Couch to Capitol: May Legislative Updates

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We bridge the gap between clinical practice and policy making in Ohio with a comprehensive look at legislative developments affecting mental health professionals and their clients.

• Federal enforcement of the Mental Health Parity and Addiction Equity Act (MHPAEA) Final Rule has been paused due to litigation, potentially weakening insurance accountability
• Ohio Association of Health Plans has proposed amendments that would soften provider protections for electronic fund transfers (EFTs) and payment methods
• Substitute House Bill 96 contains provisions that would restrict LGBTQ+ affirming materials, homeless shelter services, and education policies
• House Bill 172 aims to repeal ORC 5122.04, which allows minors in crisis to access mental health services without parental consent
• House Bill 277 would classify healthcare workers using digital platforms as independent contractors rather than employees
• Register for the Tri-State Behavioral Health Workforce Summit in Cincinnati on August 1st where our government relations team will be presenting

Make sure you're subscribed so you never miss an update. If you have questions, feedback, or want to get involved in our advocacy efforts, drop us a line through text or connect with us on social media.

Resources:

• https://www.supremecourt.ohio.gov/clerk/ecms/#/recentfiling
• https://www.legislature.ohio.gov/legislation/status-reports
• https://ohiocounseling.org/legislative-advocacy

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Both of these links are always available on the OCA Link Tree: https://linktr.ee/ohiocounseling

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Created by the OCA's Media, Public Relations, and Membership (MPRM) Committee & its Podcast Subcommittee

·Hosted by Marisa Cargill & Victoria Frazier

·Pre-Production & Coordination by Kailey Bradley, Marisa Cargill, Victoria Frazier, Linda Marcel-Rene & Kendra Thornton

·Editing by Leah Wood & Marisa Cargill

Episode Transcript

Speaker 1 (00:00):
Welcome to the first episode of Couch to Capital here
on Ohio CounselingConversations, where we bridge
the gap between your clinicalcouch and the halls of Ohio
Statehouse and beyond.
I'm Marissa Cargill.

Speaker 2 (00:11):
And I'm Victoria Frazier, and each month, it's
our goal to bring you the mostrelevant legislative updates
impacting counselors, clientsand the mental health profession
across our state.
Let's jump into what May broughtus.
First up, a significantdevelopment from Washington.
On May 15th, the US Departmentsof Labor, health and Human
Services and the Treasuryannounced they will pause
enforcement of the 2024 FinalRule of the Mental Health Parity

(00:34):
and Addiction Equity Act, alsoknown as MHPAEA.
This rule was supposed toincrease accountability for
insurers, especially aroundnon-quantitative treatment
limits Think things like priorauthorizations, network adequacy
or step therapy but due tolitigation filed by the ERISA
Industry Committee and underExecutive Order 14219,

(00:55):
enforcement is paused until 18months after that lawsuit is
resolved.
What does this mean forcounselors and clients?
It opens the door for moreinsurance denials and
limitations on mental healthtreatment access.
While the original MHPAEA lawstill stands, the enforcement
tools we need for true parityare now in limbo.
Ohio did adopt paritycompliance rules back in 2021,

(01:17):
so our state remains ahead ofthe curve, but we'll be watching
closely as the situationunfolds as the situation unfolds
.

Speaker 1 (01:26):
Now let's talk insurance reimbursement and a
proposed amendment from the OhioAssociation of Health Plans
regarding electronic fundtransfers, or EFTs.
Currently, the budget saysinsurers must offer at least one
payment method without fees,must not require payment via
credit card and must clearlydisclose any fees up front.
Providers can also switchpayment methods without being
charged a fee.
Oahp's amendment softens theseprotections.

(01:50):
Their proposal is to allowcredit card payments but give
providers the right to opt out,require insurers to disclose
only their own fees, not thosefrom processors, extend the
timeline for payment methodchanges and let insurers change
payment methods unilaterally ifa provider hasn't been paid in
over a year.
The sub bill is expected soonand we'll do our best to keep

(02:12):
you posted on where thesechanges land.

Speaker 2 (02:15):
In other budgetary news, a controversial budget
proposal Substitute House Bill96, is drawing strong criticism
from advocacy organizations likeEquality Ohio, and it has
serious implications forcounselors, particularly those
working with LGBTQ plus youth.
The bill includes language thatwould define gender strictly as
male or female, require publiclibraries to segregate or

(02:38):
restrict access to materials onsexual orientation or gender
identity for minors, prohibitfunding for homeless shelters
that affirm a young person'ssocial transition, enforce
outdated educational retentionpolicies that disproportionately
impact LGBTQ plus Black andBrown students and undermine
public education by removingelected oversight and shifting

(03:01):
funding to private institutions.

Speaker 1 (03:03):
Why counselors should care.
These provisions directlythreaten access to affirming
mental health support,educational equity and safety,
especially for LGBTQ plus youth,who already face elevated risks
of depression, anxiety andsuicide.
When identity affirmingmaterials are censored and
shelters are penalized forsupporting youth in crisis, the

(03:25):
consequences aren't justpolitical.
They're clinical.
Counselors in schools,libraries, shelters and clinics
may be forced to navigatehostile systems while trying to
uphold ethical obligationsaround inclusion and safety.
Equality Ohio calls this billan assault on fairness,
education and the well-being ofour communities.
It's more than a policy debate.
It's a mental health issue.

(03:46):
We'll continue to monitor thisbudget process and advocate for
policies that support, not harm,our clients and communities.

Speaker 2 (03:55):
In other news, house Bill 172 is back on the docket,
and it's one to watch.
The bill would repeal OhioRevised Code 5122.04, which
currently allows minors incrisis to access mental health
services without parentalconsent.
Representative Newman, asponsor of the bill, testified
that the current law contradictsHouse Bill 8, the Parents' Bill

(04:16):
of Rights passed last year.
While the sponsor focused onschool-based counseling, the
bill applies to all settings,meaning youth in crisis outside
of school could also be affected.
Democratic committee members,especially Representative
Brownlee, a social workerherself, pushed back,
emphasizing the importance ofconfidential access to care in
crisis situations.

(04:37):
We expect future hearings andwill share updates as they
unfold.

Speaker 1 (04:41):
Next a new bill House Bill 277, introduced by
Representatives Craig and Dieter.
This bill addresses healthcareworkers using digital platforms
Think gig-style apps that matchworkers to shifts at healthcare
facilities.
Under the bill, workers bookedthrough these platforms would be
legally considered independentcontractors, not employees, if

(05:01):
certain criteria are met.
That includes having fullflexibility over shifts, pay
rates and no obligation to useproprietary equipment or sign
non-competes.
Importantly, healthcare workeris defined very broadly in this
bill, possibly includingnon-licensed professionals that
could raise classificationquestions for some counselors or

(05:23):
behavioral healthparaprofessionals working
through tech platforms.
This bill was just referred tocommittee.
We'll keep tracking itsmovement.

Speaker 2 (05:36):
Finally, an invitation Rachel from our
government relations team willbe presenting at the Tri-State
Behavioral Health WorkforceSummit in Cincinnati on August
1st.
Attendees from Ohio, kentuckyand Indiana will gather to
discuss workforce needs andlegislation.
If you're interested inattending on behalf of our
association, reach out.
We'd love to have morerepresentation.

Speaker 1 (05:53):
That wraps up this month's episode of Couch to
Capital.
From federal parity enforcementdelays to Ohio's shifting EFT
and youth consent laws, it'sclear staying informed is part
of our advocacy, and that's whatthis podcast is all about.

Speaker 2 (06:07):
Make sure you're subscribed so you never miss an
update.
If you have questions, feedbackor want to get involved in our
advocacy efforts, be sure todrop us a line.
You can text or connect withour socials in the show notes.