Ohio Counseling Conversations
Ohio Counseling Conversations
Couch to Capitol: May Legislative Updates
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
If you would like to provide any feedback for the podcast, we invite you to do so at the form linked here: https://docs.google.com/forms/d/e/1FAIpQLSfV0u5jSuQ4hNaGM3Nioymbj4ZuQAIlcxIJrYr98fUgfiwnNQ/viewform
If you or your division have a PSA you'd like Ohio Counseling Conversations to share, you can complete the form linked here: https://docs.google.com/forms/d/e/1FAIpQLScDWNUFWbzJ6OclTzEh8WvBFdgCi_cXtRq3XYKVQClGwLfUpA/viewform
Both of these links are always available on the OCA Link Tree: https://linktr.ee/ohiocounseling
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If you’re a counselor in Ohio and would like to get involved as part of production or as a guest, or know someone who might be interested, please email us at ohiocounselingconversations@gmail.com!
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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
Welcome to the first episode of Couch to Capital here on Ohio Counseling Conversations, where we bridge the gap between your clinical couch and the halls of Ohio Statehouse and beyond. I'm Marissa Cargill.
Speaker 2:And I'm Victoria Frazier, and each month, it's our goal to bring you the most relevant legislative updates impacting counselors, clients and the mental health profession across our state.
Speaker 2:Let's jump into what May brought us. First up, a significant development from Washington. On May 15th, the US Departments of Labor, health and Human Services and the Treasury announced they will pause enforcement of the 2024 Final Rule of the Mental Health Parity and Addiction Equity Act, also known as MHPAEA. This rule was supposed to increase accountability for insurers, especially around non-quantitative treatment limits Think things like prior authorizations, network adequacy or step therapy but due to litigation filed by the ERISA Industry Committee and under Executive Order 14219, enforcement is paused until 18 months after that lawsuit is resolved. What does this mean for counselors and clients? It opens the door for more insurance denials and limitations on mental health treatment access. While the original MHPAEA law still stands, the enforcement tools we need for true parity are now in limbo. Ohio did adopt parity compliance rules back in 2021, so our state remains ahead of the curve, but we'll be watching closely as the situation unfolds as the situation unfolds.
Speaker 1:Now let's talk insurance reimbursement and a proposed amendment from the Ohio Association of Health Plans regarding electronic fund transfers, or EFTs. Currently, the budget says insurers must offer at least one payment method without fees, must not require payment via credit card and must clearly disclose any fees up front. Providers can also switch payment methods without being charged a fee. Oahp's amendment softens these protections. Their proposal is to allow credit card payments but give providers the right to opt out, require insurers to disclose only their own fees, not those from processors, extend the timeline for payment method changes and let insurers change payment methods unilaterally if a provider hasn't been paid in over a year. The sub bill is expected soon and we'll do our best to keep you posted on where these changes land.
Speaker 2:In other budgetary news, a controversial budget proposal Substitute House Bill 96, is drawing strong criticism from advocacy organizations like Equality Ohio, and it has serious implications for counselors, particularly those working with LGBTQ plus youth. The bill includes language that would define gender strictly as male or female, require public libraries to segregate or restrict access to materials on sexual orientation or gender identity for minors, prohibit funding for homeless shelters that affirm a young person's social transition, enforce outdated educational retention policies that disproportionately impact LGBTQ plus Black and Brown students and undermine public education by removing elected oversight and shifting funding to private institutions.
Speaker 1:Why counselors should care. These provisions directly threaten access to affirming mental health support, educational equity and safety, especially for LGBTQ plus youth, who already face elevated risks of depression, anxiety and suicide. When identity affirming materials are censored and shelters are penalized for supporting youth in crisis, the consequences aren't just political. They're clinical. Counselors in schools, libraries, shelters and clinics may be forced to navigate hostile systems while trying to uphold ethical obligations around inclusion and safety. Equality Ohio calls this bill an assault on fairness, education and the well-being of our communities. It's more than a policy debate. It's a mental health issue. We'll continue to monitor this budget process and advocate for policies that support, not harm, our clients and communities.
Speaker 2:In other news, house Bill 172 is back on the docket, and it's one to watch. The bill would repeal Ohio Revised Code 5122.04, which currently allows minors in crisis to access mental health services without parental consent. Representative Newman, a sponsor of the bill, testified that the current law contradicts House Bill 8, the Parents' Bill of Rights passed last year. While the sponsor focused on school-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 worker herself, pushed back, emphasizing the importance of confidential access to care in crisis situations. We expect future hearings and will share updates as they unfold.
Speaker 1:Next a new bill House Bill 277, introduced by Representatives Craig and Dieter. This bill addresses healthcare workers using digital platforms Think gig-style apps that match workers to shifts at healthcare facilities. Under the bill, workers booked through these platforms would be legally considered independent contractors, not employees, if certain criteria are met. That includes having full flexibility over shifts, pay rates and no obligation to use proprietary equipment or sign non-competes. Importantly, healthcare worker is defined very broadly in this bill, possibly including non-licensed professionals that could raise classification questions for some counselors or behavioral health paraprofessionals working through tech platforms. This bill was just referred to committee. We'll keep tracking its movement.
Speaker 2:Finally, an invitation Rachel from our government relations team will be presenting at the Tri-State Behavioral Health Workforce Summit in Cincinnati on August 1st. Attendees from Ohio, kentucky and Indiana will gather to discuss workforce needs and legislation. If you're interested in attending on behalf of our association, reach out. We'd love to have more representation.
Speaker 1:That wraps up this month's episode of Couch to Capital. From federal parity enforcement delays to Ohio's shifting EFT and youth consent laws, it's clear staying informed is part of our advocacy, and that's what this podcast is all about.
Speaker 2: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, be sure to drop us a line. You can text or connect with our socials in the show notes.