HB 68 Update: What the most recent decision from the 10th District Court of Appeals means for behavioral health providers right now

Summary: HB 68 is still in effect as of this moment, though some parts may be paused or stopped soon. This ruling is great news, but it’s essential to learn more and stay tuned!

The 10th District Court of Appeals has partially overturned HB 68, Ohio’s ban on gender-affirming care for LGBTQ+ youth. We are thrilled that their decision supports the rights of youth to access safe, ethical, and necessary healthcare without discrimination. However, there is much nuance about what this means or could mean for gender-affirming care for minors in Ohio. This is still evolving, and things change rapidly, but here are some key pieces of information based on our current understanding of this ruling and its status.

• An injunction on the enforcement of HB 68 has not yet been issued as a result of this ruling, though the Appeals Court has ordered the trial court to impose a permanent injunction. This means that, as of this moment, HB 68 is still in effect. The State of Ohio’s appeal to the Supreme Court could potentially impact whether or not an injunction will occur.

• Unfortunately, the entire content of HB 68 was not overturned. The section impacting mental healthcare access and confidentiality regulations from HB 68 was not affected by the 10th District Court’s ruling. Thus, these regulations are still in effect and will remain in effect even if an injunction is placed on HB 68 based on the 10th District Court's ruling. This news deeply saddens us, and we hold fast to our commitment to support and protect transgender and gender-diverse youth.

We encourage all behavioral health providers to follow along closely with NASW Ohio, as we will continue to provide clarification and guidance as things evolve or if our understanding changes.

If you are a behavioral health provider working with youth, understanding the rapidly changing policies regulating your practice with minors is essential to protect yourself and your minor clients.

NASW Ohio has practice guidance, resources, and training on HB 68 and HB 8 to support behavioral health providers. Resources and upcoming training details can be accessed at naswoh.org/practiceguidance

On January 4, 2021 NASW Ohio hosted a meeting to offer guidance for social workers on this new legislation.

Watch the video

Download the handout

When you need it, NASW offers resources to help you through sticky situations, with constructive dialogue and considerations. Need help? Call (614) 461-4484.

Attn: Future social workers who have criminal charges

There is a new, active rule in Ohio Administrative Code that could limit your employment options based on criminal background. This rule relates to social workers (and other providers) who want to provide services like case management and psychotherapy to Medicaid consumers. Many entry-level social work jobs rely on Medicaid provider enrollment, so it is important that you consider seriously whether this rule could limit your opportunities post-graduation.

The good news is that there are options you may be able to pursue now to avoid any delay as you start your career.

Want to find out if this rule could impact you?

First, read through OAC 5160-1-17.8 Provider screening and application fee to see which tier contains your particular charge(s). Note that the exclusionary time period doesn’t start until after all probation, parole, or incarceration is finished. If you find that your particular charge(s) will limit your ability to enroll as a Medicaid provider either, you should then determine your options. Please watch this video from the Ohio Poverty Law Center on the ODM rule and what options might be available if it impacts you.

We know that this process might be scary and frustrating. Please remember that NASW Ohio has been and will continue advocating for policies that are accommodating and accepting of social workers with criminal backgrounds. If you are worried that this rule will have a negative impact on your next steps post-graduation, we recommend sharing your concerns with your advisors early so that you can prepare and plan for success. NASW Ohio is here as a resource as well - (614) 461-4484.

We have received calls from licensed social workers who've been approached by organizations that offer to provide letters of support to the public for emotional support animals (ESAs).

These organizations may offer to pay licensees to provide assessment and diagnosis to a “client” who is requesting the emotional support animal. In some examples, these organizations have asked licensees to provide over-the-phone diagnosis.

Please exercise caution in writing any letter of support for an emotional support animal and in providing any social work service electronically.

In the case of emotional support animal letters, NASW and other expert organizations generally recommend that a social worker have an established therapeutic relationship with a client before offering such a document.

While organizations may imply that there is little to no liability on the part of the licensee, it remains the responsibility of the licensee to understand the allowable methods and scope of practice.

NASW Ohio is here to provide support about ethics or legalities in social work practice. Members, please feel free to reach out to info.naswoh@socialworkers.org or 614-461-4484.