News and information useful to Cleveland-Marshall College of Law students, faculty and staff.

Archive for the ‘Ohio’

Proposed Ohio Regulations On Controlled Substance Prescriptions

Photo of 2 opioid prescription bottlesThe State of Ohio Board of Pharmacy recently proposed amendments to Ohio Administrative Code (OAC) regulations concerning the “manner of issuance of a prescription,” “information required for submission,” and “electronic format required for the transmission of dispensing information.”  The proposed amendments to OAC 4729-5-30 require diagnosis codes and days’ supply on all controlled substance prescriptions; specifies the portions of a prescription that a pharmacist may modify; updates requirements for prescribing via fax, orally, or electronically; and updates “dispense as written” requirements for generic substitutions, interchangeable biologics, and combined refills.  The proposed amendments to OAC 4729-37-04 and OAC 4729-37-05 require reporting of diagnosis codes to the Ohio Automated Rx Reporting System (OARRS), and the adoption of the American Society for Automation in Pharmacy 4.2A Standard for reporting dispensing data.  The Pharmacy Board believes collection of diagnosis codes in OARRS “will help to support efforts to monitor and enforce the acute pain prescribing limits currently being proposed by Ohio’s Prescriber regulatory boards,” and these “limits have the potential to reduce the number [of] opioids prescribed in Ohio by an additional 109 million doses.”  For additional information, see the information on these proposed regulation amendments in the Register of Ohio.

Ohio’s Medicaid Expansion Program Survives Veto Override Threat

image of Seal of Ohio Medicaid DepartmentThe State of Ohio Medicaid Expansion remains intact.  On 6/30/17, Ohio Governor John Kasich (R) line-item vetoed numerous items in Amended Substitute House Bill 49, the 2018-19 state operating budget.  Item 16 was the “health care compact” provision that would have frozen enrollment in the Medicaid Expansion program.  The freeze would have kicked 500,000 people off the program, because anyone who became temporarily ineligible because of a job would not be allowed back on.  Ohio House and Senate Republicans had pledged to recruit a super-majority to override this particular veto, but recently backed down.  However, the Republicans have overridden several of Kasich’s vetos, thereby restoring a prohibition on coverage of any new groups under Medicaid, a requirement of House and Senate approval before raising Medicaid rates, and a prohibition on lowering reimbursement rates for nursing homes.  Barbara Sears, the Ohio Director of Medicaid is concerned that there will be lower reimbursement rates for hospitals and home medical services, and some home services may no longer be available for Medicaid recipients.

Need to Search Interstate Compacts?

The National Center for Interstate Compacts Database is a great place to start if you need to research interstate compacts.  An interstate compact is an agreement between two or more states.  Those agreements which would increase the power of states at the expense of the federal government require approval of Congress.

The National Center for Interstate Compacts assists states in the review, revision, and creation of new interstate compacts as solutions to multi-state problems or alternatives to federal preemption.

The database allows users to search more than 1,500 statutes for state-by-state interstate compact membership.  Search via the interactive map or advanced search options. Once located, the compact statutory language is available as a PDF.

This Just In: Opiate Summit (OSBA Reference Manual)

A recent NBC News article covers the opioid epidemic in Montgomery County, Ohio (location of Dayton).  The county holds the dubious distinction of having the most overdoses per capita in the United States, with the county on pace to have 800 overdose deaths this year.  The sobering reality is that many other parts of Ohio are hit almost as hard by this crisis.  This makes our This Just In selection Opiate Summit from the Ohio State Bar Association (OSBA), a timely and needed addition to our collection.  This document is the reference manual from a five hour CLE session held this past March by OSBA.

The CLE consisted of presentations by panelists from the Ohio Legislature, as well as Ohio and national drug court administrators and judges.  The reference manual has information on current and proposed legislation in this area, medical information related to opiate use and addiction, statistical information, a detailed bibliography of the above along with information on the operations and contact information of drug courts in Ohio and nationally.

With SCOTUS’ Tam Decision, Indians Logo May Be Safe in the US.

A unanimous Supreme Court ruled today that the federal government’s power to ban all trademark protections for names it deems to be offensive violates the Constitution’s First Amendment.  The Tam case (Matal v. Tam) involved a rock band called the Slants. The Slants consist of four Asian Americans.  The band acknowledges that its name has been used as a racial slur; however, they say that its name is an attempt to reclaim the racial slur to take away its power.

The band’s application to trademark its name was denied by the Patent and Trademark Office (PTO) in 2011. The PTO can deny any trademark that alludes to immoral, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs or national symbols, or bring them into contempt, or disrepute. The Supreme Court ruled the disparagement clause violates the First Amendment’s Free Speech Clause.

So it appears, with this ruling the Washington Redskins trademark denial lawsuit will be settled in favor of the football team.  Also, the Cleveland Indians’ Chief Wahoo logo may be safe from trademark denial in the United States.  However, as we posted about recently, the Indians are still facing a fight over the logo in Canada.