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

Archive for the ‘Ohio’


Ohio’s Application for PPACA State Innovation Waiver Denied

CCIIO logoOhio’s application for a State Innovation Waiver under section 1332 of the Patient Protection and Affordable Care Act (PPACA) was recently denied. Ohio was specifically seeking to waive the “individual mandate.”* Per federal guidelines (see 45 C.F.R. 155.1308(c)), the application was reviewed by the U.S. Department of Health and Human Services and the U.S. Department of the Treasury (hereinafter “the Departments”). The Departments found the application to be incomplete, as communicated to the Ohio Department of Insurance in a 5/17/18 letter from Randy Pate, Director of the Center for Consumer Information & Insurance Oversight (CCIIO) and Deputy Administrator of the Centers for Medicare & Medicaid Services. Specifically, the Ohio application did “not include a description of any program implementing a waiver plan for providing coverage that meets section 1332 requirements,” and did not include a description of the reason Ohio was seeking to waive the “individual mandate.” [See requirements detailed at 42 U.S.C. 18052 and 45 C.F.R. 155.1308(f)(3)(iii).] The CCIIO oversees the implementation of PPACA provisions related to private health insurance, including Section 1332 State Innovation Waivers, which permit a state to “pursue innovative strategies for providing their residents with access to high quality, affordable health insurance while retaining the basic protections of the ACA.” After the Departments make a preliminary determination that a State Innovation Waiver application is complete, they provide for a public notice and comment period, and make a final decision on the application within 180 days.

*The “individual mandate” was originally codified at 26 U.S.C. §5000A and 26 C.F.R. 1.5000A-2. The Tax Cuts and Jobs Act (Pub. L. No. 115-97, 131 Stat. 2054, 12/22/17; text not yet available – see Section 11081 of H.R. 1, 115th Cong., 2017) repealed §5000A and eliminated the penalty associated with the individual mandate, beginning in 2019. However, no changes were made to the statutory language that established the mandate. For more information, see The Individual Mandate for Health Insurance Coverage: In Brief, by the Congressional Research Service.

Adding Initiative and Referendum Issues on Ohio Ballots

Flag of OhioContinuing from last Thursday’s post with information about ballot issues in Ohio, there are four methods to put an issue on the ballot: referendum, citizen-initiated constitutional amendment, legislatively-initiated constitutional amendment, and initiated statute.

A statewide referendum challenges a recently enacted law. The referendum process stops a law from becoming effective until the law itself can be submitted to voters to approve or reject at the next regular or general election. Petitioners must follow a detailed process, beginning with submitting an initial petition that includes the full text of the challenged law and signatures from 1,000 registered Ohio voters, to the Secretary of State and the Attorney General. After certification by both offices, petitioners must gather more signatures and file with the Secretary of State at least 125 days prior to an election to get the challenged law on that ballot. A few matters cannot be challenged by referendum including laws providing for tax levies, appropriations for current state government and state institution expenses, and emergency laws immediately necessary for preserving public peace, health, or safety.

Constitutional amendments may appear on statewide ballots in two ways. First, a citizen-initiated amendment  may be proposed when a citizen believes that a matter is not addressed adequately by the Ohio Constitution. An initial petition, with 1,000 registered voter signatures, must be submitted to the Attorney General for certification. Then, the Ohio Ballot Board must certify that the petition contains only one constitutional amendment. After certification by both offices and filing with the Secretary of State, petitioners must gather the required number of signatures and file with the Secretary of State at least 125 days prior to a general election to get the proposed amendment on the ballot. A proposed amendment only needs approval from a majority of voters, and then becomes effective 30 days after the election. Second, a constitutional amendment may be initiated by the General Assembly by passing a joint resolution by a three-fifths vote. The resolution must be filed with the Secretary of State at least 90 days prior to the election. The joint resolution will then appear as an issue on the general election ballot, where if approved by a majority of voters, it will become a constitutional amendment.

Finally, a citizen may initiate a statute if he or she believes that a matter is not adequately addressed by the Ohio Revised Code. Petitioners must file an initial petition, signed by 1,000 registered voters, with the Attorney General. After certification by the Attorney General, and certification from the Ballot Board that the petition contains only one proposed law, the petition is filed with the Secretary of State and petitioners must gather additional signatures.  The petition must then be filed with the Secretary of State at least 10 days prior to the beginning of a General Assembly session. The General Assembly has four months to act on the proposed law, and if it does not pass the law, passes an amended version, or takes no action at all, then petitioners may file supplemental petitions demanding that the proposed law appear on the ballot at the next general election. If the proposed law is approved by a majority of voters, it becomes effective 30 days after the election.

Putting issues on the ballot, and other matters of Ohio election law, are controlled by the Ohio Constitution Art. II and Art. XVI, and by the Ohio Revised Code Title 35.

Information on Ohio’s Upcoming Primary Election

image of hand placing completed ballot into boxLess than one month away, Ohio’s Statewide Primary Election takes place on May 8, 2018. The Secretary of State’s office provides information on statewide issues, candidates for state and district offices, and local issues. Lists of candidates for local offices can be found by contacting the county boards of elections. Ohio voters can easily check their voter registration status, polling location, voting options, and view sample ballots by visiting MyOhioVote.com. While the April 9th deadline to register to vote in the May primary has passed, voters have until October 9th to register for the November general election. All deadlines for registrations, petitions, and other election-related filings can be found on the 2018 Elections Calendar, maintained by the Secretary of State’s office.

The May 8th Primary features one statewide issue. Issue 1: Creates a bipartisan, public process for drawing congressional districts, is a constitutional amendment initiated by the General Assembly. In Ohio there are several methods to put an issue on the ballot: referendum, citizen initiated constitutional amendment, General Assembly initiated constitutional amendment, and citizen initiated statute. To learn more about each method, check back here next Thursday.

ORC 3701.034 Ruled Unconstitutional

Planned Parenthood LogoThe U.S. Court of Appeals for the Sixth Circuit has affirmed that ORC 3701.034 is unconstitutional.  [See Planned Parenthood of Greater Ohio v. Lance Himes, 6th Cir., No. 16-4027, 4/18/18.]  The court said the law violates the “unconstitutional conditions doctrine,” which forbids the government from placing conditions on a recipient of federal funds that would infringe on the recipient’s constitutional rights. While the government has no obligation to fund abortion activities, it may not use its control over federal funds to stop Planned Parenthood from exercising its constitutionally protected right to advocate for legal abortion.  ORC 3701.034 was codified by House Bill 294, and was to become effective May 23, 2016.  It would have prevented Planned Parenthood’s 28 Ohio-based affiliates – only 3 of which provide abortion services – from receiving federal money to pay for programs under the Violence Against Women Act, the Breast and Cervical Cancer Mortality Prevention Act, an infertility prevention project, the Minority HIV/AIDS Initiative, and a personal responsibility education program.  On 5/23/26, the U.S. District Court for the Southern District of Ohio issued a temporary restraining order, blocking enforcement of the law.  [See Planned Parenthood of Greater Ohio v. Hodges, 201 F. Supp. 3d 898 (S.D. Ohio 2016).]

New Legal Research Seminar Added to TWEN

 A new seminar was just added to the Law Library’s collection of Legal Research Seminars on TWEN. This new seminar focuses on Administrative Law. Information on the rulemaking process, official sources, and helpful research tips are included for both Federal and Ohio administrative law. The Administrative Law Seminar is worth 25 points, which you can earn by correctly answering 75% of the questions on the quiz. Remember, points roll over from year to year, and 100 points will earn a Law Library Legal Research Seminar Letter of Recognition, as well as a Digital Badge that can be posted on your LinkedIn page.

 

Check out the other Legal Research Seminars on the TWEN page, including:

  • Starting Research with Secondary Sources (17:02 mins; 12.5 points)
  • Bluebooking (38:47 mins; 25 points)
  • Terms & Connectors Searching (10:48 mins; 12.5 points)
  • Lexis Advance Overview (21:11 mins; 12.5 points)
  • Shepard’s (11:54 mins; 12.5 points)
  • Westlaw Overview (20:03 mins; 12.5 points)
  • KeyCite (10:16 mins; 12.5 points)
  • Bioethics Research & Scholarly Writing (28:33 mins; 25 points)

Law Library Legal Research Seminars are for C|M|Law students, including our MLS and LLM students.  For additional information, contact Laura Ray, Outreach & Instructional Services Librarian, 216-687-6880, l.ray@csuohio.edu.