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


New Law Library DACA Resource Guide

Photo of 9/15/17 DACA demonstration in San Francisco.The Law Library has just created the Deferred Action for Childhood Arrivals (DACA) Resource Guide.  The guide was created to complement the Cleveland-Marshall College of Law and Cleveland State University Forum conducted September 28, 2017.  The Forum featured academic and legal experts who discussed the policy’s origins, its current status, and the practical implications for immigrants under DACA.

[Photo of 9/5/17 demonstration in San Francisco by Funcrunch.]

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.

CMS Proposes Significant Cuts for Home Health in 2018 & 2019

The Centers for Medicare & Medicaid Services (CMS) recently issued a proposed rule (82 Fed. Reg. 35270, 7/28/17) that includes significant cuts to calendar year 2018 payment rates and the wage index for home health agencies serving Medicare beneficiaries, as well as the home health prospective payment system case-mix adjustment methodology.  CMS proposes to cut Medicare payments to home health agencies by $80 million (4%) in calendar year 2018.  Medicare currently pays for up to 60-day episodes of home health care, but CMS proposes to reduce the care unit to 30-day episodes starting 1/1/19.  Industry leaders estimate the care unit reduction would result in $950 million in cuts to home health services, thereby limiting access to care, and question CMS’s authority to make such changes without Congressional action.  Comments on the proposed rule will be received until 5pm on 9/25/17.  For additional information, see the CMS Announces Proposed Payment Changes for Medicare Home Health Agencies for 2018 and 2019 fact sheet.

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.

State of Ohio Continues Challenge to Transitional Reinsurance Program

CMS LogoThe state of Ohio has filed a Petition for Rehearing En Banc in the U.S. Court of Appeals for the Sixth Circuit, asking the full court to rehear its challenge to the Patient Protection and Affordable Care Act’s Transitional Reinsurance Program (TRP).  In Ohio v. U.S. a three-judge panel of the Court has affirmed the U.S. District Court for the Southern District of Ohio ruling that granted the U.S. motion to dismiss, and denied the state of Ohio motion for summary judgment.  The state of Ohio has claimed that the TRP applies to private employers, not state and local government employers, and violates the Tenth Amendment.  In this challenge to the TRP, the state of Ohio has been joined by several of its political subdivisions as well as the University of Akron, Bowling Green State University, Shawnee State University, and Youngstown State University, and seeks a refund of all payments made on its behalf.  The TRP was intended to stabilize premiums in the individual market inside and outside of the Health Insurance Marketplaces, by collecting from contributing entities to fund reinsurance payments to issuers of non-grandfathered reinsurance-eligible individual market plans, as well as administrative costs of operating the TRP, during 2014-2016.  Contributions to the TRP are managed by Pay.gov.