The Ohio Academy of Family Physicians (OAFP) advocacy team monitors healthcare related legislation, rule changes, and legislative updates for Ohio’s family physicians.
To access the OAFP Bill Tracker, visit the OAFP Public Policy webpage and click on the Bill Tracker icon.
Read on for this week’s updates and contact the OAFP staff with questions or for ways to get involved.
Judge Extends Temporary Restraining Order on Trans Healthcare, Sports Restrictions
Source: The Hannah Report. Copyright 2024 Hannah News Service, Inc.
Restrictions on gender transition services for minors and transgender women’s and girls’ participation in school sports will continue to be blocked through Monday, May 20.
On April 30, Franklin County Court of Common Pleas Judge Michael Holbrook extended his temporary restraining order (TRO), thus blocking enforcement of House Bill (HB) 68.
If not for the extension, the TRO would have expired on April 30.
“Plaintiffs submit that an extension of the TRO is necessary as the combined preliminary injunction hearing and trial on the merits is not scheduled to take place until Thursday, May 16, and is expected to last through Friday, May 17. Plaintiffs also argue that an extension of the TRO beyond an additional 14 days set forth in Civ.R.65(A) would preserve the status quo until such time as the hearing can occur and the court can issue the resulting decision,” Judge Holbrook wrote. “Upon review and consideration of plaintiffs’ motion, the court finds good cause for an extension.”
In response to the extension, the American Civil Liberties Union (ACLU) of Ohio wrote on social media, “Our legal battle will continue until, we hope, this cruel restriction is permanently blocked.”
Center for Christian Virtue (CCV) Policy Director David Mahan criticized the judge’s decision in a news release.
“On the heels of the release of the world’s largest review of pediatric gender medicine revealing the danger and ineffectiveness of such procedures, Judge Holbrook once again chooses to regard activism over due process and the safety of children,” Policy Director Mahan said. “Apparently, Judge Holbrook knows better than the U.S. Supreme Court, which allowed a similar law in Idaho to go into effect earlier this month.”
This extension comes in the wake of Attorney General Dave Yost filing an emergency motion with the Ohio Supreme Court at the end of April, arguing that Judge Holbrook overstepped his authority by granting a sweeping injunction placing all of HB 68 on hold for 14 days or until a hearing is held. Attorney General Yost is asking for the Ohio Supreme Court to narrow the ruling of the temporary restraining order so that it only applies to the plaintiffs, rather than the entire state, and allow enforcement against nonparties to the lawsuit. The attorney general, in the filing, argues that Judge Holbrook went “far beyond” his power by granting a “universal injunction against an entire new law, in all applications, to all parts of the law, despite the fact that only two named plaintiffs have alleged narrow harms from only one part of the law.
AAFP Reponses to Tri-Agency RFI on Consolidation in Healthcare Markets
Source: American Academy of Family Physicians
On May 3, the American Academy of Family Physicians submitted a letter in response to the Request for Information (RFI) on Consolidation in Healthcare Markets. The Federal Trade Commission, the Department of Justice, and the Department of Health and Human Services released the RFI seeking information on the effects of transactions consolidating healthcare professionals and related services, the intended aims of these transactions, and the actual effects on providers, patients, and others in the healthcare market.
Speaker Stephens: Courts Should Handle Conflicts between ORC, Abortion Rights Amendment
Source: The Hannah Report. Copyright 2024 Hannah News Service, Inc.
The General Assembly doesn’t need to update the Ohio Revised Code (ORC) to carry out the will of the voters on abortion rights, House Speaker Jason Stephens (R-Kitts Hill, OH) recently stated.
Fifty-seven percent of voters supported the reproductive rights constitutional amendment Issue 1 in November 2023, casting doubt on the popularity and/or constitutionality of the numerous anti-abortion laws passed by state lawmakers over the last 15-plus years.
“A lot of those laws will therefore be in front of a judge or seven judges sooner or later,” Speaker Stephens told reporters following the House Rules and Reference Committee meeting on April 30. “How do those match, mesh, or conflict with the new version of the constitution? That’s much more in line with the courts to decide than the Legislature.”
Speaker Stephens has often emphasized the importance of upholding the will of the voters on marijuana legalization initiated statute Issue 2, which was also approved by 57% of Ohio voters. However, he said the Legislature has a different responsibility when dealing with initiated statutes as opposed to constitutional amendments.
“I think it makes a whole lot more sense for the Legislature to deal with the legislation at this stage, as opposed to the constitutionality of issues and trying to guess what a court may or may not interpret,” Speaker Stephens said.