This legislative measure was introduced by Representative D.J. Swearingen of Erie and Ottawa Counties in December 2021 and was referred to the House Committee on Behavioral Health and Recovery Services. As introduced, the bill largely focused on the composition of and appointment authority to the various county ADAMHS boards. The bill also included a repeal of the 120-notice requirement for purposes of contracting for community mental health and/or addiction treatment services under section 340.03 of the Revised Code.

In response to the bill’s introduction, the Ohio Council—working in concert with OARP—engaged Rep. Swearingen to express our concerns, informed his office about the OhioMHAS-led workgroup on section 340, and requested that the 120-notice requirement be maintained. After the meeting, the bill was not heard in committee until this week, where Rep. Swearingen offered a substitute version of HB 523 that includes a host of new provisions that The Ohio Council cannot support.

Many of these provisions are controversial in nature and similar to the amendments that were discussed and dismissed during the last budget process (i.e. expanding the ADAMH boards’ role in the coordination of public benefits, authorizing access to individual Medicaid data of patients, eliminating the 120-notice provision, and authorizing the boards to develop their own contracting process without the safeguards of any dispute-resolution process or continuity of care protections). Accordingly, The Ohio Council has again engaged Rep. Swearingen and requested a meeting to share our views on the bill. Our team has also met with the chair of the Behavioral Health and Recovery Supports Committee, Rep. Sara Carruthers of Butler County, to confirm that the bill will not advance before all interested parties will have a chance to weigh in and offer amendments. The Ohio Council has also shared information with other advocates and OhioMHAS. We expect a productive discussion with Rep. Swearingen and will share more information about this legislation and the section 340 workgroup as it becomes available. LSC analysis of the bill can be viewed here: HB 523, as amended.