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MAY 2022 NEWSLETTER

Josiah Martin • May 02, 2022

House Bill 616 Is the Latest Ohio Bill to Target “Divisive Concepts” 

Representatives Jean Schmidt (R-Loveland) and Mike Loychik (R-Bazetta) introduced House Bill 616, a bill that would combine “anti-Critical Race Theory” concepts with language lifted straight from Florida’s controversial “don’t say gay” legislation. HB 616 is the latest bill introduced in the Ohio House of Representatives to address so-called divisive concepts in schools. The previous bills, HB 322 and HB 327, appear to be stalled for now in committee. 


HB 616 is different from HB 327 in that it only focuses on K-12 education; furthermore, the list of what it terms to be “divisive or inherently racist concepts” are not as detailed as HB 327. The list of “divisive or inherently racist concepts” in HB 616 includes all the following:

  • Critical race theory
  • Intersectional theory 
  • The 1619 Project
  • Diversity, equity, and inclusion learning outcomes
  • Inherited racial guilt
  • Any other concept that the state board of education defines as divisive or inherently racist. 

The bill puts significant power in the hands of the state school board by allowing it to determine what concepts are divisive. HB 616 also includes school funding and teacher licensure penalties for violations of the bill’s provisions. 


HB 616’s other major provision includes language that would restrict the teaching of sexual orientation and gender identity. While HB 327 had its harmful language about recognizing gender identity and fluidity, HB 616 has language that mirrors Florida’s “don’t say gay” legislation. Specifically, HB 616 would prohibit K-12 schools, any employee, or other third-party representing a school or school district from doing either of the following:

  • With respect to a student from kindergarten to third grade, teaching, using, or providing any curriculum or instructional materials on sexual orientation or gender identity 
  • With respect to a student from fourth grade to twelfth, teaching, using, or providing any curriculum or instructional materials on sexual orientation or gender identity in any manner that is not age-appropriate or developmentally appropriate for students in accordance with state standards

Much like the divisive concept language, the state school board would play a role in deciding what is “developmentally or age-appropriate” so the restrictions could end up being incredibly strict. 

Ohio Medicaid Next Generation Program Will Launch with Staggered Timeline

The Ohio Department of Medicaid (ODM) will begin the Next Generation Medicaid program launch on July 1, 2022 with the implementation of OhioRISE. The launch will be followed by other Medicaid programs on a staggered basis in the following months.


The federal public health emergency is anticipated to end in July 2022, overlapping with the Next Generation Medicaid program launch. This staggered rollout will allow ODM to move forward with the launch, while managing potential issues with the other ongoing redetermination processes. 


Stage 1 includes the July 1 launch of OhioRISE to provide coordination and specialized services to help children and youth with behavioral health needs who receive care across multiple systems.


Stage 2 will begin in October 2022 with Centralized Provider Credentialing through the Ohio Medicaid Enterprise System Provider Network Management module. The Single Pharmacy Benefit Manager will begin providing pharmacy services across all managed care plans and members during this stage.


Stage 3 concludes the timeline with the seven Next Generation managed care plans beginning to provide healthcare coverage. The Department of Medicaid will also complete the Ohio Medicaid Enterprise System implementation, including the Fiscal Intermediary to streamline the provide process for submitting claims and prior authorization.

Needed Investments to Address the COVID Cliff

If not extended, the current public health emergency (PHE) is set to expire on July 15, 2022. With the expiration of the public health emergency, many pandemic-related flexibilities and expansions for programs such as Supplemental Nutrition Assistance Program (SNAP), Medicaid, and others will end. Dubbed the “COVID Cliff,” families still fighting to gain stability will face the end of enhanced SNAP benefits and the redetermination of the full Medicaid caseload for the first time in over two years, resumed federal student loan payments, and more. 


This significant and sudden loss of support for basic needs will be a major hit to household budgets and lead to confusing and stressful times for families and individuals. Ohio and the nation are on the brink of an economic downturn while inflation continues to rise. 


As part of our work with Advocates for Ohio’s Future, OPLC is urging the Ohio General Assembly and Governor Mike DeWine to consider the following immediate investments to ensure the state, local agencies, providers, and impacted Ohioans are prepared for the unwind and to mitigate the impact of the COVID Cliff:


$183 million for Ohio’s foodbanks. Ohio’s foodbank network is already facing incredible need, from inflation, supply chain issues, low donations, and more. This support is vital to ensure foodbanks across Ohio are prepared to meet increased demand following reductions in SNAP benefits, rising operating costs, and workforce shortages.  


$25 million for County Job and Family Services. County Job and Family Services (CJFS) offices, which process eligibility for most public benefits in Ohio, are already strained by workforce shortages and unsustainably high call volume, which will only increase at the end of the PHE. This funding will support CJFS offices as they process an unprecedented number of cases in a short time.


$23.5 for In-Person Assisters. When Ohioans receive notices about benefits changes and undergo the Medicaid redetermination process, our in-person assisters will be their first line of support. This funding would support:

  • In-person health insurance enrollment assisters
  • Legal Aid Services
  • A public outreach campaign to inform benefits recipients of changes.

$100 million for Direct Service Nonprofits. Throughout the pandemic, Ohio nonprofits have helped communities weather the crisis. Ohio's direct service nonprofit network has been pushed to the brink while rising operating costs and workforce issues become more challenging. 


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