As Introduced

136th General Assembly

Regular Session S. B. No. 352

2025-2026

Senators Weinstein, Timken

To enact sections 3702.41, 3902.65, and 5119.171 of the Revised Code regarding behavioral health screenings in the perinatal period and to make an appropriation.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 3702.41, 3902.65, and 5119.171 of the Revised Code be enacted to read as follows:

Sec. 3702.41. (A) As used in this section:

(1) "Health care professional" means an individual who is licensed or certified under the Revised Code, or otherwise authorized in this state, to provide specified medical services within the scope of the individual's license, certification, or other authorization.

(2) "Behavioral health professional" means an individual who is licensed or certified under the Revised Code, or otherwise authorized in this state, to provide specified behavioral health services within the scope of the individual's license, certification, or other authorization.

(3) "Perinatal" means the period of time beginning at the start of a woman's pregnancy and ending one year after the woman gives birth.

(B) Subject to division (C) of this section, a health care professional or behavioral health professional may screen a woman or mother for one or more behavioral health disorders in either of the following circumstances:

(1) As part of any perinatal care the professional provides to the woman;

(2) As part of any pediatric care the professional provides to an infant within a year of birth when the infant's mother is present for such care.

(C) A health care professional or behavioral health professional may perform the screening described in division (B) of this section during the perinatal period as part of the perinatal care or pediatric care described in division (B) of this section if the woman or mother consents to the screening.

(D)(1) If a screening performed under this section indicates that a woman or mother may be at risk for a behavioral health disorder or may be experiencing such a disorder and the professional is not a provider of specialized perinatal behavioral health services, the professional shall offer the woman or mother a referral, either in person or via telehealth, that is either:

(a) Directly to a provider of specialized perinatal behavioral health services for further assessment and treatment;

(b) Directly to a program designated by the department of behavioral health under section 5119.171 of the Revised Code.

(2) If a screening performed under this section indicates that a woman or mother is at risk of immediate harm to self or others, the professional shall notify emergency personnel or follow any emergency protocol governing such a circumstance established by the setting in which the professional practices.

(E) When a health care professional or behavioral health professional makes a referral pursuant to division (D) of this section, the professional also shall ensure that the woman or mother receives timely and accessible information about the specialized perinatal behavioral health service provider or program to which the woman or mother was referred.

Sec. 3902.65. (A) Notwithstanding section 3901.71 of the Revised Code, a health benefit plan issued, renewed, or amended on or after the effective date of this section, may provide coverage for behavioral health screenings permitted under section 3702.41 of the Revised Code.

(B) Nothing in this section shall be construed as prohibiting a health benefit plan from imposing a cost sharing requirement in relation to the coverage provided under this section.

Sec. 5119.171. (A) As used in this section, "health care professional" and "behavioral health professional" have the same meanings as in section 3702.41 of the Revised Code.

(B) The department of behavioral health shall designate one or more specialized perinatal behavioral health programs to serve as statewide referral resources under section 3702.41 of the Revised Code. Designated programs shall demonstrate the capacity to provide or coordinate access to peer support, behavioral health care navigation, and other resources for individuals identified through screening.

(C) The department shall ensure that any program designated under this section is accessible to patients and that health care professionals, behavioral health professionals, and the following facilities are notified of how to make direct referrals to the program:

(1) Hospitals licensed under Chapter 3722. of the Revised Code that operate a maternity unit or newborn care nursery;

(2) Maternity homes licensed under Chapter 3711. of the Revised Code;

(3) Freestanding birthing centers licensed under section 3702.30 of the Revised Code.

Section 2. All items in this act are hereby appropriated as designated out of any moneys in the state treasury to the credit of the designated fund. For all operating appropriations made in this act, those in the first column are for fiscal year 2026 and those in the second column are for fiscal year 2027. The operating appropriations made in this act are in addition to any other operating appropriations made for these fiscal years.

Section 3.

PERINATAL BEHAVIORAL HEALTH

The foregoing appropriation item 336426, Perinatal Behavioral Health, shall be used to partner with specialized perinatal behavioral health access to care organizations to offer direct referrals for those who are screened for perinatal behavioral health conditions from front line providers to perinatal providers such as peer support.

Section 4. Within the limits set forth in this act, the Director of Budget and Management shall establish accounts indicating the source and amount of funds for each appropriation made in this act, and shall determine the manner in which appropriation accounts shall be maintained. Expenditures from operating appropriations contained in this act shall be accounted for as though made in, and are subject to all applicable provisions of, H.B. 96 of the 136th General Assembly.