Chiropractors sue Ohio over budget provision barring immediate contact with motorists involved in car crashes

CLEVELAND, Ohio — Several Ohio chiropractors filed a federal lawsuit against the state seeking to block a law passed as part of the 2020-2021 budget that restricts their ability to solicit clients in the immediate aftermath of a car crash or crime.

The budget state lawmakers passed in July included a provision that affects health care practitioners and referral companies that send solicitations to people involved in car crashes, or who are a victim or witness to a crime. It bars them from directly reaching out to those people in person, by phone or electronically until 30 days after the incident.

The provision, which goes into effect along with the rest of the budget on Oct. 17, says any communication must be sent through the U.S. mail, though the language isn’t clear if that was only in effect during the 30-day window.

Violation of this provision could lead to fines and license suspensions.

The budget also amended Ohio law to exclude the telephone numbers of witnesses and victims to crimes, as well as any parties to a car crash, as public records. This means the phone numbers can be redacted from reports.

Medical professionals and referral companies typically reach out to clients based on the contact information on car crash and police reports.

“As a consequence of these dissonant sections of the Biennial Budget Bill, many individuals injured in motor vehicle accidents will be unlikely to receive prompt and appropriate medical care and attention,” states the lawsuit, which was filed Aug. 30 in federal court in Cleveland.

Rules set by the Ohio State Chiropractic Board and other agencies already protect potential clients from false and deceptive advertising and that lawyers who represent such clients are not affected by the new budget, according to the lawsuit.

“It’s important for lawyers to be able to reach these people right away, like it is for medical professionals,” Paul Flowers, a Cleveland attorney who filed the suit, said. He added that it’s important for people to assess their medical needs as quickly as possible.

The lawsuit lists as plaintiffs chiropractic offices in Cleveland, Columbus and Miamisburg, as well as a referral company in Navarre. The suit asks a judge to strike down the provision, saying the rule runs afoul of the First Amendment and the Ohio Constitution as it pertains to passing bills that contain more than one subject.

Flowers said he did not think a lot of medical professionals yet know about the budget provisions or realize their implications.

Nick Strata, the executive director of the Ohio State Chiropractic Association, said the group did not take a position on the budget language and has not taken a position on the lawsuit.

Ohio Prosecuting Attorneys Association Executive Director Louis Tobin said his group supported the measure pertaining to the redaction of phone numbers from police reports. He said members complained about people working for defendants posing as others in phone calls to victims and witnesses.

A spokesman for Ohio Attorney General Dave Yost, which will defend from the lawsuit, declined to comment, citing pending litigation.

The case is assigned to U.S. District Judge Dan Polster.

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