Client Alerts, News Articles & Blog Posts

Everything you need to know about BMD and the industry.

Employees Afraid to Work and Department of Labor Temporary Rules

April 3, 2020Client Alert

Florida’s “Stay-at-Home” Order and What it Means for Businesses

April 3, 2020On April 1, 2020, in response to the State’s ongoing efforts to fight the spread of COVID-19, Governor Ron DeSantis issued Executive Order 20-91, which is State-wide “Stay-at-Home” Order. The Order goes into effect Friday, April 3, 2020 at 12:01 a.m., and expires on April 30, 2020, unless extended by subsequent order (the full text of the order is available here).Client Alert

CMS Offers New Stark Waivers and More Flexibility to Health Care Providers Due to COVID-19

April 2, 2020On March 30, 2020, the Centers for Medicare & Medicaid Services (CMS) issued several temporary regulatory waivers to further enable the American healthcare system to respond to the COVID-19 pandemic with more efficiency and flexibility. The official publication can be found here: Physicians and Other Clinicians: CMS Flexibilities to Fight COVID-19.Client Alert

#CancelRent – What’s Next for Landlords?

April 2, 2020Across the country, residential tenants, small businesses, and even national retailers such as Cheesecake Factory, Subway, and Mattress Firm have declared war on their landlords by refusing to pay rent on account of the Covid-19 pandemic (“COVID-19”). This has sent shockwaves through the real-estate industry. As of April 1st, residential tenants owe an estimated $40 Billion in rent. Estimates for the commercial sector are not far off. So far, federal, state, and local measures have focused on providing relief to residential and commercial tenants and even to some commercial landlords.Client Alert

Record Keeping Requirements to Receive FFCRA IRS Tax Credit

April 2, 2020On April 1, 2020, the IRS and Department of Labor issued temporary regulations to provide clarity regarding the documents required by employees requesting leave under the Families First Coronavirus Response Act (FFCRA) and the documentation that employers need to maintain.Client Alert

Eviction & Foreclosure During the COVID-19 Pandemic

April 2, 2020Like most areas of our society, the COVID-19 pandemic has greatly impacted the business relationships between landlords and tenants and between lenders and borrowers. In most states, non-essential retailers and other businesses have closed their doors and are doing business online, to the extent that they can. Some businesses, like The Cheesecake Factory, have announced that they would not be paying rent at any of their locations for at least a month due to the pandemic. Landlords and homeowners are concerned about being able to pay their mortgages and tenants are concerned about being able paying their rent.Client Alert

UPDATED: Impact Payment Breakdown: How Much Will I Get, When Will I Get It and What Do I Need to Do?

April 2, 2020UPDATED: The IRS announced that Social Security beneficiaries who are not typically required to file a tax return will not need to file a return to receive the economic impact payments. These payments will automatically be deposited into their bank accounts. This only applies to individuals receiving social security. Other individuals who typically do not file a tax return will still need to submit a return in order to receive the economic impact payment.Client Alert

CARES ACT EXPANDS BANKRUPTCY OPTIONS FOR INDIVIDUALS AND SMALL BUSINESSES (1)

April 2, 2020The Coronavirus Aid, Relief and Economic Security (CARES) Act provides a $2 trillion economic stimulus for US companies and citizens faced with the challenges of the COVID-19 coronavirus. The CARES Act also significantly expands existing bankruptcy options for small businesses by temporarily increasing certain debt limits set forth in the recently effective Small Business Reorganization Act of 2019 (SBRA).Client Alert

FDIC Provides Guidance on Loan Modifications & Workout Options for Borrowers Affected by COVID-19

March 30, 2020On March 22, 2020, the Federal Deposit Insurance Corp (FDIC) and other federal banking regulatory agencies, along with state banking regulators, the National Credit Union Administration Agency (NCUA), the regulator of credit unions, and the Consumer Financial Protection Bureau (CFPB) issued the Interagency Statement on Loan Modifications and Reporting by Financial Institutions Working with Customers Affected by the Coronavirus to encourage financial institutions to work constructively with borrowers impacted by the disease and to provide additional information regarding loan modifications. In summary, the policies give lenders or bankers substantially more latitude to work with affected borrowers by softening the regulatory and accounting impact of having delinquent or restructured credit.Client Alert

CARES Act Changes Rules Governing Retirement Plans

March 30, 2020Among the many other provisions of the CARES Act are those impacting retirement plans (including 401(k)s, profit sharing plans, and IRAs) in order to provide an influx of cash to struggling employees.Client Alert

State of Ohio & Cities Extend Tax Filing Deadline

March 30, 2020On March 27, Governor DeWine signed a bill passed by the legislature to provide tax relief to Ohio taxpayers.Client Alert

Paycheck Protection - Designed to Offer Small Business Owners Relief Over the Next Few Weeks

March 30, 2020The CARES Act is a massive piece of legislation. The emergency loan or Paycheck Protection provisions are one component designed to assist small businesses and keep them afloat during the current crisis. The emergency loans will be made under the United States Small Business Administration (SBA) and are simply an expansion of its already existing 7(a) loan program. The loan process will be administered by the SBA through its local lending partners or approved SBA lenders. Over the next several days it is expected that the actual loan process will be further detailed by the SBA so that loans can be quickly processed.Client Alert

Department of Labor Adds Q&A to FFCRA Guidance: Provider & Emergency Responder Leave Exceptions

March 30, 2020Employer Alert: Excluding healthcare providers and emergency responders from the mandatory paid leave provisions of the Families First Coronavirus Response Act (“FFCRA”), Emergency Family and Medical Leave Expansion Act (“EFMLEA”), and the Emergency Paid Sick Leave Act (“EPSLA”)Client Alert

FFCRA Amnesty, the CARES Act Paycheck Protection Program & the Small Business Viability Exemption Provide Options for Employers

March 30, 2020Over the past few days, employers have received options beyond terminating employees (RIFs, layoffs, furloughs, temporary terminations, etc.) in response to COVID-19 and leave concerns.Client Alert

Stimulus Package Recap - What The CARES Act Means for You, Your Employees & Your Business

March 30, 2020As BMD's Business Crisis Response Team shared in its report this weekend, the Stimulus package was passed by both the Senate and House this week. Phase III of the ‘‘Coronavirus Aid, Relief, and Economic Security Act’’ or the ‘‘CARES Act,’’ offers $2 trillion in economic relief to individuals and businesses affected by the Coronavirus epidemic. We identified the most significant areas of the bill that could impact or benefit your business.Client Alert

Governor DeWine Signs Bill Tolling Statutes of Limitations During COVID-19 Emergency Period

March 27, 2020During his March 27, 2020 press conference on Ohio’s ongoing efforts to respond to COVID-19, Governor Mike DeWine officially signed House Bill 197 into law. HB 197, which passed the Ohio House and Senate with unanimous bipartisan support, contains important provisions affecting the legal rights of litigants whose claims may be subject to the statutes of limitations enacted under the Ohio Revised Code.Client Alert

Is Insurance Available for Coronavirus Losses?

March 27, 2020The shutdown of non-essential businesses in Ohio and other states, as well as the economic impacts caused by the coronavirus, are forcing businesses to evaluate all options to keep their doors open and their staff employed. Many businesses are asking whether their insurance policies provide for the recovery of lost business income and expenses due to the coronavirus.Client Alert

Exempt Organizations: Form 990s Due May 15 Have Not Been Extended

March 27, 2020Although the IRS has automatically postponed the filing and payment deadline from April 15, 2020 until July 15, 2020 for most taxpayer returns, the IRS notice specifically does not apply to any Federal informational return.Client Alert

UPDATE: COVID-19 Considerations for the Construction Industry

March 26, 2020The implications of COVID-19 for the construction industry are significant and rapidly evolving, since Governor Mike DeWine instructed Ohioans to “stay at home” via Order (the “Order”) effective March 23, 2020.Client Alert

FFCRA Update: Implementation Date Accelerated from April 2 to April 1

March 26, 2020The Families First Coronavirus Response Act (FFCRA) was signed into law on March 18, 2020, and provides several responses to address the ongoing coronavirus pandemic, including providing for free coronavirus testing, giving a boost to funding for state unemployment compensation (subject to states waiving work search requirements and the waiting week), and leave for employees affected by coronavirus through the Emergency Family and Medical Leave Expansion Act and the Emergency Paid Sick Leave Act. The FFCRA also provides refundable tax credits for employers providing the required paid family and sick leave to employees in connection with this public health emergency.Client Alert

FFCRA & Payroll Tax Credit: How Does it Work?

March 26, 2020The Families First Coronavirus Response Act (“FFCRA”) provides for refundable payroll tax credits for employers in order to assist with the cost of providing Coronavirus-related leave to their employees. These refundable payroll tax credits are designed to reimburse small and midsize employers for the cost of providing COVID-19-related leave to their employees. This tax credit goes into effect on April 1, 2020 and will remain in effect until December 31, 2020 unless extended or modified.Client Alert

Florida HB 607 - APRNs Can Now Admit, Care, Discharge Patients without Physician Oversight

March 25, 2020On March 11, 2020, lawmakers in both chambers of the Florida legislature passed House Bill 607 — legislation which would allow advanced practice registered nurses, or APRNs, to single-handedly admit, care for, and discharge patients from medical facilities. This would effectively eliminate the need for physician oversight, a costly expense for independent nurse practitioners.Client Alert

Ohio Permitting Deferral of Health Care Premiums for Employer Plans

March 25, 2020Effective March 20, 2020 and continuing through the expiration of the state of emergency declared by Governor DeWine on March 9, 2020, the Ohio Department of Insurance is requiring all health insurance companies operating in Ohio to give their insureds the option of deferring premium payments coming due, interest free, for up to 60 calendar days from each original premium due date. See Department of Insurance Bulletin 2020-03.Client Alert

'Ask Us Anything' Employer FFCRA Update - Webinar Recording

March 25, 2020In case you missed it, BMD's March 25 COVID-19 Employer Update Webinar included the latest information on FFCRA and leave policies. Presented by Jeffrey Miller and the Employment and Labor team of BMD, we received many great questions from Employer participants. Click here to listen.Client Alert

Northern District Court of Ohio Closed to the Public Until May 1

March 24, 2020Northern District Court of Ohio Closed to the Public Until May 1, 2020.Client Alert

What Advance Notice Do I Need to Provide for a Reduction in Force or Layoff?

March 24, 2020The Worker Adjustment and Retraining Notification Act (“WARN Act”), 29 U.S.C. 210l, et seq., offers protection to workers, their families and communities by requiring covered employers to provide notice 60 days in advance of reductions in force resulting from covered plant closings and mass layoffs. This notice must be provided to either affected workers or their representatives (e.g., a labor union); to the State dislocated worker unit; and to the appropriate unit of local government.Client Alert

Attorney General Guidance on Open Meetings Act

March 23, 2020Attorney General Dave Yost provided guidance on Open Meetings in light of the Coronavirus epidemic.Client Alert

COVID-19 and Telehealth for Ohio and Florida

March 23, 2020Over the last week, private insurers as well as federal and state healthcare programs have continued to issue updates to the provision of telehealth. In order to increase availability of appointments for a wide variety of services while also keeping patients and providers safe, many payors have expanded their telehealth offerings.Client Alert

Ohio's Stay at Home Order & Florida's Executive Order

March 23, 2020See the important details of the March 22nd Stay at Home Order for all Ohioans.Client Alert

UPDATE: U.S. Treasury Secretary Announces Extended Tax Season

March 20, 2020In a move for further relief for taxpayers, U.S. Treasury Secretary, Steve Mnuchin, has announced the April 15, 2020 filing deadline has been extended.Client Alert

Ohio Court Operations and Access During the Coronavirus Crisis

March 20, 2020On March 19, 2020, Ohio Chief Justice Maureen O’Connor gave an update on the State Judicial Branch’s response to the coronavirus crisis at a press conference held by Governor Mike DeWine. As of the date of this update, individual courts within the State of Ohio have the authority to issue their own emergency procedures regarding court access, trials, hearings and filings during the coronavirus pandemic. Most municipal, county and appellate courts throughout Ohio have already issued orders changing the procedures to be followed until further notice. The Ohio Judicial Conference has an extensive list of links to these temporary local court rule changes at: http://www.ohiojudges.org/Resources/covid-19-emergency-planning.Client Alert

OSHA and COVID-19: Workplace Exposures, Citations and Recording

March 20, 2020Employer Safety & Health Recommendations, Potential Citations, and Recording Workplace ExposuresClient Alert

IRS Announces Coronavirus Relief

March 19, 2020On March 18, the IRS released Notice 2020-17, Relief for Taxpayers Affected by Ongoing Coronavirus Disease 2019 Pandemic which sets forth the scope of the relief being granted taxpayers.Client Alert

BMD COVID-19 Healthcare Provider Resource Guide

March 18, 2020Providers - for the latest information related to Medicaid/Medicare, Telehealth, HIPAA, CPT Codes, as well as Ohio and Federal Information, click here for a comprehensive resource guide to navigating during the Coronavirus pandemic.Client Alert

Economic Injury Disaster Loan Program for Small Businesses & Non-Profits in Ohio and Florida

March 18, 2020The Ohio Development Services Agency and the Florida Department of Economic Opportunity are preparing to qualify businesses in both states for the U.S. Small Business Administration's (SBA) Economic Injury Disaster Loan Program. This program provides low interest loans up to $2 million in order to help businesses overcome the temporary loss of revenue during the state of emergency.Client Alert

U.S. Treasury Secretary Announces Some Relief for Taxpayers Due to Coronavirus

March 18, 2020In an unprecedented move, U.S. Treasury Secretary, Steve Mnuchin, has announced some limited relief for taxpayers in light of the Coronavirus pandemic.Client Alert

COVID-19 and Commercial Contracts: Is it Time to Modify?

March 17, 2020The coronavirus (“COVID-19”) pandemic will likely create hardship for parties attempting to perform under many types of commercial contracts. Significantly, contracts requiring travel and/or involving the provision of goods and services are likely to be substantially impaired or impacted.Client Alert

COVID-19 & Your Construction Business - A Triage Checklist

March 17, 2020Many business operations are shutting down at an alarming pace. The coronavirus (“COVID-19”) pandemic is already impacting the construction industry and creating uncertainty for the progress of current and future projects. Small/mid-size businesses may not be in financial position to sustain prolonged economic revenue declines. Navigating the next few months will be vital in preserving existing business relationships and planning for future business when the conditions improve. BMD offers some practical advice to manage risks and take reasonable precautions during this pandemic. The following checklist is designed to help you identify prudent actions so you can successfully navigate the unknownClient Alert

Coronavirus Update for Employers - March 16, 2020

March 16, 2020The key point for Employers to remember: It will be difficult for Employers to make a wrong decision. The Coronavirus/COVID-19 is a “pandemic,”, which means that there is sustained human-to-human transmission which is not geographically contained. It also means that Employers are given leeway in their workforce decisions. “During a pandemic, employers should rely on the latest CDC and state or local public health assessments.” – EEOC Employers are expected to make their best efforts to obtain public health advice that is contemporaneous and appropriate for their location, and to make reasonable assessments of conditions in their workplace based on this information.Client Alert

IRS Issues Guidance Relating to High Deductible Health Plans and Coronavirus Testing

March 12, 2020In response to the Coronavirus/COVID-19 pandemic, the IRS has released guidance in Notice 2020-15 relating to the testing and treatment for individuals covered by a High Deductible Health Plan (HDHP).

Coronavirus Webinar Recap

March 9, 2020Client Alert

OCR, HHS Issue 2020 HIPAA and Coronavirus Bulletin

March 6, 2020The Office of Civil Rights and the U.S. Department of Health and Human Services has issued a bulletin on HIPAA Privacy and Novel Coronavirus, including important insights around sharing patient information if an outbreak of infectious disease or other emergency situation arises. Note that the protections of the Privacy Rule are not void during an emergency.Client Alert

Nation’s First Conviction Under EKRA

March 3, 2020Last month, the Department of Justice announced its first ever guilty plea under the Eliminating Kickbacks in Recovery Act of 2018 (“EKRA”).Blog Post

Employer Liability for Customer Conduct: Former PNC Bank employee receives $2.4M jury verdict

February 26, 2020Earlier this month, PNC Bank was on the wrong end of a sexual harassment jury verdict in a claim brought by a former employee. Why is this case interesting to you? Two reasons: The former employee was sexually harassed, but not by a PNC employee; and, the sexual harassment did not occur within a PNC workplace.News Article

Signet’s Anthony Manna: U.S. Deal Activity Remains Steady As China Responds To Coronavirus

February 24, 2020“When SARS came around (in February 2003), China had about 4 percent of the global supply chain,” says Manna, founder, principal and chairman at the global private investment firm. “Now they have 16 percent, and you see this massive stimulus package being put in place to combat the coronavirus problem. China has already announced that they’re going to have more stimulus packages.”News Article

Brennan, Manna & Diamond opens Stark office

February 19, 2020As published in the Canton Repository, Tuesday, February 18, 2020 Akron-based law firm wants to serve existing and future Stark County customers. Summit County-based law firm Brennan Manna & Diamond has opened an office in Jackson Township.Client Alert

Motor Carriers Beware - Lack of Written Independent Contractor Agreement Can Be Costly

February 18, 2020Given recent changes in Ohio workers’ compensation law, “motor carriers” (as defined by Ohio law), operating in Ohio should carefully review their arrangements with independent contractor drivers and promptly implement changes to ensure compliance with statutory criteria.Client Alert

Employers: Consider Important Deadlines for New H-1B Cap-Subject Foreign Worker Petitions

February 13, 2020First-time new H-1B petitions or change of status petitions by employers can be filed for the upcoming U.S. Citizenship and Immigration Services (“USCIS”) fiscal year in April 2020 as long as the individual for whom the petition is being filed is in lawful status at the time of filing, and has not engaged in any unauthorized employment since his or her last lawful admission.News Article

Jeffrey C. Miller discusses "Guns and Drugs in the Workplace" at Legal Education event Feb. 20, 2020

February 5, 2020On Thursday, February 20, 2020 at the Builder's Exchange Training Center in North Canton, Attorney Jeff Miller will be discussing guns and drugs in the workplace. Both are legal in Ohio, but what about the workplace? Jeff will discuss concealed carry and medical marijuana in the workplace, and employer options for addressing these emerging issues. In today's tight labor market, the correct policies and procedures on guns and drugs are crucial.News Article

BMD Strengthens Presence with New Office in Canton, Ohio

February 4, 2020CANTON, OHIO - Brennan Manna Diamond, LLC, a full-service law firm based in Akron, Ohio and with more than 70 attorneys, is expanding to Stark County. We are pleased to announce that we have opened a new office in Canton, Ohio. The new office is located at: 4518 Fulton Road, Suite 202, Canton, OH 44718.Blog Post

Robert Hager Speaking at the Ohio Contractors Association's Annual Conference - Jan. 29 - Feb. 5, 2020

February 3, 2020Attorney Robert Hager will be speaking at the Ohio Contractors Association's Annual Conference in Maui, Hawaii sharing a simple practical approach to build your business' legacy and leading an interactive session about best practices for collaboration, risk management, and claims avoidance.Client Alert

CLIENT ALERT UPDATE: AHCA License Alert

January 31, 2020IMPORTANT UPDATE: AHCA updated its website to clarify that all Behavior Analysis (“BA”) Groups have either (1) a health care clinic license or (2) an exemption from licensure as a health care clinic under Fla. Stat. 400.9905(4)(g) by December 1, 2020. Florida Medicaid has also updated Section 9.5, Appendix E of the Florida Medicaid Enrollment Policy, which confirms the December 1, 2020 date. This date extends the previously published date from July 1, 2020 to December 1, 2020.News Article

FTC Supports Retiring the Ohio APRN Collaborative Agreement

January 14, 2020As an industry leading advocate and general counsel for the Ohio Association of Advanced Practice Nurses, Brennan, Manna & Diamond attorney, Jeana M. Singleton, has been integral in efforts to bring an outdated regulatory structure into the 21st century by modernizing the law and expanding access to care.Client Alert

Client Alert: AHCA License Alert: What Every Behavior Analysis Provider Should Know!

January 9, 2020By July 1, 2020 the Florida Agency for Health Care Administration (“AHCA”) will require that all Behavior Analysis (“BA”) Groups have either (1) a health care clinic license or (2) an exemption from licensure as a health care clinic under Fla. Stat. 400.9905(4)(g).News Article

BMD Congratulates 2020 Ohio Super Lawyers and Ohio Rising Stars

November 27, 2019BRENNAN, MANNA & DIAMOND is proud to announce RICHARD W. BURKE (Estate Planning and Probate),HAMILTON DeSAUSSURE, JR. (Business Litigation), ROBERT A. HAGER (Construction Litigation), DAVID J. HRINA (Business/Corporate), MICHAEL A. STEEL (Bankruptcy, Business) and RICHARD L. WILLIGER (Workers’ Compensation) have been selected as 2020 Ohio Super Lawyers by Law and Politics magazine, Northern Ohio Live magazine, and Cincinnati Magazine in their respective area of practice. BMD’s 2020 Rising Stars include: JUSTIN M. ALABURDA (Business Litigation), KYLE A. JOHNSON (Business Litigation), ALEX J. McCALLION (Business Litigation), CHRISTOPHER J. MEAGER (State/Local/Muni Law), BRANDON T. PAULEY (Business/Corporate) and DANIEL J. RUDARY (Business Litigation)Client Alert

CLIENT ALERT: CMS Unveils New Price Transparency Rules

November 22, 2019On November 15th, the Trump administration put forth two long-anticipated rules that increase price transparency for both hospitals and insurers. These rules are a step toward price transparency across the health care industry and are in furtherance of the Trump administration’s goal of empowering healthcare consumers. The finalized rule and the proposed rule strive to make pricing information more available to healthcare consumers so they can make informed health care decisions. Through price transparency, consumers should expect to see a reduction in healthcare costs in the future. In order to provide hospitals enough time for compliance with the new requirements, the effective date of the finalized rule is January 1, 2021. The comment period for the proposed rule is open until January 14, 2020.News Article

Ohio's "One Bite" Program Changes

November 19, 2019The Ohio Medical Board has for some years had a “One Bite” program where a physician with a substance problem could undergo treatment. The treatment was private and not disclosed to the Medical Board. If the problem was later disclosed, the physician obtaining treatment would avoid sanctions from the Medical Board.Blog Post

Congratulations to Duriya Dhinojwala and Michael Steel

November 14, 2019Attorneys Duriya Dhinojwala and Michael Steel recognized at Pro Bono Attorney's of the Year this evening at the 67th Annual Community Legal Aid Anniversary Celebration.News Article

Jury Awards Care Center $225,000

November 6, 2019Congratulations to Scott Sandrock on the jury verdict in favor of our client. The verdict stems from the lawsuit filed on behalf of our client against Spectrum Cable for fraud in connection with business services. The jury awarded Plaintiff $22,000 for compensatory damages, plus $225,000 in punitive damages and recovery of attorney fees in favor of our client.Client Alert

CLIENT ALERT: IRS Announces 401(k) and HSA Contribution Limits for 2020

November 6, 2019With 2020 just around the corner, the IRS announced important information for the upcoming year for both 401(k) Contributions and Health Saving Accounts (HSAs).News Article

BMD Beefs Up its Attorney Force with 7 New Hires

November 6, 2019Founded in 2000 by three entrepreneurial and business-minded attorneys to provide a legal platform for companies and entrepreneurs in a wide variety of industries, Brennan Manna Diamond (BMD) has been in growth mode ever since. The firm, which began in Akron with just seven attorneys, now has three Ohio and two Florida offices as well as an international location in Shanghai, China through a joint venture with the law firm Jade & Fountain. BMD recently added seven more lawyers, six who are located in the Akron office.News Article

Akron Devil Strip Becomes First US News Co-op

November 3, 2019Starting Nov. 1, Akronites can become part owners of The Akron Devil Strip. With the legal guidance of BMD's legal team, Matthew A. Heinle, Esq. and Michael D. De Matteis, Esq., the arts and culture magazine is breaking ground as the first news co-op in the United States.Client Alert

CLIENT ALERT: U.S. Department of Labor, Wage and Hour Division Sets Enforcement Record

October 30, 2019In advance of Halloween, the U.S. Department of Labor announced the results of its Wage and Hour Division's (WHD) recovery efforts for Fiscal Year 2019, and it reads like a horror story. The good news to lull you into a feeling of safety was that the 18,844 Complaints Registered was the fewest amount over the past 22 years or published records.News Article

Community Legal Aid honoring BMD Attorneys Duriya Dhinojwala and Michael Steel "Pro Bono Attorneys of the Year"

October 18, 2019Community Legal Aid honoring BMD Attorneys Duriya Dhinojwala and Michael Steel "Pro Bono Attorneys of the Year"Client Alert

CLIENT ALERT: Will Ohio Recognize a Biddle Claim in a Post-HIPAA World?

October 17, 2019OHIO SUPREME COURT WILL HEAR CASE INVOLVING CLASS ACTION FOR ALLEGED HIPAA VIOLATIONS: Will Ohio Recognize a Biddle Claim in a Post-HIPAA World?Client Alert

CLIENT ALERT: Proposed New Rules to both the Stark Law and the Anti-Kickback Statute

October 14, 2019On October 9, 2019, as part of the “Regulatory Sprint to Coordinate Care,” the Centers for Medicare and Medicaid Services (“CMS”), along with the US Department of Health and Human Services, Office of Inspector General (“OIG”), proposed new rules to both the physician self-referral law (“Stark Law”) and the Anti-Kickback Statute (“AKS”). Rule changes are aimed at fostering innovative arrangements for coordinating care consistent with a shift to a value-based system. Both proposed rules are expected to be published to the Federal Register on October 17, 2019. Public comments are due 75 days after publication.News Article

Brennan Manna Diamond Welcomes Seven New Attorneys

September 29, 2019Brennan Manna Diamond (BMD) is pleased to welcome the following attorneys: in our Akron office, Blake R. Gerney, David J. Hrina, Matthew R. Duncan, Hamilton DeSaussure, Jr., Stephen E. Matasich and Paul C. Filon; and in our Cleveland office, Russell T. Rendall.Client Alert

CLIENT ALERT: New Overtime Rule Raises Minimum Salary Requirements and Other Changes to the Fair Labor Standards Act

September 24, 2019Today, the U.S. Department of Labor (DOL) issued its Final Rule updating the regulations under the Fair Labor Standard Act: Effective January 1, 2020, employees who make less than $35,568 are now eligible for overtime pay under a final rule issued by the U.S. Department of Labor (“DOL”). The DOL expects 1.3 million workers to become newly eligible for overtime by updating the thresholds. The new rule will raise the salary threshold to $684 per week ($35,568 annualized) from $455 per week. This means that even if your employee qualifies under one of the overtime exemptions, if the employee is not earning at least $684/week, the employee will be eligible for overtime and minimum wage requirements.Blog Post

Akron is among cities where GenXers are best off

September 12, 2019Akron is among cities where GenXers are best offNews Article

Rik Williger Named 2020 "Lawyer of the Year"

August 15, 2019Rik Williger named "Lawyer of the Year" 2020News Article

Luke Palmer named to Leadership Columbus Class of 2020

August 8, 2019Lucas Palmer named to the Leadership Columbus Class of 2020Blog Post

It's Always Risk Management Season in the Construction Industry

July 31, 2019For the second time in just nine months, the Ohio Supreme Court issued a major decision affecting project-related risk and exposure for members of Ohio’s construction industry.Blog Post

Blockchain in Healthcare

July 25, 2019Martin Pangrace and Jeana Singleton presented at the Inaugural Midwest Telehealth Resource Center Annual Conference held July 23-24, 2019 in South Bend, Indiana.Client Alert

CLIENT ALERT: BWC issuing $1.5 billion in premium refunds to Ohio employers

July 9, 2019The Ohio Bureau of Workers’ Compensation (BWC) has now reported that the Board of Directors approved a proposal to send $1.5 billion of the agency’s revenues to Ohio employers covered by the BWC system.News Article

BMD Attorney Michael Steel selected for Leadership Akron Signature Class 36

July 9, 2019Leadership Akron has selected a class of 40 leaders for its 2019/2020 Signature Program which includes BMD Attorney, Michael Steel. The class reflects a diverse representation of participants from Greater Akron’s business, government, and nonprofit sectors.Blog Post

Amanda L. Waesch recognized by NSCHBC at 2019 Annual Meeting

June 19, 2019At this year's National Society of Certified Healthcare Business Consultant's Annual Meeting held St. Louis, Missouri, Amanda L. Waesch was awarded the Lenny Schwartz Go-Getter Award.Blog Post

Amanda L. Waesch 2019 Recipient of the ATHENA Akron Award

June 19, 2019Amanda L. Waesch received the ATHENA Akron award recognizing women leaders new to their positClient Alert

CLIENT ALERT: Medicare Providers having multiple locations should verify and revalidate their address information to avoid claim denials

June 4, 2019MLN Matters SE19007 “Activation of Systematic Validation Edits for OPPS Providers with Multiple Service Locations” notifies providers that Medicare is now requiring the exact match of all addresses for practice locations that are listed on provider claim submissions to Medicare.Blog Post

Planning for Vacation, Planning for Health

May 22, 2019When thinking about the joint replacement space, it seems logical that such an event deserves at least the same amount of preparation (if not more) as a summer vacation, particularly since it will probably be more expensive and more life changing than the typical summer vacation.News Article

BMD welcomes Chelsea Niggel to Akron office

May 20, 2019BMD is proud to announce that attorney Chelsea M. Niggel has joined the firm as associate in the firm's Akron office focusing her practice on healthcare, business and corporate matters and intellectual property.Blog Post

BMD Sponsors Ruhlin Clays Classic Benefiting the Cleveland Clinic Akron General Foundation

May 15, 2019BMD was a proud sponsor of this year's 4th Annual Rhulin Clays Classic.Client Alert

CLIENT ALERT: Capitalizing on New Opportunity Zone Incentives to Spur Economic Development

May 13, 2019CLIENT ALERT: New Opportunity Zone Incentives Promise to Spur Economic DevelopmentNews Article

Journey of an International Attorney in Columbus

April 22, 2019Journey of an International Attorney in Columbusar

Giving Peace of Mind: BMD co-hosts free legal clinic with Legal Aid

April 19, 2019BMD co-hosts free Community Law Clinic with Legal AidClient Alert

CLIENT ALERT: HB 159 - Regulatory Indemnity Provisions in Public Works Design Contracts

April 12, 2019Representative Louis W. Blessing III (R-Colerain Township) recently introduced HB 159 to regulate the use of indemnity provisions in professional design contracts related to public improvements. The purpose of the proposed legislation is to prohibit public agencies from requiring design professionals to indemnify them from claims which are not attributable to negligent or other wrongful conduct on the part of the design professional.News Article

Brandon Pauley Represents Residents in Proposed Mixed Use Development Zoning Matter in Columbus

April 1, 2019A group of neighbors has organized in opposition to a proposed mixed-use development in Schumacher Place. Brandon Pauley represents the residents.News Article

Eviction? Foreclosure? Akronites Seek Legal Help at Free Clinic

March 25, 2019Housing issues dominated a legal clinic over the weekend in Akron's Middlebury neighborhood, with people seeking free help on how to handle everything from foreclosures to evictions. The clinic was organized by Community Legal Aid and included more than a dozen attorneys who volunteered their time to work with close to 70 people, mostly from Summit County.News Article

Akron law firm, Legal Aid co-hosting free legal clinic

March 25, 2019For the second year in a row, Brennan, Manna and Diamond LLC is partnering with Community Legal Aid to become a law firm on wheels for low-income Summit County residents.News Article

The Massive Medicare Appeals Backlog is Significantly Harming Providers, What You Can Do To Stop It

March 20, 2019Few occurrences in healthcare billing and coding will bring instant anxiety as receiving an overpayment demand from one of CMS’ contractors. We all know that we are lucky if we make it through the first two levels of appeal (Redetermination-Level 1 and Reconsideration-Level 2) with 100% success on all claims, even if every claim was billed correctly.News Article

BMD and Community Legal Aid 2nd Annual Free Neighborhood Law Clinic - March 23, 2019

March 18, 2019The law firm, Brennan, Manna and Diamond LLC (“BMD”), is again teaming up with Community Legal Aid to host a free legal clinic.News Article

Medical Records Update

February 27, 2019In order to help standardize forms to authorize the release of medical records, the Ohio Legislature directed the Ohio Medicaid Department to develop a standardized form to be used by healthcare providers which would authorize the release of medical information in compliance with provisions of HIPAA, state law and the substance abuse and other disorder regulations. Ohio Medicaid has issued a standardized form which use will be effective February 1, 2019.new

Unprecedented Medicare Reversal Victory for BMD's Health Law Department

February 25, 2019BMD's RAC Team, lead by attorney, Amanda L. Waesch, reversed a $3.6 million over-payment at Level 1.News Article

BMD Congratulates Tony Manna and Signet Capital Advisors - 2018 ACG Deal of the Year

February 1, 2019BMD Congratulates Tony Manna and Signet Capital Advisors - 2018 ACG Deal of the YearNews Article

BMD Making a Real Impact through the Bridges Program

January 17, 2019When the State of Ohio announced the Bridges Program in early 2018, it was an opportunity for real change - it was a commitment to change the narrative for young adults in the foster care system. The program is designed to help young adults aging out of the foster care system prepare for adulthood. BMD has been at the forefront of this initiative providing legal support for the program.

BMD Making a Real Impact for Young Adults through the State of Ohio Bridges Program

January 17, 2019When the State of Ohio announced the Bridges Program in early 2018, it was an opportunity for real change - it was a commitment to change the narrative for our young adults in the foster care system. The program is designed to help young adults aging out of the foster care system prepare for adulthood. BMD has been at the forefront of this initiative providing legal support for the program.News Article

BMD 2019 OHIO SUPER LAWYERS AND OHIO RISING STARS

December 17, 2018BRENNAN, MANNA & DIAMOND is proud to announce RICHARD W. BURKE (Estate Planning and Probate), ROBERT A. HAGER (Construction Litigation), MICHAEL A. STEEL (Bankruptcy, Business) and RICHARD L. WILLIGER (Workers’ Compensation, Employment & Labor) have been selected as 2019 Ohio Super Lawyers by Law and Politics magazine, Northern Ohio Live magazine, and Cincinnati Magazine in their respective area of practice. BMD’s 2019 Rising Stars include: JUSTIN M. ALABURDA (Business Litigation), VICTORIA L. FERRISE (Government Relations), ALEX J. McCALLION (Business Litigation), BRANDON T. PAULEY (Business/Corporate) and DANIEL J. RUDARY (Business Litigation)News Article

Family and Friends Remember Brennan Manna Diamond co-Founder

December 12, 2018At 6 fee 6 inches and wearing a white cowboy hat, Brennan Manna Diamond co-founder David L. Brennan was known for rescuing failing businesses and blighted areas and initiating and shepherding Ohio's school choice movement.Client Alert

CLIENT ALERT: Construction Law Update: Communication is Key! And Other Lessons Learned From A Recent Public Project Court Decision

December 6, 2018In a recent decision, the Ohio Court of Claims entered a $2.2 million judgment in favor of the general trades contractor, and against a public university, in connection with an on-campus renovation project. Mid American Construction, LLC v. Univ. of Akron, Ct. of Cl. No. 2016-00685JD, 2018-Ohio-4513.Client Alert

CLIENT ALERT: Ohio Incentivizes Cybersecurity Measures

November 15, 2018On November 2, 2018, Ohio’s Data Protection Act (“DPA”) went into effect. The DPA incentivizes Ohio businesses to proactively address cybersecurity and data protection by providing an affirmative defense/safe harbor for claims related to data breach. However, the safe harbor is only applicable if the organization can prove “reasonable compliance” to the DPA.Blog Post

Employment Based First Preference (EB1)

October 30, 2018BMD has a team of experienced immigration attorneys with a collective knowledge of over fifty years to assist and guide U.S. banks, companies, individuals, universities, colleges, hospitals and institutions obtain the appropriate work visa or employment based permanent residency.Client Alert

CLIENT ALERT: Update on Discrimination

October 23, 2018The “#metoo” presence and the recent Kavanaugh confirmation hearings have brought sexual discrimination issues to the forefront of the American mind. Always an incendiary and confusing topic, it also includes various permutations of issues involving sex, sex stereotyping, sexual orientation, and transgender situations.Client Alert

CLIENT ALERT: Ohio Supreme Court Rules that a Subcontractor's Construction Defects are Not a Covered "Occurrence" Under a CGL Policy

October 10, 2018Although a growing number of states have held that CGL policies provide coverage for damages caused by the defective work of subcontractors, the Ohio Supreme Court has refused to join the national trend. In Ohio N. Univ. v. Charles Constr. Servs., Inc., 2018-Ohio-4057, the Ohio Supreme Court recently ruled that a subcontractor’s faulty workmanship is not a covered “occurrence” under a typical CGL policy.News Article

Amanda Waesch Weighs in on Leasing v. Buying Medical Office Space

August 24, 2018Amanda Waesch weighs in on leasing v. buying medical office spaceClient Alert

CLIENT ALERT: Taxpayer Passport Application will be Denied Due to Unpaid Taxes

July 23, 2018In late 2015, Congress passed The Fixing America’s Surface Transportation Act (FAST) into law. This law allows the IRS and State Department to refuse to issue a Passport if the taxpayer has a seriously delinquent tax debt. The law also permits the IRS and State Department to revoke a taxpayer’s Passport for these same delinquent tax debts. To be considered a seriously delinquent tax debt, the tax debt must total more than $51,000.News Article

BMD's 2018 Florida Rising Stars

June 27, 2018BRENNAN, MANNA & DIAMOND is proud to announce MATTHEW T. JACKSON and JOSHUA R. La BOUEF, have been selected as 2018 Florida Rising Stars for Business Litigation.Client Alert

CLIENT ALERT: New Opportunity Zone Incentives Promise to Spur Economic Development

June 14, 2018Created as part of the recently passed Tax Cuts and Jobs Act, “Opportunity Zones” are designed to encourage long-term investments in underserved communities. By offering tax benefits to private investors who choose to invest their capital at the nexus of need and opportunity, the program supports a broad array of investments and offers opportunity for creative problem-solving strategies to address community needs. The program offers investors tiered tax benefits depending on the term of the investment, including a temporary deferral and partial reduction of unrealized capital gains, as well as the potential to exclude all future appreciation on the investment. The program is designed to tap into the estimated $6T+ of unrealized capital gains held by U.S. individuals and companies by incentivizing investors to re-invest that capital in low-income communities to spur economic development and job creation.News Article

How bringing baseball to Akron launched a career of dealmaking

June 11, 2018Baseball changed Tony Manna’s life. More specifically, bringing minor league baseball — and a new stadium — to Akron. “When I completed that deal, I remember a guy told me, ‘Your whole life is going to change because of this deal and the notoriety that comes with it,’” recalls the CEO of real estate developer Signet LLC. “He was absolutely right about that.” In this week’s Master Dealmaker, Tony shares his approach to dealmaking, the team he’s built and how pillow talk can play in the success or failure of a business deal.Client Alert

CLIENT ALERT: Medicare Trust Fund to Run Out of Funding Beginning in 2026, Likely to See an Increase in Audits, Overpayment Demands and Extrapolations

June 6, 2018Pursuant to a Medicare Trustee Report released on June 5, 2018, the Medicare trust fund will run out of funding beginning in 2026, which is three years earlier than previously expected. Although the Trustee’s report requests that Congress and the President act with urgency to remedy this problem, in the short term, we expect to see an increase in government payer audits, overpayment demands, and extrapolations.Client Alert

CLIENT ALERT: The European Union's New Data Privacy Law Goes Into Effect

June 5, 2018On May 25, 2018, the European Union’s (“the EU”) new data privacy law went into effect. The General Data Protection Regulation (“GDPR”) concerns the processing of personal data that can be searched according to specified criteria such as geographical scope.Client Alert

CLIENT ALERT: Class Action Waivers in Employment Contracts Upheld by Supreme Court

May 24, 2018On May 21, 2018, in a 5-4 decision and a major win for employers, the United States Supreme Court upheld the legality of waivers in employment contracts that prohibit employees from grouping claims together in collective or class actions in favor of individual arbitration proceedings. See Epic Sys. Corp. v. Lewis, ___U.S.___ (2018).Client Alert

CLIENT ALERT: Prohibition on Recoupment Prior to Exhaustion of Administrative Remedies

May 18, 2018In April, the Fifth Circuit Court of Appeals, in Family Rehabilitation, Inc. v. Azar No. 17-11337 (5th Cir. 2018), held that district courts are authorized to enjoin the Centers of Medicare & Medicaid Services (“CMS”) and its contractors from recouping alleged overpayments prior to the completion of the administrative appeal process.Client Alert

CLIENT ALERT: Low Volume Appeals Settlement for RAC Appeals

May 4, 2018In April, the Centers for Medicare & Medicaid Services (“CMS”) issued a new settlement proposal to providers with outstanding appeals at the Office of Medicare Hearings and Appeals (“OMHA”) and the Medicare Appeals Council (“MAC”). Essentially, CMS is offering to pay up to 62% of the claim to the provider for qualifying claims that are currently in the appeal process. Interested providers may submit an Expression of Interest (“EOI”) to CMS by June 8, 2018. Providers should explore this settlement opportunity and submit an EOI to receive an offer of settlement. Providers may decline the offer after the EOI is submitted. Brennan, Manna & Diamond, LLC’s Provider Relations, Audit, and Appeals Unit, a division of its Healthcare Department, is able to assist providers with filing the EOI, analyzing the outstanding claims subject to the settlement, and reviewing the Administrative Agreement that is offered by CMS.Client Alert

CLIENT ALERT: Ohio Managed Care Organization (MCO) Open Enrollment

May 1, 2018Open Enrollment started April 30, and will continue through May 25, 2018, for your MCO (Managed Care Organization). Every State Fund Ohio employer can select their MCO for the coming policy year. The MCO is responsible for helping to manage Ohio Workers’ Compensation claim costs. All State Fund employers will begin to receive correspondence urging them to select that particular MCO, or urging them not to make a switch.

BMD Partnering with Community Legal Aid to Help Low Income Akron Residents

April 20, 2018Legal Aid, a nonprofit law firm, is teaming up with Brennan, Manna & Diamond, LLC (“BMD”), to take legal help into the community. The demand for Legal Aid services continues to grow and the need for quality legal counsel is great. BMD understands and appreciates the challenges faced by Legal Aid and proudly stands ready to help meet the needs of those in the community.Client Alert

Medical Marijuana Rules and You

April 4, 2018The Ohio Medical Board has adopted regulations in conjunction with the Ohio Pharmacy Board that would govern physicians who may elect to participate under the Ohio Medical Marijuana statutes.News Article

Social Enterprises Show Us that Business with a Purpose is Possible

March 7, 2018On Feb. 17, the Young Lawyers Section of The Jacksonville Bar Association held its Ninth Annual Young Lawyers Section Chili Cook-Off at the Riverside Arts Market, which benefited Rethreaded, a local nonprofit.News Article

BMD's Daphne Kackloudis Drafting Legislation Seeking Additional Funding for Children Born Addicted to Opioids

March 5, 2018BMD's Daphne Kackloudis has been working with her client, Brigid's Path, to help them gain access to additional federal funds for their mission. She has drafted legislation which would do just that. The CRIB Act would amend the Social Security Act to allow Medicaid reimbursement for residential pediatric recovery centers such as Brigid's Path. Congressman Turner is going to ask Sen. Portman to amend his opioid bill (CARA 2.0) to include the CRIB Act.Blog Post

NLRB Reverses its Reversal of 2015 Browning-Ferris Joint Employer Decision

February 28, 2018NLRB Reverses its Reversal of 2015 Browning-Ferris Joint Employer DecisionBlog Post

Scott Sandrock Awarded the Outstanding Eagle Scout Award

February 8, 2018BMD is proud to recognize its member Scott P. Sandrock being awarded the Outstanding Eagle Scout Award by the Boy Scouts of America. This award recognizes Eagle Scouts who have later achieved distinction in their professional careers and leadership through community service. A limited number of these awards are presented annually. The Award was presented at the Annual Eagle Scout Recognition Dinner in January.Client Alert

BMD Obtains Dismissal of ADA Title III Suit Against National Outlet Mall Chain

February 6, 2018On January 12, 2018, Brennan, Manna & Diamond obtained the dismissal of an Americans with Disabilities Act (“ADA”) lawsuit filed against Tanger Factory Outlet Centers, Inc. in the U.S. District Court for the Western District of Michigan. The suit, which was brought under Title III of the ADA, alleged that Tanger’s Byron Center, Michigan outlet mall contained barriers to access in violation of the ADA’s accessibility requirements. The plaintiff demanded prospective injunctive relief, including a retrofit of the entire mall, as well as expert witness and attorneys’ fees.Blog Post

Highlights from the BMD Healthcare Leadership Summit Held in Orlando, FL, January 11, 2018 - January 13, 2018

January 31, 2018BMD's 2nd Annual Healthcare Leadership Innovation Summit theme focused on entrepreneurism in healthcare as we sought to reach various specialties and stakeholders within the healthcare industry. There were 3 days of insightful programming and exclusive networkingBlog Post

Ohio’s Statute of Repose: Is it Really a Bar to All Construction Claims?

January 22, 2018In response to the increase in common-law claims against architects and contractors brought by third parties who lacked “privity of contract”, many states enacted a construction statute of repose. A statute of repose is intended to forever bar claims for certain injuries or damages after a set period of time following substantial completion. Subject to certain exceptions, the primary distinction between a statute of repose and statute of limitations is that a statute of repose begins to run regardless of whether one is aware of a defect.News Article

BMD Seeking Recovery for Opioid Losses on behalf of Summit County and its Political Subdivisions

December 21, 2017As the opioid epidemic continues to take its toll on our community, its resources and straining the already tight budgets, Brennan Manna & Diamond, on behalf of Summit County and its political subdivisions, filed a complaint against those companies that make or distribute prescription opioids seeking recovery of the County's losses as a result of the opioid crisis.Client Alert

CLIENT ALERT: Bureau of Workers' Compensation Budget Amends Law

December 20, 2017Bureau of Workers' Compensation Budget Amends Law As we head into 2018, you should be aware of some recent changes made in Ohio’s laws concerning Workers’ Compensation. These changes became effective September 29, 2017. Some will affect business more than others, but these are changes you should really know about.Client Alert

Client Alert: NLRB Reverses 2015 Browning-Ferris Joint Employer Decision

December 15, 2017The NLRB issued a 3-2 decision reversing the Board’s standard for joint employment in collective bargaining that it issued in the 2015 Browning-Ferris decision. That controversial decision by the liberal leaning Board overturned years of precedent and significantly expanded the definition of joint employment. The decision spurred legislation (H.R. 3441, the Save Local Business Act) to overturn the expansive definition, and replace it with a far more narrow and proper definition of joint employment.News Article

BMD 2018 OHIO SUPER LAWYERS AND OHIO RISING STARS

December 15, 2017BMD 2018 Super Lawyers and Ohio Rising StarsClient Alert

Ohio Court of Appeals Upholds Sanctions for Attorney’s Frivolous Conduct

November 7, 2017On August 28, 2017, the Ohio Court of Appeals for the Eleventh District upheld a trial court’s order imposing frivolous conduct sanctions in the amount of $22,926.72 on a plaintiff’s attorney and his law firm in the case of Keith-Harper v. Lake Hosp. Sys., Inc., --- N.E.3d ----, 2017-Ohio-7361 (11th Dist. Lake).News Article

BMD an Early Adopter of the City of Columbus' "Pay Equity Pledge"

November 2, 2017BMD an Early Adopter of the City of Columbus "Pay Equity Pledge"News Article

Supreme Court Upholds "Apology" Statute Protection

October 24, 2017Supreme Court Upholds "Apology" Statute ProtectionClient Alert

The Impact of the 2008 ADA Amendments on the Definition of "Substantial Limitation" Under the Ohio Civil Rights Act

October 19, 2017The Impact of the 2008 ADA Amendments on the Definition of “Substantially Limitation” Under the Ohio Civil Rights Act

Daphne Kackloudis Helps Celebrating Opening of Newborn Facility Center in Dayton, Ohio

October 6, 2017

Daphne Kackloudis Weighs in on Ohio's Issue 2

October 6, 2017Ohio's Issue 2 is on the ballot.News Article

The Truth about ZPICs - Why Oversight is Needed

August 29, 2017News Article

6 Reasons Akron, Ohio Should Be On Your Radar

August 25, 20176 Reasons Akron, Ohio Should Be On Your RadarNews Article

According to Research Some of the Smartest People Reside in Akron, Ohio

August 25, 2017Smartest People Reside in Akron, OhioBlog Post

Martin Pangrace and Catherine McCain Presenting at AIA Contract Document Workshop - September 26, 2017

August 25, 2017News Article

Daphne Saneholtz Discusses ACA Repeal and Effects on Ohioans

August 1, 2017The latest roadblock in efforts to dismantle the Affordable Care Act has many Ohioans living with HIV and AIDS relieved, but still concerned about what's next.Client Alert

EFFECTIVE July 24, 2017: USCIS to Resume H-1B Premium Processing for Certain Cap-Exempt Petitions

July 31, 2017real estate,Blog Post

BMD's Christopher Walker Helps Connect Veterans with Housing Options

July 12, 2017Christopher Walker, a partner with BMD, is currently representing the Invest in America's Veterans Foundation, an organization that strives to provide a "head start" for veterans that involves the least amount of "red tape" possible.Blog Post

Robert A. Hager Awarded the John Carroll University 2017 Alumni Medal

May 23, 2017Robert A. Hager awarded the John Carroll University 2017 Alumni MedalClient Alert

EFFECTIVE April 3, 2017: USCIS Will Temporarily Suspend Premium Processing for All H-1B Petitions

March 1, 2017Starting April 3, 2017, USCIS will temporarily suspend premium processing for all H-1B petitions. This suspension may last up to 6 months. While H-1B premium processing is suspended, petitioners will not be able to file Form I-907, Request for Premium Processing Service for a Form I-129, Petition for a Nonimmigrant Worker which requests the H-1B nonimmigrant classification.Blog Post

Ohio Court of Claims Explains Surety’s Obligations After Contractor Default

January 1, 2017A surety thinking of funding its bankrupt principal for the purpose of completing a project should take notice of the recent decision in Jutte Elec., Ltd v. Ohio Facilitates Constr. Comm.News Article

New Akron Legislation Aims to Increase Income Tax Revenue Through Construction Contractor Registrations

December 12, 2016The City of Akron recently passed three new pieces of legislation aimed at boosting city coffers by requiring contractors to take additional steps prior to performing work in the city.News Article

BMD Recognized for Health Law Practice

November 8, 2016“Ever since its founding in 2000, attorneys at Brennan, Manna & Diamond have focused on offering a full range of services to all the firm’s clients, including developing industry-specific practice areas like healthcare,” said Matt Heinle, co-managing partner at the firm.Client Alert

President Trump’s Effect on the Workplace

October 5, 2016When President-elect Trump takes office, what can employers expect? What will be the effect of his presidency on the workplace and workforce? The probabilities and possibilities range from minor to major changes, with both short and long-term effects.News Article

Defining Concierge and Boutique Medicine

September 21, 2016Amanda L. Waesch, Partner at Brennan, Manna & Diamond, LLC, Akron, Ohio, shared with the Stark County Medical Society Membership alternative physician practice structures, pros and cons of each structure, and the differences between Institutional Providers and Concierge Medicine.News Article

How artificial intelligence relates to the legal profession

September 14, 2016Legal research has changed. An attorney who started his career dredging through books can now instantly consult vast databases, saving countless man hours. Soon, however, it may need not involve the man at all.Client Alert

NLRB Ruling re: Private University Labor Update

August 23, 2016Graduate students employed by private universities are permitted to unionize under federal law.Client Alert

Urine Drug Testing Best Practices

August 18, 2016The purpose of this suggested compliance plan is to provide guidance and best practices for prescribers of opiates and benzodiazepines. Compliance with OARRS is required. In addition, urine drug testing (UDT) among pain management physicians, OBGYNs, psychiatrists, and orthopedics is a useful tool that can not only assist in diagnostic and therapeutic decision making, but can also be used as a personal risk reduction tool for those physicians prescribing pain medications.Blog Post

Duty to Preserve ESI: The Stakes Just Got Higher

August 10, 2016A recent federal court decision highlights the potentially severe consequences for companies that do not take the proper steps to preserve electronically stored information (“ESI”) in anticipation of or in connection with litigation.Blog Post

Affordable Care Act Nondiscrimination Final Rule

May 16, 2016On May 13, 2016, the U.S. Department of Health and Human Services (“HHS”) issued a final rule implementing Section 1557 of the Affordable Care Act (“Section 1557”) protecting individuals from discrimination in health care on the basis of race, color, national origin, age, disability, and sex, including discrimination based on pregnancy, gender identity, and sex stereotyping (the “Rule”).Blog Post

It Is Time To Update Your Compliance Plans

May 10, 2016In 1997, the Office of the Inspector General (“OIG”) began to actively promote that health care providers adopt written compliance plans to assist providers to follow government rules and regulations regarding health care.News Article

Ohio Supreme Court Liquidated Damages Analysis: Hindsight is not 2020!

February 25, 2016In a case decided on February 24, 2016, the Ohio Supreme Court construed the enforceability of a liquidated damages provision in a public works construction contract. The Court held that when evaluating the enforceability of a liquidated damages provision in a construction contract, the court must conduct its analysis prospectively, based on the per diem amount of the liquidated damages at the time the contract is executed, and not retrospectively, based on the total amount of liquidated damages that ultimately accrue.News Article

Holy Toledo! Claims Waived Under Article 8

February 4, 2016In a February 2, 2016 decision, the Tenth District Court of Appeals in Franklin County affirmed the Court of Claims and upheld the decision to deny an electrical contractor’s claims against the University of Toledo because they were not timely asserted.Blog Post

HIPAA Compliance Update

January 20, 2016HIPAA compliance has been a part of the regulatory landscape of healthcare since the privacy rules became effective in 2003. Since that time, most providers have taken steps to develop their compliance plans, including distributing notices of privacy practices, obtaining authorizations for release of information as needed, and obtaining business associate agreements from third parties.Blog Post

Bar Bulletin: Young lawyers, it’s never too early to start building your future

October 6, 2015Regardless of whether you are just out of law school or an attorney who has been practicing for five years, you can start taking steps toward building your future as a well-rounded lawyer.

Changes to Physician Assistant Requirements Under SB 110

September 24, 2015On July 16, 2015 Governor Kasich signed Senate Bill 110 into law, which will become effective October 15, 2015. This bill seeks to modernize physician assistant practices.Client Alert

U.S. Supreme Court Reed Decision: Direct Impacts on Local Sign Regulation

September 15, 2015Speaking at today’s Northeast Ohio Law Directors Association monthly meeting, Robert A. Hager, member of the firm Brennan, Manna & Diamond in Akron, will be participating on a panel of experts presenting and analyzing the recent U.S. Supreme Court decision in Reed v. Town of Gilbert, wherein the Court struck down as unconstitutional under the First Amendment the Town’s sign ordinance based on it not being content neutral and, therefore, not surviving strict scrutiny under the Court’s test for non-content neutral regulations.Blog Post

The National Labor Relations Board “Joint Employer” Ruling

August 13, 2015On August 27, 2015, the National Labor Relations Board (NLRB) released a ruling in the Browning-Ferris Industries of California, Inc. case, in which the NLRB revised its standard for determining joint employer status under the National Labor Relations Act (NLRA).News Article

Board of Nursing Investigations: Survival Tips

August 9, 2011One of the most sensitive relationships an advanced practice nurse (APN) holds in Ohio is with the Ohio Board of Nursing (“Board”). The Board holds regulatory authority over all Ohio licensed and certified APNs, registered nurses (RNs), licensed practical nurses (LPNs) and, most recently, dialysis technicians. It exists solely to enforce laws and rules that regulate the nursing profession in Ohio, and its top priorities are to efficiently license nurses in Ohio and to protect Ohio patients from dangerous practitioners. Over the past few years, we have seen an increase in disciplinary actions pursued by Ohio’s licensing boards, including the Ohio Board of Nursing. Between 2009 and 2011, the Board received 7,726 complaints including those related to substandard practice, drug theft, substance abuse, and patient abuse. Further, the approximately 2,503 licensees and certificate holders who were disciplined were assigned to Board staff for monitoring in 2010.News Article

Brunell Chapter 11 ‘sign of the times’

July 7, 2010Former Jacksonville Jaguars quarterback Mark Brunell’s Chapter 11 bankruptcy reorganization isn’t the first, and very likely won’t be the last, higher-income person seeking protection from creditors.News Article

River health rates high on new Jacksonville City Council president’s list

June 24, 2010River health rates high on new Jacksonville City Council president’s list Jack Webb said his year as Jacksonville City Council president will focus on the health of the St. Johns River, fiscal reform and revising the city charter. Webb acknowledged during his installation speech Thursday that leading the council through another tough financial year will be a challenge. “This is one of, if not, the most difficult times to be a public servant,” he said.News Article

Changing Employers? Keep Your Tail Covered!

September 2, 2009A common question regarding employment, and particularly changes in employment, revolves around the idea of tail insurance coverage. As such, this issue’s legal column explores what tail coverage is, why you need it, and who pays for it.News Article

HIPAA Changes Alert – 2009

July 15, 2009Just when you and your staff are finally getting comfortable with compliance with HIPAA and the Security Standards in your offices, the government has adopted new rules which will require you to make changes to your plans with the first changes to go into effect in September, 2009.News Article

So You Want to Own Your Own Practice

May 12, 2009Many practitioners hold the dream of one day owning their own practice. While hanging your own shingle and being your own boss may seem simple, the success of your practice will depend largely on the strength of the foundation you lay prior to opening your doors for business. As such, I have put together a simple checklist of items to consider prior to embarking on your professional dream of independent practice.News Article

Employment Contracts 101: Paving the Path before Walking Down It

March 15, 2009One of the most common adventures I navigate with my advanced practice nurse (APN) clients is the negotiation of employment contracts. Long before an APN signs an employment contract, it is important to consider the interaction of personal and professional goals. To examine these areas, the APN may ask questions such as: (1) Is this geographic location desirable for me (and my family)? (2) What type of work environment is attractive? (i.e., hospital, clinic, private practice with a physician, an APN practice, etc.) (3) Is the monetary compensation adequate to meet my needs? (4) What is the employee retention rate at this practice? Is there high employee turnover?News Article

Physicians Obtain New Contract Rights – Ohio House Bill 125

August 1, 2008The Ohio Health Care Simplification Act (House Bill 125) was signed into law on May 25, 2008. This Bill is the result of almost two years of legislative action promoted by the Ohio State Medical Association to provide some level of protection to physicians as they contract with managed care plans.News Article

The FACTA Is…Are You in Compliance

June 12, 2008In response to the growing number of identity thefts Congress enacted the Fair and Accurate Credit Transactions Act of 2003 (FACTA). FACTA was enacted to help prevent identity theft, both personal and medical, and was designed to supervise the personal confidential financial information that is generated in consumer transactions.