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Client Alert
A New Formation Solution – is the SSLC Right for Your Business?
March 4, 2021
In early January 2021, Ohio adopted Senate Bill 276 which established a Revised Limited Liability Company Act (“ORLLCA”) as Ohio Revised Code Chapter 1706, which effectively replaces the current Ohio Limited Liability Company Act (Ohio Revised Code Chapter 1706). The ORLLCA will become effective on January 1, 2022. One of the principal changes within the ORLLCA is the ability to establish “series LLCs”. Ohio becomes the 15th state to adopt a “series LLC” (“SLLC”). The below FAQs will help you better understand the mechanics and nuances of a series LLC.
Posted by
Michael D. De Matteis, Esq. with Lauren Zidones
Client Alert
Surprise! A Cautionary Tale for Out-Of-Network Billing: The No Surprises Act and the Impact on Healthcare Providers
February 25, 2021
SURPRISE! Congress passed The No Surprises Act at the end of 2020. Providers, particularly those billing as out-of-network providers, should start thinking about strategies to comply with this new law, set to take effect on January 1, 2022. In its most basic sense, the new law prohibits providers from billing patients for more than the in-network cost-sharing amount in most situations where surprise bills happen. It specifically applies to non-government payers and the amounts will be set through a process described in the new law. In particular, the established in-network cost-sharing amount must be billed for the following services:
Posted by
Jeana Singleton
Client Alert
Ohio Enacts Substantial Changes to Employment Discrimination Laws
February 25, 2021
In January, Governor Mike DeWine signed into law the Employment Law Uniformity Act, amending the employment protections in the Ohio Civil Rights Act in several significant ways. Such changes to the state’s anti-discrimination and anti-harassment laws have been considered and debated for years and finally made their way into Ohio law. What has changed for employment claims under the amended Ohio Civil Rights Act?
Posted by
Russell T. Rendall
Client Alert
OHIO ADOPTS THE SERIES LLC: Implementation of Ohio’s Revised Limited Liability Company Act is Coming
February 24, 2021
On January 7, 2021, Ohio adopted S.B. 276. The new legislation establishes the Ohio Revised Limited Liability Company Act (“ORLLCA”) which effectively replaces the current Ohio LLC Act. ORLLCA will be fully effective as of January 2022. While the new law contains numerous changes to the existing LLC landscape, below is an overview of some of the key differences under the ORLLCA.
Posted by
S. Matthew Harris, Blake Gerney and Kevin Burwell
Client Alert
Will Federal Legislation Open Cannabis Acquisition Floodgate?
February 18, 2021
Are potential buyers quietly lobbying at federal and state levels to kick open the door to launch a new round of strategic acquisitions? Will presently pending federal legislation, the SAFE and MORE Acts, providing safe harbor for banks and re- or de-scheduling marijuana, be sufficient to mobilize into action major non-cannabis companies that previously shunned the cannabis industry due to the unknown implications of owning businesses whose activities are illegal under federal law?
Posted by
Stephen A. Lenn, Russell T. Rendall, James B. Young along with Teddy Kirsch of L&S Business Law
Client Alert
The Future of the Families First Coronavirus Response Act
February 3, 2021
Over the last year we all have had to adjust to the new normal ushered in by the coronavirus pandemic. Schools and daycares closed, businesses transitioned from in-office work to work from home, bars and restaurants have closed their doors...all to slow the spread and try to prevent this pandemic from spiraling out of control. The start of the pandemic was utter pandemonium. Working parents trying to balance both caring for their now at-home children and their livelihood. Businesses trying to decide how to implement leave policies with limited information. Employees determining if they could financially afford to take time off. We were all flying by the seat of our pants trying to adjust to our new normal.
Posted by
Bryan Meek
Client Alert
Ohio Supreme Court Clarifies Medical Statute of Limitations
February 1, 2021
The Ohio Supreme Court issued a decision in late December that clarifies and finalizes the Ohio law regarding the period of time in which patients can assert claims for medical malpractice. The Court was examining the interplay between three different statutes being the statute of limitations, the statute of repose, and the savings statute.
Posted by
Scott P. Sandrock
Client Alert
Ohio Hospitals and Healthcare Clinics: It’s Time to Revisit Your Billing and Collection Practices
February 1, 2021
According to a recent Cuyahoga County case, certain healthcare entities may not be protected from liability when engaging in unfair or deceptive billing acts. This decision is consistent with the growing trend across the country to encourage price transparency and eliminate unfair surprise billing practices by health care organizations. Now is the time for hospitals and other health care organizations to revisit their billing and collection policies and procedures to confirm that they are legally defensible and consistent with best practices.
Posted by
Kathryn Hickner & Kevin Cripe
Client Alert
HIPAA Business Associate Agreements: Why These Contracts Matter
January 27, 2021
No one loves drafting, reading or negotiating HIPAA Business Associate Agreements (BAAs). Yet many of us need to do so, and some of us do so daily. They are often boring, dense and technical, but BAAs are important from both a legal and a business perspective, and they deserve our attention. Failure to enter a BAA when one is required can constitute a HIPAA violation that results in substantial liability, as demonstrated by certain recent Department of Health & Human Services (HHS) settlements.1 A business associate who makes a disclosure that is not authorized by the applicable BAA or required by law can be subject to civil and, in some cases, criminal penalties. Further, parties are often presented with BAAs that contain onerous one-sided indemnification and other provisions that can be devasting to an organization in the event of a HIPAA breach. The significance of a BAA is often not fully understood by the parties until something goes wrong (e.g., a HIPAA security incident or breach, an Office of Civil Rights (OCR) audit or a fracture in the relationship between the parties) and, at that point, there is limited opportunity to mitigate legal and business risk. Ideally, attention should be given at the commencement of the business associate relationship, when the parties are able, to thoughtfully addressing regulatory requirements, planning and preparing for potential adverse events and appropriately allocating risk among the parties. As with most healthcare regulatory compliance initiatives, a proactive approach with respect to BAAs is preferable. This article provides a broad overview of certain BAA requirements and some practical negotiating tips for the parties involved.
Posted by
Kathryn Hickner
Client Alert
“I’m Out Of Here!” Now What?
January 27, 2021
We all know that the healthcare industry is experiencing a wave of integration. This trend has been evident for many years. Fewer physicians are willing to assume the legal, financial and other business risks associated with owning their own practices. More and more physicians, including anesthesiologists, are becoming employed by large physician groups, health systems and national providers. This shift necessarily involves not only entry into new employment arrangements but also the termination of existing relationships. And those terminations are often governed by written employment agreements, state and federal healthcare laws and employer benefit plans and other policies and procedures. Before pursuing their next opportunity, physicians should pause for a moment and first attend to the arrangement that they are leaving. Departing physicians need to understand their legal rights and obligations when leaving their current employment relationships in order to avoid unintended consequences and detrimental missteps along the way. Here are a few words of practical advice for physicians contemplating an exit from their current employment arrangements.
Posted by
Kathryn Hickner
Client Alert
Investment Training for the Second and Third Generations
January 19, 2021
Consider this scenario. Mom and Dad started the business from the ground up. Over the decades it has expanded into a money-making machine. They are able to sell the business and it results in a multimillion-dollar payday for their labors. The excess money has allowed Mom and Dad to invest with various financial advising firms, several fund management groups, and directly with new startups and joint ventures. Their experience has made them savvy investors, with a detailed understanding of how much to invest, when, and where. They cannot justify formation of a full family office with dedicated investors to manage the funds, but Mom and Dad have set up a trust fund for the children to allow these investments to continue to grow over the years. Eventually, Mom and Dad pass. Their children enjoy the fruits of their labors, and, by the time the grandchildren are adults, Mom and Dad's savvy investments are gone.
Posted by
Richard Burke and Cassandra Manna
Client Alert
Provider Relief Funds – Continued Confusion Regarding Reporting Requirements and Lost Revenues
January 15, 2021
In Fall 2020, HHS issued multiple rounds of guidance and FAQs regarding the reporting requirements for the Provider Relief Funds, the most recently published notice being November 2, 2020 and December 11, 2020. Specifically, the reporting portal for the use of the funds in 2020 was scheduled to open on January 15, 2021. Although there was much speculation as to whether this would occur. And, as of the date of this article, the portal was not opened.
Posted by
Amanda L. Waesch
Client Alert
Ohio S.B. 310 Loosens Practice Barrier for Advanced Practice Providers
January 14, 2021
S.B. 310, signed by Ohio Governor DeWine and effective from December 29, 2020 until May 1, 2021, provides flexibility regarding the regulatorily mandated supervision and collaboration agreements for physician assistants, certified nurse-midwives, clinical nurse specialists and certified nurse practitioners working in a hospital or other health care facility. Originally drafted as a bill to distribute federal COVID funding to local subdivisions, the healthcare related provisions were added to help relieve some of the stresses hospitals and other healthcare facilities are facing during the COVID-19 pandemic.
Posted by
Jeana Singleton and Ashley Watson
Client Alert
HHS Issues Opinion Regarding Illegal Attempts by Drug Manufacturers to Deny 340B Discounts under Contract Pharmacy Arrangements
January 14, 2021
The federal 340B discount drug program is a safety net for many federally qualified health centers, disproportionate share hospitals, and other covered entities. This program allows these providers to obtain discount pricing on drugs which in turn allows the providers to better serve their patient populations and provide their patients with access to vital health care services. Over the years, the 340B program has undergone intense scrutiny, particularly by drug manufacturers who are required by federal law to provide the discounted pricing.
Posted by
Jeana Singleton
Client Alert
S.B. 263 Protects 340B Covered Entities from Predatory Practices in Ohio
January 14, 2021
Just before the end of calendar year 2020 and at the end of its two-year legislative session, the Ohio General Assembly passed Senate Bill 263, which prohibits insurance companies and pharmacy benefit managers (“PBMs”) from imposing on 340B Covered Entities discriminatory pricing and other contract terms. This is a win for safety net providers and the people they serve, as 340B savings are crucial to their ability to provide high quality, affordable programs and services to patients.
Posted by
Daphne Kackloudis
Client Alert
DOL Finalizes New Rule Regarding Independent Contractor Status, But Its Future Is In Jeopardy
January 11, 2021
On January 6, 2021, the Department of Labor announced its final rule regarding independent contractor status under the Fair Labor Standards Act. As described in a prior BMD client alert, this new rule was fast-tracked by the Trump administration after its proposal in September 2020. The new rule is set to take effect on March 8, 2021, and contains several key developments related to the "economic reality" test used to determine whether an individual is an independent contractor or an employee under the FLSA.
Posted by
Russel T. Rendall
Client Alert
Bankruptcy Law Changes - 2020 Recap And What To Expect In 2021
January 11, 2021
In a year of health challenges and financial distress to many individuals and businesses affected by the pandemic, the year 2020 brought some significant changes to the bankruptcy laws. Some of these changes were in place prior to the pandemic; others were a direct response to the pandemic with the goal of helping struggling businesses and individuals. Ahead, we can likely expect further changes to the Bankruptcy Code with the incoming Congress.
Posted by
Michael A. Steel
Client Alert
UPDATE - SBA Releases Rules and Guidance for Second Round PPP Funding
January 7, 2021
Late yesterday (January 6, 2021), the U.S. Small Business Administration released rules and guidance for businesses wishing to take part in the long awaited second round of Paycheck Protection Program (“PPP”) funding. As most businesses are aware, the rules governing PPP loans have been updated as part of The Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (“Act”). The Act was just one section of the massive 2021 Consolidated Appropriations Act that was passed by Congress and signed into law by the President on December 27, 2020. To combat the ongoing disruptions caused by the COVID-19 pandemic, the Act generally provides (a) first time PPP loans for businesses that did not obtain a loan in the first instance, (b) PPP second draw loans for businesses that already obtained a loan but need additional funding, and (c) additional funding for businesses that returned their first PPP loan or did not get the full amount for which they qualified.
Posted by
Blake R. Gerney and Christopher (CJ) Meager
Client Alert
UPDATE - Vaccine Policy Considerations for Employers
January 4, 2021
If you read our post from November, you’re already an informed employer. This first post of 2021 is to share good news, give a few updates, and answer some other common questions. Q: What’s the Good News? First, the EEOC confirmed that employers may require employees receive the COVID-19 vaccine. Second, polling indicates that the number of Americans who said they will receive a vaccine has increased from around 63% to over 71%. The number of Americans who are strongly opposed to a vaccine is about 27%. Third, initial returns show that the efficacy rate for certain vaccines is as high as 95% for some at-risk recipients.
Posted by
Jeffrey C. Miller
Client Alert
Changes to FFCRA Paid Leave: Congress’ Revisions to Employment COVID-19 Leave Benefits Signals the Light is at the End of the Tunnel
December 28, 2020
Late in the evening on December 27th, President Trump signed into law the government’s $900 billion COVID-19 relief package (the “Stimulus Bill”). Among other economic stimulus benefits, the Stimulus Bill contains the $600 stimulus checks that will be issued to eligible individuals as well as, relevantly, changes to the Families First Coronavirus Response Act (“FFCRA”). The FFCRA was implemented in April 2020 and provided benefits to individuals who missed work as a result of an actual or suspected COVID-19 illness or to care for a child when their school or childcare service was closed because of COVID-19. Importantly, the Stimulus Bill extends eligibility for employer payroll tax refunds for leave payments made to employees on or before March 31, 2021 under the FFCRA, signaling to the American people that Congress believes many of the employed public will be vaccinated by this time, the light at the end of the tunnel. However, the Stimulus Bill does contain a caveat that employers are no longer required to provide FFCRA leave benefits after December 31, 2020, but if they do, they will receive the payroll tax credits, up to the maximums provided in the FFCRA, for payments made prior to April 1, 2021. Below we provide a list of questions and answers we received to date following the passage of the Stimulus Bill. We expect the U.S. Department of Labor (“DOL”) to issue additional questions and answers as the Stimulus Bill is implemented, and we will update this Client Alert as these are received.
Posted by
Bryan Meek and Jeffrey C. Miller
Client Alert
Healthcare Speaker Programs: New OIG Alert
December 11, 2020
In a rare Special Fraud Alert issued on November 16, 2020 (the “Alert”), the Office of Inspector General (“OIG”) urged companies who host speaker programs to reassess their programs in light of the “inherent risks” associated with these activities. The Alert reports that, in the last three years, drug and device companies have reported paying nearly $2 billion to health care professionals for speaker-related services.
Posted by
Jeana Singleton and Ashley Watson
Client Alert
Value-Based Care Advances – CMS Issues New Final Rules for Stark and Anti-Kickback Statutes
December 11, 2020
The Centers for Medicare & Medicaid Services (“CMS”) and the Department of Health and Human Services (“HHS”) Office of the Inspector General (“OIG”) issued two highly anticipated (and quite extensive) Final Rules to reform the Stark Law and Anti-Kickback Statute (“AKS”) regulations. The Final Rules generally take effect on January 19, 2021. The Final Rules include new safe harbors for the AKS and new exemptions to the Stark Law to allow for greater flexibility. According to the HHS, the goal of updating both laws is to make it easier for providers to engage in care coordination and value-based care programs without running afoul of the statutes. Please note that this client alert could not cover the full extent of the Final Rule changes so please contact your BMD Healthcare attorney with questions.
Posted by
Jeana Singleton and Ashley Watson
Client Alert
Mandatory Filings Under CFIUS New Rules
December 11, 2020
On September 15, 2020, the Committee on Foreign Investment in the United States (“CFIUS”) promulgated a final rule modifying its mandatory declaration requirements for certain foreign investment transactions involving “TID US businesses” (sensitive U.S. businesses dealing in critical technologies, critical infrastructure and sensitive personal data) dealing in “critical technologies” – i.e., U.S. businesses that produce, design, test, manufacture, fabricate, or develop one or more critical technologies. The new rule also makes amendments to the definition of the term “substantial interest” (used to determine whether a foreign government has a substantial interest in an entity). The final rule became effective on October 15, 2020.
Posted by
Robert Q. Lee
Client Alert
IRS Guidance on Employee Retention Credit
December 11, 2020
The Employee Retention Credit created under Section 2302 of the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act is a refundable tax credit against certain employment taxes equal to 50 percent of the qualified wages an eligible employer pays to employees after March 12, 2020, and before January 1, 2021. Since the adoption of the CARES Act, employers have expressed concern that if one employer acquires another employer that previously received a PPP loan, the acquirer’s entire aggregated group may no longer be eligible to claim the Employee Retention Credit.
Posted by
Christopher J. Meager and Krista Warren with James Young
Client Alert
International Sales Contracts - COVID-19 Pandemic and Force Majeure
December 11, 2020
Posted by
Robert Q. Lee
Client Alert
Identity Protection PIN Available to ALL Taxpayers in January
December 11, 2020
Beginning in January 2021, the IRS will allow all taxpayers who can properly verify his/her identity to obtain an Identity Protection PIN. An Identity Protection PIN (“IP PIN”) is a six digit number assigned to a specific taxpayer to assist in preventing the misuse of a taxpayer’s social security number on fraudulent federal tax returns. Previously, only confirmed victims of identity theft who resolved his/her tax issues with the IRS were eligible for an IP PIN.
Posted by
Tracy L. Albanese
Client Alert
Updates for Employers Regarding Medical Marijuana
December 11, 2020
In 2020, the momentum for marijuana legalization and decriminalization continued. In the November elections, five more states legalized either medical marijuana, recreational marijuana, or both. Although marijuana remains illegal in any form under federal law, just last week, the U.S. House of Representatives voted to decriminalize marijuana usage at the federal level. It's unlikely that the Senate will approve of that, but it is another milestone in what has been a rapidly shifting landscape over the last decade. Given the patchwork of state laws regarding medical and recreational marijuana, widely varied approaches for workplace protections, and the total federal ban, it can be difficult for employers to know how to deal with this issue.
Posted by
Russel T. Rendall
Client Alert
Vaccination Considerations for Employers
November 25, 2020
Today, three Covid-19 vaccines have tested as highly effective (90%+ efficacy) and are advancing in the process for emergency use. This is especially welcome news in Ohio, which has skyrocketing cases and our strategic response has been to turn the entire state into the small town of Bomont with strict curfews and bans on social gatherings.
Posted by
Jeffrey C. Miller
Client Alert
Did You Receive More than $750,000 in Provider Relief Funds?
November 24, 2020
The Provider Relief Funds (“PRF”) - authorized under the CARES Act - has been a vital tool for health care providers during the COVID-19 public health emergency. These funds have allowed providers to stay open and continue to offer care during these pressing times. While helpful, these funds do come with several important obligations. First, fund recipients are required to comply with certain record-keeping requirements as well as comply with certain balance billing prohibitions. See our Client Alert. Second, fund recipients are required to report their intent, use of funds, and other data elements, which helps promote transparency to the federal government. Please see our Client Alert on provider relief fund reporting requirements. Third, and perhaps a new concept for many providers, fund recipients of more than $750,000 must undergo a “single audit” to ensure program compliance and appropriate use of funds.
Posted by
Amanda Waesch & Kevin Cripe
Client Alert
Important Updates Every Provider Should Know: Information Blocking
November 24, 2020
In December 2016, Congress passed the 21st Century Cures Act (“Cures Act”) which: (1) authorized funding for the National Institutes of Health to promote medical research and drug development, (2) implemented provisions aimed at addressing the prevention and treatment of mental illness and substance abuse, and (3) reformed certain standards of the Medicare program and federal tax laws to foster healthcare access and quality improvement.
Posted by
Amanda L. Waesch and Kevin Cripe
Client Alert
PPP Update: Loan Necessity Questionnaires
November 20, 2020
On October 26, 2020, the Small Business Administration (“SBA”) published a notice in the Federal Register which foreshadowed the release of two new forms seeking information from for-profit and nonprofit organizations that received Paycheck Protection Program (“PPP”) loans of $2 million or more. If approved, the SBA would use information from these forms to evaluate and determine whether economic uncertainty made a PPP loan request necessary.
Posted by
Christopher Meager, Krista Warren and James Young
Client Alert
Exposure to COVID-19 Flow Chart
November 20, 2020
Exposure to COVID-19 Flow Chart
Posted by
Jeffrey C. Miller
Client Alert
Lessons Learned: Five Tips for Buying or Selling a Practice
November 19, 2020
If you are anticipating buying or selling a practice during the coming months, you are not alone. The healthcare industry is experiencing a wave of integration. In fact, it has been occurring for several years. Many transactional healthcare attorneys have negotiated and closed dozens of these transactions for clients. They have negotiated on behalf of the sellers in some cases and the buyers in others.
Posted by
Kathryn Hickner
Client Alert
Ramping Up – A Quick Guide to Pressing COVID-19 Employment Law Issues
November 19, 2020
As the country continues to grapple with a global pandemic that now seems to be never-ending, businesses everywhere are waking up to realize that the calming of the COVID-19 employment issues over the summer has come to an end. As cases rise exponentially in all 50 states as we head into the winter months, the number of employment issues related to COVID-19 will also increase dramatically. For these reasons, it is important that we return to the employment law basics that were covered this prior spring, while highlighting the many lessons we have learned along the way. As COVID-19 matters and concerns continue to hinder the working environment of every business, it is important that you reference this review to guide you through these tough issues and questions.
Posted by
Bryan E. Meek
Client Alert
Your Workplace Under Biden
November 9, 2020
This is my favorite recurring post – Predictions of How a New Administration Will Affect Your Workplace. Four years ago, we accurately called the emasculation of the 2016 proposed FLSA Overtime Rules (the salary exemption threshold was set at $35,568 in 2019, rather than $47,476 as proposed), we forecasted a conservative shift of the NLRB and its results (a roll-back of employee rights, social media policy evaluations, and joint employer rules), and we nailed the likelihood of multiple conservative appointments to the United States Supreme Court and its long-term effects (although I completely failed to predict that my ND classmate Amy Coney Barrett would fill the final vacancy during the Trump administration). This time, the L+E Practice of BMD has decided to make it a group effort at predicting what will happen, what probably happen, and what might happen under President Biden. As always, please save this in your important files and pull it out four (or eight) years from now to judge our accuracy.
Posted by
Jeffrey C. Miller
Client Alert
HHS Provider Relief Funds Reporting Requirements: Important Updates Every Provider Should Know
November 4, 2020
HHS continues to revise its reporting requirements for the use of the Provider Relief Funds. Providers with more than $10,000 in Provider Relief Fund payments must report on the use of the funds through December 31, 2020. The reporting window will begin on January 15, 2021 and providers must complete reporting obligations for FY 2020 by February 15, 2021 through a portal designed by HHS. However, providers that have unexpended funds as of December 31, 2020, will have an additional 6 months to use the remaining funds through June 30, 2021. These providers must submit a second and final report no later than July 31, 2021.
Posted by
Amanda L. Waesch
Client Alert
Should I Apply for Phase 3 Funds? Important Considerations Every Provider Should Know
November 2, 2020
On October 1, 2020, the Department of Health and Human Services (“HHS”) announced an additional $20 billion in new funding for providers through a Phase 3 distribution. Importantly, providers that previously received HHS Provider Relief Funds or already received payments of approximately 2% of annual revenue from patient care are eligible to apply. Eligible providers have until November 6, 2020 to apply for these Phase 3 Funds. However, the question from providers continues to be: Should I Apply for Phase 3 Funds?
Posted by
Amanda L. Waesch
Client Alert
CISA Ransomware Practices
October 29, 2020
On October 28, 2020, the United States Cybersecurity and Infrastructure Security Agency (CISA) issued an alert warning of imminent threats to US hospitals and healthcare providers. The specific threat involves RYUK Ransomware attacks. RYUK is a novel ransomware that goes undetected by commercial anti-virus/malware detection programs. Once deployed, RYUK encrypts all data and disables systems. In short, it cripples all functionality down to phone systems and automated doors. Healthcare providers should alert their employees to remain hyper-vigilant and report any suspicious activity seen in email or on networks. It has been reported healthcare providers in New York, Pennsylvania and Oregon have been targeted in the last 48 hours. If your organization encounters issues, BMD can assist in mobilizing a response team and has contacts with forensic IT firms that are familiar with RYUK. It is advisable to engage professionals with experience dealing with this specific threat.
Posted by
Brandon T. Pauley
Client Alert
HHS Announces an Additional $20 Billion In Provider Relief Grants
October 5, 2020
The U.S. Department of Health and Human Services (“HHS”) announced an additional $20 billion in new funding for providers on October 1, 2020. Eligible providers include those that have already received Provider Relief Fund payments as well as previously ineligible providers, such as those who began practicing in 2020, and an expanded group of behavioral health providers confronting the emergence of increased mental health and substance use issues exacerbated by the pandemic. The new Phase 3 General Distribution is designed to balance an equitable payment of 2% of annual revenue from patient care for all applicants plus an add-on payment to account for revenue losses and expenses attributable to COVID-19.
Posted by
Ashley Watson
Client Alert
DOL Proposes New Rule Regarding Independent Contractor Status - But How Will the Election Affect Its Future?
September 24, 2020
On September 22, 2020, the U.S. Department of Labor announced a new proposed rule regarding employee and independent contractor status under the Fair Labor Standards Act. The full text of the proposed rule is available here. The rule's drafters intend to reduce uncertainty and enhance the precision and predictability of the long-standing "economic reality" test, which currently relies on a multifactor balancing test.
Posted by
Russell T. Rendall
Client Alert
Major Change to Franklin County, Ohio Eviction Process: Landlord Testimony Required
September 23, 2020
Although there is currently a nationwide temporary halt on all residential evictions through December 31, 2020 in place, the eviction process in Franklin County – which processes the highest number of evictions in the State of Ohio at approximately 18,000 a year – recently changed significantly.
Posted by
Krista D. Warren
Client Alert
UPDATE: Governor Dewine Signs HB 606 Granting Short Window of Immunity from COVID-19 Personal Injury Lawsuits
September 15, 2020
The Ohio General Assembly, in Am. Sub. H.B. No. 606, is in the final stages of passing a law that will prohibit lawsuits seeking damages from COVID-19. This includes injury, death, or loss to person or property if the lawsuits are based, in whole or in part, on the exposure to, or the transmission or contraction of the coronavirus, unless the defendant in the lawsuit acted intentionally or recklessly. In circumstances where this immunity does not apply, H.B. 606 prohibits such claims being aggregated and brought as a class action.
Posted by
Adam D. Fuller
Client Alert
Revised Department of Labor FFCRA Guidance, Effective September 16, 2020
September 14, 2020
In response to attacks on the legality of the Department of Labor’s (“DOL”) Final Rule regarding the Families First Coronavirus Act (“FFCRA” or the “Act”), which took effect in April 2020, the Department of Labor issued new guidance on Friday, September 11th to formally address ongoing questions and concerns related to the COVID-19 legislation.
Posted by
Bryan Meek with Monica Andress
Client Alert
FCC Adds $198 Million to Strengthen Telehealth for Rural Healthcare Providers
September 9, 2020
The Federal Communications Commission (“FCC”) has added an additional $198 million in funding to its Rural Health Care Program. These funds will be used to increase broadband services and telecommunications to bolster telehealth/telemedicine services for rural healthcare providers. Funding for rural healthcare providers was initially capped at $605 million in 2020, but the added funds will now allow the FCC to provide over $800 million to eligible providers.
Posted by
Kevin M. Cripe
Client Alert
Finding Opportunity in Adversity: Optimism for the Construction Industry
September 8, 2020
Looking for good news? If so, you are not alone. Aside from the collective mental, physical and emotional human toll imposed by the COVID-19 pandemic, entire sectors of the economy have been ravaged, and old, familiar ways of doing business have been disrupted. Although deemed essential, the construction industry has not been immune to interruption and uncertainty during these unprecedented times. Amid new health and safety concerns, coupled with financial uncertainty, progress on projects has slowed, and the start dates for a number of new projects slated to begin in 2020 have been deferred. However, resilience has always been a trademark of contractors, subcontractors and other industry professionals. Reports indicate that while the construction industry lost more than one million jobs February through April, at least 600,000 of those jobs had been gained back by the end of June.
Posted by
Justin M. Alaburda
Client Alert
Yard Sign Do’s and Don’ts: How to Avoid Legal Challenges to Municipal Sign Codes this Election Season
September 8, 2020
As the nation heads into the tail end of the 2020 general election, municipalities will inevitably face challenges as they seek to regulate the seasonal proliferation of yard signs on residential property. While the matter may seem trifling, a seemingly benign yet content-based sign ordinance can result in significant legal exposure for municipalities that have not heeded recent Supreme Court decisions on content neutrality.
Posted by
Daniel J. Rudary
Client Alert
Time to Update Your HIPAA Compliance Plan for Telehealth Policies and Procedures
September 8, 2020
The delivery of healthcare in this country may be forever changed following the COVID-19 pandemic. Providing services through telehealth technologies initially allowed providers to connect with patients in a safe and socially distant manner and helped keep vital hospital beds free for COVID-19 care. Now, while still a safe, socially distant option, telehealth allows patients to access healthcare services in an efficient manner, decreases the likelihood of cancellations, and expands access to services that do not require an in-person encounter (i.e., surgery, procedure, or test). Telehealth is now widely reimbursed by both federal and commercial payors and more provider types are able to provide telehealth services within their licensed scope of practice.
Posted by
Kevin M. Cripe
Client Alert
The SEC Amends Accredited Investor and Qualified Institutional Buyer Definitions
September 2, 2020
The SEC Amends Accredited Investor and Qualified Institutional Buyer Definitions
Posted by
Brennan Manna Diamond
Client Alert
Landlord Alert: CDC Issues Temporary Halt in Residential Evictions
September 2, 2020
On September 1 the Centers for Disease Control and Prevention (“CDC”) issued a nationwide temporary halt on all residential evictions through December 31, 2020. With the July 24, 2020 expiration of the prior moratorium established under the CARES Act, the CDC based the new moratorium on the need to protect public health and the likely increase in the spread of COVID-19 if mass evictions take place.
Posted by
Member Blake R. Gerney
Client Alert
BMD Obtains Supreme Court Victory on Behalf of Sterilite of Ohio, LLC
August 28, 2020
Columbus, Ohio – On August 26, 2020, the Supreme Court of Ohio issued its opinion in Lunsford v. Sterilite of Ohio, LLC, Slip Op. No. 2020-Ohio-4193. The Supreme Court’s 4-3 decision reversed an Ohio Court of Appeals ruling that had reinstated a putative class action against Sterilite brought by a group of current and former employees claiming that Sterilite’s use of “direct observation” urinalysis screening violated their common law right to privacy.
Posted by
BMD Employment Litigation Practice Group
Client Alert
Provider Relief Fund Phase 2 & Reporting Requirement Updates – Deadline to Request Phase 2 Funds is August 28, 2020
August 21, 2020
On July 31, 2020, the Department of Health and Human Services (“HHS”) announced that certain Medicare, Medicaid (managed care and fee-for-service), CHIP, and other providers would be given another opportunity to receive additional Provider Relief Fund payments. HHS has allocated around $15 billion for Phase 2 distribution. Providers are eligible for these new distributions if they fulfill the following criteria and have not yet received a Provider Fund payment equal to approximately 2% of their revenue from patient care.
Posted by
Ashley B. Watson
Client Alert
Five Things That Owners and Boards Need to Know About Privacy and Cybersecurity Compliance
August 21, 2020
Five tips for owners and boards about privacy and cybersecurity compliance.
Posted by
Allison Cole
Client Alert
Return to School Stress Amid COVID-19
August 20, 2020
The COVID-19 global pandemic has undoubtedly made the transition back to school unpredictable, causing stress for employers, school districts, educators, parents, and students.
Posted by
Bryan Meek with Monica Andress
Client Alert
Families First Coronavirus Act (“FFCRA”) Under Attack
August 10, 2020
In response to the COVID-19 global pandemic, the Families First Coronavirus Act (“FFCRA” or “the Act”) went into effect on April 1, 2020 followed closely behind by the Department of Labor’s (“DOL”) Final Rule on the Act which, collectively, describe the obligations of employers as well as the rights of employees under the FFCRA’s paid sick time and expanded family medical leave provisions.
Posted by
Jeff Miller & Bryan Meek with Monica Andress
Client Alert
Lockdowns, Landlords, & Litigation: Abercrombie & Fitch Flips The Script on Simon Property Group Inc.
August 4, 2020
Novel litigation between commercial property owners and tenants arises from COVID-19 lockdowns. Typically, owners sue for nonpayment of rent. But in Franklin County, Ohio, a large retail tenant turned the tables and sued the owner to recoup payments.
Posted by
David M. Scott and Patrick L. Ojeil
Client Alert
UPDATE: Ohio Businesses Remain Required to Post Exceptions to State-Wide Mask Mandate at All Entrances
August 3, 2020
On August 1, 2020, Lance D. Himes, Interim Director of the Ohio Department of Health, issued an amended order continuing the requirement that Ohio businesses post at all entrances any permitted exceptions they provide to customers, patrons, visitors, contractors, vendors and similar individuals to use facial coverings.
Posted by
Adam D. Fuller
Client Alert
2020 Marcum National Construction Survey Marks a New, Post-Pandemic Construction Environment
July 31, 2020
The results of the 2020 Marcum National Construction Survey are in, and the construction industry’s outlook for the remainder of 2020 and beginning of 2021 remains cautiously optimistic despite the COVID-19 global pandemic. Ability to find skilled labor, healthcare expenses, and material costs remain the top concerns for the industry, while “lack of future work” joins the list.
Posted by
Krista D. Warren & Justin M. Lovdahl
Client Alert
Wrongful Death Lawsuits in the Wake of COVID-19
July 31, 2020
Several major “essential business” employers, including Walmart and Tyson, have been served with wrongful death lawsuits in relation to COVID-19. As many Ohio employees begin to return to work, employers should be prudent in following workplace safety practices.
Posted by
Krista D. Warren
Client Alert
We are Working in a Virtual, Video-Conferencing World – But What About Wiretapping?
July 30, 2020
Businesses and other organizations often have a need or desire to record telephone conversations related to their business interests and customer dealings; however, this practice is not always permissible as federal and state laws vary on this issue. Knowing and understanding your jurisdiction’s rules and regulations on this practice is essential to remaining in compliance with the law.
Posted by
Amanda L. Waesch with Monica Andress
Client Alert
President Trump Signs Executive Orders that Enable Access to Affordable Meds
July 29, 2020
On Friday, July 24, 2020, President Trump signed four Executive Orders concerning prescription drug pricing which collectively direct the Secretary of the Department of Health and Human Services (HHS) to take following actions: 1. Increase Patient Access to Insulin and Injectable Epinephrine 2. Facilitate the Importation of Certain Prescription Drugs 3. Remove the Anti-Kickback Safe Harbor Protection for Prescription Rebates 4. Implement the “Most Favored Nation” Order to Lower Medicare Part B Drug Cost
Posted by
Jeana M. Singleton, Esq. and Monica B. Andress
Client Alert
Guidance for Employers Receiving HHS Funding During COVID-19 on Civil Rights Protections
July 24, 2020
On July 20, 2020, HHS OCR issued guidance to help employers receiving federal financial assistance understand their requirements to comply with applicable federal civil rights laws and regulations that prohibit discrimination on the basis of race, color, and national origin in HHS-funded programs during COVID-19; specifically, Title VI of the Civil Rights Act of 1964 (“Title VI”). Title VI states that “[n]o person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”
Posted by
Ashley B. Watson
Client Alert
Ohio Businesses Required to Post Exceptions to State-wide Mask Mandate at all Entrances
July 23, 2020
On July 22, 2020, in conjunction with the state-wide mask mandate instituted by Governor Mike DeWine, Lance D. Himes, Interim Director of the Ohio Department of Health, issued an order requiring Ohio businesses to post any permitted exceptions they provide to customers, patrons, visitors, contractors, vendors and similar individuals to use facial coverings at all business entrances.
Posted by
Adam D. Fuller
Client Alert
ODM and OhioMHAS Continue to Expand Telehealth
July 20, 2020
On July 17, 2020, Governor DeWine signed Executive Order 2020-29D, which allowed the Ohio Department of Medicaid (“ODM”) to immediately rescind old provisions and file a new rule (5160-1-18) and the Ohio Department of Mental Health and Addiction Services (“OhioMHAS”) to amend their current rule (5122-29-31), both expanding telehealth and introducing even more flexibility into Ohio’s healthcare system.
Posted by
Kevin M. Cripe
Client Alert
Top Questions of Employers - Sexual Orientation and Gender Identity Law
July 17, 2020
One month ago, the United States Supreme Court, in Bostock v. Clayton County, determined that federal law (Title VII of the Civil Rights Act of 1964) protects employees on the basis of sexual orientation or gender identity. Our earlier post discussed the full decision. The purpose of this article is to share and address the Top Questions of Employers since that decision was rendered.
Posted by
Jeffrey C. Miller
Client Alert
Healthcare Acquisitions and Divestitures During the COVID-19 Pandemic
July 9, 2020
It seems as though all aspects of our personal and professional lives have been impacted in one way or another by the COVID-19 public health emergency. Healthcare acquisitions and divestitures are no exception. Although the ramifications depend on the specific circumstances of each transaction, we are noticing certain common threads woven among recently closed and currently in progress transactions in the healthcare industry. Here are a few of the questions that often arise as we work with clients to navigate the current business landscape both during and after the COVID epidemic.
Posted by
Kate Hickner and Kevin Saunders
Client Alert
Ministerial Exception to Title VII
July 9, 2020
On July 8, 2020, the United States Supreme Court issued a 7–2 decision holding that religious institutions, such as churches and religion-based schools, are shielded from employment discrimination lawsuits — including claims brought under Title VII of the Civil Rights Act of 1964. In doing so, the Court decided in favor of two Catholic schools facing legal discrimination claims from former teachers who alleged wrongful termination from their employment for age and disability.
Posted by
Bryan Meek with Monica Andress
Client Alert
Ohio House Passes Bill 679 Establishing & Modifying Telehealth Service Requirements
July 6, 2020
In response to the COVID-19 public health emergency, the Ohio Department of Health, Department of Medicaid, and Department of Mental Health and Addiction Services issued emergency rules expanding telehealth services and increasing access to healthcare while the public was under a stay-at-home order. On June 10, 2020, the Ohio House of Representatives favorably (91 votes for and 3 votes against) passed House Bill 679 (“HB 679”), establishing new and modifying existing requirements regarding the provision of telehealth services in Ohio. This bill essentially turns the various administrative emergency rules into law and will fundamentally change the way healthcare is delivered in the state.
Posted by
Kevin M. Cripe
Client Alert
Ohio House Passes Bill 388 Including Out-of-Network Reimbursement Requirements
July 6, 2020
On May 20, 2020, the Ohio House of Representatives unanimously passed House Bill 388, which would enact five new Ohio Revised Code sections regarding out-of-network care and reimbursement.
Posted by
Kevin M. Cripe
Client Alert
Ohio Medicaid Starts Paying Pharmacists for COVID-19 Testing & Pilots Focus on Direct Care from Pharmacists
July 2, 2020
Two significant announcements were made by Ohio’s Department of Medicaid recently. Both announcements provide greater access to healthcare services for Medicaid beneficiaries in Ohio and by utilizing the expertise of pharmacists and providing reimbursement for their services related to COVID-19 testing.
Posted by
BMD Health Care & Hospital Law Practice with Lauren Zidones
Client Alert
Employer COVID Toolkit
July 2, 2020
As employees come back to work and employers operate “mid-COVID” in the “new normal,” employers must update their Employee Handbook and related employment policies. BMD has put together an Employer COVID Toolkit to supplement an employer’s existing Employee Handbook and policies to ensure compliance with the Department of Labor guidance, OSHA, FFCRA, the CARES Act and state law. Below is a description of policies and their purpose.
Posted by
Jeffrey C. Miller & Amanda L. Waesch
Client Alert
SBA Releases New Frequently Asked Question (No. 49) - Maturity Dates for PPP Loans
June 29, 2020
On June 25, 2020 the SBA released a new Frequently Asked Question (No. 49) concerning the maturity dates for PPP Loans as modified by the recently passed Paycheck Protection Program Flexibility Act. All PPP Loans received on or after June 5, 2020, will have a five-year maturity. Any PPP Loan received before June 5, 2020, has a two-year maturity, unless the borrower and lender mutually agree to extend the term of the loan to five years. Businesses should address the maturity issue with their SBA lender and discuss any available change to the loan maturity date.
Posted by
Blake R. Gerney
Client Alert
Top 10 Signs that May Indicate Financial Distress
June 19, 2020
The business world has been turned upside down with COVID-19 and the financial disruption it has created. Once healthy businesses are taking protective measures to remain viable. The impact of this health and financial crisis has affected nearly all industries in some manner. Being aware of areas or issues where your company is vulnerable is critically important. We have identified ten signs to look for when evaluating whether your company has some degree of financial distress.
Posted by
Michael A. Steel
Client Alert
HHS Delays Quarterly Reporting for Provider Relief Funds
June 19, 2020
There is good news for providers that received either (1) General Distributions from the HHS Provider Relief Funds [link to my article], or (2) Targeted Distributions from the HHS Provider Relief Funds [link to Ashley’s article]. HHS reversed its stance requiring quarterly reports for providers that received Provider Relief Funds and PPP loan monies. The initial quarterly reports would have been due by July 10, 2020. However, on June 13, 2020, HHS delayed the quarterly reporting requirement.
Posted by
Amanda L. Waesch
Client Alert
July 20 is Important Deadline for HHS Fund Distributions to Medicaid and CHIP Providers
June 19, 2020
On June 10, 2020, the U.S. Department of Health and Human Services (“HHS”) released details on the distribution of more CARES Act Provider Relief Fund payments. After allocating $50 billion to Medicare providers through its General Distribution fund, HHS has now announced that it will distribute $15 billion to eligible Medicaid and CHIP providers who apply by the deadline through a Targeted Distribution. Applicants must apply through the Enhanced Provider Relief Fund Payment Portal. The application form itself can be found on the HHS website and is due by July 20, 2020.
Posted by
Ashley Watson & Amanda Waesch
Client Alert
DOJ Updates Corporate Compliance Plan Guidance
June 18, 2020
With the passage of the Affordable Care Act in 2010, all healthcare providers were required to adopt and implement a corporate compliance plan. Historically, having an effective corporate compliance plan in place has been key to defending healthcare providers in fraud and abuse actions by Medicare, Medicaid, and commercial payers. Over the past couple of years, the U.S. Department of Justice’s (DOJ) Criminal Division has increased the number of prosecutions against U.S. corporations, including healthcare providers. Earlier this month, the DOJ’s Criminal Division updated its “Evaluation of Corporate Compliance Programs” guidance to educate prosecutors on how a corporate compliance program will be evaluated going forward.
Posted by
Jeana Singleton & Richard Crosby
Client Alert
IRS Responds - Economic Impact Payments Do Not Belong to Nursing Homes or Care Facilities
June 17, 2020
In response to the concerns that some nursing homes and care facilities have been taking patients economic impact payments (“EIP”) and claiming the EIP belongs to the facility, the IRS issued a reminder that the EIP does not belong to a nursing home or care facility even if that facility receives the individual’s payments, either directly or indirectly. The EIP does not count as income or a resource in determining an individual’s eligibility for Medicaid or other federal programs for a period of 12 months from when the EIP is received. What this means: an individual’s EIP does not have to be turned over by the benefit recipient.
Posted by
Tracy L. Albanese
Client Alert
Title VII to Protect LGBTQ Community
June 15, 2020
It is not every day that the United States Supreme Court issues a decision that dramatically changes the workplace, but it happened this week. In a landmark decision captioned as Bostock v. Clayton County, issued by the Court on June 15th, the Court ruled that federal law prohibiting discrimination on the basis of “sex” will now include protections for individuals on the basis of sexual orientation, transgender, and gender identity.
Posted by
Bryan Meek & Monica Andress
Client Alert
Update: President Trump Signs Paycheck Protection Program Flexibility Act of 2020
June 4, 2020
On June 3, 2020, Congress updated the CARES Act by passing the Paycheck Protection Program Flexibility Act of 2020 (“FA”). The legislation, which has not yet been signed into law by President Trump, would provide more flexibility to small businesses who received loans under the Paycheck Protection Program (“PPP”).
Posted by
BMD SBA Loan Team
Client Alert
Workers’ Compensation Claims and COVID-19
June 2, 2020
Can one of my employees file a workers’ compensation claim if they claim that they contracted coronavirus at work? We get that question a lot. Yes, they can, but you should oppose any application for coverage if you receive one. Generally, the claim will not be granted unless the employee has a job that poses a special hazard or risk of exposure to the virus and the employee can prove that he or she contracted the virus at work.
Posted by
Adam D. Fuller
Client Alert
Ohio State Dental Board Implements Teledentistry Rules
May 26, 2020
Ohio law defines “teledentistry” as the delivery of dental services through the use of synchronous, real-time communication and the delivery of services of a dental hygienist or expanded function dental auxiliary pursuant to a dentist’s authorization.[1] The law requires a dentist who desires to provide dental services through teledentistry to apply for a teledentistry permit from the Ohio State Dental Board (“OSDB”).[2] Pursuant to the mandate under Ohio Revised Code 4715.436, the OSDB is implementing the following teledentistry permit rules and requirements (to be set forth under Ohio Administrative Code Chapter 4715-23). These regulations, which were subject of a public hearing on February 19, 2020, are effective on May 30, 2020.
Posted by
Kevin M. Cripe
Client Alert
HHS Addresses Drug Manufacturer Coupons on Out-of-Pocket Limits
May 25, 2020
On May 7, 2020, the US Department of Health and Human Services (“HHS”) announced their Notice of Benefit Parameters for 2021 in which HHS addressed the application of prescription drug manufacturer copay coupons towards a patient’s out-of-pocket limit. Under this guidance, HHS will permit, but not require, plans and insurers to count direct support offered to enrollees by drug manufacturers (i.e., coupons) for specific prescription drugs toward the annual limits on cost-sharing, regardless of whether a generic equivalent is available.
Posted by
Kevin M. Cripe
Client Alert
Important Updates, Deadlines, and Clarifications for the HHS Provider Relief Funds
May 22, 2020
On May 20, 2020, HHS made important updates and clarifications regarding the General Distribution payments to providers. Between April 10, 2020 and April 24, 2020, HHS distributed an initial $30 billion to providers based on the provider’s 2019 Medicare fee-for-service receipts. These funds were distributed automatically and providers did not need to submit an application in order to receive these funds. The funds were originally touted as a “no strings attached” stimulus payment reserved for healthcare providers. But HHS issued a 10-page Terms and Conditions and required that providers sign an attestation confirming receipt of the funds and agreeing to the Terms and Conditions.
Posted by
Amanda L. Waesch
Client Alert
Reopening & Social Media: Tips for Businesses
May 21, 2020
As the country starts to reopen, businesses are under great pressure to keep employees and customers safe. Even if a business follows every reopening requirement, there will inevitably be scrutiny from within and outside the organization. And, in this world of social media, perception tends to become reality. Below are a few practical tips to avoid attracting negative press while restarting your business.
Posted by
Ashley B. Watson
Client Alert
Back to Work: Employer Documents
May 20, 2020
The return of the workforce brings a renewed set of documentation requirements for employers, particularly those employers with fewer than 500 employees and any companies who received PPP funds. Back in March, employers needed a COVID-19 Leave Form and a Remote Work Policy, but things have changed.
Posted by
Jeffrey Miller & Amanda Waesch
Client Alert
PPP Loan Forgiveness Application Details
May 18, 2020
As PPP loan recipients start to take stock of how they’ve used funds over the eight-week period, many businesses are eager to move ahead with the forgiveness portion of the program. How much of the loan will be forgiven is determined by the Small Business Administration (“SBA”), as provided in the CARES Act.[1] Over the weekend, the Department of Treasury released details on the forgiveness application, which can be found here.
Posted by
Cassandra Manna & The BMD SBA Loan Team
Client Alert
CARES Act and Financial Institutions – Litigation Update
May 15, 2020
The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) and the Paycheck Protection Program (“PPP”) have allowed some businesses to remain operational during the COVID-19 pandemic. For these businesses, obtaining access to funds under these programs has proved vital.
Posted by
Richard L. Hilbrich
Client Alert
A Potential Childcare Disruption for Rehired Employees
May 14, 2020
As businesses reopen, employers with fewer than 500 employees need to brush up on the FFCRA Paid Leave rules, including a potential disruption to your return to operations.
Posted by
Jeffrey C. Miller
Client Alert
With Summer Vacation on the Way, Are Employees Still Entitled to Childcare Leave under EFMLEA?
May 13, 2020
Distance learning/homeschooling is finally starting to wrap-up for millions of students across America, a perhaps welcomed end for many, and summer vacation will soon begin. As summer vacation begins, your employees may have questions as to whether they qualify for child care leave under the expanded FMLA (“EFMLEA”), which many employees used over the last few months to receive partial compensation while they were away from work to care for their children. Now, employers with fewer than 500 employees must take note of additional guidance recently published concerning qualification for childcare leave.
Posted by
Bryan Meek
Client Alert
Economic Impact Payment is Not Taxable Income
May 12, 2020
The IRS stated that the economic impact payments are not considered taxable income. Therefore, individuals will not owe tax on the amount of economic impact payment received.
Posted by
Tracy L. Albanese
Client Alert
Accommodating the Return to Work
May 8, 2020
It has been two months since Ohio declared coronavirus an emergency, and although it is clear things will not be fully back to "normal" anytime soon, the state of Ohio is rolling out the reopening process for businesses with a number of new guidelines and restrictions.
Posted by
Russell T. Rendall
Client Alert
Relief for Employers from Unemployment Filings
May 8, 2020
From the last 7 weeks, the total number of unemployment filings in the U.S. now totals 33.5 million, an unprecedented number comparable to the number of filings during the Great Depression. Although some state and federal funds are being used to supplement the unemployment funds, providing additional compensation to the unemployed, employers will be responsible for a very large portion of the total funds being doled out to employees.
Posted by
Bryan Meek
Client Alert
The Reasoning Behind Governor DeWine's $775 Million Budget Reduction
May 7, 2020
This week, Governor DeWine announced $775 million in cuts to the state operating budget due to financial repercussions resulting from the COVID-19 pandemic.
Posted by
Daphne L. Kackloudis
Client Alert
Ahola '10 Minute Tuesday' with BMD's Jeff Miller: Reopening Ohio, New Responsibilities Employers are Facing
May 5, 2020
BMD Employment and Labor Member, Jeffrey C. Miller shared insights on what reopening of Ohio means for Employers on Tuesday, May 5, with Ahola HR Solutions and Payroll. Jeff discussed wage and hour, contract tracing and more.
Posted by
BMD Employment & Labor Group
Client Alert
Term Sheets Finalized for Main Street Lending Program
May 4, 2020
The Main Street Lending Program (“MSLP”) is designed to provide support to small and medium-sized businesses during the current pandemic. The availability of additional credit is intended to help companies that were in sound financial condition prior to the onset of the COVID-19 pandemic maintain their operations and payroll until conditions normalize. The loans will be provided by funds invested by the Department of Treasury. The terms sheets have been finalized for the program, which should be up and running shortly.
Posted by
Cassandra L. Manna & The BMD SBA Loan Team
Client Alert
Employment Law Pitfalls in the New Normal
May 1, 2020
This week the state of Ohio announced its Responsible RestartOhio plan and issued a Stay Safe Order amending to Department of Health’s prior order, designed to get people back to work and gradually reopen the state, available at https://coronavirus.ohio.gov/static/publicorders/Directors-Stay-Safe-Ohio-Order.pdf. This new order directs employers to require their employees to wear masks (with certain limited exceptions) and recommends changes to shifts, break times, and use of break rooms as a means to limit the spread of the virus. These workplace developments raise a number of potential concerns regarding wage and hour issues, reasonable accommodation, employee medical information, and off-duty conduct policies.
Posted by
Russell T. Rendall & Jeffrey C. Miller
Client Alert
Did You Know that Certain Expenses May Not Be Deductible if You Received a PPP Loan?
May 1, 2020
On April 30, 2020, the IRS issued a Notice stating that for Federal income tax purposes, certain expenses that would otherwise be deductible in a taxpayer’s trade or business may not be deductible if the taxpayer received a loan under the Paycheck Protection Program (“PPP”).
Posted by
Tracy L. Albanese
Client Alert
Unemployment Requests From Former Employees
April 29, 2020
Have you received a Request for Information or Unemployment Award Decision from the a state unemployment agency for an employee who left your employ weeks or months ago? With the dramatic rise of unemployment filings as a result of the COVID-19 pandemic, many employers are receiving unemployment decisions or requests for employment information for former employees have have not been employed by them for a great period of time.
Posted by
Bryan Meek
Client Alert
Essential Businesses in Ohio: Today’s Announcements Apply to You
April 27, 2020
Governor DeWine announced the “Responsible Restart Ohio” program this afternoon to set the stage for reopening certain areas of the Ohio economy. Matt Heinle and Jeff Miller posted on the overall requirements today. While the announcement and our post focused on reopening certain businesses, the mandatory requirements and recommendations apply to ALL businesses, including those which had been open and operating as an Essential Business.
Posted by
Ashley B. Watson & Jeffrey C. Miller
Client Alert
Responsible Restart Ohio: Stay at Home Stays in Place – First Phase of Back to Work with Precaution and Protocols
April 27, 2020
Governor Mike DeWine announced new plans today regarding the reopening of Ohio, including the first wave of businesses to welcome employees and customers back inside. This will not be rapid process and that is by design, as DeWine emphasizes that the guiding principles behind Ohio’s plan are to protect the health of employees, customers and their families, support community efforts to control the spread of the virus and to take the lead in responsibly getting Ohio back to work.
Posted by
Matthew A. Heinle & Jeffrey C. Miller
Client Alert
BMD President Matt Heinle Shares Insights on the Critical State of Hospitals
April 24, 2020
The critical state of Hospitals in America due to the coronavirus pandemic.
Posted by
Bloomberg News
Client Alert
Congress Passes Another Round of Coronavirus Relief for Small Businesses
April 24, 2020
On April 24, 2020, President Trump signed into law another round of coronavirus relief aimed at helping small businesses during this public health emergency. The bill contains a total of $484 billion in additional aid. The majority of funds in this bill are dedicated to replenishing the Paycheck Protection Program (“PPP”), which gives small businesses loans to cover payroll costs that could be forgiven if specific requirements are followed. Congress initially funded the PPP in March with $350 billion, but this amount was exhausted as of April 16, 2020.
Posted by
Kevin Cripe
Client Alert
The $70 Billion Question – CARES Act Provider Relief Fund Helping Hardest Hit Hospitals First
April 23, 2020
HHS finally unveiled its preliminary plan for disbursement of the remaining $70 billion of CARES Act Provider Relief Funds. The initial $30 billion was disbursed to providers based on 2019 Medicare fee-for-service payments. HHS indicated that the remaining $70 billion would be disbursed to (1) providers that incurred COVID-19 expenses, (2) rural providers, (3) providers that primarily receive payments from other sources (such as Medicaid), and (4) providers that treat uninsured Americans.
Posted by
Amanda L. Waesch
Client Alert
Recap & Recording: CORONAVIRUS WORKFORCE WEBINAR
April 23, 2020
BMD Employment and Labor Member, Jeffrey C. Miller shared employer and workforce updates related to FFCRA, COVID-19, the Paycheck Protection Program, and gave participants an idea of what to expect in the coming weeks and months as America begins to reopen.
Posted by
Jeffrey C. Miller
Client Alert
Important Items Every Provider Should Know if Accepting the HHS Provider Relief Funds
April 22, 2020
On April 10, 2020, the Department of Health and Human Services (HHS) issued $30 billion to healthcare providers as part of the Provider Relief Fund under the CARES Act. Providers will have 30 days from the date of receipt to access the HHS portal, attest to the payment, and accept the Terms and Conditions. The Terms and Conditions require providers to take substantial steps to ensure compliance.
Posted by
Client Alert
Practical Advice: COVID-19's Impact on the Construction Industry
April 22, 2020
As a member of the American Bar Association, Forum on the Construction Industry, BMD participated in a COVID-19 Construction Leadership Roundtable discussion with over 450 other construction attorneys representing nearly every voice in the industry.
Posted by
Client Alert
Only Courts Can Decide if COVID-19 Chaos is Included Under Business Interruption Coverage
April 21, 2020
Despite paying insurance premiums for years, businesses are now being told by insurance companies and brokers that the business interruption coverage in their policy does not apply to coronavirus losses. However, the question of whether business interruption coverage extends to losses caused by the current pandemic will ultimately be answered by the courts, not insurance carriers. These legal decisions will depend upon the specific language of the policy and the facts and circumstances surrounding the claim.
Posted by
Kyle A. Johnson & Hal DeSaussure
Client Alert
Healthcare Providers: Comparison of New OIG Waivers and Flexibilities under Anti-Kickback Statute in Response to COVID-19
April 21, 2020
On 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 “Blanket Waivers”).
Posted by
Chelsea M. Remick & Jeana M. Singleton
Client Alert
How Do I Pay Employees for COVID-19 Telework?
April 20, 2020
Even as stay-at-home and isolation orders are slowly lifted, employers will continue to have employees teleworking due to the COVID-19 / coronavirus pandemic.
Posted by
Adam D. Fuller
Client Alert
Main Street Lending Program Waiting for Green Light from Congress – What We Know Now
April 17, 2020
What is the Main Street Lending Program? In response to the COVID-19 pandemic, the Federal Reserve established the Main Street Lending Program (“MSLP”) to enhance support for small and mid-size business that were in good financial standing before the pandemic. There are two subcategories to the MSLP: the Main Street New Loan Facility (“MSNLF”), which applies to newly issued loans for a company, and the Main Street Expanded Loan Facility (“MSELF”), which applies to refinancing of existing loans of a company. The main focus of MSLP is to retain employees (at least 90% of a business’s employees as of February 1, 2020). It is also intended to alleviate slow cash flow stress on profitable businesses.
Posted by
Cassandra L. Manna & the BMD SBA Loan Team
Client Alert
Pondering Over Patient Billing: CARES Act and Provider Relief Fund Lead to More Questions
April 16, 2020
On April 11, 2020, HHS, along with the Department of Labor and Department of the Treasury, issued jointly prepared FAQs regarding the FFCRA, the CARES Act, and other health coverage issues. The FFCRA was enacted on March 18, 2020 and requires group health plans and health insurance issuers to provide benefits for certain items and services related to diagnostic testing for COVID-19. Additionally, plans and issuers must provide coverage without imposing any cost-sharing requirements (deductibles, copayments, and coinsurance), prior authorization, or other medical management requirements.
Posted by
Amanda L. Waesch
Client Alert
Important Update and FAQs: HHS Tweaks Guidance on The CARES Act Provider Relief Fund Terms and Conditions
April 16, 2020
On April 10, 2020, many providers awoke to find electronic payment deposits from Department of Health and Human Services (HHS) in their bank accounts. This was the first round of $30 billion of payments from the HHS Provider Relief Fund as a result of the CARES Act, which was signed into law on March 27, 2020. All healthcare providers that received Medicare fee-for-service payments in 2019 should have received a payment.
Posted by
Amanda L. Waesch
Client Alert
Returning to Work: Forecasting the New Normal in Business
April 16, 2020
We cannot predict when businesses will reopen across the county. As we publish this Alert, dynamic business leaders are cooperating in comprehensive efforts to create safe work environments so that they can all re-engage the workforce. However, we can predict the new normal in business. Some important studies were published yesterday, and the new normal in business will be facemasks for all employees, and probably all business visitors.
Posted by
Jeffrey C. Miller
Client Alert
Updated Guidance on Ohio Department of Medicaid Telehealth Rules During the Covid-19 Public Health Emergency
April 15, 2020
In its initial response to the COVID-19 public health emergency, the Ohio Department of Medicaid (“ODM”) issued emergency rule 5160-1-21, which dramatically expanded reimbursable telehealth services, telehealth providers, allowable technology, location of both providers and patients, and covered billing provider types. See BMD’s initial COVID-19 and Telehealth Resource Guide here. This emergency rule provides wide flexibility for patients to receive necessary healthcare services while Ohio’s Stay-At-Home Order remains in place. Regulations are continually changing in response to the public health crisis, and on April 13, 2020, ODM issued new guidance further expanding telehealth services reimbursable under Ohio’s Medicaid program.
Posted by
Kevin M. Cripe
Client Alert
Essential Businesses during COVID-19: Identification and Operation FAQs
April 14, 2020
During the COVID-19 pandemic, the ability to classify your business as “essential” could be the key to its survival. Almost every state in the United States has imposed a “stay-at-home” or “shelter-in-place” order that restricts the types of businesses that can remain open. In fact, as of the writing of this alert, there are only seven states that have not imposed state-wide restrictions on which businesses can stay open during the Coronavirus pandemic and even those states have individual cities and counties that have imposed stricter orders. However, these orders are not always clear, and interpretation is often left to the individual business. This alert will answer some of the most common questions about essential businesses.
Posted by
Ashley B. Watson and BMD Employment & Labor Team
Client Alert
UPDATE: Exempt Organizations Filing Deadline Extended Until July 15, 2020
April 13, 2020
In a recent announcement, the IRS has expanded the deadline for any taxpayers, whether individuals, trusts, estates, corporations, and other non-corporate tax filers, where a filing or payment deadline falls on or after April 1, 2020 and before July 15, 2020. These taxpayers now have until July 15, 2020 to file and pay any federal income tax that is generally due on April 15. The IRS will not assess any late-filing penalty, late-payment penalty, or interest.
Posted by
Tracy L. Albanese
Client Alert
New IRS Portal for Non-filing Taxpayers to Enter Payment Information & Receive Economic Impact Payments
April 13, 2020
The IRS has created a portal for non-filers to enter payment information in order to receive the economic impact payments. This portal is for taxpayer’s who have gross income that does not exceed $12,200 if single and $24,400 if married filing jointly, or were not otherwise required, or plan, to file a tax return for 2019.
Posted by
Tracy L. Albanese
Client Alert
IRS Grants Additional Extensions and Suspends Collection Activity
April 13, 2020
More Extensions Granted for Filing Returns In addition to those previously announced, the IRS has granted extensions for filing of the following returns and payments of amounts due for any of the returns listed below due after April 1, 2020 and before July 15, 2020: Form 706 - Estate and Generation-Skipping Transfer Tax; Form 8971 – Information Regarding Beneficiaries Acquiring Property form a Decedent; Form 709 – United States Gift (and Generation-Skipping Transfer) Tax; Any Estate Tax payment due as a result of an election under sections 6166, 6161, and 6163; Form 990-T – Exempt Organization Business Income Tax; Form 990-PF – Return of Private Foundation or Section 4947 Trust; Form 4720 – Return of Certain Excise Taxes; and All estimated payments made on Form 990-W; 1040-ES, 1041-ES, 1120-W. (This is a change from the extension of only the first quarter estimate to include the June 15, 2020, estimate).
Posted by
Priscilla A. Grant
Client Alert
IRS Provides Guidance for Payroll Tax Deferrals and Credits
April 13, 2020
IRS Provides Guidance for Payroll Tax Deferrals and Credits
Posted by
Priscilla A. Grant
Client Alert
FCC Funding Opportunity for Telehealth Equipment – Portal Open
April 13, 2020
Telehealth is becoming a necessary practice for healthcare providers during the COVID-19 pandemic. However, not all providers have the means to institute a telehealth program. In order to help non-profit and public healthcare providers utilize telehealth, the Coronavirus Aid, Relief and Economic Security (CARES Act) set aside $200 million in funds for telehealth equipment, broadband connectivity, and information services. The FCC has recently released a guidance document that describes how eligible providers can apply for this “COVID-19 Telehealth Program” and the portal for applying will open today, April 13, 2020 at 12:00 PM ET.
Posted by
BMD Healthcare & Hospital Law Group
Client Alert
The CARES Act Provider Relief Fund: What We Know So Far…
April 10, 2020
The CARES Act that was signed into law of March 27, 2020 provides for the Provider Relief Fund, which set aside $100 billion in relief funds for healthcare providers with expenses or lost revenue attributable to COVID-19. On April 9, 2020, the Department of Health and Human Services (“HHS”) released the first round of $30 billion of funding. All healthcare providers that received Medicare fee-for-service reimbursements in 2019 should have received a distribution. Payments will be made via electronic payment. Providers that do not receive electronic payment will receive paper checks over the next few weeks.
Posted by
Amanda L. Waesch
Client Alert
CARES Act Offers Additional Funds to Healthcare Providers Offering Care, Diagnoses, or Testing Related to COVID-19
April 8, 2020
In order to help prevent, prepare for, and respond to the COVID-19 pandemic, a $100 billion fund, run through the Public Health and Social Services Emergency Fund (PHSSEF), has been made available to cover non-reimbursable costs attributable to COVID-19 under the CARES Act. This fund has been designed to get money into the health care system as quickly as possible. As such, applications will be reviewed, and payments will be made, on a rolling basis. HHS has been given significant flexibility in determining how the funds are to be allocated, as opposed to operating under a mandated formula or process for awarding the funds. While the Secretary of HHS has not yet released guidance on the application process, this is expected in the near future. BMD will provide updates as soon as this information becomes available.
Posted by
BMD Healthcare & Hospital Law Group
Client Alert
COVID-19 Small Business Loan Relief Guidance - Updated April 8, 2020
April 8, 2020
Economic Action Plan for Clients Our legal and business crisis response team has collaborated with lending institutions in Ohio and Florida to advise small businesses with regard to the loans available due to the COVID-19 health and economic crisis. There are several loan options that may work for you, and we have also added a section for Frequently Asked Questions. For more information, please contact your primary BMD attorney and they would be happy to assist you in developing an Economic Relief Action plan for your business.
Posted by
BMD SBA Loan Team
Client Alert
Paid Leave for Coronavirus: Department of Labor Issues Its Temporary FFCRA Rule
April 8, 2020
The Department of Labor issued its Temporary Rules under the Families First Coronavirus Response Act (FFCRA) pertaining to the Emergency Paid Sick Leave Act (EPSLA) and the Emergency Family and Medical Leave Expansion Act (EFMLEA). The rule became operational on April 1, 2020 and was officially published on April 6, 2020.
Posted by
Russell T. Rendall
Client Alert
Florida’s “Stay-at-Home” Order and What it Means for Businesses
April 3, 2020
On 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).
Posted by
Matthew Jackson, Joshua La Bouef, Cody Westmoreland, Darren Jones
Client Alert
CMS Offers New Stark Waivers and More Flexibility to Health Care Providers Due to COVID-19
April 2, 2020
On 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.
Posted by
Jeana M. Singleton
Client Alert
#CancelRent – What’s Next for Landlords?
April 2, 2020
Across 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.
Posted by
Jason Butterworth, Blake Gerney, Kyle Johnson, Michael De Matteis, Justin Lovdahl and Nicholas Karam
Client Alert
Record Keeping Requirements to Receive FFCRA IRS Tax Credit
April 2, 2020
On 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.
Posted by
Bryan Meek, Esq. and Monica Andress
Client Alert
Eviction & Foreclosure During the COVID-19 Pandemic
April 2, 2020
Like 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.
Posted by
Matthew R. Duncan
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, 2020
UPDATED: 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.
Posted by
Tracy L. Albanese
Client Alert
CARES Act Expands Bankruptcy Options for Individuals and Small Businesses (1)
April 2, 2020
The 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).
Posted by
Michael A. Steel
Client Alert
CARES Act Expands Bankruptcy Options for Individuals and Small Businesses
March 30, 2020
CARES Act Expands Bankruptcy Options for Individuals and Small Businesses
Posted by
Michael A. Steel
Client Alert
FDIC Provides Guidance on Loan Modifications & Workout Options for Borrowers Affected by COVID-19
March 30, 2020
On 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.
Posted by
Duriya Dhinojwala
Client Alert
CARES Act Changes Rules Governing Retirement Plans
March 30, 2020
Among 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.
Posted by
Priscilla A. Grant
Client Alert
State of Ohio & Cities Extend Tax Filing Deadline
March 30, 2020
On March 27, Governor DeWine signed a bill passed by the legislature to provide tax relief to Ohio taxpayers.
Posted by
Priscilla A. Grant
Client Alert
Paycheck Protection - Designed to Offer Small Business Owners Relief Over the Next Few Weeks
March 30, 2020
The 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.
Posted by
Blake R. Gerney
Client Alert
Department of Labor Adds Q&A to FFCRA Guidance: Provider & Emergency Responder Leave Exceptions
March 30, 2020
Employer 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”)
Posted by
Bryan Meek
Client Alert
FFCRA Amnesty, the CARES Act Paycheck Protection Program & the Small Business Viability Exemption Provide Options for Employers
March 30, 2020
Over 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.
Posted by
Jeffrey C. Miller
Client Alert
Stimulus Package Recap - What The CARES Act Means for You, Your Employees & Your Business
March 30, 2020
As 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.
Posted by
BMD
Client Alert
Governor DeWine Signs Bill Tolling Statutes of Limitations During COVID-19 Emergency Period
March 27, 2020
During 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.
Posted by
Daniel J. Rudary
Client Alert
Is Insurance Available for Coronavirus Losses?
March 27, 2020
The 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.
Posted by
Kyle A. Johnson, Robert A. Hager, Justin M. Alaburda, Jeffrey C. Miller and Justin M. Lovdahl
Client Alert
Exempt Organizations: Form 990s Due May 15 Have Not Been Extended
March 27, 2020
Although 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.
Posted by
Tracy L. Albanese
Client Alert
UPDATE: COVID-19 Considerations for the Construction Industry
March 26, 2020
The 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.
Posted by
Brandon T. Pauley, David Scott, Bob Hager, Justin Alaburda and Justin Lovdahl
Client Alert
FFCRA Update: Implementation Date Accelerated from April 2 to April 1
March 26, 2020
The 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.
Posted by
Jeffrey C. Miller and Russell T. Rendall
Client Alert
FFCRA & Payroll Tax Credit: How Does it Work?
March 26, 2020
The 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.
Posted by
Tracy L. Albanese
Client Alert
Florida HB 607 - APRNs Can Now Admit, Care, Discharge Patients without Physician Oversight
March 25, 2020
On 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.
Posted by
Amanda L. Waesch
Client Alert
Ohio Permitting Deferral of Health Care Premiums for Employer Plans
March 25, 2020
Effective 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.
Posted by
Adam D. Fuller
Client Alert
'Ask Us Anything' Employer FFCRA Update - Webinar Recording
March 25, 2020
In 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.
Posted by
Jeffrey C. Miller
Client Alert
Northern District Court of Ohio Closed to the Public Until May 1
March 24, 2020
Northern District Court of Ohio Closed to the Public Until May 1, 2020.
Posted by
BMD
Client Alert
What Advance Notice Do I Need to Provide for a Reduction in Force or Layoff?
March 24, 2020
The 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.
Posted by
Adam D. Fuller
Client Alert
Attorney General Guidance on Open Meetings Act
March 23, 2020
Attorney General Dave Yost provided guidance on Open Meetings in light of the Coronavirus epidemic.
Posted by
BMD
Client Alert
COVID-19 and Telehealth for Ohio and Florida
March 23, 2020
Over 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.
Posted by
Ashley Watson & Kevin Cripe
Client Alert
Ohio's Stay at Home Order & Florida's Executive Order
March 23, 2020
See the important details of the March 22nd Stay at Home Order for all Ohioans.
Posted by
BMD
Client Alert
UPDATE: U.S. Treasury Secretary Announces Extended Tax Season
March 20, 2020
In a move for further relief for taxpayers, U.S. Treasury Secretary, Steve Mnuchin, has announced the April 15, 2020 filing deadline has been extended.
Posted by
Priscilla A. Grant
Client Alert
Ohio Court Operations and Access During the Coronavirus Crisis
March 20, 2020
On 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.
Posted by
Matthew R. Duncan
Client Alert
OSHA and COVID-19: Workplace Exposures, Citations and Recording
March 20, 2020
Employer Safety & Health Recommendations, Potential Citations, and Recording Workplace Exposures
Posted by
Stephen E. Matasich
Client Alert
IRS Announces Coronavirus Relief
March 19, 2020
On 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.
Posted by
Priscilla A. Grant
Client Alert
BMD COVID-19 Healthcare Provider Resource Guide
March 18, 2020
Providers - 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.
Posted by
BMD Healthcare and Hospital Law Practice Group
Client Alert
Economic Injury Disaster Loan Program for Small Businesses & Non-Profits in Ohio and Florida
March 18, 2020
The 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.
Posted by
BMD
Client Alert
U.S. Treasury Secretary Announces Some Relief for Taxpayers Due to Coronavirus
March 18, 2020
In an unprecedented move, U.S. Treasury Secretary, Steve Mnuchin, has announced some limited relief for taxpayers in light of the Coronavirus pandemic.
Posted by
Priscilla A. Grant
Client Alert
COVID-19 and Commercial Contracts: Is it Time to Modify?
March 17, 2020
The 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.
Posted by
Brandon Pauley
Client Alert
COVID-19 & Your Construction Business - A Triage Checklist
March 17, 2020
Many 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 unknown
Posted by
Brandon Pauley
Client Alert
Coronavirus Update for Employers - March 16, 2020
March 16, 2020
The 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.
Posted by
Jeffrey C. Miller
Client Alert
IRS Issues Guidance Relating to High Deductible Health Plans and Coronavirus Testing
March 12, 2020
In 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).
Posted by
Priscilla A. Grant
Client Alert
OCR, HHS Issue 2020 HIPAA and Coronavirus Bulletin
March 6, 2020
The 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.
Posted by
BMD
Client Alert
Nation’s First Conviction Under EKRA
March 3, 2020
Last month, the Department of Justice announced its first ever guilty plea under the Eliminating Kickbacks in Recovery Act of 2018 (“EKRA”).
Posted by
Jeana Singleton
Client Alert
Motor Carriers Beware - Lack of Written Independent Contractor Agreement Can Be Costly
February 18, 2020
Given 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.
Posted by
Stephen Matasich & Richard Williger with Contributions by Law Clerks Lauren Zidones and Monica Andress
Client Alert
Employers: Consider Important Deadlines for New H-1B Cap-Subject Foreign Worker Petitions
February 13, 2020
First-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.
Posted by
Duriya Dhinojwala, Esq. - Immigration Attorney
Client Alert
CLIENT ALERT UPDATE: AHCA License Alert
January 31, 2020
IMPORTANT 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.
Posted by
Amanda L. Waesch, Esq.
Client Alert
Client Alert: AHCA License Alert: What Every Behavior Analysis Provider Should Know!
January 9, 2020
By 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).
Posted by
Amanda L. Waesch, Esq.
Client Alert
CLIENT ALERT: CMS Unveils New Price Transparency Rules
November 22, 2019
On 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.
Posted by
BMD Health Law Department
Client Alert
CLIENT ALERT: IRS Announces 401(k) and HSA Contribution Limits for 2020
November 6, 2019
With 2020 just around the corner, the IRS announced important information for the upcoming year for both 401(k) Contributions and Health Saving Accounts (HSAs).
Posted by
Client Alert
CLIENT ALERT: U.S. Department of Labor, Wage and Hour Division Sets Enforcement Record
October 30, 2019
In 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.
Posted by
Jeffrey C. Miller, Esq., Labor + Employment Partner
Client Alert
CLIENT ALERT: Will Ohio Recognize a Biddle Claim in a Post-HIPAA World?
October 17, 2019
OHIO SUPREME COURT WILL HEAR CASE INVOLVING CLASS ACTION FOR ALLEGED HIPAA VIOLATIONS: Will Ohio Recognize a Biddle Claim in a Post-HIPAA World?
Posted by
Luke K. Palmer, Esq.
Client Alert
CLIENT ALERT: Proposed New Rules to both the Stark Law and the Anti-Kickback Statute
October 14, 2019
On 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.
Posted by
BMD Health Law Department
Client Alert
CLIENT ALERT: New Overtime Rule Raises Minimum Salary Requirements and Other Changes to the Fair Labor Standards Act
September 24, 2019
Today, 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.
Posted by
BMD Labor + Employment Team
Client Alert
CLIENT ALERT: BWC issuing $1.5 billion in premium refunds to Ohio employers
July 9, 2019
The 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.
Posted by
Richard L. Williger, Esq., BMD Workers' Compensation Practice
Client Alert
CLIENT ALERT: Medicare Providers having multiple locations should verify and revalidate their address information to avoid claim denials
June 4, 2019
MLN 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.
Posted by
Amanda L. Waesch
Client Alert
CLIENT ALERT: Capitalizing on New Opportunity Zone Incentives to Spur Economic Development
May 13, 2019
CLIENT ALERT: New Opportunity Zone Incentives Promise to Spur Economic Development
Posted by
Jason A . Butterworth and R. Kevin Saunders
Client Alert
CLIENT ALERT: HB 159 - Regulatory Indemnity Provisions in Public Works Design Contracts
April 12, 2019
Representative 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.
Posted by
BMD's Construction Law Group
Client Alert
CLIENT ALERT: Construction Law Update: Communication is Key! And Other Lessons Learned From A Recent Public Project Court Decision
December 6, 2018
In 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.
Posted by
Justin M. Alaburda, Partner
Client Alert
CLIENT ALERT: Ohio Incentivizes Cybersecurity Measures
November 15, 2018
On 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.
Posted by
Brandon T. Pauley
Client Alert
CLIENT ALERT: Update on Discrimination
October 23, 2018
The “#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.
Posted by
Richard L. Williger
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, 2018
Although 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.
Posted by
Martin J. Pangrace, Partner, BMD Construction Group
Client Alert
CLIENT ALERT: Taxpayer Passport Application will be Denied Due to Unpaid Taxes
July 23, 2018
In 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.
Posted by
Tracy L. Derteen, Member of the BMD's Tax Law Department
Client Alert
CLIENT ALERT: New Opportunity Zone Incentives Promise to Spur Economic Development
June 14, 2018
Created 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.
Posted by
Jason A. Butterworth. Esq. and R. Kevin Saunders, Esq.
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, 2018
Pursuant 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.
Posted by
BMD's Healthcare Department
Client Alert
CLIENT ALERT: The European Union's New Data Privacy Law Goes Into Effect
June 5, 2018
On 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.
Posted by
Matthew A. Heinle
Client Alert
CLIENT ALERT: Class Action Waivers in Employment Contracts Upheld by Supreme Court
May 24, 2018
On 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).
Posted by
Adam D. Fuller, Partner, BMD's Employment and Labor Group
Client Alert
CLIENT ALERT: Prohibition on Recoupment Prior to Exhaustion of Administrative Remedies
May 18, 2018
In 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.
Posted by
Amanda L. Waesch and Bryan Meek, BMD's Healthcare Department
Client Alert
CLIENT ALERT: Low Volume Appeals Settlement for RAC Appeals
May 4, 2018
In 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.
Posted by
BMD Health Law Department
Client Alert
CLIENT ALERT: Ohio Managed Care Organization (MCO) Open Enrollment
May 1, 2018
Open 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.
Posted by
Richard L. Williger
Client Alert
Medical Marijuana Rules and You
April 4, 2018
The 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.
Posted by
Scott P. Sandrock
Client Alert
BMD Obtains Dismissal of ADA Title III Suit Against National Outlet Mall Chain
February 6, 2018
On 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.
Posted by
Christopher B. Congeni and Daniel J. Rudary
Client Alert
CLIENT ALERT: Bureau of Workers' Compensation Budget Amends Law
December 20, 2017
Bureau 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.
Posted by
Richard L. Williger, Member of BMD's Labor and Employment Practice Group
Client Alert
Client Alert: NLRB Reverses 2015 Browning-Ferris Joint Employer Decision
December 15, 2017
The 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.
Posted by
Jeffery C. Miller - Member of BMD's Labor & Employment Practice Group
Client Alert
Ohio Court of Appeals Upholds Sanctions for Attorney’s Frivolous Conduct
November 7, 2017
On 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).
Posted by
Daniel J. Rudary
Client Alert
The Impact of the 2008 ADA Amendments on the Definition of "Substantial Limitation" Under the Ohio Civil Rights Act
October 19, 2017
The Impact of the 2008 ADA Amendments on the Definition of “Substantially Limitation” Under the Ohio Civil Rights Act
Posted by
Dan Rudary, Esq.
Client Alert
EFFECTIVE July 24, 2017: USCIS to Resume H-1B Premium Processing for Certain Cap-Exempt Petitions
July 31, 2017
Posted by
Duriya Dhinojwala
Client Alert
EFFECTIVE April 3, 2017: USCIS Will Temporarily Suspend Premium Processing for All H-1B Petitions
March 1, 2017
Starting 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.
Posted by
US Citizenship and Immigration Services
Client Alert
President Trump’s Effect on the Workplace
October 5, 2016
When 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.
Posted by
John N. Childs
Client Alert
NLRB Ruling re: Private University Labor Update
August 23, 2016
Graduate students employed by private universities are permitted to unionize under federal law.
Posted by
John N. Childs
Client Alert
Urine Drug Testing Best Practices
August 18, 2016
The 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.
Posted by
Brennan Manna Diamond
Client Alert
U.S. Supreme Court Reed Decision: Direct Impacts on Local Sign Regulation
September 15, 2015
Speaking 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.
Posted by
Robert A. Hager