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Areas of Opportunity in Columbus: Highlights from the Columbus Opportunity Summit

Client Alert

On April 27, 2023, Columbus Business First held its annual Columbus Opportunity Summit, bringing together business and economic development leaders to provide an update on how Central Ohio is preparing for expected growth in the coming years, an issue heightened by the arrival of Intel at its 1,000-acre site in Licking County, just outside of Columbus. The site will be home to two new chip factories with room to grow to a total of eight factories and is a $20 billion investment.

Logistics

Ohio already is known as the ‘heart of America.’ It is within one day’s drive of 60% of the continental U.S. Ohio is also the fourth largest rail transporter by mileage and suppliers. Areas for opportunity include supporting and scaling logistical providers and connecting local and regional supply chains.

Infrastructure

New Albany, a suburb minutes from Downtown Columbus, has earmarked $300M to grow infrastructure with a focus on connecting people to their everyday needs. This means that developing communities will include jobs, housing, groceries, and daycares in one central location. Areas for opportunity include city and regional planning with a focus on connecting to adjacent communities.

AEP is working to bring fiber to its existing broadband network and has implemented technology that helps share electricity loads to help cover areas experiencing outages. Areas for opportunity include training and hiring line workers and other skilled labor forces.

Ohio’s Site Inventory Program

Ohio has implemented its Site Inventory Program to help Ohio be competitive for site selection projects. The program provides authenticated sites that are “shovel ready,” meaning they have power and water on site and have state and federal approval without limits. There are currently 30-40 authenticated sites in Ohio.

Conclusion

Columbus has demonstrated significant growth in commerce and population, and with the arrival of Intel, central Ohio cities will need to collaborate to grow together and connect their development. Cohesive growth will be essential for competing for federal funding and building successful long-term systems. BMD has significant experience in business growth, construction law, contract negotiation, compliance with federal grant laws, and employment law issues. If you would like to discuss these topics further, please contact Kelly Jena at Kejena@bmdllc.com.


2021 EEOC Charge Statistics: Retaliation & Impact of Remote Work

The U.S. Equal Employment Opportunity Commission (EEOC) released its detailed information on workplace discrimination charges it received in 2021. Unsurprisingly, for the second year in a row, the total number of charges decreased as COVID-19 either shut down workplaces or disconnected employees from each other. In 2021, the agency received a total of approximately 61,000 workplace discrimination charges - the fewest in 25 years by a wide margin. For reference, the agency received over 67,000 charges in 2020, and averaged almost 90,000 charges per year over the previous 10 years.

Ohio’s Managed Care Overhaul Delayed – New Implementation Timeline

At the direction of Governor Mike DeWine, the Ohio Department of Medicaid (ODM) launched the Medicaid Managed Care Procurement process in 2019. ODM’s stated vision for the procurement was to focus on people and not just the business of managed care. This is the first structural change to Ohio’s managed care system since the Centers for Medicare & Medicaid Services' (CMS) approval of Ohio’s Medicaid program in 2005. Initially, all of the new managed care programs were supposed to be implemented starting on July 1, 2022. However, ODM Director Maureen Corcoran recently confirmed that this date will be pushed back for several managed care-related programs.

Laboratory Specimen Collection Arrangements with Contract Hospitals - OIG Advisory Opinion 22-09

On April 28, 2022, the Department of Health and Human Services, Office of Inspector General (“OIG”) published an Advisory Opinion[1] in which it evaluated a proposed arrangement where a network of clinical laboratories (the “Requestor”) would compensate hospitals (each a “Contract Hospital”) for specimen collection, processing, and handling services (“Collection Services”) for laboratory tests furnished by the Requestor (the “Proposed Arrangement”). The OIG concluded that the Proposed Arrangement would generate prohibited remuneration under the federal Anti-Kickback Statute (“AKS”) if the requisite intent were present. This is due to both the possibility that the proposed per-patient-encounter fee would be used to induce or reward referrals to Requestor and the associated risk of improperly steering patients to Requestor.

Property Owner Protection from Tax Valuation Challenges

New legislation provides significant new protections for commercial property owners against challenges to valuation primarily by local school boards and prohibiting side agreements to avoid tax valuation changes. The Ohio Legislature has approved House Bill 126 which will go into effect July 2022 but will effectively apply to the 2023 tax valuation year.

No Surprises Act Update: The IDR Portal is Open

The No Surprises Act (“NSA”) became effective January 1, 2022, and has been the subject of lawsuits and criticisms since its inception. The goals of the No Surprises Act are to shield patients from surprise medical bills, provide to uninsured and self-pay patients good faith estimates of charges, and create a process to resolve payment disputes over surprise bills, which arise most typically in emergency care settings. We have written about Part I and Part II of the NSA previously. This update concerns the Independent Dispute Resolution (“IDR”) procedure created by Part II but applicable to claims covered by Part I. The Centers for Medicare & Medicaid Services (“CMS”) finally opened the Portal for providers to submit disputes to the IDR process following some updated guidance regarding the arbitration process itself.