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BREAKING: Biden Administration Has Officially Ended the Two Remaining COVID Vaccine Mandates

Client Alert
May 2, 2023

As of May 1, 2023, the Biden Administration has officially ended the two remaining COVID vaccine mandates: (1) the Federal Contractor Mandate, and (2) the CMS Healthcare Provider Vaccine Mandate.

The Contractor mandate, which was never actually enforced, will end on May 11, 2023, coinciding with the formal end of the COVID public health emergency. The CMS mandate will take a bit more time to formally end as it will require official rule making. However, we do not expect enforcement in the interim.

Many of our healthcare clients have these vaccine mandates still in place as a result of the CMS requirement. Therefore, you will need to consider whether you will keep such policies in place moving forward.

BMD’s Labor and Employment and Healthcare teams are here to answer any questions employers may have about compliance with vaccine mandates. If you have any questions about this topic or wish to discuss, please contact Bryan Meek at bmeek@bmdllc.com 

COVID-19vaccine mandate
Client Alert

Is Your Bonus System Creating Wage and Hour Violations? A Hidden Impact of the Labor Shortages

September 22, 2021As employers struggle with attracting and retaining talent, many have turned to incentives such as Signing Bonuses and Retention Bonuses. In doing so, employers may be inadvertently exposing themselves to overtime law violations. Employers with non-exempt employees know that the Fair Labor Standards Act (FLSA) requires an overtime premium to non-exempt for work in excess of 40 hours per week. However, all too often, employers miscalculate the “regular rate” of pay, which is used for calculating the “overtime rate.” The miscalculation is becoming more prevalent in today’s market when employers fail to include supplemental compensation, such as certain Signing Bonuses and Retention Bonuses into the regular rate of pay. An example: A non-exempt employee is hired at a rate of $20 per hour, and also receives a retention bonus of $1,200 after working for 12 weeks. In her 11th week of work, employee works 50 hours. In her 14th week of work, employee works 50 hours. What is her paycheck in week 11? What is her paycheck in week 14?Client Alert

No Surprises Act – Notice Requirements

September 22, 2021On July 1, 2021, the Biden Administration passed an interim final rule: Part 1 of the “Requirements Related to Surprise Billing Act,” in an attempt to curb excessive costs patients are required to pay in relation to surprise billing. The rule is set to take affect January 1, 2022, and will only affect those who are enrolled in insurance via their employers, as federal healthcare programs already prohibit this type of billing.[1]Client Alert

El Contrato Escrito: La Herramienta Predilecta

July 23, 2021No existe mejor herramienta a una disputa contractual que un documento firmado por las partes en el cual se expongan las obligaciones y acuerdos entre éstas.Client Alert

New State Budget Institutes Licensure Requirement for Ohio’s Hospitals

July 14, 2021On July 1, 2021, Governor Mike DeWine signed Ohio’s final budget codified at Ohio Revised Code 3722.01 et seq., which includes a new licensing requirement for Ohio’s hospitals. For years, Ohio was the only state in the country that did not license its hospitals. This approach will now be replaced with new, detailed requirements that will require careful review and compliance. Here are some of the highlights concerning these new changes:Client Alert

Healthcare Provisions in the Ohio FY 22-23 Budget

July 13, 2021Governor Mike DeWine signed Ohio’s Fiscal Year 2022-2023 budget bill (HB 110) into law on July 1, 2021. At almost 1,000 pages and 74.1 billion dollars, the budget lays out the State’s spending for the next two years. Below are a few highlighted provisions from the budget that will be important for the healthcare industry in Ohio
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