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Essential Businesses in Ohio: Today’s Announcements Apply to You

Client Alert
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.  

What am I required to do?

Governor DeWine published five protocols for all businesses:

  1. No mask, no work, no service, no exception. Require face coverings for employees and clients/customers at all times. Face coverings include surgical-type masks as well as cloth masks, handkerchiefs, scarves, etc. These masks can be provided by the employee or the employer.
  2. Conduct daily health assessments by employers and employees (self-evaluation) to determine if “fit for duty.” Remember not to record individual temperatures, just whether the health assessments have been conducted.
  3. Maintain good hygiene at all times – hand washing, sanitizing and social distancing. These are similar requirements to what was already in place under the original Stay at Home Order.
  4. Clean and sanitize workplaces throughout workday and at the close of business or between shifts.
  5. Limit capacity to meet social distancing guidelines. Maximum capacity should be 50% of fire code. Also, use appointment setting and staggered shifts where possible to limit congestion.  

When am I required to do these?

There is no reason to delay implementation, but today’s announcements give you time to get into compliance. 

 What do I do if an employee or customer tests positive?

The requirements are much more stringent than a positive test. If there is even a suspected case or exposure, employer must contact the Local Health District.  The other obligations are in the links above. 

Where can I get more help understanding how to operate and address employee concerns?

Contact the BMD Labor and Employment team. Right now, a business is most likely to get into trouble when its employees feel unsafe and report their employer to the public health department. Additionally, the sanitization and safety measures may create wage and hour concerns. We can help you develop your plan to reopen to ensure your employees and customers feel safe returning to your workplace. 

For more information, contact Jeffrey C. Miller at 216.658.2323 or jcmiller@bmdllc.com or Ashley B. Watson at 614.246.7518 or abwatson@bmdllc.com.

Responsible Restart Ohioessential businessemployersJeffrey C. MillerAshley Watson
Client Alert

HHS Delays Quarterly Reporting for Provider Relief Funds

June 19, 2020There 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.Client Alert

July 20 is Important Deadline for HHS Fund Distributions to Medicaid and CHIP Providers

June 19, 2020On 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.Client Alert

DOJ Updates Corporate Compliance Plan Guidance

June 18, 2020With 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.Client Alert

IRS Responds - Economic Impact Payments Do Not Belong to Nursing Homes or Care Facilities

June 17, 2020In 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.Client Alert

Title VII to Protect LGBTQ Community

June 15, 2020It 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.
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