Client Alerts, News Articles & Blog Posts

Everything you need to know about BMD and the industry.

FCC Funding Opportunity for Telehealth Equipment – Portal Open

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.

Eligible providers include:

  • Post-secondary educational institutions offering health care instruction, teaching hospitals, and medical schools;
  • Community health centers or health centers providing health care to migrants;
  • Local health departments or agencies;
  • Community mental health centers;
  • Not-for-profit hospitals;
  • Rural health clinics;
  • Skilled nursing facilities; or
  • Consortia of health care providers consisting of one or more entities above.

These providers can apply for up to $1 million each to purchase “telecommunications, information services, and connected devices to provide connected care services in response to the coronavirus pandemic.” Applications will be accepted on a rolling basis so providers must apply for these funds as soon as they are available. The FCC has also indicated that it plans to target applicants serving high-risk and vulnerable patients, although the telehealth resources need not be directly related to treating COVID-19, and that applicants should indicate if they were under pre-existing strain (e.g., large underserved or low-income patient population; health care provider shortages; rural hospital closures; limited broadband access and/or Internet adoption). Other notable details of this funding opportunity include:

  • The requirement to conduct competitive bidding for covered purchases will be waived for covered purchases, although providers should be cost-conscious;
  • The standard prohibition on receiving gifts above nominal value will also be waived for items related to telehealth;
  • Providers may NOT receive these funds and other federal or state funds that cover the exact same services/devices;
  • Funding may NOT be used for health care provider administrative costs associated with participating in the COVID-19 telehealth Program (e.g., costs associated with completing COVID-19 Telehealth Program applications and other submissions) or other miscellaneous expenses (e.g., doctor and staff time spent on the COVID-19 Telehealth Program and outreach); and
  • Eligible providers who have purchased telecommunications and/or telemedicine equipment after March 13 can apply for funding support for those and any subsequent purchases.

The application is available starting April 13, 2020 at 12:00 PM ET. These funds are first-come, first-served so providers should follow the following steps to be sure they are ready to apply:

  • Obtain an eligibility determination from FCC to receive funds (if a provider does not have one already, they can file an FCC Form 460 with the Universal Service Administration Company at the same time they submit their application for the COVID-19 Telehealth Program);
  • Obtain an FCC Registration Number (FRN); and
  • Register with System for Award Management (will help the award be processed quickly but can be done concurrently with applying for the telehealth funds).

The FCC will make an online portal available for completing and submitting applications and requests for funding here. Applicants can also use this link to find a webinar on April 13, 2020 at 11:00 AM ET to assist interested parties in navigating the application portal and answering FAQs about the program. More information will be posted on the Commission’s Keep Americans Connected page.

If you have any questions about the COVID-19 Telehealth Program please reach out to a BMD healthcare attorney.

Protections Under Federal and Ohio Law for Bona Fide Prospective Purchasers of Contaminated Property

Most industrial/commercial property developers are generally aware of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), often also referred to as “Superfund”. CERCLA, a United Stated federal law administered by the U.S. Environmental Protection Agency, was created, in part, because the U.S. Environmental Protection Agency recognized that environmental cleanup could help promote reuse or redevelopment of contaminated, potentially contaminated, and formerly contaminated properties, helping revitalize communities that may have been adversely affected by the presence of the contaminated properties. Commercial property developers should be aware that CERCLA provides for some important liability limitations for landowners that own contaminated property impacted by materials hazardous to the environment. It can also assist with landowners concerned about the potential liabilities stemming from the presence of contamination to which they have not contributed. In particular, CERCLA provides important liability limitations for landowners that qualify as (1) bona fide prospective purchasers (BFPPS), (2) contiguous property owners, or (3) innocent landowners.

Puerto Rico Is Open For Business

Puerto Rico has the highest vaccination in the nation. More than 73% of the total population is fully vaccinated. The U.S. national average is just over 57%. The ports opened in June 2020 and San Juan held it first live concert this past summer. It is important to remember that Puerto Rico is a U.S. territory and there is no need for visas, the banking systems is almost identical to the mainland and the Island uses the U.S. postal service and U.S. dollar as its currency. There are thousands of flights from the U.S. to Puerto Rico daily and all main airlines fly to the Island.

Ohio Medical Board Changes Telemedicine Rules

A SCMS News Article by Scott Sandrock.

The Rising Threat from Insiders – Get Your House in Order

As its name implies, an ‘Insider Threat’ originates inside an organization. An ‘insider’ is any person who has or had authorized access to or knowledge of an organization’s resources, including personnel, facilities, information, equipment, networks, and systems. ‘Insider threat’ can manifest from malicious, complacent, negligent or unintentional acts that negatively affect the integrity, confidentiality, and availability of the organization, its data, personnel, or facilities. Certainly, ‘Insider Threat’ can be an activity by a bad actor employee, but can also arise from an inadvertent or unknowing action inside an organization (such as an employee who unintentionally opens a phishing email or clicks on a malicious link).

In Cybersecurity– A Good Offense is the Best Defense

2021 has been a watershed moment for cybersecurity incidents as cybercrime has become a frequent headline and cyber criminals have thrived on unsuspecting and/or unprepared businesses and institutions. For example, the Solar Winds attack exposed sensitive data from top companies like Microsoft as well government agencies[1] and the Colonial Pipeline attack substantially disrupted the petroleum supply chain[2]. We have seen an almost 20% increase in data breaches and attacks since last year.