Client Alerts, News Articles & Blog Posts

Everything you need to know about BMD and the industry.

Florida’s “Stay-at-Home” Order and What it Means for Businesses

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 a 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). 

What does the Stay-at-Home Order actually say?

The Stay-at-Home Order provides, in relevant part, that:

  • Senior citizens and individuals with significant underlying medical conditions shall stay at home, and take all measures necessary to limit their exposure to COVID-19; and
  • All persons in Florida shall limit their movements and personal interactions outside of their home to only those necessary to obtain or provide essential services or conduct essential activities.

What are considered Essential Services

As of now, the Order defines "essential services" to include:

  • The services detailed in the Guidance on the Essential Critical Infrastructure Workforce, v. 2 (March 28, 2020), issued by the U.S. Department of Homeland Security (full text of DHS’s guidance available here); and
  • The services designated as “essential” by Executive Order 20-89, which incorporates a detailed list promulgated by the Miami-Dade County Emergency Order 07-20, as amended (full text of Executive Order 20-89 available here).

The Governor has directed the State Coordinating Officer (“SCO”) to publish an exhaustive list of all qualifying “essential services” that will be available on the Division of Emergency Management’s website at www.floridadisaster.org and the Florida Department of Health’s website at www.floridahealth.gov

As of April 2, 2020, the SCO’s list has not been published.However, generally speaking, the categories of private-sector industries that are deemed “essential” under EO 20-91 include, but are not limited to: (i) Heath Care; (ii) Transportation and Logistics; (iii) Energy; (iv) Food and Agriculture; (v) Communications and Information Technology; (vii) Manufacturing; and (viii) Commercial Facilities.

What if it is unclear if my business is providing an “essential service”?

The guidance and regulations are continuing to be updated daily, and our team at BMD is closely monitoring this ever-evolving situation. Therefore, if you are not sure whether your business is considered “essential,” or if you have any other questions regarding the Stay-at-Home Order or any other COVID-19 related questions, please contact Matt Jackson, Josh La Bouef or Cody Westmoreland in our Jacksonville office at 904.366.1500, as we are standing by ready to help you and your business navigate the challenges we are all facing.

El Contrato Escrito: La Herramienta Predilecta

No 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.

New State Budget Institutes Licensure Requirement for Ohio’s Hospitals

On 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:

Healthcare Provisions in the Ohio FY 22-23 Budget

Governor 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

Interim Final Rule for Surprise Billing

In an effort to implement the new bipartisan No Surprises Act, on July 1, 2021, the Department of Health and Human Services (HHS), along with the Departments of Labor and Treasury, issued an interim final rule to safeguard patients against unforeseen medical bills arising from out-of-network care.

President Biden Seeks to Limit Non-Compete Agreements

Today, President Biden announced he would issue an Executive Order that calls on the Federal Trade Commission (FTC) to adopt rules to curtail worker non-compete agreements. Interestingly, a week ago, the FTC approved changes to its Rules of Practice to modernize and expedite the way it issues Trade Regulation Rules. If you have followed our alerts, we predicted the elimination of non-competes would probably happen. In 2016, then-Vice President Biden was a vocal opponent against non-compete agreements. He led the Obama administration’s initiative seeking to limit or eliminate non-compete agreements. In his presidential campaign, Biden promised to “work with Congress to eliminate all non-compete agreements, except the very few that are absolutely necessary to protect a narrowly defined category of trade secrets . . ..”