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Governor DeWine Signs Bill Tolling Statutes of Limitations During COVID-19 Emergency Period

During his March 27, 2020 press conference on Ohio’s ongoing efforts to respond to COVID-19, Governor Mike DeWine officially signed House Bill 197 into law. HB 197, which passed the Ohio House and Senate with unanimous bipartisan support, contains important provisions affecting the legal rights of litigants whose claims may be subject to the statutes of limitations enacted under the Ohio Revised Code.

As applied to civil cases, HB 197 provides that any statute of limitations set to expire between March 9, 2020 and July 30, 2020 “shall be tolled.” This includes, but is not limited to, the specific statutes of limitations for contract and tort claims codified in Revised Code Chapter 2305.

The tolling of Ohio’s statutes of limitations is made retroactive to March 9, 2020 (the date of Governor DeWine’s proclamation of a State of Emergency in Executive Order 2020-01D) and will expire on July 30, 2020 or “on the date the period of emergency ends,” whichever is sooner. As it pertains to civil cases, HB 197 also tolls: “the time within which discovery or any aspect of discovery must be completed,” “the time within which a party must be served,” and “any other criminal, civil, or administrative time limitation or deadline under the Revised Code.” HB 197 also tolls limitations periods and other deadlines applicable to criminal, administrative, and domestic relations cases.

Parties should be aware that tolling is not an enlargement, but an interruption of the statute of limitations that prevents the applicable statute(s) from running (or expiring) during the tolling period. Accordingly, statutes of limitations that expired prior to March 9, 2020 or are set to expire on or after July 30, 2020 remain unaffected and are not extended or altered by HB 197. Parties should consult with experienced legal counsel to determine the impact of HB 197 on claims for which the statute of limitations would otherwise expire during the tolling period as defined by HB 197. In particular, the duration of the emergency period as defined in the Governor’s March 9, 2020 Executive Order will impact the legal rights of parties whose claims are subject to HB 197’s tolling provisions.  

While HB 197 impacts the statutes of limitations and other deadlines set forth in the Ohio Revised Code, it makes no mention of continuing hearings, trials, or individual case management orders. Parties should consult any scheduling orders issued in their own cases, as well as any administrative or general orders issued by the court in which they are appearing, to determine how COVID-19 is impacting deadlines and appearance dates in their case. A link to all administrative and general orders issued by Ohio state courts in response to the pandemic is available through the Ohio Judicial Conference.

For questions, contact BMD Litigation Partner Daniel J. Rudary at 330.374.7477.

New York, Kansas, Massachusetts, and Delaware Become the latest States to Adopt Full Practice Authority for Nurse Practitioners

While the COVID-19 pandemic certainly created many obstacles and hardships, it also created many opportunities to try doing things differently. This can be seen in the instant rise of remote work opportunities, telehealth visits, and virtual meetings. Many States took the challenges of the pandemic and turned them into an opportunity to adjust the regulations governing licensed professionals, including for advanced practice registered nurses (APRNs).

Explosive Growth in Pot of Gold Opportunity for Bank (and Other) Cannabis Lenders Driving Erosion of the Barriers

Our original article on bank lending to the cannabis industry anticipated that the convergence of interest between banks and the cannabis industry would draw more and larger banks to the industry. Banks were awash in liquidity with limited deployment options, while bankable cannabis businesses had rapidly growing needs for more and lower cost credit. Since then, the pot of gold opportunity for banks to lend into the cannabis industry has grown exponentially due to a combination of market constraints on equity causing a dramatic shift to debt and the ever-increasing capital needs of one of the country’s fastest growing industries. At the same time, hurdles to entry of new banks are being systematically cleared as the yellow brick road to the cannabis industry’s access to the financial markets is being paved, brick by brick, by the progressively increasing number and size of banks that are now entering the market.

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.