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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.

Changes to Medicare’s Physician Fee Schedule and Outpatient Prospective Payment System

Come the beginning of 2022, both the Medicare Physician Fee Schedule (“MPFS”) and Outpatient Prospective Payment System (“OPPS”) will look a little different. As a refresher, the MPFS lists the fees associated with reimbursement of services to providers at certain facilities, taking into account geography and costs. By contrast, OPPS sets reimbursement rates for hospitals and community mental health centers for outpatient services, which are determined in advance. A summary of some of the more pertinent changes to each rule will be outlined below.

CMS to Once Again Reprocess Outpatient Clinic Claims

The Hospital Outpatient Prospective Payment System (OPPS) Rule was passed in November 2018, which was intended to prevent the Centers for Medicare and Medicaid Services (CMS) from paying more for services rendered in outpatient settings than what they paid for the same services rendered in physician offices that are simply owned by hospitals or health systems.[1]

New Vaccine Requirement for Select CMS-Participating Facilities

On November 4, 2021, the Centers for Medicare and Medicaid (“CMS”) released a new rule requiring certain healthcare facilities to implement policies requiring employees to be vaccinated against COVID-19. It does not matter if a staff member does not perform patient treatment services, they must still be vaccinated if an employee of an applicable facility.

OSHA COVID-19 EMERGENCY TEMPORARY STANDARD (ETS) Vaccination, Testing, Recordkeeping, and Reporting

The Occupational Safety and Health Administration has issued its long-awaited COVID-19 Emergency Temporary Standard (ETS). Note that the ETS does not apply to employers covered under the Safer Federal Workforce Task Force COVID-19 Workplace Safety: Guidance for Federal Contractors or Subcontractors (see here), or to settings where employees provide healthcare services subject to OSHA’s ETS for the healthcare industry (see here).

Interesting Trends Revealed in 50-State Medicaid Budget Survey

Results of the KFF annual survey of state Medicaid directors reveal some fascinating trends in Medicaid service delivery and benefit coverage. Read on for a summary of the highlights we find most noteworthy. Background As a preliminary matter, many of the trends KFF identifies and that we highlight below are no doubt a result of the Covid-19 pandemic. The pandemic triggered a public health emergency and economic crisis that resulted in increased Medicaid enrollment, service offerings, and flexibility in service delivery, along with a heightened awareness of disparities in access to care and health outcomes.