Resources

Client Alerts, News Articles, Blog Posts, & Multimedia

Everything you need to know about BMD and the industry.

Relief for Ohio Under the Federal American Rescue Plan Act

Client Alert

On March 11, 2021, President Biden signed the American Rescue Plan Act (the “Act”) — a $1.9 trillion COVID-19 relief package — a significant portion of which will be directed to the State of Ohio to support economic recovery, as outlined below.

Generally, the Act seeks to provide state and local governments with the resources needed to stabilize their economies following the shutdowns and COVID-19-related deficits incurred in 2020. As such, the Act directs these authorities to fund businesses, programs, and support infrastructure projects and related economic development.

Specifically, a total of $11.2 billion has been allocated to Ohio from the Act, half of which will go directly to the state government with the balance to be divided among Ohio’s municipalities.

The five (5) largest benefactors of the funds include the following counties:

  • Franklin County: $255,380,000
  • Cuyahoga County: $239,530,000
  • Hamilton County: $158,540,000
  • Summit County: $104,930,000
  • Montgomery County: $103,120,000

The stimuli do not, however, come without caveats as to collection requirements and spending boundaries.

Each state or territory intending to collect their share of the funds is required to certify to the U.S. Treasury that it will use any payment in compliance with the use of fund restrictions, discussed below, before any distribution is made. Once the U.S. Treasury receives this certification, the department must make payment to the certifying entity within 60 days.

Counties, metropolitan cities and states as agents for non-entitlement units of local government will not, however, be required to complete certifications, and will instead receive funds in tranches, with the first tranche to be paid within 60 days of the American Rescue Plan becoming law, and the second tranche to be paid at least 12 months after the date on which the county, metropolitan city or state as an agent for non-entitlement unit of local government received its first payment.

The Act leaves broad authority to the state and local governments as to how the money may be directed with the main caveat requiring the ultimate support of COVID-19 economic recovery (e.g., vaccine distribution and other public health efforts, support for low-income citizens, small business relief, and aid to public education). Notably, there is a deadline to use the funds by each applicable jurisdiction — December 31, 2024.

For any questions on the American Rescue Plan Act, or for more information on allocations across the State of Ohio, please contact BMD Government Affairs Law Member Victoria Ferrise at 330.374.5184 or vlferrise@bmdllc.com.


Supreme Court Issues Major False Claims Act Decision

Telehealth Flexibility Updates: HIPAA, DEA, and CMS

The Covid-19 Public Health Emergency (PHE) officially ended on May 11, 2023. But what does that mean for telehealth, a field that expanded exponentially during the PHE? Fortunately, many of the flexibilities will remain intact, at least temporarily. This client alert presents a brief overview of the timelines that providers need to follow, but for a more comprehensive review of telehealth flexibilities and when they will end

WEBINAR SERIES RECAP | Ending the Public Health Emergency + Post-Pandemic Check-Up

Some may take the position that the rest of the country already returned to a new “normal” following the COVID-19 pandemic.  But healthcare providers continue to implement COVID protocols and navigate the ever-changing healthcare regulations at both the federal and state levels.  It is important for healthcare providers to take time for a “Healthcare Check-Up” with the start of 2023 and the ending of the Public Health Emergency (“PHE”).

Sharp Rise in False Claims Act Cases - Navigating the FCA Waters

Recently, on April 18, 2023, the United States Supreme Court heard arguments regarding the FCA’s scienter, or mental state, requirement. To prove violation of the FCA, the statute requires that a defendant “knowingly” file false claims for payment. The term “knowingly” is defined within the statute to mean a person that acts with actual knowledge, deliberate ignorance, or reckless disregard. Circuit courts are split on how to interpret and apply the knowledge element of the FCA, and based on the Supreme Court’s decision, there will be a large impact on healthcare defendants and their businesses as well as anyone who contracts with, or receives money from, a federal program. A broader interpretation of the FCA would unnecessarily target and stifle healthcare, and other businesses, for simple errors in daily operations. This goes against the intended application of the FCA, which was to prevent fraudulent activity.

Areas of Opportunity in Columbus: Highlights from the Columbus Opportunity Summit

On April 27, 2023 Columbus Business First held its annual Columbus Opportunity Summit, bringing together business and economic development leaders to provide an update on how Central Ohio is preparing for expected growth in the coming years, an issue heightened by the arrival of Intel at its 1,000 acre site in Licking County, just outside of Columbus. The site will be home to two new chip factories with room to grow to a total of eight factories and is a $20 Billion investment.