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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.


Ohio Recovery Housing Operators Beware: House Bill 58 Seeks to Make Major Changes

Ohio House Bill 58 proposes significant changes to recovery housing oversight, granting ADAMH Boards authority to inspect and investigate recovery residences. The bill also introduces a Certificate of Need (CON) program, requiring state approval for major facility changes. OMHAS will assess applications based on cost, quality, accessibility, and financial feasibility. The bill also establishes a recovery housing residence fund to support inspections. For more information, contact BMD attorneys Daphne Kackloudis or Jordan Burdick.

January 2025 Notice of Proposed Rulemaking Brings Notable Changes to HIPAA Security Rule

In January 2025, the U.S. Department of Health and Human Services proposed amendments to the HIPAA Security Rule, aiming to enhance cybersecurity for covered entities (CEs) and business associates (BAs). Key changes include mandatory compliance audits, workforce training, vulnerability scans, and risk assessments. Comments on the proposed rule are due by March 7, 2025.

Corporate Transparency Act Effective Again

The federal judiciary has issued multiple rulings on the enforceability of the Corporate Transparency Act (CTA), which took effect on January 1, 2024. Previously, enforcement was halted nationwide due to litigation in Smith v. U.S. Department of the Treasury. However, on February 18th, the court lifted the stay, reinstating the CTA’s reporting requirements. Non-exempt entities now have until March 21, 2025, to comply. Businesses should act promptly to avoid civil penalties of $591 per day and potential criminal liability.

Status Update: Physician Noncompete Agreements in Ohio

Noncompete agreements remain enforceable in Ohio if they meet specific legal requirements. While the AMA and FTC have challenged these restrictions, courts continue to uphold reasonable noncompete provisions for physicians. Recent cases, like MetroHealth System v. Khandelwal, highlight how courts may modify overly restrictive agreements to balance employer interests with patient care. With ongoing legal challenges to the FTC’s proposed ban, Ohio physicians should consult a healthcare attorney before signing or challenging a noncompete agreement.

Immigration Orders and Their Economic Impact on Small Business: Insights from Attorney and Former Immigration Judge Rob Ratliff

President Trump's recent executive orders, targeting immigration policies, could significantly impact small businesses in Ohio, particularly those owned by undocumented immigrants. With stricter visa vetting, halted refugee admissions, and potential deportations, these businesses face uncertainty, workforce disruption, and closures. Ohio's immigrant-owned businesses, especially in food services and transportation, contribute billions to the state economy, and any disruption could result in economic ripple effects.