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Reopening & Social Media: Tips for Businesses

As the country starts to reopen, businesses are under great pressure to keep employees and customers safe. Even if a business follows every reopening requirement, there will inevitably be scrutiny from within and outside the organization. And, in this world of social media, perception tends to become reality. Below are a few practical tips to avoid attracting negative press while restarting your business.

  1. Follow the Guidelines.

A wise person once said, “truth is the best defense.” If you are following the mandatory reopening guidelines that apply to your business sector and your state, then you will have a ready response to any negative reports from employees or on social media. Requirements differ in each state, and sometimes in each county and city, so businesses with multiple locations may need individual policies for different offices.

In Ohio, Sector Specific Operating Requirements specify both mandatory and recommended procedures for each business type. For example, restaurants and bars in Ohio must “[e]stablish and post maximum dining area capacity using updated COVID-19 compliant floor plans. With maximum party size per state guidelines (currently 10).” For contrast, Phase 1 of Florida’s Step-by-Step Plan for Florida’s Recovery allows restaurants to “serve patrons at indoor seating so long as they limit indoor occupancy [to] up to 50% of their seating capacity” among other requirements. Check the laws that apply to each of your business’s locations to make sure you are following the most recent requirements.

  1. Control the Narrative.

Once you’ve established what the guidelines are, create policies to ensure that your employees know what they need to do to comply. Then, spread the news about what you are doing to follow the guidelines. Share on social media all of the steps you are taking to make employees and customers feel safe. Post your COVID-19 specific policies on your website where they can be easily found.

Even if you are not a business in the service industry, it is important that employees feel that they can come back to work. We anticipate that employees feeling reluctant to come back to the office will be a major issue. Therefore, it will be important to get out in front of it by sharing the lengths that you are going to protect employees and customers far and wide. Make sure your employees know who they can talk to if they have questions about the reopening or feel unsafe. This will demonstrate your commitment to a healthy economy and a healthy community.

  1. Monitor Social Media.

By now, it is clear that reopening procedures for individual businesses will be scrutinized in the court of public opinion. Pictures of crowds of people at bars on opening day resulted in health department citations and even a referral to a city attorney. While there are a relatively small number of health department inspectors, there are millions of citizens with cell phones ready to find the holes in your reopening policies. In addition to controlling the narrative before reopening, you should also pay attention to messaging being delivered after opening. If you encounter negative feedback on social media, be respectful if you chose to respond. Remember, if you have a solid reopening policy that follows relevant guidelines, then referring to such a policy is a simple and effective response.

  1. Your Social Media Policy.

In order to protect your business from negative social media posts made by employees, make sure you have a good social media policy. Employees do have the right to use social media, even to discuss aspects their work. For employers, the National Labor Relations Act enforces “protected concerted activity” of employees, which can include speaking to the media or posting about work grievances. However, businesses can write policies that require employees not to speak on behalf of the business unless authorized and prohibit disclosure of protected health information. The line between permitted and prohibited posts can be quite thin, so counsel should be consulted if there is a question. However, following tips 1-3 above should help cut down on the possibility that an employee will be disgruntled enough to post negatively on social media.

If you have any questions about interpreting the reopening guidelines for your business or drafting your social media policy please contact Ashley Watson at abwatson@bmdllc.com or 614.246.7518, or contact your primary attorney at Brennan, Manna & Diamond.

Investment Training for the Second and Third Generations

Consider this scenario. Mom and Dad started the business from the ground up. Over the decades it has expanded into a money-making machine. They are able to sell the business and it results in a multimillion-dollar payday for their labors. The excess money has allowed Mom and Dad to invest with various financial advising firms, several fund management groups, and directly with new startups and joint ventures. Their experience has made them savvy investors, with a detailed understanding of how much to invest, when, and where. They cannot justify formation of a full family office with dedicated investors to manage the funds, but Mom and Dad have set up a trust fund for the children to allow these investments to continue to grow over the years. Eventually, Mom and Dad pass. Their children enjoy the fruits of their labors, and, by the time the grandchildren are adults, Mom and Dad's savvy investments are gone.

Provider Relief Funds – Continued Confusion Regarding Reporting Requirements and Lost Revenues

In Fall 2020, HHS issued multiple rounds of guidance and FAQs regarding the reporting requirements for the Provider Relief Funds, the most recently published notice being November 2, 2020 and December 11, 2020. Specifically, the reporting portal for the use of the funds in 2020 was scheduled to open on January 15, 2021. Although there was much speculation as to whether this would occur. And, as of the date of this article, the portal was not opened.

Ohio S.B. 310 Loosens Practice Barrier for Advanced Practice Providers

S.B. 310, signed by Ohio Governor DeWine and effective from December 29, 2020 until May 1, 2021, provides flexibility regarding the regulatorily mandated supervision and collaboration agreements for physician assistants, certified nurse-midwives, clinical nurse specialists and certified nurse practitioners working in a hospital or other health care facility. Originally drafted as a bill to distribute federal COVID funding to local subdivisions, the healthcare related provisions were added to help relieve some of the stresses hospitals and other healthcare facilities are facing during the COVID-19 pandemic.

HHS Issues Opinion Regarding Illegal Attempts by Drug Manufacturers to Deny 340B Discounts under Contract Pharmacy Arrangements

The federal 340B discount drug program is a safety net for many federally qualified health centers, disproportionate share hospitals, and other covered entities. This program allows these providers to obtain discount pricing on drugs which in turn allows the providers to better serve their patient populations and provide their patients with access to vital health care services. Over the years, the 340B program has undergone intense scrutiny, particularly by drug manufacturers who are required by federal law to provide the discounted pricing.

S.B. 263 Protects 340B Covered Entities from Predatory Practices in Ohio

Just before the end of calendar year 2020 and at the end of its two-year legislative session, the Ohio General Assembly passed Senate Bill 263, which prohibits insurance companies and pharmacy benefit managers (“PBMs”) from imposing on 340B Covered Entities discriminatory pricing and other contract terms. This is a win for safety net providers and the people they serve, as 340B savings are crucial to their ability to provide high quality, affordable programs and services to patients.