Client Alerts, News Articles & Blog Posts

Everything you need to know about BMD and the industry.

Responsible Restart Ohio: Stay at Home Stays in Place – First Phase of Back to Work with Precaution and Protocols

Governor Mike DeWine announced new plans today regarding the reopening of Ohio, including the first wave of businesses to welcome employees and customers back inside.

This will not be a rapid process and that is by design, as DeWine emphasizes that the guiding principles behind Ohio’s plan are to protect the health of employees, customers and their families, support community efforts to control the spread of the virus and to take the lead in responsibly getting Ohio back to work.

Here are 6 Protocols for ALL businesses:

  1. Require face coverings for employees and clients/customers at all times. Although Employers are not required to provide masks, and a cloth covering is recommended, we advise that Employers do attempt to provide masks in order to limit exposure to liability.
  2. Conduct daily health assessments by employers and employees (self-evaluation) to determine if "fit for duty."
  3. Maintain good hygiene at all times -- hand washing and social distancing.
  4. Clean and sanitize workplaces throughout workday and at the close of business or between shifts.
  5. Limit capacity to meet social distancing guidelines:
    1. Establish maximum capacity of 50% of fire code and use appointments, where possible, to limit overcrowding.
  6. Contact the local health district about suspected cases or exposures. Click here to find your district.

Ohio’s Timeline by Industry

  • Healthcare and Related – MAY 1
    • As of May 1: All healthcare procedures and operations that can be done that do NOT require an overnight stay in a hospital can take place. Emergency procedures and operations can still take place now, per the previous Executive Order. There will be future guidance on other procedures and operations that require an overnight stay.
    • As of May 1, dentists and veterinarians can be fully operational without limitations.
  • Manufacturing, Distribution & Construction - MAY 4
    • As of May 4, firms can re-open if they have not been open through the pandemic. 
    • All such businesses must follow the above protocols, plus these mandatory sector-specific guidelines.
  • Office Settings – MAY 4
    • As of May 4, office settings can reopen, however, work-at-home is recommended as much as possible.
    • Must follow the above protocols, plus these mandatory sector-specific guidelines.
  • Consumer & Retail – MAY 12
    • As of May 12, consumer retail and general services can reopen. 
    • Must follow the above protocols, plus these mandatory sector-specific guidelines.

NOTE: No formal announcement regarding restaurants, bars, gyms, hair salons, and spas reopening.

BMD will keep you apprised of additional guidance and protocols as they are released over the next several weeks. If you have any questions, please contact your primary BMD attorney.

El Contrato Escrito: La Herramienta Predilecta

No existe mejor herramienta a una disputa contractual que un documento firmado por las partes en el cual se expongan las obligaciones y acuerdos entre éstas.

New State Budget Institutes Licensure Requirement for Ohio’s Hospitals

On July 1, 2021, Governor Mike DeWine signed Ohio’s final budget codified at Ohio Revised Code 3722.01 et seq., which includes a new licensing requirement for Ohio’s hospitals. For years, Ohio was the only state in the country that did not license its hospitals. This approach will now be replaced with new, detailed requirements that will require careful review and compliance. Here are some of the highlights concerning these new changes:

Healthcare Provisions in the Ohio FY 22-23 Budget

Governor Mike DeWine signed Ohio’s Fiscal Year 2022-2023 budget bill (HB 110) into law on July 1, 2021. At almost 1,000 pages and 74.1 billion dollars, the budget lays out the State’s spending for the next two years. Below are a few highlighted provisions from the budget that will be important for the healthcare industry in Ohio

Interim Final Rule for Surprise Billing

In an effort to implement the new bipartisan No Surprises Act, on July 1, 2021, the Department of Health and Human Services (HHS), along with the Departments of Labor and Treasury, issued an interim final rule to safeguard patients against unforeseen medical bills arising from out-of-network care.

President Biden Seeks to Limit Non-Compete Agreements

Today, President Biden announced he would issue an Executive Order that calls on the Federal Trade Commission (FTC) to adopt rules to curtail worker non-compete agreements. Interestingly, a week ago, the FTC approved changes to its Rules of Practice to modernize and expedite the way it issues Trade Regulation Rules. If you have followed our alerts, we predicted the elimination of non-competes would probably happen. In 2016, then-Vice President Biden was a vocal opponent against non-compete agreements. He led the Obama administration’s initiative seeking to limit or eliminate non-compete agreements. In his presidential campaign, Biden promised to “work with Congress to eliminate all non-compete agreements, except the very few that are absolutely necessary to protect a narrowly defined category of trade secrets . . ..”