Client Alerts, News Articles & Blog Posts

Everything you need to know about BMD and the industry.

Returning to Work: Forecasting the New Normal in Business

We cannot predict when businesses will reopen across the country. As we publish this Alert, dynamic business leaders are cooperating in comprehensive efforts to create safe work environments so that they can all re-engage the workforce.

However, we can predict the new normal in business. Some important studies were published yesterday, and the new normal in business will be facemasks for all employees, and probably all business visitors.

The scientists at the National Institutes of Health published a study yesterday in the New England Journal of Medicine addressing the question of whether the coronavirus can be “aerosolized” when people are speaking. The study advises that the coronavirus can be aerosolized and transmitted between individuals who speak in-person.

In an accompanying commentary to the study, a Harvard University biologist remarked that those aerosols from infected persons may pose a threat, “even at considerable distances and in enclosed spaces,” and identified the wearing of a masks as a prophylactic measure.

Additionally, Nature Medicine published its study yesterday finding that individuals may be infectious for two to three days before showing symptoms of Covid-19.    

What does this mean for employers?

Start sourcing facemasks now. Whether essential or non-essential, healthcare or non-healthcare, all employers will need to have facemasks for employees, and probably visitors, in order to return to new normal operations.  

When combining the studies and the commentary, it makes the current preventative measures (six-foot rule, temperature at door, sending sick employees home, etc.) look less effective than believed. Speaking can be as dangerous as coughs and sneezes. Either by governmental order, regulatory requirement, or to avoid novel claims by employees, employers will need to provide facemasks. 

We expect that additional requirements will also be issued before businesses will reopen, so it probably makes sense to start sourcing disinfectant products at the same time.

For additional information, please contact Jeffrey C. Miller, jcmiller@bmdllc.com or 216.658.2323, or any member of the L+E Team at BMD

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 . . ..”