Resources

Client Alerts, News Articles, Blog Posts, & Multimedia

Everything you need to know about BMD and the industry.

Returning to Work: Forecasting the New Normal in Business

Client Alert

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


Introducing HB 281: Enforcement of Federal Immigration Laws in Ohio Hospitals

House Bill 281, introduced on May 20, 2025, would require Ohio hospitals to allow law enforcement, including federal immigration agents, to enter facilities and enforce immigration laws. The bill mandates that hospitals comply with information requests and adopt formal policies, raising significant concerns about patient privacy and access to care for immigrant communities.

Parental Consent May Soon Be Required for Minor Mental Health Services in Ohio

HB 172 proposes repealing a provision in Ohio law that allows minors age 14 and older to consent to limited outpatient mental health services without parental involvement. The bill would require parental consent for all such care and remove related language from other sections of the Ohio Revised Code.

Community Behavioral Health Providers - Supervisor Pricing Changes Begin July 1 [Corrected Date]

Effective June 16, community behavioral health providers wishing to receive reimbursement at the supervisor rate must add the HP or HT Modifier to fee-for-service (FFS) claims. Find out about the new guidelines.

CMS Rescinds EMTALA Guidance for Emergency Abortions

On June 3, 2025, CMS withdrew its 2022 guidance on emergency abortion care under EMTALA, eliminating federal protection for providers in states with abortion restrictions. This policy change could significantly impact how hospitals handle emergency care involving pregnancy complications.

Supreme Court Eliminates Higher Burden for Majority-Group Plaintiffs in Title VII Claims

In Ames v. Ohio Department of Youth Services, the U.S. Supreme Court unanimously ruled that all Title VII plaintiffs, whether from majority or minority groups, must meet the same evidentiary standard. The decision eliminates the “background circumstances rule” and reinforces equal treatment in workplace discrimination claims.