Resources

Client Alerts, News Articles, Blog Posts, & Multimedia

Everything you need to know about BMD and the industry.

UPDATE: Governor Dewine Signs HB 606 Granting Short Window of Immunity from COVID-19 Personal Injury Lawsuits

Client Alert
September 15, 2020

On Monday, September 14, as expected, Governor DeWine signed House Bill 606 into law. It will take effect on Sunday, December 13, 2020.

September 9 - The Ohio General Assembly, in Am. Sub. H.B. No. 606, is in the final stages of passing a law that will prohibit lawsuits seeking damages from COVID-19. This includes injury, death, or loss to person or property if the lawsuits are based, in whole or in part, on the exposure to, or the transmission or contraction of the coronavirus, unless the defendant in the lawsuit acted intentionally or recklessly. In circumstances where this immunity does not apply, H.B. 606 prohibits such claims being aggregated and brought as a class action.

Importantly, the law explicitly states that public health or other governmental orders related to COVID-19 do not create any new legal duties of care for the purposes of tort liability and cannot be used as evidence of a breach of any duty of care. 

With this new law, the Ohio General Assembly is recognizing the difficulty businesses face in complying with frequently changing public health orders and CDC recommendations. Additionally, the legislature wants to avoid legal precedents that could subject business and premises owners to liability to members of the public for exposure to airborne viruses, bacteria and germs.   

The lawsuit immunity granted by H.B. 606 is broad. It applies to individuals, corporations, partnerships, associations, health care providers, health care workers, schools, non-profits, governmental entities, religious entities, trusts and estates. It will be short lived, however. The immunity would only be granted to claims arising from March 9, 2020, the date of the Governor’s Executive Order 2020-01D through September 30, 2021. Governor DeWine is expected to sign the bill, which would then take effect in 90 days.

As mentioned in our June 2, 2020 client alert, H.B. 606 previously created a rebuttable presumption that first responders and healthcare workers were eligible for workers’ compensation if they contract COVID-19. Am. Sub. H.B. No. 606 no longer contains this presumption. Therefore, COVID-19 is generally not a compensable workers’ compensation illness in Ohio except in the most exceptional circumstances.

For additional information, please contact Adam D. Fuller, adfuller@bmdllc.com or 330.374.6737, or any member of the L+E or Health Law Team at BMD.

COVID-19immunitypersonal injury lawsuitsOhioHB 606legal duties of caretort liabilitybreach of duty of careOhio General Assembly AM. Sub. H.B. No. 606Adam D. Fuller
Client Alert

Telehealth Flexibility Updates: HIPAA, DEA, and CMS

May 12, 2023The Covid-19 Public Health Emergency (PHE) officially ended on May 11, 2023. But what does that mean for telehealth, a field that expanded exponentially during the PHE? Fortunately, many of the flexibilities will remain intact, at least temporarily. This client alert presents a brief overview of the timelines that providers need to follow, but for a more comprehensive review of telehealth flexibilities and when they will endClient Alert, Multimedia

WEBINAR SERIES RECAP | Ending the Public Health Emergency + Post-Pandemic Check-Up

May 10, 2023Some may take the position that the rest of the country already returned to a new “normal” following the COVID-19 pandemic.  But healthcare providers continue to implement COVID protocols and navigate the ever-changing healthcare regulations at both the federal and state levels.  It is important for healthcare providers to take time for a “Healthcare Check-Up” with the start of 2023 and the ending of the Public Health Emergency (“PHE”).Client Alert

Sharp Rise in False Claims Act Cases - Navigating the FCA Waters

May 5, 2023Recently, on April 18, 2023, the United States Supreme Court heard arguments regarding the FCA’s scienter, or mental state, requirement. To prove violation of the FCA, the statute requires that a defendant “knowingly” file false claims for payment. The term “knowingly” is defined within the statute to mean a person that acts with actual knowledge, deliberate ignorance, or reckless disregard. Circuit courts are split on how to interpret and apply the knowledge element of the FCA, and based on the Supreme Court’s decision, there will be a large impact on healthcare defendants and their businesses as well as anyone who contracts with, or receives money from, a federal program. A broader interpretation of the FCA would unnecessarily target and stifle healthcare, and other businesses, for simple errors in daily operations. This goes against the intended application of the FCA, which was to prevent fraudulent activity.Client Alert

Areas of Opportunity in Columbus: Highlights from the Columbus Opportunity Summit

May 5, 2023On April 27, 2023 Columbus Business First held its annual Columbus Opportunity Summit, bringing together business and economic development leaders to provide an update on how Central Ohio is preparing for expected growth in the coming years, an issue heightened by the arrival of Intel at its 1,000 acre site in Licking County, just outside of Columbus. The site will be home to two new chip factories with room to grow to a total of eight factories and is a $20 Billion investment.Client Alert

BREAKING: Biden Administration Has Officially Ended the Two Remaining COVID Vaccine Mandates

May 2, 2023As of May 1, 2023, the Biden Administration has officially ended the two remaining COVID vaccine mandates: (1) the Federal Contractor Mandate, and (2) the CMS Healthcare Provider Vaccine Mandate.
Older posts