Resources

Client Alerts, News Articles, Blog Posts, & Multimedia

Everything you need to know about BMD and the industry.

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

Client Alert, Multimedia

Some 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”).

BMD Healthcare and Employment + Labor Attorneys presented this 6-part series on the ending of the PHE.

Telehealth Updates

Originally Aired April 5, 2023

Telehealth became an extremely popular method of providing service during the PHE. However, with the PHE ending, do you know whether your telehealth practice will be ending with it? Learn about the many changes that are on the horizon for telehealth including the elimination of audio-only services for some payors, documentation requirements, medical necessity and consent requirements, ongoing OIG audits, and tele-behavioral health in this webinar hosted by BMD Partner Ashley B. Watson



Medicaid Updates

Originally Aired April 12, 2023

There will no longer be any expansion of Medicaid so many may lose their coverage. This makes the No Surprises Act very important because many will be paying cash (and will not be covered). Find out how this will impact you in this webinar hosted by BMD Member Daphne L. Kackloudis.



Licensure Requirements

Originally Aired April 19, 2023

Waivers of licensure requirements to address the PHE are (if not already based on the state) coming to an end, including those creating telehealth or moonlighting flexibilities. Some states have already taken action to adopt permanent revised licensure laws, including adoption of multi-state licensing compacts.  Others have reverted back to full licensure requirements.  Find out about how the closure of the PHE affects professional licensure requirements in this webinar hosted by BMD Member Jeana M. Singleton.



Payment for COVID Testing / Treatment

Originally Aired April 26, 2023

Payment for COVID testing, vaccines, and treatment is changing. Insurance companies will no longer be required to pay 100% as they are under the FFCRA. Government will no longer pay for the vaccines or testing. Patients will be required to pay out of pocket for the treatments and testing. Vaccines will be subject to copayment and deductible requirements. You will also learn about FDA and emergency use for vaccines. This webinar is hosted by BMD Vice President Amanda L. Waesch.



Employers + COVID

Originally Aired May 3, 2023

Learn about updated employer requirements for the vaccine mandate and time off for COVID. Learn details of the CDC guidance and policies and what states are requiring. Find out what documents you should review to make sure they are up-to-date with the ending of the PHE. This webinar is hosted by BMD Partner and Co-Chair of the Employment and Labor Law Group Bryan Meek.



PHE Recap

Originally Aired May 10, 2023

This webinar highlights the key points from each webinar on telehealth, Medicaid, Licensure Requirements, Payment for COVID testing/treatment, and Employers & COVID. This webinar is hosted by BMD Attorneys Ashley B. Watson, Daphne L. Kackloudis, Jeana M. Singleton, Amanda L. Waesch and Bryan Meek.


Client Alert: AAA Introduces AI-Assisted Arbitrator for Certain Disputes

The American Arbitration Association has introduced an AI-assisted arbitration platform designed to streamline certain document-based disputes. While a human arbitrator still makes the final decision, the technology can improve efficiency, reduce costs, and accelerate case resolution. Companies should weigh these benefits against considerations such as transparency, risk, and contractual requirements before adopting AI-assisted arbitration.

Quiet Hours Texts and TCPA Claims: Consent Remains King as Courts Divide on Text Messages

Businesses face increasing TCPA lawsuits over off-hours marketing texts, but recent court decisions highlight strong defenses. Clear consumer consent and updated terms and conditions can defeat many claims, while a growing number of courts are finding that text messages are not “telephone calls” under the statute. Proactive compliance measures, including clickwrap agreements and forum-selection clauses, are critical to reducing risk.

New Ohio Reporting Requirements for Non-Residential Contractors

Ohio’s E-Verify Workforce Integrity Act, effective March 19, 2026, requires all nonresidential construction companies, subcontractors, and labor brokers to use E-Verify to confirm employee work eligibility on projects across the state. The law applies regardless of company size and carries financial penalties and potential restrictions on future state contracts for noncompliance. Some uncertainty remains around requirements for existing employees, making early compliance planning important.

DOT Non-Domiciled CDL Rule

A new rule from the Federal Motor Carrier Safety Administration (FMCSA) will significantly narrow eligibility for non-domiciled Commercial Driver’s Licenses (CDLs) beginning March 16, 2026. The rule limits eligibility to holders of H-2A, H-2B, and E-2 visas and eliminates Employment Authorization Documents (EADs) as qualifying proof of work authorization. As a result, many lawfully present and work-authorized immigrants, including refugees, asylees, DACA recipients, and Temporary Protected Status holders, will no longer be able to obtain or renew a non-domiciled CDL. The change is expected to affect roughly 194,000 drivers nationwide and has prompted multiple legal challenges, including a pending emergency stay request before the United States Court of Appeals for the District of Columbia Circuit.

FinCEN Residential Real Estate Reporting Rule Now in Effect

FinCEN’s new Residential Real Estate Reporting Rule, effective March 1, 2026, requires certain real estate transfers to be reported to combat financial crimes. Transfers of residential property to entities or trusts without financing may require a Real Estate Report.