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Mandatory COVID-19 Testing for Ohio Nursing Homes
Dinsmore & Shohl LLP, June 2020

On May 26, 2020, Ohio Governor Mike DeWine announced the formation of new Congregate Care Unified Response Teams to test residents and staff members in Ohio's nursing homes. Ohio Department of Health (“ODH”) Director Amy Acton, M.D., MPH, subsequently issued a Director’s Order on May 27, 2020 requiring all nursing homes to cooperate with this testing...

CMS Announces Enhanced Surveys for Nursing Homes to be Completed by July 31, 2020
Dinsmore & Shohl LLP, June 2020

The Centers for Medicare and Medicaid Services (CMS) announced on March 13, 2020 enhanced penalties for infection control survey non-compliance amid the COVID-19 pandemic.[1] On June 1, 2020, CMS announced significant changes related to nursing home surveys. The new changes require states to complete 100 percent of their Focused Infection Control nursing home surveys by July 31, 2020...

Ohio House Passes Bill to Protect Health Care Providers from Civil Liability and Professional Disciplinary Actions
Dinsmore & Shohl LLP, June 2020

The Ohio House of Representatives has voted overwhelmingly in favor of House Bill 606, known as the “Good Samaritan Expansion Bill.” The bill grants temporary immunity from civil liability and professional disciplinary actions to a wide range of health care providers for injury, death, or damages arising from health care services rendered in response to the COVID-19 pandemic...

Congress Passes Bill Providing More Flexibility to PPP
Dinsmore & Shohl LLP, June 2020

Congress passed legislation amending the Paycheck Protection Program (“PPP”) in hopes of making the program more useful to small businesses. Prior to the amendment, the PPP required loan proceeds to be spent during an eight-week covered period for a loan to be eligible for forgiveness. Additionally, 75 percent of the proceeds had to be used on payroll costs, so only 25 percent could be spent on certain eligible non-payroll expenses (e.g...

ODH Permits All Ohio Surgeries to Resume
Dinsmore & Shohl LLP, June 2020

On June 2, 2020, Ohio Department of Health (ODH) Director Amy Acton, M.D., MPH, issued a new comprehensive order permitting all surgeries to resume, effective immediately ( Surgery Resumption Order). The Surgery Resumption Order is available here. We have previously written about the March 17, 2020 ODH order that cancelled all non-essential or elective surgeries and procedures that use personal protective equipment (PPE)...

USPTO: Artificial Intelligence Cannot Be Listed as ‘Inventor’ on Patent Applications
Dinsmore & Shohl LLP, June 2020

Last year, United States Patent and Trademark Office (USPTO) Director Andrei Iancu noted that artificial intelligence (AI) has the potential to “fundamentally chang[e]” “the legal concepts of inventor or author.”[i] The USPTO recently had cause to consider this issue. On petition, the USPTO considered whether an applicant can name an AI program as an inventor on a patent application...

Return-to-Work Checklist for Health Care Employers Reopening Their Businesses
Dinsmore & Shohl LLP, June 2020

The following are general considerations for health care employers who are strategizing their employees’ return to work. Note that each employer and health care environment is different and will need a specifically tailored plan. Further, there is a wealth of detailed guidance regarding various aspects of operating during the COVID-19 pandemic, including detailed guidance regarding proper PPE and patient treatment...

Expanded Physician Payments Sunshine Act Reporting Coming Soon
Dinsmore & Shohl LLP, June 2020

The Substance Use Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act (“SUPPORT Act”)[1] was enacted on October 24, 2018. Among other things, the SUPPORT Act amended the Physician Payments Sunshine Act (“Sunshine Act”)[2] to expand the definition of “covered recipients”[3] for payment tracking and reporting purposes...

Nursing Homes Beware: Government Enforcement Is On The Rise
Dinsmore & Shohl LLP, June 2020

Federal and state government enforcers have been turning their focus to nursing homes, skilled nursing facilities, and other long-term care facilities. While this enforcement priority is not tied specifically to the COVID-19 pandemic, facilities can expect additional scrutiny as they are considered “ground zero” for infections...

Nursing Home Safety Amid COVID-19: CMS Publishes Infection Control Guidance and Toolkit
Dinsmore & Shohl LLP, June 2020

As states are beginning to open back up amid the COVID-19 pandemic, nursing homes and other long-term care facilities are still at the highest risk of infection and should continue to be cautious. One-third of all COVID-19 deaths are attributed to long-term care residents and workers.[1] Facilities need to take steps to manage the spread of the disease and protect their residents and staff as states begin to allow more flexibility around long-term care quarantine practices...

Removal Ruling Raises Questions about Where COVID-19-Related Business Interruption Claims Should be Heard
Dinsmore & Shohl LLP, May 2020

Business interruption insurance claims related to the COVID-19 pandemic have raised numerous questions for practitioners, businesses, and insurers...

Court Tosses Patent Attorney’s Qui Tam Based on Patent Appeal Board Decision, Calls it Quintessential ’Parasitic Lawsuit’
Dinsmore & Shohl LLP, May 2020

In Silbersher v. Valeant Pharmaceuticals International, Inc., the U.S. District Court for the Northern District of California dismissed a False Claims Act (FCA) qui tam lawsuit the court found was based largely on a Patent Trial and Appeal Board (PTAB) decision and thus violated the public disclosure bar. No. 3:18-cv-01496-JD, 2020 U.S. Dist. LEXIS 82548, at *22–27 (N.D. Cal. May 11, 2020)...

Continuing Disclosure Amid the COVID-19 Pandemic
Dinsmore & Shohl LLP, May 2020

The COVID-19 pandemic is presenting unique challenges and causing operational and financial disruptions for many governmental issuers and other borrowers (obligated persons), who are subject to the continuing disclosure requirements of Rule 15c2-12 of the U.S. Securities and Exchange Commission (SEC). One of these challenges is the determination of whether and what to disclose to bondholders under existing continuing disclosure undertakings or in the context of voluntary disclosure...

The Federal Reserve’s Municipal Liquidity Facility: Providing Financial Relief but at What Cost?
Dinsmore & Shohl LLP, May 2020

State and local governments throughout the nation are struggling to address the financial impact of the COVID-19 pandemic. The Coronavirus Aid, Relief, and Economic Security Act, or CARES Act, enacted by Congress on March 28, 2020 appears to provide insufficient funding, and many state and local governments need more federal financial assistance...

Employers May Be Able To Take Advantage Of New Department of Labor Rule To Qualify for OT Exemption
Dinsmore & Shohl LLP, May 2020

Effective Tuesday, May 19, 2020, the Department of Labor issued a new rule to provide greater simplicity and flexibility to retail and service-industry employers. The rule relaxes the regulatory framework underpinning Section 7(i) of the Fair Labor Standards Act, also known as the “retail service exemption...

Michigan Executive Order 2020-91: What Employers Need to Know for Reopening Business
Dinsmore & Shohl LLP, May 2020

On May 18, 2020, Governor Gretchen Whitmer signed Executive Order 2020-91 (“Order”) into effect, which details the requirements on employers reopening for business in Michigan. The Order reaffirms and builds upon previous directives for employers permitted to reopen business...

1st Circuit Revives 13-Year-Old Qui Tam Suit Against Nursing-Home Pharmacy Chain, Finds Relator Was ‘Original Source’
Dinsmore & Shohl LLP, May 2020

Thirteen years after the filing of the initial complaint, the First Circuit recently revived a False Claims Act (FCA) suit, reversing the district court and holding a relator can be an “original source” without participating in or having contemporaneous knowledge about the alleged fraud. See United States ex rel. Banigan v. PharMerica, Inc., 950 F.3d 134 (1st Cir. 2020)...

Ohio House Bill 197 Passed: What This Means for Workers’ Compensation
Dinsmore & Shohl LLP, May 2020

Effective March 27, 2020, the Ohio Legislature passed House Bill 197 as a direct response to Governor Mike DeWine’s executive order earlier that month. How has HB 197 changed Ohio workers’ compensation? Two main ways: permitting public meetings and “tolling” deadlines. PUBLIC MEETINGS Section 12 of HB 197 permits government agencies to convene via video conference through Dec. 1, 2020 (unless the COVID-19 emergency ends prior to that date)...

IRS Issues Guidance on Telephonic Public Hearings for Qualified Private Activity Bonds
Dinsmore & Shohl LLP, May 2020

In light of the restrictions on gatherings imposed in many states due to the COVID-19 pandemic, the IRS has issued Revenue Procedure 2020-21, which will temporarily allow public hearings to be held by teleconference. For the purposes of IRS rules, teleconference hearings will be permitted in all jurisdictions, regardless of any state or local orders or guidance on public gatherings...

Dinsmore Earns Temporary Case Closure for Client Facing COVID-19 Financial Burden
Dinsmore & Shohl LLP, May 2020

Many clients who are engaged in litigation may also now be facing the added burden of decreased cash flow due to the economic crisis created by the COVID-19 pandemic. While courts around the country may view the situation differently, Dinsmore attorneys were recently able to help a corporate client obtain an early, administrative closure of their case due to the economic crisis they are experiencing at this time...

Return to Work: Top 5 Employer Policies for Employees Using Their Own Devices
Dinsmore & Shohl LLP, May 2020

As some businesses are reopening while COVID-19 plateaus, many employees are splitting time between working from home and working in the office. Those same employees are often using their own devices (phones, tablets, laptops etc.) in both places. The use of personal devices in a work setting can increase risk of a data breach...

IRS Regulations Are at Odds with CARES Act Regarding Taxability of Paycheck Protection Loans
Dinsmore & Shohl LLP, May 2020

The IRS has issued Notice 2020-32 addressing the ability to deduct expenses paid with proceeds of Paycheck Protection Program loans. Under Section 1102 of the CARES Act, qualifying businesses are eligible for Small Business Administration Paycheck Protection loans of up to 2.5 times their average monthly payroll, calculated as defined in the Act...

Investigations against Health Care Facilities and Nursing Homes on the Rise
Dinsmore & Shohl LLP, May 2020

The Occupational Safety and Health Administration (OSHA) is making a concerted effort to investigate coronavirus-related cases in which employers allegedly inadequately protected their workers from the pandemic, according to USA Today.[1] A total of 192 COVID-related inspections were launched between Feb. 19 and April 23. The health care industry, including hospitals, skilled nursing facilities, and assisted living facilities, appears to be the focus of the OSHA investigations...

Beer, Wine & Spirits Quarterly
Dinsmore & Shohl LLP, May 2020

    WHAT'S NEW COVID-19 Business Strategies Hub   Since the news first broke about the COVID-19 pandemic and its impact on the global economy, Dinsmore has worked diligently to create the COVID-19 Business Strategies Hub. The Hub features attorney insights and complementary webinars to help you prepare and respond to legal, regulatory, and commercial implications related to the crisis...

New “Stay Safe Ohio” Order Rescinds Non-Essential Surgery Ban and Restarts Ambulatory Care
Dinsmore & Shohl LLP, May 2020

Ohio Department of Health (ODH) Director Amy Acton, M.D., MPH, has issued a comprehensive “Stay Safe Ohio” Order to be effective May 1, which, among many other things, reopens ambulatory care in Ohio. The new “Stay Safe Ohio” Order is available here and recognizes the “sacrifices and incredible efforts” of Ohioans, which make it possible to begin lifting restrictions...

 

 

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