The prospect of compliance disruptions from the COVID-19 pandemic prompted the United States Environmental Protection Agency (USEPA) to create a temporary policy outlining its enforcement discretion against certain regulated entities. As this is a federal policy, some entities may not enjoy the same enforcement discretion at their state and local level ...
The CARES Act was signed into law on March 27, 2020 and provides emergency relief for the American economy by imposing certain restrictions on eviction, forbearance for certain loans, and foreclosure relief for owners of single-family and multi-family assets secured by federally-insured mortgages. The following is a summary of the relevant provisions. A ...
The Families First Coronavirus Response Act (FFCRA) is designed to help employees and employers by providing paid sick and family leave reimbursed through a refundable tax credit for private employers, in addition to other relief. The FFCRA provides two types of paid leave to covered employees: paid sick leave under the Emergency Paid Sick Leave Act (EPSLA) and expanded family and medical leave under the Emergency Family and Medical Leave Expansion Act (EFMLA) ...
With the onset of COVID-19, certain areas of academic and government-fueled research are exploding. However, universities and governments at all levels are also scaling down nonessential research tasks and limiting the enrollment of essential new human subjects or new animal experiments.[1] Similarly, private companies may be suspending or cancelling their research projects in an attempt to conserve financial resources and accommodate researchers working from home ...
On March 25, 2020, the Ohio General Assembly unanimously passed legislation providing emergency relief to Ohio municipalities, businesses, schools, and families related to COVID-19. Critical to civil litigants in Ohio, the legislation evolved to include emergency measures that will toll statute-of-limitations on forthcoming lawsuits and discovery deadlines in currently pending lawsuits ...
As the impact of the coronavirus continues to grow and develop, government watchdogs are on high alert for fraud and scams that may arise. The Chairman of the Board of Directors of the National Whistleblower Center sent a letter to Attorney General William Barr asking him to establish a nationwide task force to monitor and investigate fraud under the False Claims Act (FCA) ...
While many people begin to work from home in an effort to practice social distancing, it is important to remember that corporate needs still arise for many individuals and their businesses. Effective 5:00 p.m. on March 18, 2020, the Kentucky Secretary of State’s office closed to walk-in services. Additionally, Kentucky government agencies, including the Secretary of State’s office, have been asked to reduce staffing by 50 percent and work remotely ...
The Centers for Medicare & Medicaid Services (CMS) announced during a March 19, 2020 teleconference for physicians and teaching hospitals that it does not have the authority to postpone the statutory timeline for the Physician Payments Sunshine Act (Sunshine Act) ...
Every state has an Open Meeting Law, or Sunshine Law requiring public bodies to take official action and conduct deliberations in open meetings. Open meetings are defined as an in-person meeting open to the public with a certain number of legislators or board members physically present to establish a quorum and participate in the meeting ...
Ohio Governor Mike DeWine announced in a press conference on March 17, 2020 that all elective surgeries would be postponed in the State of Ohio effective at 5:00 p.m. on March 18, 2020 until further notice. The Order, issued by Director of the Ohio Department of Health Amy Acton, is available here: (https://content.govdelivery.com/attachments/OHOOD/2020/03/17/file_attachments/1403950/Director%27s%20Order%20non-essential%20surgery%203-17-2020.pdf) ...
The Centers for Disease Control (CDC) reports swimming is the fourth most popular recreational activity in the United States and the most popular recreational activity for children (ages 7 to 17). Statistics further show 36 percent of children and 15 percent of adults go swimming at least six times a year in the United States ...
U.S. Treasury Secretary Steven Mnuchin announced Friday on Twitter that the U.S. will extend the tax filing deadline of April 15, 2020 for 2019 individual and business tax returns until July 15, 2020. Earlier this week, the Internal Revenue Service announced that the payment deadline for any 2019 individual income tax due, including 2020 first quarter estimated payments due April 15, 2020, was deferred until July 15, 2020 ...
On March 18, 2020, the State Medical Board of Ohio (“Board”) held a special meeting, which resulted in the temporary suspension of certain regulatory enforcement activities in response to the COVID-19 pandemic. Telemedicine Effective immediately, the Board will suspend enforcement of any regulations requiring in-person visits between providers and patients ...
The rapid spread of COVID-19 and the swift and sweeping action from government agencies at all levels are having a ripple effect on markets. These events are causing significant disruption in most industries, including the cancellation/postponement of major conferences and events like South by Southwest, March Madness, and Facebook’s F8, and Mobile World Congress. One impact is that many companies are struggling to meet their obligations under their contracts ...
Introduction While the long-term litigation effects of the COVID-19 pandemic may not materialize for months – or even years – it is important for tort litigation attorneys and their clients to begin preparing now for potential legal issues that may arise. This bulletin is intended to serve as a non-exhaustive list of tort-focused legal considerations for health care providers, product manufacturers, and their attorneys in the new and ever-evolving COVID-19 landscape ...
In the early hours of Saturday, March 14, 2020, the United States House of Representatives passed the Families First Coronavirus Response Act (FFCRA), which is designed to expand relief in response to the COVID-19 outbreak, through access to free testing, enhancing food assistance, increasing Medicaid funding, and providing paid sick leave and unemployment benefits to workers ...
Ohio continues to be a leader in proactive restrictions to stop the spread of COVID-19 and securing the resources necessary to do so. On March 17, 2020, Ohio Governor Mike DeWine and Ohio Department of Health (ODH) Director Amy Acton, MD, MPH announced an ODH Order requiring the cancellation of all non-essential or elective surgeries or procedures that use personal protective equipment (PPE). This Order is effective at 5:00 p.m., Wednesday, March 18, 2020 ...
Our colleagues have discussed the application and interpretation of force majeure clauses in contracts related to COVID-19 disruptions. These clauses are included in a contract by the parties and spell out the circumstances under which performance will be excused during one of the specified circumstances, such as natural disaster, disease, epidemic, or pandemic ...
The Equal Employment Opportunity Commission (EEOC) issued a public statement on its website on Wednesday, March 18, 2020, providing updated guidance on acceptable employment practices in light of the ongoing COVID-19 pandemic. The statement highlights common questions employers may have regarding how to manage employee issues related to COVID-19 and provides guidance ...
The coronavirus is making a significant impact to our daily lives in every respect. This includes a growing impact on the global economy and the day-to-day business activities of pharmaceutical and medical device companies. This legal alert summarizes the evolving situation and its implications on the operations of life sciences companies. HHS Declaration of Liability Immunity Issued The U.S ...
The Ohio State Dental Board (“Dental Board”) issued a COVID-19 advisory Monday, March 16, 2020, at the direction and request of Governor Mike DeWine ...
On Friday, March 13, 2020, the Department of Health and Human Services (HHS) announced several waivers of existing Centers for Medicare and Medicaid (CMS) regulations pursuant to Section 1135(b) of the Social Security Act, including the waiver of certain Emergency Medical Treatment and Active Labor Act (EMTALA) obligations and Medicare conditions of participation during the COVID-19 pandemic ...
Less than one week ago the World Health Organization (WHO) declared COVID-19 (coronavirus) a pandemic. In the days that have followed, the United States House of Representatives passed the Families First Coronavirus Response Act (FFCRA) to provide access to testing, food assistance, Medicaid funding, paid sick leave and unemployment benefits to workers. The United States Senate is expected to pass a version to be signed into law in the near future ...
During the outbreak of the coronavirus (COVID-19), nursing home safety is a top priority, since most of the residents are at a higher risk of getting sick from the virus.[1] To help control and prevent the spread of the virus in nursing homes, the Centers for Medicare & Medicaid Services (CMS) provided additional guidance on March 13, 2020 ...
In the early hours of Saturday, March 14, 2020, the House of Representatives passed the Families First Coronavirus Response Act, which is designed to expand relief in response to the coronavirus disease (COVID-19) outbreak, through access to free testing, enhancing food assistance, increasing Medicaid funding, and providing paid sick leave and unemployment benefits to workers ...
