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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...

Paycheck Protection Program Disclosure Requirements: UPDATE
Dinsmore & Shohl LLP, April 2020

On April 27, 2020 the SEC updated its Division of Investment Management Coronavirus (COVID-19) Response FAQ and addressed a question pertinent to our article dated April 17, 2020. Question II...

Secretary DeVos Rejects Calls for Waivers – School Districts Must Comply with IDEA and Section 504
Dinsmore & Shohl LLP, April 2020

In the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Congress – among other things – directed U.S. Secretary of Education Betsy DeVos to report regarding waivers of children’s rights under the IDEA and Section 504 of the Rehabilitation Act. On April 27, DeVos announced she would not recommend that Congress pass any additional waivers concerning the requirements in those acts...

Governor Mike DeWine and Ohio Department of Health Announce Health Care Reopening May 1
Dinsmore & Shohl LLP, April 2020

On April 27, 2020, the Ohio Department of Health (ODH) Director Amy Acton, M.D., MPH, and Governor Mike DeWine announced surgeries that do not require an overnight stay may proceed on May 1, 2020. Other surgeries that meet current essential standards may continue to be performed. Additionally, dental offices and veterinary offices can resume operations on May 1, 2020...

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

In anticipation of federal and state restrictions lifting as COVID-19 cases and deaths decrease, employers should start planning their employees’ return to work now. Employers must continue to follow the CDC, WHO, and state guidance to maintain a safe workplace while also complying with multiple employment laws. The following are general considerations for employers who are strategizing their return to work...

Ohio House Members Release Guidelines for Re-Opening Ohio Businesses
Dinsmore & Shohl LLP, April 2020

On April 27, 2020, members of the Ohio House of Representatives released the Open Ohio Responsibly Framework. This framework contains recommended guidelines for opening Ohio businesses beginning on or before May 1, 2020, after weeks of business closures due to the COVID-19 pandemic...

Governmental Oversight and CARES Act Funds: Recent Treasury Department Guidance
Dinsmore & Shohl LLP, April 2020

After the nearly $350 billion in funds allocated to the Paycheck Protection Program (PPP) under the CARES Act were depleted in mid-April, Congress has approved an additional $310 billion in funds for the program. These additional funds arrive after a wave of backlash over certain businesses, such as national chains, received PPP loans...

CDC Adds New Symptoms for COVID-19 Screening – Employers Must Adjust Accordingly
Dinsmore & Shohl LLP, April 2020

On April 26, 2020, the U.S. Center for Disease Control and Prevention (CDC) updated its guidance to add six new symptoms of COVID-19. Based on this update, individuals should be cognizant of the new symptoms while self-monitoring for COVID-19 and employers should update their employee health screening procedures...

EEOC Guidance Permits Employers to Test Employees for COVID-19
Dinsmore & Shohl LLP, April 2020

On April 23, 2020, the Equal Employment Opportunity Commission (EEOC) released new guidance that permits employers to test employees for COVID-19. In an update to its publication, “What You Should Know about COVID-19 and the ADA, the Rehabilitation Act, and other EEO Laws,”[1] the EEOC advised that an employer “may choose to administer COVID-19 testing to employees before they enter the workplace to determine if they have the virus...

CARES Act Provider Relief Fund: The Next $70 Billion
Dinsmore & Shohl LLP, April 2020

On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act allocated $100 billion to the United States Health and Human Services Department (“HHS”) to provide financial relief for eligible health care providers. The first $30 billion of what is now known as the CARES Act Provider Relief Fund was released earlier in April. This initial wave was allocated among providers in proportion to their 2019 Medicare fee-for-service payments...

FDA, TTB Help Distillers Aid Communities through Hand Sanitizer Production during Pandemic
Dinsmore & Shohl LLP, April 2020

The U.S. Food and Drug Administration (FDA) recently issued a burst of COVID-19-related guidance documents to facilitate expanded availability of medical products during the current public health emergency created by COVID-19. FDA-regulated products under these temporary policies include: PPE, diagnostic tests, hand sanitizers, disinfectant devices, remote monitoring devices, ventilators, and electronic thermometers for clinical use...

FDA’s Coronavirus Treatment Acceleration Program (CTAP): Hope for a COVID-19 Cure
Dinsmore & Shohl LLP, April 2020

On March 27, 2020, President Donald Trump signed into law a $2 trillion emergency relief bill to ease the economic impact of coronavirus (COVID-19) and support response efforts. The CARES Act[1] included an allocation of $80 million in funding to the U.S. Food and Drug Administration (FDA) to continue its COVID-19 response efforts. The additional agency funding will be used, in part, for the development of medical countermeasures and vaccines...

Paycheck Protection Program Disclosure Requirements
Dinsmore & Shohl LLP, April 2020

What is it? The Paycheck Protection Program (PPP) is a loan program geared toward small businesses dealing with the jarring disruptions caused by the novel coronavirus (COVID-19). It is a part of the larger $2 trillion CARES Act and run through the Small Business Administration. It provides $350 billion in loans to help businesses keep their workforce employed during COVID-19 crisis. Who can apply? The PPP provides loans to business with fewer than 500 employees...

Coronavirus-Related Business Interruption Insurance Claims In Pennsylvania
Dinsmore & Shohl LLP, April 2020

As the country and the world grapple with the severity of the coronavirus pandemic and the necessary steps governments, businesses, and citizens are taking to mitigate the crisis and the spread of COVID-19, businesses are dealing with an unprecedented slowdown and/or shutdown of operations across many economic sectors...

Tax-Exempt Debt Payment Deferrals For Municipal Securities
Dinsmore & Shohl LLP, April 2020

The COVID-19 pandemic has delayed and lowered revenues, creating an unprecedented period of fiscal uncertainty for borrowers of tax-exempt debt. Borrowers forced to navigate these conditions may request lenders defer scheduled debt payments to help weather the storm. Borrowers and lenders of tax-exempt debt must be mindful that a deferral of scheduled payments may endanger the debt’s tax-exempt status...

Highlights of DOL Temporary Rule on Expanded FMLA and Paid Sick Leave
Dinsmore & Shohl LLP, April 2020

On April 1, 2020, the U.S. Department of Labor (“DOL”) issued a temporary rule regarding the implementation of the emergency paid sick leave and Expanded Family and Medical Leave (“EFMLA”) requirements established by the recently enacted Families First Coronavirus Response Act (“FFCRA”). The DOL temporary rule covers significant ground in terms of delineating workers’ and employers’ rights and responsibilities under the FFCRA...

Regulation Best Interest and Form CRS
Dinsmore & Shohl LLP, April 2020

The Novel Coronavirus continues to disrupt nearly every industry, including our own. In response to this and the various hardships and logistical headaches it has created, the SEC has issued certain exemptions affecting filing and delivery deadlines. For more information on this, see SEC Corona Virus Response. However, on April 2, the SEC announced that is not planning any similar actions regarding the implementation of Regulation Best Interest or Form CRS...

HB 4925 Allows Interscholastic Participation of Home School Students
Dinsmore & Shohl LLP, April 2020

On March 25, 2020, Governor Jim Justice signed into law House Bill 4925, which will take effect June 2, 2020. HB 4925 (W. Va. Code 18-2-25) provides that any student receiving home instruction pursuant to W. Va. Code 18-8-1(c), for at least one year proceeding the year proposing to be eligible, shall be eligible for participation in interscholastic athletic events and other extracurricular activities of public secondary schools serving the attendance zone in which the student lives...

CARES Act Offers Social Security Tax Deferral and Tax Credit for Certain Employers Hurt by the COVID-19 Pandemic
Dinsmore & Shohl LLP, April 2020

Section 2301 of the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) (H.R. 748) offers a refundable credit against an eligible employer’s share of Social Security payroll taxes (6...

COVID-19: Do Your Employees Qualify for Emergency Paid Sick Leave or Emergency FMLA Extension?
Dinsmore & Shohl LLP, March 2020

President Donald Trump signed the Families First Coronavirus Response Act (“FFCRA”), which will become effective on April 1, 2020 and expire on December 31, 2020. It includes guidance on which employees of private companies qualify for paid sick leave and Emergency FMLA Expansion to care for themselves and/or loved ones during the COVID-19 Pandemic. To discern if your employees qualify, please consult the flow chart below...

340B COVID-19 Updates: HRSA COVID-19 Resources and Regulatory Flexibility
Dinsmore & Shohl LLP, March 2020

As U.S. hospitals and health clinics continue preparing for novel coronavirus (COVID-19) patient surges, federal regulatory agencies are developing resources to help health care providers comply with myriad regulatory requirements. In this context, the U.S...

Disclosing COVID-19 Patient Information to Law Enforcement, First Responders, and Public Health Agencies
Dinsmore & Shohl LLP, March 2020

In an effort to streamline the provision of COVID-19 patients’ Protected Health Information (PHI) to public health authorities, the United States Department of Health and Human Services Office for Civil Rights (OCR) recently published practical guidance explaining the methods by which Health Insurance Portability and Accountability Act (HIPAA) Covered Entities may disclose COVID-19 patient PHI to law enforcement, first responders, and public health authorities...

Bank Guide to CARES Act SBA Lending Program
Dinsmore & Shohl LLP, March 2020

A quick legal reference for banks supporting small businesses Section 1 Section 2 Section 3 The Coronavirus Aid, Relief, Economic Security (CARES) Act signed into law by President Donald Trump on March 27, 2020, contains significant relief for small businesses affected by the national emergency declaration related to the COVID-19 pandemic and the aggressive actions taken by state governments across the nation to combat the spread of the virus...

Construction Impacted by Coronavirus? Know Your Lien Rights
Dinsmore & Shohl LLP, March 2020

The current coronavirus crisis has created unprecedented challenges for those in the construction industry. While many states have exempted construction activities from their shelter-in-place or stay-at-home orders, projects have nonetheless been impacted and cash flow from owners or contractors may slow or halt. As a result, contractors, subcontractors, and suppliers must be vigilant to protect their ability to receive payment on projects where cash flow might become problematic...

Tariff Exclusions on Medical Goods Due to COVID-19 Pandemic, the Exclusion Extension Process, and Other US-China Trade Developments
Dinsmore & Shohl LLP, March 2020

The United States Trade Representative (USTR) announced a period for public comment on excluding medical goods from Section 301 China tariffs if they are needed to fight the coronavirus pandemic. The USTR notice was published in the Federal Register on March 25, 2020. The USTR previously granted approximately 200 exclusions from Section 301 tariffs for medical goods because they are needed to fight the COVID-19 pandemic. The U.S...

USEPA Policy Provides Temporary Relief from Federal Enforcement due to COVID-19
Dinsmore & Shohl LLP, March 2020

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...

CARES Act Provides Eviction and Foreclosure Relief
Dinsmore & Shohl LLP, March 2020

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...

DOL Issues Additional Guidance and Materials on Paid Leave Provisions of the FFCRA
Dinsmore & Shohl LLP, March 2020

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)...

When COVID-19 Impacts Research Projects: How to Prepare and Adapt
Dinsmore & Shohl LLP, March 2020

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...

Ohio House Bill 197 to Ease Statute-of-Limitation and Discovery Burdens on Ohio’s Civil Litigants and Attorneys
Dinsmore & Shohl LLP, March 2020

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...

Government Watchdog on Alert for COVID-19 Fraud
Dinsmore & Shohl LLP, March 2020

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)...

How Kentucky Secretary of State’s COVID-19 Protocols May Affect Your Business
Dinsmore & Shohl LLP, March 2020

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...

CMS Announces Physician Payments Sunshine Act Reporting Will Continue as Scheduled
Dinsmore & Shohl LLP, March 2020

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)...

Open Meeting Laws - Sunshine Laws
Dinsmore & Shohl LLP, March 2020

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...

Order Halting Non-Essential Surgeries in Ohio May Excuse Contractual Non-Performance for Affected Health Care Providers
Dinsmore & Shohl LLP, March 2020

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)...

US Extension of Individual and Business Tax Filing Deadline to July 15
Dinsmore & Shohl LLP, March 2020

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...

State Medical Board of Ohio Relaxes Regulations in Fight Against COVID-19
Dinsmore & Shohl LLP, March 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...

Boilerplate Contract Language Coming to the Forefront: Force Majeure Clauses and COVID-19
Dinsmore & Shohl LLP, March 2020

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...

Tort-Focused Legal Considerations for Healthcare Providers and Product Manufacturers in the COVID-19 Landscape
Dinsmore & Shohl LLP, March 2020

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...

Summary of Amendments to the Families First Coronavirus Response Act on Paid Leave and Health Care
Dinsmore & Shohl LLP, March 2020

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 Department Of Health Orders Cancellation of All Non-Essential Surgeries to Preserve PPE
Dinsmore & Shohl LLP, March 2020

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...

Origins of the Force Majeure Clause and Impossibility of Contractual Performance Defense
Dinsmore & Shohl LLP, March 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 Weighs in on COVID-19
Dinsmore & Shohl LLP, March 2020

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...

COVID-19: Implications for Pharmaceutical and Medical Device Companies
Dinsmore & Shohl LLP, March 2020

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...

MSHA and COVID-19
Dinsmore & Shohl LLP, March 2020

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...

Coronavirus (COVID-19) Infection Control in Nursing Homes
Dinsmore & Shohl LLP, March 2020

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...

Just Breaking: A Preliminary Report for Employers on the Coronavirus House Bill
Dinsmore & Shohl LLP, March 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...

COVID-19 Declared a Pandemic and New Travel Restrictions Announced: What Employers Need to Know Now
Dinsmore & Shohl LLP, March 2020

On March 11, 2020, the World Health Organization (WHO) officially declared COVID-19 (“coronavirus”) a pandemic. “This is not just a public health crisis, it is a crisis that will touch every sector,” said Dr. Tedros Adhanom Ghebreyesus, WHO director-general. “So every sector and every individual must be involved in the fight.” https://www.who...

2019 Novel Coronavirus & Flu: What Employers Need to Know on Quarantines and Preventing the Spread of Disease in the Workplace
Dinsmore & Shohl LLP, February 2020

Flu season is in full swing. with the Center for Disease Control (CDC) confirming over 155,000 positive U.S. cases of influenza since Sept. 29, 2019. Simultaneously, the coronavirus COVID-19 has spread rapidly across China, with at least 70,000 confirmed cases, including 15 confirmed cases in the United States. In response, employers need to be prepared to assist employees in staying safe and complying with potential quarantines. Beginning Feb...

 

 

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