Insights
Client Advisories
- December 20, 2021
Labor & Employment Alert: Sixth Circuit Court of Appeals Lifts Stay on OSHA ETS for Vaccination and Testing for Employers with 100 or More Employees
In a 2-1 decision on Friday, December 17th, the Sixth Circuit Court of Appeals lifted the stay on the Occupational Safety and Health Administration's (OSHA) enforcement of the emergency temporary standard (ETS) requiring employers with 100 or more employees to implement a mandatory vaccination program for employees or, alternatively, to require employees to submit to weekly COVID-19 testing and wear a face covering at work. Originally, unvaccinated workers were to begin wearing masks by December 5, 2021 and begin providing weekly negative test results beginning January 4, 2022. - December 2, 2021
Health Care Alert: COVID-19 Vaccine Mandates Paused by the Courts for Many
Employers in many industries have been in the process of implementing a number of COVID-19 vaccination policies as required by various federal agencies. There are currently three mandates that may affect employers: 1) OSHA emergency temporary standard (OSHA ETS) affecting employers with >100 employees; 2) Federal contractors (Federal Contractor Mandate); and 3) Centers for Medicare and Medicaid (CMS) mandate affecting facility-based healthcare providers and suppliers (CMS Mandate). - November 5, 2021
Labor & Employment Alert: OSHA Issues its Emergency Temporary Standard for Vaccination and Testing for Employers with 100 or More Employees
The Occupational Safety and Health Administration (OSHA) issued its Emergency Temporary Standard ("ETS") requiring employers with 100 or more employees to implement a mandatory vaccination program for its employees or. Or, as an alternative, adopt a program for employees to either get vaccinated or submit to weekly COVID-19 testing and wear a face covering at work. - November 4, 2021
Health Care Alert: CMS Announcement Requiring Medicare Providers to Vaccinate Employees Excludes Physician Practices
This morning, the Centers for Medicare and Medicaid (CMS) announced the formal requirement that Medicare and Medicaid providers must require all eligible staff to be vaccinated against COVID-19. The list of providers who are held to this standard are all facility-based providers that are subject to CMS's Conditions of Participation (COPs). Although this list excludes physician practices it does include a myriad of other entity types. - November 1, 2021
Labor & Employment Alert: EEOC Provides Technical Guidance on Vaccine "Religious" Objections
All employers dealing with, or considering imposing Covid vaccine requirements on employees have, no doubt, been concerned about how to respond to individuals asserting a right to an exemption for "religious" reasons. - September 28, 2021
Client Alert: HRSA Announces 60-Day Grace Period for Round 1 of Provider Relief Fund Reporting
The Health Resources and Services Administration (HRSA) just announced that the first reporting period deadline for Provider Relief Funds (PRF) will not be enforced until November 30, 2021. - September 10, 2021
Labor & Employment Alert: Mandatory COVID-19 Vaccinations are Coming
On September 9, 2021, the Biden Administration announced a number of initiatives designed to address the COVID-19 pandemic and vaccine hesitancy. President Biden will be signing Executive Orders requiring all heath care workers, Executive Branch employees, and certain Federal contractors to be fully vaccinated. - August 26, 2021
Healthcare Alert: State Medical Board of Ohio Updates Telemedicine Enforcement Date
Attorney Nicole Thorn discusses recent changes to the flexibility that allowed many to launch telemedicine during the COVID pandemic. - June 29, 2021
Healthcare Alert: Impacts to Health Care Providers as Ohio Governor Lifts State of Emergency
On June 18, Governor DeWine lifted Ohio's public declaration of emergency in place due to the impacts of COVID-19. For many health care providers, this status along with the federal public health emergency status caused many licensing authorities and regulators to relax certain laws regarding the provision and delivery of health care. - June 17, 2021
Health Care and Employment Alert: OSHA's Emergency Temporary Standard for Health Care Employers and COVID-19 Guidance for Non-Health Care Employers
On June 10, 2021, OSHA announced the issuance of an emergency temporary standard (ETS) to protect health care workers from COVID-19. The ETS will go into effect immediately upon publication in the Federal Register, which should occur imminently. In addition to the ETS, OSHA has issued guidance to all other employers on mitigating and preventing the spread of COVID-19 in the workplace. - June 15, 2021
Healthcare Alert: Provider Relief Fund Reporting Updates Announced
On June 11, the Department of Health and Human Services (HHS) announced some changes to the Provider Relief Fund (PRF) Reporting Requirements and somewhat relaxed guidance on reporting timeline obligations. - May 12, 2021
Cybersecurity Alert: More Industries Falling Victim to Cybersecurity Breaches
Alexandra Dattilo discusses the growing list of industries that have fallen victim to cybersecurity breaches, including a recent ransomware attack on the largest refined products pipeline in the United States. - May 11, 2021
Environmental Alert: Environmental Audits - A Key Risk Management Tool for the Regulated Community
As the regulated community continues to expect an increase in regulation-related environmental matters, now is the time to implement risk management tools to guard against potential liabilities. - April 16, 2021
Labor & Employment Alert: Federal "American Rescue Plan" Creates New COBRA Obligations for Employers
Partner Stephen Bond discusses Section 9501 of the American Rescue Plan which creates new obligations for employers who offer health insurance to employees. Beginning April 1, 2021, terminated/reduced hour employees who have lost their health insurance coverage can, under COBRA, continue to receive benefits, and the employee is not required to pay the premium. - April 8, 2021
Client Alert: Updates to the Ohio Nurse Practitioner Standard Care Arrangement
Since February 1, 2021, Ohio nurse practitioners can update their standard care arrangements to allow for greater flexibility. - March 18, 2021
Client Alert: Ohio to Shorten Time to Bring Suit on Some Contracts
In Ohio, statutes of limitation are established by particular sections of the Ohio Revised Code that set the limitations periods depending on the type of claim at issue. There is a statute of limitations for almost every claim possible, from tort claims, to contract claims, to property claims, and almost any claim in between. Understanding the limitations period applicable to your claim is critical because, in most circumstances, once the statute of limitations has run, you are barred from bringing a lawsuit. - March 10, 2021
Cybersecurity Alert: FAA Releases New Rules Concerning Drone Use
The U.S. Department of Transportation's Federal Aviation Administration (FAA) recently released two finalized rules that will likely further increase the commercial use of drone technology. These rules will require Remote ID of drones, and allow drone operators to conduct flights over people, moving vehicles, and at night under certain circumstances. - February 9, 2021
Environmental Alert: Expectations for Environmental Regulation under the Biden Administration
Partner Meagan Moore discusses President Biden's environmental agenda and expectations for regulation under his administration. - February 5, 2021
Cybersecurity Alert: Data Breaches Can Happen to Anyone
Partner Alexandra Dattilo discusses the latest data breach at an AmLaw 200 firm and reminds businesses to conduct proper pre-breach planning and response protocol preparations to mitigate risks of a breach and potential losses. - February 3, 2021
Labor & Employment Alert: Executive Order Highlights Legal Protections Against Discrimination Based on Gender Identity or Sexual Orientation
Partner Stephen Bond discusses the President's Executive Order 13988, "Preventing and Combatting Discrimination on the Basis of Gender Identity or Sexual Orientation." - January 12, 2021
Environmental Alert: Five Tips to Support Compliance with Environmental Regulations in 2021
This inaugural edition will provide a checklist of action items regulated businesses should take at the start of the year to ensure compliance with applicable environmental laws. - January 7, 2021
Cybersecurity Alert: IoT Security Bill is Signed Into Law
In December of 2020, President Trump signed into law a bipartisan bill that mandates security standards for federal purchases of internet-connected devices. This law, the IoT Cybersecurity Improvement Act (the Act), yields new national rules governing the growing market for the industrial internet of things (IoT) technology.