Insights & Resources

COVID-19 Resource Center

Amid growing concerns about the COVID-19 (coronavirus) outbreak, every industry is forced to respond quickly and accurately to this evolving situation. A cross-disciplinary team of Bricker attorneys is regularly monitoring COVID-19 news and guidance to help our clients assess the potential impacts on their operations.

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Public Meetings

For questions regarding current rules in effect for public meetings, please review our publication on the July 1, 2021, legislation. Also, contact Caleb Bell, Nicole Donovsky, Chris McCloskey or Brodi Conover.

Key Contacts

Joshua D. Nolan Cleveland

Justin Ristau Columbus

Insights

Strange bedfellows? Insurance and political protests clash in the era of COVID

Mask on, mask off: Eighth Circuit Court of Appeals determines mask requirement can be a reasonable accommodation for students

New transportation monitoring system for school districts may lead to significant penalties

ARPA final rule – The “B-sides collection”: Seeding revolving loan funds

CMS issues updated guidance for certified facilities on COVID-19 vaccine requirement as public health emergency continues

U.S. Supreme Court halts OSHA vaccine-or-test rule; Upholds CMS vaccine mandate

2021 second half year-end review and 2022 preview

Legal updates on challenges to CMS vaccination mandate may cause more uncertainty

Senate Bill 229: Remote and blended learning for 2021-2022

County land banks ideally suited to help spend ARPA stimulus cash

Hold the press! Federal court issues national injunction blocking CMS vaccine mandate for health care workers

OSHA stays implementation of vaccine mandate, pending Sixth Circuit review of the legal challenges

OSHA’s vaccine or test mandate is stayed

Are remote injuries compensable under Ohio workers’ compensation laws?

Long-awaited federal vaccine mandates are here!

COVID-19 vaccines now available for most children and all teens

Trying to fit that square peg in a round hole? Your efforts at spending ARPA stimulus may get easier with pending changes

More federal courts dismiss legal challenges to hospital vaccine mandates

Reducing workers’ compensation and OSHA liability during COVID-19 and beyond

The Sixth Circuit keeps the insurers’ COVID-19 coverage streak alive: Insurers 3-0

Pfizer’s COVID booster doses now available for certain groups of people

The Eleventh Circuit hands A COVID-19 coverage win to the insurer

Federal and local COVID-19 updates

Federal court strikes down religious challenge to mask requirement

Public Records Act nuances to be aware of

Rational basis or strict scrutiny; a tale of two university vaccine policies

The balance of power: “Quarantining” versus “excluding” students under Senate Bill 22

FDA full approval of Pfizer vaccine should reduce risk of employer mandates

Understanding the current resources for expanding broadband connectivity

University vaccine mandate constitutionality: A review of the US Seventh Circuit’s IU decision

School Districts: Starting August 3, 2021, Ohio Senate Bill 57 authorizes property owners to seek real property tax reductions due to COVID-19 for Tax Year 2020

Local governments: Be careful using consent agendas

Ohio law prohibits COVID-19 vaccination mandates for public schools; Outlaws mandates of vaccines without “full” FDA approval and “discrimination” against unvaccinated

Ohio bill prohibits COVID-19 vaccination mandates for public schools and universities; Outlaws mandates of vaccines without “full” FDA approval and “discrimination” against unvaccinated

Updates to blended and online learning

8th Circuit denies COVID-related business income claim in first federal appellate ruling

Leveraging the growing resources for broadband connectivity for schools

Local governments: The end of the virtual public meeting? All is not lost

Municipalities: The end of the virtual public meeting? All is not lost

School boards: The end of the virtual public meeting? All is not lost

OSHA issues updated guidance on mitigating and preventing the spread of COVID-19 in the workplace

State of emergency in Ohio lifted

EEOC updates and expands COVID-19 guidance regarding vaccination of employees

OSHA’s new COVID-19 Emergency Temporary Standard for the health care industry

American Rescue Plan and Higher Education Emergency Relief Fund III: What institutions of higher education need to know

ESSER III: Funding school construction

What your district needs to know with COVID-19 legislation and orders set to expire

Ohio House Bill 6 affects changes to COVID-19 vaccine and test administration and certain temporary licenses

ESSER III: Receiving and spending your district’s dollars

Ohio’s COVID-19 health order to be removed June 2

Ohio Senate Bill 57 provides real property tax reduction opportunities

CFPB issues warning to mortgage servicers

Enrolled vaccine providers may now vaccinate employees and partner with employers to provide vaccines

ESSER & HVAC: What school districts need to know

Federal and Ohio tax deadlines extended

Ohio federal judge rules against CDC’s eviction moratorium

COVID-19 fraud, scams and schemes highlighted on OIG COVID-19 Portal

OSHA obligations for hospitals with COVID-19 positive employees

MDHHS issues interim guidance for higher education COVID-19 testing; suggests mandatory weekly testing for undergraduate students living on or near campus

ODH issues guidance on redistributing COVID-19 vaccine doses

Providers should account for extra doses of COVID-19 vaccines in their vaccination plans

Second COVID-19 stimulus does not extend FFCRA’s paid leave requirements; Tax credits extend through March 31

Congress does not extend FFCRA leave in latest coronavirus relief

Second stimulus bill contains “surprise” billing measure

EEOC issues guidance on employer-mandated COVID-19 vaccine programs

What health care providers need to know as COVID-19 vaccines arrive in Ohio

Biden nominee for CDC director shows great interest in university COVID-19 preparedness, sets “very high bar” for reopening in-person instruction

Shorter quarantine options available for employees exposed to COVID-19

Hospital COVID-19 visitor restrictions must still comply with the ADA

Will you be ready when the COVID-19 vaccines arrive?

Hearing discusses future pandemic risk management

Virtual Public Meeting option extended through July 1, 2021

Ohio Governor DeWine issues three-week statewide curfew

Considerations related to the CDC’s updated definition of close contact

Ohio BWC Board of Directors to vote on $5 billion dividend for employers

So, you want to record your lessons. What should you consider?

Ohio Medicaid telehealth changes made permanent

BWC to provide $1.5B for Ohio employers

EEOC elaborates on ADA compliance: COVID-19 and the return to work effort

Ohio Legislature grants qualified immunity to schools for COVID-19 related lawsuits

The Department of Labor’s revised FFCRA regulations address the intersection of intermittent leave and a school district’s use of hybrid learning models

U.S. Department of Labor issues revised FFCRA rules in response to New York District Court decision

Governor signs qualified immunity bill for COVID-19 related lawsuits

COVID-19 Update: CMS announces resumption of survey activities

Medicare to begin requiring orders for repeat COVID-19 and related tests

CMS issues new COVID-19 guidance, including nursing home staff testing requirements

Potential liability and defenses related to COVID-19 for public educational institutions

COVID-19 Update: OCR updates guidance on contacting former COVID-19 patients about blood and plasma donation to add health plans

CMS to require a positive COVID-19 viral test result for additional 20 percent Medicare payment

Ohio Governor DeWine recommends $1.5 billion payment to employers

Preparing to serve Ohio’s students with disabilities during the 2020-2021 school year

Expansion of Medicare telehealth services and ACA short-term health plans may be here to stay

More uncertainty ahead for employers after New York District Court strikes down parts of FFCRA regulations

COVID-19 Update: CMS waivers continue as public health emergency extended, debate grows on which waivers should become permanent

CARES Act updates for higher ed

DeWine announces statewide mask mandate, HB6 repeal developments and broadband updates

DeWine announces statewide facial covering requirement and travel advisory

Medicare program resuming fee-for-service audits and DMEPOS prior authorization program paused during COVID-19 pandemic

IRS moves CHNA due dates to December 31, 2020

Governor DeWine addresses the state; Level 3 county updates; new local mask ordinances

DeWine announces new counties with mandatory mask requirement; plans for colleges and universities to reopen; education COVID plan implementation funding

New Ohio rules of practice and procedure effective July 1

DeWine announces new county-specific mask requirements, general business and social distancing and industry specific orders extended

ACGME sponsoring institution emergency categorization

What’s in your toolbox? A legal guide to K-12 instructional delivery options for 2020–2021

Anticipating COVID-19 enforcement action: Risks for providers

COVID-19 Update: New EEOC guidance states that ADA prohibits employers from requiring coronavirus antibody tests

COVID-19 Update: OCR issues guidance on contacting former COVID-19 patients about blood and plasma donation

Ohio Governor and General Assembly updates

Coronavirus and captives...the new future of insurance?

Increased reimbursement for hospital stays for Medicare beneficiaries with COVID-19 diagnosis likely to lead to audits and False Claims lawsuits

PUCO grants request to suspend door-to-door marketing

The Paycheck Protection Program Flexibility Act of 2020, passed by Congress, goes to the president for signature

All surgeries and procedures may resume, according to Ohio governor

Surprise COVID-19 medical bills: What providers can and cannot do

FERC commissioners dispute natural gas project approvals

Governor DeWine and Ohio BWC to further defer employer premiums

SBA releases Paycheck Protection Program (PPP) loan forgiveness application and interim final rule

COVID-19 Update: Ohio issues final plan for health care isolation centers

Need face coverings for your workers? Two million face coverings are headed to Ohio employers

Is OSHA knocking at your door more often? Here’s why.

Ohioans Protecting Ohioans order issued

Unjust enrichment claims in tuition refund class actions: No pain, no gain, no claim

COVID-19 relief for health plans and participants: Employers and employees get mid-year break on cafeteria plan changes and COBRA deadlines

DeWine announces more Ohio reopenings

EEOC provides COVID-19 return to work guidance for high risk workers as Ohio governor urges they stay home

ACGME issues procedures for investigation and enforcement of non-compliance with its COVID-19 requirements

CMS issues nursing homes best practices toolkit to combat COVID-19

COVID-19 Update: Final rule adopted requiring long-term care facilities to report COVID-19 data

Two federal courts find SBA “ineligibility rules” inapplicable to PPP loans

COVID-19 Update: CMS allows hospitals to provide swing bed services

FAQs regarding voluntary disclosure

Tuition refund class actions: The latest COVID-19 casualty

RestartOhio in full swing

The FFCRA and other laws affecting the return to work

A virus walks into a bar...

Got masks? Ohio Manufacturing Alliance knows where to get them!

COVID-19 Update: Providers beware – OCR reiterates that HIPAA restrictions on disclosures to the media apply during the pandemic

Gov. DeWine announces 2020 fiscal year reduction in budget expenditures

COVID-19 Update: The impact of COVID-19 on health care private equity due diligence

COVID-19 Update: New CMS changes that impact medical education

ODJFS provides online form to report employees who quit or refuse to return to work because of COVID-19

COVID-19 Update: Medicare to waive more testing, telehealth, hospital requirements

COVID-19 Update: ODH issues order allowing providers to resume some non-essential surgeries and procedures

Ohio COVID-19: Stay Safe Ohio order

Reopening business amidst COVID-19: No one-size-fits-all approach for managing employment law risks

COVID-19 Update: CMS issues explanatory guidance on Stark Law blanket waivers

Governor DeWine outlines Responsible Restart Ohio plan

5 issues to consider if your customer files bankruptcy

COVID-19 recovery: Financial aid and resources for hospitals and health care providers

COVID-19 recovery: Legal considerations for hospitals and health systems planning for post-pandemic operations

COVID-19 Update: EEOC approves testing employees for coronavirus before returning to work

A closer look at CARES Act funding requirements for K-12

Chubb CEO warns retroactive business interruption claims could be fatal to insurance industry

Clinical research flexibilities during the COVID-19 public health emergency

DOE releases additional $6.3 billion for higher education institutional costs, provides FAQ guidance

Practical strategies to limit preference liability

COVID-19 Update: CMS and ONC delay interoperability rules

COVID-19 Update: ODH announces elective surgery order

COVID-19 Update: Beware of cooperation in the labor market

COVID-19 Update: Pandemic implications for GME programs

Ohio Auditor clarifies use of electronic signature on official documents

Ohio Power Siting Board approves solar farm amidst pandemic

COVID-19 Update: CMS issues guidelines on providing non-emergent and non-COVID-19 health care

COVID-19 Update: Providers participating in COVID-19 clinical trials now eligible for MIPS credit

COVID-19 will not further extend Ohio’s hemp application deadline

COVID-19 Update: CMS issues guidance on transferring long-term care residents

CARES Act: Incentivizing charitable contributions

City of Columbus officials say keeping new construction and other development moving through the approval process is a top priority

COVID-19 Update: CMS and Ohio Board of Pharmacy issue new and updated regulatory waivers

Governor DeWine looks to reopen Ohio amid COVID-19

U.S. Department of Education releases $3 billion for COVID-19 relief

Business interruption insurance coverage and COVID-19

COVID-19 Update: New Ohio orders require nursing homes and residential care facilities to notify residents of COVID-19 cases and require first responders to be told of COVID-19 cases

What all employers are asking about health and retirement benefits during COVID-19

Don’t let good intentions come back to haunt you: Protections for landlords to consider when granting temporary rent relief under commercial leases due to COVID-19

COVID-19 and unemployment insurance: How to manage employees who decline to return to work

COVID-19 Update: DOL, HHS and Treasury issue FAQs for group health plans and insurers on COVID-19 testing and provider visits

Municipal income tax withholding: Working from home amid pandemic

COVID-19 and ERISA disability claims

COVID-19 Update: OCR announces HIPAA enforcement discretion for community-based testing sites

Ohio Department of Education issues guidance on teacher evaluations conducted during COVID-19 and beyond

COVID-19 Update: OCR issues bulletin on civil rights laws during public health emergency

Ohio BWC to send $1.6 billion in dividend payments to employers

Student loans and wage garnishments under the CARES Act

COVID-19 Update: OIG extends Kickback Statute protection to arrangements covered by blanket COVID-19 Stark law waivers

FEMA accepting local government applications for its Public Assistance Grant Program for COVID-19 expenses

CARES Act: Extension of Social Security tax payments and estimated tax payments

COVID-19 collaboration: Use of higher ed facilities by health care institutions

COVID-19 Update: Data sharing requests and orders for hospitals

COVID-19 Update: New guidance on HIPAA issues

DOL issues temporary regulations implementing the FFCRA

Local government applications for FEMA’s Public Assistance Grant Program for COVID-19 expenses currently accepted

Ohio extends Stay At Home order

Recent CFPB guidance provides flexibility for investigating consumer credit reporting disputes

Dispensing with evaluations of teachers and administrators under H.B. 197: Are the benefits worth the legal risks?

Ohio Governor signs Executive Order on commercial evictions and foreclosures

The current impact of the CARES Act on K-12 education

U.S. Department of Education discusses best practices for maintaining FERPA and virtual learning during COVID-19

Useful guidance for distance learning reissued

Voluntary disclosure considerations during the COVID-19 pandemic

Changes to workers’ compensation statute of limitations due to COVID-19

Ohio BWC waives employer program requirements

Construction services included in the CARES Act

COVID-19 Update: CMS issues new 1135 blanket waivers

COVID-19 Update: HHS issues 18 blanket waivers of enforcement of Stark law

Federal tax filing date extended

Ohio EPA guidance for navigating compliance-related issues during COVID-19

Ohio EPA information on communicating with the agency and the submission of files

Ohio EPA information on COVID-19 and public water systems

CARES Act provisions targeted at state and local governments

CARES Act SBA loan program

House Bill 197: Ohio Legislature responds to K-12 needs during COVID-19 pandemic

Ohio extends income tax filing and estimated payment deadline

Ohio’s Emergency COVID-19 Response Bill (H.B. 197) and the Ohio Supreme Court order the tolling of statutes of limitations and other litigation deadlines

US EPA issues temporary enforcement policy in wake of COVID-19

CARES Act provisions offer relief for families who need to access retirement funds due to COVID-19 pandemic

COVID-19 Update: Health care provisions of the federal stimulus bill

COVID-19 Update: How Ohio's coronavirus emergency bill impacts health care providers

DOL issues a Families First Coronavirus Response Act poster

Potential impacts of H.B. 197 on Ohio EPA regulated entities

President signs stimulus act providing additional aid to unemployed

COVID-19 Update: Cost-report reimbursement impact of expanding hospital inpatient bed capacity

COVID-19 Update: HHS implements president’s executive order to prevent medical resource hoarding

COVID-19: Practical suggestions for business transactions and loan closings

Legal update and action plan regarding pandemic child care in Ohio

Ohio EPA’s power plant efficiency rules

U.S. Department of Education issues updated FAQs concerning FERPA and COVID-19

Ohio COVID-19 legislation

Public body meetings and hearings may be held virtually during the State Emergency

COVID-19 and drinking water and wastewater

COVID-19 Update: CMS announces relief for providers participating in quality reporting programs

COVID-19 Update: ODI issues bulletin on out-of-network coverage for coronavirus testing and treatment

COVID-19: Additional considerations for school district labor and employment issues

Fannie Mae releases new Lender Letters on originations and appraisals

Greene County recorder resumes processing of mail, offers links to online index books

Ohio BWC defers employers’ premium payments

Special education continuation concerns

Understanding Ohio's Stay at Home Order

USEPA information on disinfectants for use against coronavirus

An overview of the Families First Coronavirus Response Act for public employers

COVID-19 Update: ODM issues emergency telemedicine rule

COVID-19 Update: OMHAS issues emergency telemedicine rule

COVID-19 Update: President signs Families First Coronavirus Response Act

Disaster loans now available to Ohio’s small businesses

Examining the defense of impracticability: Does the COVID-19 pandemic qualify as an “unforeseen event” that could render a UCC contract impractical?

How OSHA and the BWC recommend employers manage COVID-19 and the need for personal protective equipment in the workplace

Tax payment deadline extended 90 days but filing deadline remains

COVID-19 Update: Extending Medical Staff appointment/privilege periods during the coronavirus outbreak

COVID-19 Update: FDA announces policies to increase availability of coronavirus testing

COVID-19 Update: Ohio Pharmacy Board issues guidance regarding practice of pharmacy

HUD/FHFA announce details of foreclosure and eviction moratorium

Workers’ compensation implications of COVID-19 for employers

Coronavirus and its impact on Ohio's primary election

County recorders’ offices across Ohio are limiting hours/closing to the public

COVID-19 Update: Governor DeWine asks all employers to take employees’ temperatures every day

COVID-19 Update: President Trump expands Medicare telehealth benefits during coronavirus outbreak

COVID-19 Update: Telehealth – waiver of HIPAA requirements and expanded flexibility

Online filings with the Ohio Secretary of State are experiencing delays

PUCO provides guidance in light of declared state of emergency

PUCO suspends in-person filings

Utilities temporarily halt disconnections

COVID-19 in Ohio: A government relations update

COVID-19 Update: HHS issues EMTALA waiver for actions necessitated by COVID-19

COVID-19 Update: HHS issues limited 72-hour HIPAA waiver for hospitals

COVID-19 Update: U.S. Department of Education issues Title IV guidance

COVID-19: OSHA issues employer guidance

Cuyahoga County courts and others adopt new business continuity procedures

Force majeure provisions: Dusting off a law school exam topic for the COVID-19 pandemic

Update on FERPA and the 2020 Census for college/university student housing administrators

Bankruptcy court announces new procedures in response to the COVID-19 pandemic

COVID-19 Update: OMHAS issues guidance for opioid treatment programs

COVID-19 Update: What the president’s declaration of national emergency means for health care facilities

Industrial Commission hearings during the COVID-19 pandemic

Ohio offers employers relief for COVID-19 related work disruptions

COVID-19 developments in employee medical insurance

Legal considerations related to Ohio’s school closure

COVID-19 Update: Preparedness for long-term care facilities

COVID-19 Update: Survey suspension FAQs

Ohio public school (K-12) guidance for coronavirus with Q&A

COVID-19 Update: CMS issues EMTALA guidance

COVID-19 Update: Ohio confirms first cases

COVID-19 and spring break travel: Maintaining a healthy workplace

COVID-19 Update: Reimbursement issues – Who is picking up the tab for coronavirus testing?

CMS announces actions to address the spread of COVID-19

Preparing for a COVID-19 outbreak: What do health care employers need to know?

Coronavirus: Patient privacy implications

Coronavirus and influenza: Key issues for employers

Lindsmith discusses pandemic-related litigation

Litigation partner Quintin Lindsmith reviewed the difference in litigation during the COVID-19 pandemic and the flu pandemic of 1918, featured in Columbus Bar Lawyers Quarterly.

More Nov 5, 2020

Is my business essential? Slagle says it may take a case-by-case analysis

In an Ohio Manufacturers Association (OMA) conference call alongside Lt. Gov. Jon Husted, Bricker attorney Chris Slagle advised that operations must be evaluated on a case-by-case basis.

More Mar 27, 2020

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