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Areas of Opportunity in Columbus: Highlights from the Columbus Opportunity Summit

Client Alert

On April 27, 2023, Columbus Business First held its annual Columbus Opportunity Summit, bringing together business and economic development leaders to provide an update on how Central Ohio is preparing for expected growth in the coming years, an issue heightened by the arrival of Intel at its 1,000-acre site in Licking County, just outside of Columbus. The site will be home to two new chip factories with room to grow to a total of eight factories and is a $20 billion investment.

Logistics

Ohio already is known as the ‘heart of America.’ It is within one day’s drive of 60% of the continental U.S. Ohio is also the fourth largest rail transporter by mileage and suppliers. Areas for opportunity include supporting and scaling logistical providers and connecting local and regional supply chains.

Infrastructure

New Albany, a suburb minutes from Downtown Columbus, has earmarked $300M to grow infrastructure with a focus on connecting people to their everyday needs. This means that developing communities will include jobs, housing, groceries, and daycares in one central location. Areas for opportunity include city and regional planning with a focus on connecting to adjacent communities.

AEP is working to bring fiber to its existing broadband network and has implemented technology that helps share electricity loads to help cover areas experiencing outages. Areas for opportunity include training and hiring line workers and other skilled labor forces.

Ohio’s Site Inventory Program

Ohio has implemented its Site Inventory Program to help Ohio be competitive for site selection projects. The program provides authenticated sites that are “shovel ready,” meaning they have power and water on site and have state and federal approval without limits. There are currently 30-40 authenticated sites in Ohio.

Conclusion

Columbus has demonstrated significant growth in commerce and population, and with the arrival of Intel, central Ohio cities will need to collaborate to grow together and connect their development. Cohesive growth will be essential for competing for federal funding and building successful long-term systems. BMD has significant experience in business growth, construction law, contract negotiation, compliance with federal grant laws, and employment law issues. If you would like to discuss these topics further, please contact Kelly Jena at Kejena@bmdllc.com.


Five Common Pitfalls for Employers to Watch Out for Under the Fair Labor Standards Act

The Fair Labor Standards Act (FLSA) sets forth requirements for employers including, but not limited to, minimum wage, overtime pay, and recordkeeping for covered employees. These requirements are not as simple as they may appear on their face, which leads many employers to fall into compliance issues that they did not realize even existed.

The NLRB Limits the Reach of Confidentiality and Non-Disparagement Provisions in Severance Agreements Overruling Trump-Era Policies

Employers should exercise caution and closely examine the content of severance agreements to ensure compliance with a recent National Labor Relations Board (“NLRB”) decision.  On February 21, 2023, the NLRB restricted the breadth of permissible language of confidentiality and non-disparagement clauses when it issued its decision in McLaren Macomb and overruled its Trump-era decisions in Baylor University Medical Center and IGT d/b/a International Game Technology.

Ohio Medical Board Releases New Telehealth Rules

On Tuesday, February 21, 2023, the State Medical Board of Ohio released its final telehealth rules to implement Ohio’s telehealth statute (O.R.C. 4743.09) for physicians, physician assistants, dieticians, respiratory care professionals and genetic counselors. Ohio’s advanced practice registered nurses (“APRNs”) should also take note of these rules. While the Medical Board does not govern APRNs directly, those APRNs who are required to have a collaborating physician and standard care arrangement (namely nurse practitioners, certified nurse midwives, and clinical nurse specialists) are still affected by the rules. Generally, if an APRN’s collaborating physician is limited in their practice, then the APRN will also be limited.

The End of the Public Health Emergency is (Finally) Here

The COVID-19 Public Health Emergency (“PHE”) that has been in effect for over three years is finally slated to end on May 11, 2023.[1] With the end of the PHE will come many changes for healthcare providers to be aware of; however, some changes may not come until much later.

Multi-340B Contract Pharmacy Locations on the Brink? The Third Circuit’s Ruling Gives a Hint.

The 340B drug discount program requires pharmaceutical manufacturers to offer to sell their products at significant discounts to safety net providers called “covered entities.” In 1996, the Health Resources and Services Administration (HRSA) issued guidance authorizing covered entities to enter into a contract pharmacy arrangement with a single third-party contract pharmacy, to which the manufacturer would ship 340B medications but bill the covered entity. In 2010, HRSA issued revised guidance permitting covered entities to enter into an unlimited number of contract pharmacy arrangements.