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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.


Will Federal Legislation Open Cannabis Acquisition Floodgate?

Are potential buyers quietly lobbying at federal and state levels to kick open the door to launch a new round of strategic acquisitions? Will presently pending federal legislation, the SAFE and MORE Acts, providing safe harbor for banks and re- or de-scheduling marijuana, be sufficient to mobilize into action major non-cannabis companies that previously shunned the cannabis industry due to the unknown implications of owning businesses whose activities are illegal under federal law?

The Future of the Families First Coronavirus Response Act

Over the last year we all have had to adjust to the new normal ushered in by the coronavirus pandemic. Schools and daycares closed, businesses transitioned from in-office work to work from home, bars and restaurants have closed their doors...all to slow the spread and try to prevent this pandemic from spiraling out of control. The start of the pandemic was utter pandemonium. Working parents trying to balance both caring for their now at-home children and their livelihood. Businesses trying to decide how to implement leave policies with limited information. Employees determining if they could financially afford to take time off. We were all flying by the seat of our pants trying to adjust to our new normal.

Ohio Supreme Court Clarifies Medical Statute of Limitations

The Ohio Supreme Court issued a decision in late December that clarifies and finalizes the Ohio law regarding the period of time in which patients can assert claims for medical malpractice. The Court was examining the interplay between three different statutes being the statute of limitations, the statute of repose, and the savings statute.

Ohio Hospitals and Healthcare Clinics: It’s Time to Revisit Your Billing and Collection Practices

According to a recent Cuyahoga County case, certain healthcare entities may not be protected from liability when engaging in unfair or deceptive billing acts. This decision is consistent with the growing trend across the country to encourage price transparency and eliminate unfair surprise billing practices by health care organizations. Now is the time for hospitals and other health care organizations to revisit their billing and collection policies and procedures to confirm that they are legally defensible and consistent with best practices.

HIPAA Business Associate Agreements: Why These Contracts Matter

No one loves drafting, reading or negotiating HIPAA Business Associate Agreements (BAAs). Yet many of us need to do so, and some of us do so daily. They are often boring, dense and technical, but BAAs are important from both a legal and a business perspective, and they deserve our attention. Failure to enter a BAA when one is required can constitute a HIPAA violation that results in substantial liability, as demonstrated by certain recent Department of Health & Human Services (HHS) settlements.1 A business associate who makes a disclosure that is not authorized by the applicable BAA or required by law can be subject to civil and, in some cases, criminal penalties. Further, parties are often presented with BAAs that contain onerous one-sided indemnification and other provisions that can be devasting to an organization in the event of a HIPAA breach. The significance of a BAA is often not fully understood by the parties until something goes wrong (e.g., a HIPAA security incident or breach, an Office of Civil Rights (OCR) audit or a fracture in the relationship between the parties) and, at that point, there is limited opportunity to mitigate legal and business risk. Ideally, attention should be given at the commencement of the business associate relationship, when the parties are able, to thoughtfully addressing regulatory requirements, planning and preparing for potential adverse events and appropriately allocating risk among the parties. As with most healthcare regulatory compliance initiatives, a proactive approach with respect to BAAs is preferable. This article provides a broad overview of certain BAA requirements and some practical negotiating tips for the parties involved.