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Governor Mike DeWine and The Ohio State University Introduce the SOAR Study on Ohio Mental Illness

Client Alert

On January 19, Ohio Gov. Mike DeWine and The Ohio State University announced a new research initiative, the State of Ohio Adversity and Resilience (“SOAR”) study, which will investigate all factors influencing Ohio’s mental illness and addiction epidemic. SOAR will focus on Ohio families across generations to:

  • Identify factors or risks that lead to persistent distress, mental illness, substance abuse, use disorders, or overdose,
  • Understand how exposure to such risks impacts one’s behavior, biology, and brain function,
  • Identify patterns of intergenerational transferal of illnesses, and
  • Discover methods to promote resilience allowing one to face adversity.

The Ohio State University Wexner Medical Center and College of Medicine will collaborate with a number of Ohio universities to lead the study. Bowling Green State University, Case Western/ University Hospital-Cleveland, Central State University, and Nationwide Children’s Hospital, among others, will join Ohio State in the study.

Beginning its initiative, the SOAR study will start with two paralleled projects. First, under the SOAR Wellness Survey, as many as 15,000 Ohioans will be surveyed to collect information on social and psychological makeup, life experiences, and the participants’ mental health. Second, the SOAR Brain Health Study will examine about 3,000 Ohio families to study biological, psychological, and social factors to determine who does well facing adversity, and who does not.

Over the past decade, Ohio has witnessed a rise in mental illness and drug overdose, which has been heightened by the COVID-19 pandemic. Evidencing the state’s attempt to improve these issues, the Ohio Department of Mental Health and Addiction Services has funded the SOAR study with an initial $20 million grant.

In performing extensive analysis on Ohio individuals, families, and multiple generations, SOAR study researchers hope these findings lead to “new strategies” that support resilience and enable families to “break the chain” of mental illness and substance abuse.

If you have questions about the content of this Client Alert, please contact BMD Healthcare Member Daphne Kackloudis at dlkackloudis@bmdllc.com.


The Masks Are Back: New OSHA Regulations for Healthcare Employers

Employment Law After Hours is back with a News Break Episode. Yesterday, OSHA published new rules for healthcare facilities, including hospitals, home health employers, nursing homes, ambulance companies, and assisted living facilities. These new rules are very cumbersome, requiring mask wearing for all employees, even those that are vaccinated. The only exception is for fully vaccinated employees (2 weeks post final dose) who are in a "well-defined" area where there is no reasonable expectation that any person with suspected or confirmed COVID-19 will be present.

New OSHA Guidance for Workplaces Not Covered by the Healthcare Emergency Temporary Standard

On June 10, 2021, OSHA issued an Emergency Temporary Standard (ETS) for occupational exposure to COVID-19, but it applies only to healthcare and healthcare support service workers. For a detailed summary of the ETS applicable to the healthcare industry, please visit https://youtu.be/vPyXmKwOzsk. All employers not subject to the ETS should review OSHA’s contemporaneously released, updated Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace. The new Guidance essentially leaves intact OSHA’s earlier guidance, but only for unvaccinated and otherwise at-risk workers (“at-risk” meaning vaccinated or unvaccinated workers with immunocompromising conditions). For fully vaccinated workers, OSHA defers to CDC Guidance for Fully Vaccinated People, which advises that most fully vaccinated people can resume activities without wearing masks or physically distancing, except where required by federal, state, or local laws or individual business policies.

Employer Liability for COVID-19 Vaccine Side Effects

As employers encourage or require employees to obtain a COVID-19 vaccine, they should be aware of OSHA recording obligations and potential workers’ compensation liability. Though OSHA has yet to revise its COVID-19 guidance in response to the latest CDC recommendations, OSHA has revised its position regarding the recording of injury or illness resulting from the vaccine. Until now, OSHA required an employer to record an adverse reaction when the vaccine was required for employees and the injury or illness otherwise met the recording criteria (work-related, a new case, and meets one or more of the general recording criteria). OSHA has reversed course and announced that it will not require recording adverse reactions until at least May 2022, irrespective of whether the employer requires the vaccine as a condition of employment. In its revised COVID-19 FAQs, OSHA states:

The New Rule 1.510 - Radical Change for Summary Judgement Procedure in Florida

In civil litigation, where both sides participate actively, trial is usually required at the end of a long, expensive case to determine a winner and a loser. In federal and most state courts, however, there are a few procedural shortcuts by which parties can seek to prevail in advance of trial, saving time, money and annoyance. The most common of these is the “motion for summary judgment”: a request to the court by one side for judgment before trial, generally on the basis that the evidence available reflects that a win for that party is legally inevitable and thus required. Effective May 1, 2021, summary judgment procedure in Florida has radically changed.

Vacating, Modifying or Correcting an Arbitration Award Under R.C. 2711.13: Three-Month Limitation Maximum; Not Guaranteed Amount of Time

In a recent decision, the Supreme Court of Ohio held that neither R.C. 2711.09 nor R.C. 2711.13 requires a court to wait three months after an arbitration award is issued before confirming the award. R.C. 2711.13 provides that “after an award in an arbitration proceeding is made, any party to the arbitration may file a motion in the court of common pleas for an order vacating, modifying, or correcting the award.” Any such motion to vacate, modify, or correct an award “must be served upon the adverse party or his attorney within three months after the award is delivered to the parties in interest.” In BST Ohio Corporation et al. v. Wolgang, the Court held the three-month period set forth in R.C. 2711.13 is not a guaranteed time period in which to file a motion to vacate, modify, or correct an arbitration award. 2021-Ohio-1785.