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The Masks Are Back: New OSHA Regulations for Healthcare Employers

Client Alert

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.

These new regulations also require the implementation of a compliant COVID-19 safety policy, COVID case record keeping for employees (regardless of whether the infection came from work or outside of work), and it discusses and requires many of the best practices most of our healthcare clients have followed since day one, among other requirements. Many of the regulations require implementation within 14 to 30 days, so your clients will want to speak with their OSHA expert as soon as possible. BMD has a few OSHA knowledgeable attorneys that can be available to answer questions/concerns. Your clients will want to implement these new requirements alongside their OSHA certified employees who handle existing OSHA issues/concerns.

Stephen Matasich, one of our resident OSHA attorneys, has also published a client alert for general industry employers other than healthcare.

What healthcare providers are specifically exempt from these new regulations?

  1. Non-Hospital Ambulatory Care Setting where (a) all non-employees are screened prior to entry, and (b) people with suspected or confirmed COVID-19 are not permitted to enter.
  2. Hospital Ambulatory Care Setting where (a) all employees are fully vaccinated, (b) all non-employees are screened prior to entry, and (c) people with suspected or confirmed COVID-19 are not permitted to enter.
  3. Home Healthcare Setting when (a) all employees are fully vaccinated, (b) all non-employees are screened prior to entry, and (c) people with suspected or confirmed COVID-19 are not permitted to enter.

The new OSHA regulations also require these employers to provide paid leave for vaccination obtainment, and its side effects, which we previously covered in an ELAH episode, link provided below. I also provided the link to the mandatory vaccine episode as healthcare clients may now desire to implement a mandatory vaccine policy given these new requirements.

Link to watch this Breaking News episode on the new OSHA requirements is here: https://youtu.be/vPyXmKwOzsk

Link to Paid COVID Leave (including Vaccination Obtainment) is here: https://youtu.be/NOv0_R_SMpg

Link to Episode on Mandatory Vaccine Policies is herehttps://youtu.be/rWqGbOzWzWw and https://youtu.be/5CrBCjK2rv8 (with updated EEOC guidance).

For more information, please feel free to contact BMD Labor + Employment Partner Bryan Meek at bmeek@bmdllc.com or 330.253.5586.


Understanding Ohio House Bill 660: A Game-Changer for Student-Athletes

Ohio House Bill 660 is set to reshape Name, Image, and Likeness (NIL) agreements for student-athletes by allowing direct compensation from universities and providing greater financial opportunities while preserving amateur status. The bill simplifies the regulatory framework, introduces safeguards, and creates challenges and ethical considerations for stakeholders.

Effective December 12, 2024: Key Updates to Ohio Medicaid Rules for CPC and CMC Programs

Ohio Medicaid has amended rules for the Comprehensive Primary Care (CPC) and Comprehensive Maternal Care (CMC) programs, effective December 12, 2024. Key updates include expanded provider eligibility, stricter cultural competency training timelines, new clinical quality metrics, and changes to maternal care requirements.

Ohio Medicaid Extends Timely Filing Deadline Until 2025

The Ohio Department of Medicaid (ODM) recently announced that it is extending its timely filing deadline to February 28, 2025. According to ODM, roughly 2% of providers have contract issues preventing them from meeting the previous timely filing deadline of December 1, 2024.

Another Drug Manufacturer Pursues Rebate Program as 340B Alternative

Some of the nation’s largest drug manufacturers are forging ahead to implement rebate programs for 340B drugs, even after the federal government has called these programs illegal. While it is unclear how these federal courts will rule, this could threaten the sustainability of safety net providers and their patients.

Hurry Up, STOP. . .Has CTA Been Struck Down By Courts?

Following a recent case in Texas, uncertainty has arisen regarding whether clients should file "beneficial owners" reports. This is a result of the Federal Government enjoined from enforcing the CTA. Contact your BMD Member Blake Gerney to find out how this affects you.