log in
Submit an Article | Back

Member Articles

Selected Filters:
Firm: Dinsmore & Shohl LLP

Sort By Title  |  Sort By Date

Government Watchdog on Alert for COVID-19 Fraud
Dinsmore & Shohl LLP, March 2020

As the impact of the coronavirus continues to grow and develop, government watchdogs are on high alert for fraud and scams that may arise. The Chairman of the Board of Directors of the National Whistleblower Center sent a letter to Attorney General William Barr asking him to establish a nationwide task force to monitor and investigate fraud under the False Claims Act (FCA)...

How Kentucky Secretary of States COVID-19 Protocols May Affect Your Business
Dinsmore & Shohl LLP, March 2020

While many people begin to work from home in an effort to practice social distancing, it is important to remember that corporate needs still arise for many individuals and their businesses. Effective 5:00 p.m. on March 18, 2020, the Kentucky Secretary of State’s office closed to walk-in services. Additionally, Kentucky government agencies, including the Secretary of State’s office, have been asked to reduce staffing by 50 percent and work remotely...

CMS Announces Physician Payments Sunshine Act Reporting Will Continue as Scheduled
Dinsmore & Shohl LLP, March 2020

The Centers for Medicare & Medicaid Services (CMS) announced during a March 19, 2020 teleconference for physicians and teaching hospitals that it does not have the authority to postpone the statutory timeline for the Physician Payments Sunshine Act (Sunshine Act)...

Open Meeting Laws - Sunshine Laws
Dinsmore & Shohl LLP, March 2020

Every state has an Open Meeting Law, or Sunshine Law requiring public bodies to take official action and conduct deliberations in open meetings. Open meetings are defined as an in-person meeting open to the public with a certain number of legislators or board members physically present to establish a quorum and participate in the meeting...

Order Halting Non-Essential Surgeries in Ohio May Excuse Contractual Non-Performance for Affected Health Care Providers
Dinsmore & Shohl LLP, March 2020

Ohio Governor Mike DeWine announced in a press conference on March 17, 2020 that all elective surgeries would be postponed in the State of Ohio effective at 5:00 p.m. on March 18, 2020 until further notice. The Order, issued by Director of the Ohio Department of Health Amy Acton, is available here: (https://content.govdelivery.com/attachments/OHOOD/2020/03/17/file_attachments/1403950/Director%27s%20Order%20non-essential%20surgery%203-17-2020.pdf)...

COVID-19 and the Aquatic Industry: Swimming through the Legal Landscape of Uncharted Waters
Dinsmore & Shohl LLP, March 2020

The Centers for Disease Control (CDC) reports swimming is the fourth most popular recreational activity in the United States and the most popular recreational activity for children (ages 7 to 17). Statistics further show 36 percent of children and 15 percent of adults go swimming at least six times a year in the United States...

US Extension of Individual and Business Tax Filing Deadline to July 15
Dinsmore & Shohl LLP, March 2020

U.S. Treasury Secretary Steven Mnuchin announced Friday on Twitter that the U.S. will extend the tax filing deadline of April 15, 2020 for 2019 individual and business tax returns until July 15, 2020. Earlier this week, the Internal Revenue Service announced that the payment deadline for any 2019 individual income tax due, including 2020 first quarter estimated payments due April 15, 2020, was deferred until July 15, 2020...

State Medical Board of Ohio Relaxes Regulations in Fight Against COVID-19
Dinsmore & Shohl LLP, March 2020

On March 18, 2020, the State Medical Board of Ohio (“Board”) held a special meeting, which resulted in the temporary suspension of certain regulatory enforcement activities in response to the COVID-19 pandemic. Telemedicine Effective immediately, the Board will suspend enforcement of any regulations requiring in-person visits between providers and patients...

Boilerplate Contract Language Coming to the Forefront: Force Majeure Clauses and COVID-19
Dinsmore & Shohl LLP, March 2020

The rapid spread of COVID-19 and the swift and sweeping action from government agencies at all levels are having a ripple effect on markets. These events are causing significant disruption in most industries, including the cancellation/postponement of major conferences and events like South by Southwest, March Madness, and Facebook’s F8, and Mobile World Congress. One impact is that many companies are struggling to meet their obligations under their contracts...

Tort-Focused Legal Considerations for Healthcare Providers and Product Manufacturers in the COVID-19 Landscape
Dinsmore & Shohl LLP, March 2020

Introduction While the long-term litigation effects of the COVID-19 pandemic may not materialize for months – or even years – it is important for tort litigation attorneys and their clients to begin preparing now for potential legal issues that may arise. This bulletin is intended to serve as a non-exhaustive list of tort-focused legal considerations for health care providers, product manufacturers, and their attorneys in the new and ever-evolving COVID-19 landscape...

Summary of Amendments to the Families First Coronavirus Response Act on Paid Leave and Health Care
Dinsmore & Shohl LLP, March 2020

In the early hours of Saturday, March 14, 2020, the United States House of Representatives passed the Families First Coronavirus Response Act (FFCRA), which is designed to expand relief in response to the COVID-19 outbreak, through access to free testing, enhancing food assistance, increasing Medicaid funding, and providing paid sick leave and unemployment benefits to workers...

Ohio Department Of Health Orders Cancellation of All Non-Essential Surgeries to Preserve PPE
Dinsmore & Shohl LLP, March 2020

Ohio continues to be a leader in proactive restrictions to stop the spread of COVID-19 and securing the resources necessary to do so. On March 17, 2020, Ohio Governor Mike DeWine and Ohio Department of Health (ODH) Director Amy Acton, MD, MPH announced an ODH Order requiring the cancellation of all non-essential or elective surgeries or procedures that use personal protective equipment (PPE). This Order is effective at 5:00 p.m., Wednesday, March 18, 2020...

Origins of the Force Majeure Clause and Impossibility of Contractual Performance Defense
Dinsmore & Shohl LLP, March 2020

Our colleagues have discussed the application and interpretation of force majeure clauses in contracts related to COVID-19 disruptions. These clauses are included in a contract by the parties and spell out the circumstances under which performance will be excused during one of the specified circumstances, such as natural disaster, disease, epidemic, or pandemic...

The Equal Employment Opportunity Commission Weighs in on COVID-19
Dinsmore & Shohl LLP, March 2020

The Equal Employment Opportunity Commission (EEOC) issued a public statement on its website on Wednesday, March 18, 2020, providing updated guidance on acceptable employment practices in light of the ongoing COVID-19 pandemic. The statement highlights common questions employers may have regarding how to manage employee issues related to COVID-19 and provides guidance...

COVID-19: Implications for Pharmaceutical and Medical Device Companies
Dinsmore & Shohl LLP, March 2020

The coronavirus is making a significant impact to our daily lives in every respect. This includes a growing impact on the global economy and the day-to-day business activities of pharmaceutical and medical device companies. This legal alert summarizes the evolving situation and its implications on the operations of life sciences companies. HHS Declaration of Liability Immunity Issued The U.S...

Ohio State Dental Board Issues COVID-19 Advisory
Dinsmore & Shohl LLP, March 2020

The Ohio State Dental Board (“Dental Board”) issued a COVID-19 advisory Monday, March 16, 2020, at the direction and request of Governor Mike DeWine...

HHS Waives Certain EMTALA Requirements, Medicare Conditions of Participation, and HIPAA Sanctions during the COVID-19 Pandemic
Dinsmore & Shohl LLP, March 2020

On Friday, March 13, 2020, the Department of Health and Human Services (HHS) announced several waivers of existing Centers for Medicare and Medicaid (CMS) regulations pursuant to Section 1135(b) of the Social Security Act, including the waiver of certain Emergency Medical Treatment and Active Labor Act (EMTALA) obligations and Medicare conditions of participation during the COVID-19 pandemic...

MSHA and COVID-19
Dinsmore & Shohl LLP, March 2020

Less than one week ago the World Health Organization (WHO) declared COVID-19 (coronavirus) a pandemic. In the days that have followed, the United States House of Representatives passed the Families First Coronavirus Response Act (FFCRA) to provide access to testing, food assistance, Medicaid funding, paid sick leave and unemployment benefits to workers. The United States Senate is expected to pass a version to be signed into law in the near future...

Coronavirus (COVID-19) Infection Control in Nursing Homes
Dinsmore & Shohl LLP, March 2020

During the outbreak of the coronavirus (COVID-19), nursing home safety is a top priority, since most of the residents are at a higher risk of getting sick from the virus.[1] To help control and prevent the spread of the virus in nursing homes, the Centers for Medicare & Medicaid Services (CMS) provided additional guidance on March 13, 2020...

Just Breaking: A Preliminary Report for Employers on the Coronavirus House Bill
Dinsmore & Shohl LLP, March 2020

  In the early hours of Saturday, March 14, 2020, the House of Representatives passed the Families First Coronavirus Response Act, which is designed to expand relief in response to the coronavirus disease (COVID-19) outbreak, through access to free testing, enhancing food assistance, increasing Medicaid funding, and providing paid sick leave and unemployment benefits to workers...

COVID-19 Declared a Pandemic and New Travel Restrictions Announced: What Employers Need to Know Now
Dinsmore & Shohl LLP, March 2020

On March 11, 2020, the World Health Organization (WHO) officially declared COVID-19 (“coronavirus”) a pandemic. “This is not just a public health crisis, it is a crisis that will touch every sector,” said Dr. Tedros Adhanom Ghebreyesus, WHO director-general. “So every sector and every individual must be involved in the fight.” https://www.who...

COVID-19 and Ohio Workers' Compensation
Dinsmore & Shohl LLP, March 2020

  In the wake of the COVID-19 outbreak and the World Health Organization’s declaration of this coronavirus as a pandemic, employers of all sizes have serious, and somewhat unprecedented, issues to consider. Fortunately for most employers, workers’ compensation may not be one of them...

2019 Novel Coronavirus & Flu: What Employers Need to Know on Quarantines and Preventing the Spread of Disease in the Workplace
Dinsmore & Shohl LLP, February 2020

Flu season is in full swing. with the Center for Disease Control (“CDC”) confirming over 155,000 positive U.S. cases of influenza since Sept. 29, 2019. Simultaneously, the coronavirus COVID-19 has spread rapidly across China, with at least 70,000 confirmed cases, including 15 confirmed cases in the United States. In response, employers need to be prepared to assist employees in staying safe and complying with potential quarantines. Beginning Feb...

Supreme Court of Pennsylvania, Eastern District, Issues Opinion on 2 Critical Questions in Roverano v. John Crane, Inc & Brand Insulations, Inc.
Dinsmore & Shohl LLP, February 2020

On February 19, 2020, The Supreme Court of Pennsylvania, Eastern district, issued its opinion in Roverano v. John Crane, Inc. and Brand Insulations, Inc. on two critical questions: 1. the applicability of the Pennsylvania Fair Share Act, 42 Pa.C.S. Section 7102, to strict liability asbestos cases pending in the Commonwealth’s courts; and 2. Inclusion of bankrupt entities on the verdict sheet for purposes of liability only...

2nd Circuit Holds Federal Banks Are Government Entities For FCA Purposes, Revives Qui Tam Suit Against Wells Fargo
Dinsmore & Shohl LLP, February 2020

The False Claims Act (FCA) was enacted to punish and deter fraud against the United States, and to recover moneys obtained through such fraud. Whether an alleged fraud was actually against the United States is a threshold question not posed in the typical FCA case, where allegations usually involve claims for payment submitted to the Army, Navy, Medicare, or other entity clearly part of the federal government. But some cases are not so clear...

 

 

WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

HOME | SITE MAP | GLANCE | PRIVACY POLICY | DISCLAIMER |  © World Services Group, 2020