McCarthy Lebit COVID-19 Updates

Kenneth B. LiffmanChairman of the Board and President, McCarthy, Lebit, Crystal & Liffman Co., LPA

In an effort to keep our clients and friends apprised of updates related to the pandemic, below are links to PDFs from government agencies we think you will find helpful. As a convenience to our readers, our attorneys will also provide a recap of said updates when possible, and we strongly encourage you to read the PDFs in full and contact your McCarthy Lebit attorney with any questions.

Department of Insurance Defers Health Premium Payments Until June 1, 2020

The Department of Insurance on March 22, 2020, issued a directive which provides employers a two-month grace period to pay health insurance premiums to their insurance providers. The deferred payments are to be interest-free for up to 60 calendar days from the original premium due date.  Further, the directive requires health insurers of all employers to continue covering their workers, even if the employee would otherwise become ineligible because of a decrease in the hours that they work per week.  Please see the attached Bulletin for more details.

Ohio BWC to Allow Employers to Delay Installment Payments Due to COVID-19 Hardships

The Ohio Bureau of Workers’ Compensation (BWC) is announcing that insurance premium instalment payments due for March, April and May for the current policy year may be deferred until June 1, 2020, at which time the matter will be reconsidered. This is for public and private employers. BWC will not cancel coverage or assess penalties for amounts not paid because of the coronavirus (COVID-19) pandemic. Instalment payments are due for the three-month period total approximately $200 million.
 
The BWC has made the following link available to answer other COVID-19 related questions. https://www.bwc.ohio.gov/downloads/blankpdf/COVID-19-BWCFAQs.pdf

Ohio Department of Health’s Director Issues Stay At Home Order

The following recap is from Principal attorney, David Cuppage. To read the full PDF from the Ohio Department of Health click here. 

  • The order becomes effective at 11:59 p.m. on March 23, 2020, and remains in effect until 11:59 p.m. on April 6, 2020.
     
  • Pursuant to the Oho Department of Health’s March 22 order, all businesses—except “Essential Businesses and Operations”—are required to cease all business activities other than their “Minimum Basic Operations.” 
     
  • Importantly, essential businesses and operations include stores that sell groceries and medicine; food, beverage, and licensed marijuana production and agriculture; organizations that provide charitable and social services; religious entities; media; first amendment protected speech; gas stations and businesses needed for transportation; financial and insurance institutions; hardware and supply stores; critical trades; mail, post, shipping, logistics, delivery, and pickup services; educational institutions; laundry services; restaurants for consumption off-premises; supplies to work at home; supplies for essential businesses and operations; transportation; home-based care and services; residential facilities and shelters; professional services (legal, accounting, insurance, real estate); manufacture, distribution, and supply chain for critical products and industries (including pharmaceutical, technology, biotechnology, healthcare, chemicals and sanitization, waste pickup and disposal, agriculture, food and beverage, transportation, energy, steel and steel products, petroleum and fuel, mining, construction, national defence, communications); critical labour union functions; hotels and motels; funeral services.

For a complete list of “Essential Businesses and Operations” visit: https://content.govdelivery.com/attachments/OHOOD/2020/03/22/file_attachments/1407840/Stay%20Home%20Order.pdf

  • The Order provides with exceptions that all individuals are ordered to stay at home or at their place of residence. To the extent individuals are using shared or outdoor space, they must at all times and as much as reasonably possible, maintain social distancing.
  • All non-essential business and operations must cease, with the exception that minimum basic operations may continue.
  • All public and private gatherings occurring outside a single household or living unit of ten or more people are prohibited. All places of public amusement, whether indoor or outdoor, are required to remain closed.
  • Only essential travel and essential activities are permitted.
  • Leaving home for essential activities is permitted. Essential activities include to engage in activities or perform tasks essential for health and safety, for obtaining necessary supplies and services, for outdoor activities (subject to social distancing requirements), and for certain types of work at essential businesses or operations, which include healthcare and public health operations, human services operations, essential governmental functions, and essential infrastructure) and to care on minimum basic operations. Taking care of others, such as family members, friends, pets in another household are permitted.
     
  • Elderly people and those who are vulnerable as a result of illness should take additional precautions. 
  • For those non-essential businesses, minimum basic operations are permitted (provided that employees comply with social distancing requirements) including activities to maintain the value of business’s inventory, preserve the condition of physical plants and equipment, ensure security, process payroll and employee benefits, and related functions.
  • Essential travel includes travel related to essential activities, essential businesses and operations, and minimum basic operations. Essential travel also includes travel to care for elderly, minors, dependents, persons with disabilities, travel for receiving educational materials, travel to return to a place of residence outside of Ohio.
  • Finally, social distancing includes maintaining a designated six-foot distance, using hand sanitizer and sanitizing products, maintaining separate operating hours for vulnerable populations, and using online and remote access services.