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Congress Passes Another Round of Coronavirus Relief for Small Businesses

Client Alert
April 24, 2020

Today President Trump signed into law another round of coronavirus relief aimed at helping small businesses during this public health emergency. The bill contains a total of $484 billion in additional aid. The majority of funds in this bill are dedicated to replenishing the Paycheck Protection Program (“PPP”), which gives small businesses loans to cover payroll costs that could be forgiven if specific requirements are followed. Congress initially funded the PPP in March with $350 billion, but this amount was exhausted as of April 16, 2020.

Most notably, the new legislation adds $310 billion to the PPP. Of these funds, $2.1 billion are earmarked for salaries and expenses to administer programs related to the coronavirus, $50 billion will go towards the Economic Injury Disaster Loan (“EIDL”) program, and $10 billion is set aside for Emergency EIDL grants/advances.

Further, the bill provides $100 billion to the Department of Health and Human Services for the Public Health and Social Services Emergency Fund. These funds include $75 billion to reimburse health care providers for health care related expenses (e.g., building/construction of temporary structures, leasing of properties, medical supplies, equipment, increased workforce and training, and surge capacity) or lost revenues that are attributable to the coronavirus. This relief is available for Medicare/Medicaid enrolled providers, including physician practices and hospitals that are diagnosing, treating, and caring for actual/potential coronavirus patients and the method of dispersal will be announced soon. The other $25 billion is set for expenses to research, develop, and manufacture coronavirus tests and increase the country’s testing capacity. Increased testing dollars are spread amongst the states, the Centers for Disease Control and Prevention, the National Institutes of Health, the Food and Drug Administration, Community Health Centers, Rural Health Centers, and testing for the uninsured.

Please contact a BMD attorney should you have any additional questions regarding this new economic stimulus bill, questions on how to take advantage or apply for these programs, or general questions related to the coronavirus and its economic impact.

coronavirus reliefsmall businessespublic health emergencyPPPpaycheck protection programpayrollEconomic Injury Disaster LoanEIDLEmergency EIDL grants/advancesDepartment of Health and Human ServicesHHSPublic Health and Social Services Emergency Fund
Client Alert

Ohio’s Managed Care Overhaul Delayed – New Implementation Timeline

May 4, 2022At the direction of Governor Mike DeWine, the Ohio Department of Medicaid (ODM) launched the Medicaid Managed Care Procurement process in 2019. ODM’s stated vision for the procurement was to focus on people and not just the business of managed care. This is the first structural change to Ohio’s managed care system since the Centers for Medicare & Medicaid Services' (CMS) approval of Ohio’s Medicaid program in 2005. Initially, all of the new managed care programs were supposed to be implemented starting on July 1, 2022. However, ODM Director Maureen Corcoran recently confirmed that this date will be pushed back for several managed care-related programs.Client Alert

Laboratory Specimen Collection Arrangements with Contract Hospitals - OIG Advisory Opinion 22-09

May 3, 2022On April 28, 2022, the Department of Health and Human Services, Office of Inspector General (“OIG”) published an Advisory Opinion[1] in which it evaluated a proposed arrangement where a network of clinical laboratories (the “Requestor”) would compensate hospitals (each a “Contract Hospital”) for specimen collection, processing, and handling services (“Collection Services”) for laboratory tests furnished by the Requestor (the “Proposed Arrangement”). The OIG concluded that the Proposed Arrangement would generate prohibited remuneration under the federal Anti-Kickback Statute (“AKS”) if the requisite intent were present. This is due to both the possibility that the proposed per-patient-encounter fee would be used to induce or reward referrals to Requestor and the associated risk of improperly steering patients to Requestor.Client Alert

Property Owner Protection from Tax Valuation Challenges

April 29, 2022New legislation provides significant new protections for commercial property owners against challenges to valuation primarily by local school boards and prohibiting side agreements to avoid tax valuation changes. The Ohio Legislature has approved House Bill 126 which will go into effect July 2022 but will effectively apply to the 2023 tax valuation year.Client Alert

No Surprises Act Update: The IDR Portal is Open

April 25, 2022The No Surprises Act (“NSA”) became effective January 1, 2022, and has been the subject of lawsuits and criticisms since its inception. The goals of the No Surprises Act are to shield patients from surprise medical bills, provide to uninsured and self-pay patients good faith estimates of charges, and create a process to resolve payment disputes over surprise bills, which arise most typically in emergency care settings. We have written about Part I and Part II of the NSA previously. This update concerns the Independent Dispute Resolution (“IDR”) procedure created by Part II but applicable to claims covered by Part I. The Centers for Medicare & Medicaid Services (“CMS”) finally opened the Portal for providers to submit disputes to the IDR process following some updated guidance regarding the arbitration process itself.Client Alert

Updated FAQs for the No Surprises Act - Good Faith Estimates

April 7, 2022The No Surprises Act (“NSA”) became effective January 1, 2022. Meant to protect consumers from surprise medical bills, the new law is good for consumers, but vexatious for health care providers and facilities. One particular source of frustration is the operationalization of the Good Faith Estimate (“GFE”) requirement, governed by Part II of the regulations that implement the NSA. The GFE requirements apply broadly to all healthcare providers and facilities that practice within the scope of their state-issued license.
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