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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

HHS Provider Relief Funds Reporting Requirements: Important Updates Every Provider Should Know

November 4, 2020HHS continues to revise its reporting requirements for the use of the Provider Relief Funds. Providers with more than $10,000 in Provider Relief Fund payments must report on the use of the funds through December 31, 2020. The reporting window will begin on January 15, 2021 and providers must complete reporting obligations for FY 2020 by February 15, 2021 through a portal designed by HHS. However, providers that have unexpended funds as of December 31, 2020, will have an additional 6 months to use the remaining funds through June 30, 2021. These providers must submit a second and final report no later than July 31, 2021.Client Alert

Should I Apply for Phase 3 Funds? Important Considerations Every Provider Should Know

November 2, 2020On October 1, 2020, the Department of Health and Human Services (“HHS”) announced an additional $20 billion in new funding for providers through a Phase 3 distribution. Importantly, providers that previously received HHS Provider Relief Funds or already received payments of approximately 2% of annual revenue from patient care are eligible to apply. Eligible providers have until November 6, 2020 to apply for these Phase 3 Funds. However, the question from providers continues to be: Should I Apply for Phase 3 Funds?Client Alert

CISA Ransomware Practices

October 29, 2020On October 28, 2020, the United States Cybersecurity and Infrastructure Security Agency (CISA) issued an alert warning of imminent threats to US hospitals and healthcare providers. The specific threat involves RYUK Ransomware attacks. RYUK is a novel ransomware that goes undetected by commercial anti-virus/malware detection programs. Once deployed, RYUK encrypts all data and disables systems. In short, it cripples all functionality down to phone systems and automated doors. Healthcare providers should alert their employees to remain hyper-vigilant and report any suspicious activity seen in email or on networks. It has been reported healthcare providers in New York, Pennsylvania and Oregon have been targeted in the last 48 hours. If your organization encounters issues, BMD can assist in mobilizing a response team and has contacts with forensic IT firms that are familiar with RYUK. It is advisable to engage professionals with experience dealing with this specific threat.Client Alert

HHS Announces an Additional $20 Billion In Provider Relief Grants

October 5, 2020The U.S. Department of Health and Human Services (“HHS”) announced an additional $20 billion in new funding for providers on October 1, 2020. Eligible providers include those that have already received Provider Relief Fund payments as well as previously ineligible providers, such as those who began practicing in 2020, and an expanded group of behavioral health providers confronting the emergence of increased mental health and substance use issues exacerbated by the pandemic. The new Phase 3 General Distribution is designed to balance an equitable payment of 2% of annual revenue from patient care for all applicants plus an add-on payment to account for revenue losses and expenses attributable to COVID-19.Client Alert

DOL Proposes New Rule Regarding Independent Contractor Status - But How Will the Election Affect Its Future?

September 24, 2020On September 22, 2020, the U.S. Department of Labor announced a new proposed rule regarding employee and independent contractor status under the Fair Labor Standards Act. The full text of the proposed rule is available here. The rule's drafters intend to reduce uncertainty and enhance the precision and predictability of the long-standing "economic reality" test, which currently relies on a multifactor balancing test.
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