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Economic Injury Disaster Loan Program for Small Businesses & Non-Profits in Ohio and Florida

The Ohio Development Services Agency and the Florida Department of Economic Opportunity are preparing to qualify businesses in both states for the U.S. Small Business Administration's (SBA) Economic Injury Disaster Loan Program. This program provides low interest loans up to $2 million in order to help businesses overcome the temporary loss of revenue during the state of emergency.

The Economic Injury Disaster Loans may be used by Ohio small business owners and non-profits to pay fixed debts, payroll, accounts payable and other bills that cannot be paid because of the disaster’s impact. The interest rate is 3.75% for small businesses without credit available elsewhere; businesses with credit available elsewhere are not eligible. The interest rate for non-profits is 2.75%.

Once Ohio is qualified for the program, the Ohio Development Services Agency (Development) will work with the SBA to notify entities that they can now apply for loans. To keep payments affordable, these loans are long-term, with up to a maximum of 30 years for repayment. Terms are determined on a case-by-case basis, based upon each borrower’s ability to repay.

Small businesses and non-profits impacted by the ongoing health crisis are encouraged to contact Development at BusinessHelp@Development.Ohio.Gov for assistance. Additional information about the SBA Economic Injury Disaster Loan program is available at SBA.gov/Disaster.

Florida has activated an Emergency Bridge Loan Program to support small businesses impacted by COVID-19. Managed by the Florida Department of Economic Opportunity (DEO), it will provide short-term, interest-free loans to small businesses. The application period runs through May 8, 2020. The Business Damage Assessment survey can be accessed at FloridaDisaster.BIZ. For more information visit www.floridadisasterloan.org or contact the Florida Small Business Development Center Network at 866-737-7232 or email Disaster@FloridaSBDC.org.

Additional information on the SBA Economic Injury Disaster Loan Program is available at SBA.gov/Disaster.

BMD government affairs attorney Victoria Ferrise is monitoring the changing situation closely and we will be providing updates accordingly.

Vaccination Considerations for Employers

Today, three Covid-19 vaccines have tested as highly effective (90%+ efficacy) and are advancing in the process for emergency use. This is especially welcome news in Ohio, which has skyrocketing cases and our strategic response has been to turn the entire state into the small town of Bomont with strict curfews and bans on social gatherings.

Did You Receive More than $750,000 in Provider Relief Funds?

The Provider Relief Funds (“PRF”) - authorized under the CARES Act - has been a vital tool for health care providers during the COVID-19 public health emergency. These funds have allowed providers to stay open and continue to offer care during these pressing times. While helpful, these funds do come with several important obligations. First, fund recipients are required to comply with certain record-keeping requirements as well as comply with certain balance billing prohibitions. See our Client Alert. Second, fund recipients are required to report their intent, use of funds, and other data elements, which helps promote transparency to the federal government. Please see our Client Alert on provider relief fund reporting requirements. Third, and perhaps a new concept for many providers, fund recipients of more than $750,000 must undergo a “single audit” to ensure program compliance and appropriate use of funds.

Important Updates Every Provider Should Know: Information Blocking

In December 2016, Congress passed the 21st Century Cures Act (“Cures Act”) which: (1) authorized funding for the National Institutes of Health to promote medical research and drug development, (2) implemented provisions aimed at addressing the prevention and treatment of mental illness and substance abuse, and (3) reformed certain standards of the Medicare program and federal tax laws to foster healthcare access and quality improvement.

PPP Update: Loan Necessity Questionnaires

On October 26, 2020, the Small Business Administration (“SBA”) published a notice in the Federal Register which foreshadowed the release of two new forms seeking information from for-profit and nonprofit organizations that received Paycheck Protection Program (“PPP”) loans of $2 million or more. If approved, the SBA would use information from these forms to evaluate and determine whether economic uncertainty made a PPP loan request necessary.

Exposure to COVID-19 Flow Chart

Exposure to COVID-19 Flow Chart