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Congress Passes Another Round of Coronavirus Relief for Small Businesses

Client Alert

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.


The Ohio Board of Pharmacy’s Latest Batch of Rules: What Providers Should Know

The Ohio Board of Pharmacy released several new rules and proposed amendments to existing rules over the past month that will significantly impact pharmacy operations. Topics range from updates to the Terminal Distributor of Dangerous Drugs license to mobile clinics to mandatory rest breaks for pharmacists of outpatient pharmacies. A summary of the proposed changes is below, along with instructions for commenting on the rules. Your BMD healthcare attorney can help write comment letters and submit the comments on your behalf as well.

Employee or Independent Contractor? New Guidance Issued by the Department of Labor

On January 9, 2024, the U.S. Department of Labor (DOL) issued its long-awaited final rule — effective March 11, 2024 — revising its prior interpretation of worker classifications under the federal Fair Labor Standards Act (FLSA). The new final rule rescinds the standard previously established in 2021, in turn, shifting the analysis of whether a worker is an employee (versus an independent contractor) of a business from a more streamlined “economic reality” test to a more complex “totality of the circumstances” standard.

Increased Medicaid Rates to Take Effect This Month for Ohio Providers

As required by House Bill 33, Ohio’s 2024-2025 operating budget bill, reimbursement rates paid by the Ohio Department of Medicaid will increase for a wide range of providers starting on January 1, 2024.

Corporate Transparency Act Update

The Corporate Transparency Act (“CTA”), with an effective date of January 1, 2024, is set to impose strict reporting guidelines on business owners throughout the country. The following provides a brief update on two aspects of the CTA ahead of its effectiveness next week.

The Second Wave of UnitedHealthcare's Prior Authorization Cuts Started in November

In August 2023, UnitedHealthcare released its plan to eliminate roughly one-fifth of its then-current prior authorization requirements. The first round of prior authorization cuts took effect on September 1, 2023. In that round, UnitedHealthcare eliminated the necessity for some prior authorizations for UnitedHealthcare Medicare Advantage, UnitedHealthcare commercial, UnitedHealthcare Oxford and UnitedHealthcare Individual Exchange plan members. The second and final round of prior authorization cuts began on November 1, 2023. The November 2023 Prior Authorization Cuts apply to the same plans as well as community plans (i.e., Medicaid managed care plans).