The COVID-19 public health crisis requires constant attention and prompt action for the health and safety of individuals, as well as businesses and organizations. Jackson Kelly’s cross-disciplinary attorney task force is staying on top of developments to educate, inform and respond to clients during this time of continuous change. With representatives across our practice groups, this team develops blog posts and flags content relevant to our clients. We are committed to providing timely, consistent communication regarding COVID-19. Contact any of our attorneys for additional help to navigate through this pandemic. Your business is our priority, especially amidst the current uncertainties.
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Supreme Court Issues Ruling on OSHA and CMS Vaccine Mandates
On January 13th, the Supreme Court issued opinions in the companion cases concerning governmental vaccine mandates.
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January 14. 2022
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Supreme Court Hears Oral Arguments Regarding OSHA's Vaccine Mandate. What Does That Mean?
On Friday, January 7th, 2022, the Supreme Court heard oral arguments regarding the constitutionality of OSHA’s ETS Covid Regulations for Private Businesses, as well as CMS’s Covid Vaccine Mandate.
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January 7, 2022
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Long Anticipated OSHA Vaccine Requirement Announced, Effective January 4, 2022
OSHA will publish a new emergency temporary standard (“ETS”) regarding mandatory COVID vaccines
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November 4, 2021
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CMS Issues Draft Interim Final Rule Regarding Mandatory COVID Vaccines
Learn about the long-awaited interim final rule (“IFR”) regarding mandatory Covid-19 vaccinations
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November 4, 2021
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UPDATED Biden's Vaccine/Testing Mandates: What Does This Mean for Employers?
This post updates the previous blog regarding the "Path Out of the Pandemic: President Biden’s COVID-19 Action Plan to combat the COVID-19 pandemic more aggressively."
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September 14, 2021
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Biden's Vaccine Mandates: What Does This Mean for Employers?
Last week President Biden took employers by storm and released a six-pronged, national strategy called the “Path Out of the Pandemic.”
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September 14, 2021
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A New COVID-19 Vaccination Order Issued in the City and County of Denver
On August 2, 2021, the Denver Department of Public Health & Environment released an order requiring personnel of certain types of entities to be fully vaccinated against COVID-19 by September 30, 2021.
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August 4, 2021
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Update: Guidance for Employers Not Covered by OSHA's COVID-19 ETS
The Centers for Disease Control and Prevention issued updated guidance for masking noting that fully vaccinated individuals did not need to wear a mask in most settings.
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July 9, 2021
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UPDATED SBA Expands Loan Calculation Options and Eligibility
On March 3, 2021, the Small Business Administration (SBA) issued an interim final rule titled, “Business Loan Program Temporary Changes; Paycheck Protection Program-Revisions to Loan Amount Calculation and Eligibility”
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March 4, 2021
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PPP RESTART: CHANGES FOR BANKS
The Paycheck Protection Program (PPP) is back for a limited time. There is also a new program: Paycheck Protection Program Second Draw Loans.
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December 30, 2020
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CORONAVIRUS RELIEF PACKAGE OFFERS NEW TRADEMARK RULES
The president signed into law a multi-trillion-dollar spending and relief package which includes the Trademark Modernization Act of 2020, making several technical changes to the Lanham Act. The new rules could fundamentally alter how intellectual property owners protect and enforce their rights.
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December 28, 2020
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THE SPRINT IS OVER: HHS RELEASES ANTI-KICKBACK STATUTE REFORM TO SUPPORT COORDINATED, VALUE-BASED CARE ARRANGEMENTS
The Federal Anti-Kickback Statute (“AKS”) is a criminal statute that prohibits transactions intended to induce or reward referrals for items and services reimbursed by federal health care programs (such as, Tricare, Medicare, and Medicaid). On November 20, 2020, the United States Department of Health and Human Services Office of Inspector General issued a final rule that amends the Federal Anti-Kickback Statute.
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December 18, 2020
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HOW THE LATEST PENNSYLVANIA COVID-19 RESTRICTIONS AFTER BUSINESS OPERATIONS
Pennsylvania Governor, Tom Wolf announced additional restrictions on business operations in response to a surge in Covid-19 cases. The restrictions went into effect on December 12, 2020, and will last until at least January 4, 2021. Similar to previous restrictions, some businesses will be forced to shut down while others shall just be limited in their operations.
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December 14, 2020
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THE WINDS OF CHANGE - DEFINING VALUE IN HEALTHCARE
On November 20th, 2020, the Centers for Medicare & Medicaid Services (CMS) made sweeping changes to the Stark Law through the issuance of a new “Final Rule,” which is an essential mile-marker in the government’s Sprint to Coordinated Care. Many industry stakeholders have been eagerly awaiting the Final Rule’s issuance, hoping that it would provide more flexibility and clarity to this complex regulatory landscape.
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December 14, 2020
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HHS PROPOSES MODIFICATIONS TO THE HIPAA PRIVACY RULE
On December 10, 2020, the U.S. Department of Health and Human Services Office for Civil Rights announced proposed changes to the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule. The proposed updates aim to give patients more access to their health information and improve coordinated care, while also ensuring that patients are afforded privacy and security under HIPAA.
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December 11, 2020
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IRS RELEASE - EXPENSES COVERED BY PPP LOAN ARE NOT DEDUCTIBLE IN 2020 REGARDLESS OF THE TIMING OF FORGIVENESS
The IRS has released guidance on the tax issues related to forgiveness of a PPP loan. In general, under the CARES Act, forgiveness of a PPP Loan is excluded from gross income for federal income tax purposes. The IRS has clarified that expenses covered by PPP Loan proceeds, namely payroll, are not deductible if the PPP Loan is forgiven. IRS Notice 2020-32.
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November 19, 2020
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LITIGATING DURING COVID-19: WHAT WE'VE LEARNED AND WHAT WE CAN EXPECT GOING FORWARD
Litigants and litigators face unique challenges to effectively prosecute or defend ongoing or anticipated civil actions amid the pandemic. Now, more than seven months since the declaration of a national emergency in the U.S. and with new COVID-19 cases continuing to rise in many regions, flexibility and creativity remain critical to adapt to the evolving nature of one’s “day in court” during these unprecedented times.
Read more.
November 3, 2020
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CARES ACT UPDATE: HHS DISBURSING ANOTHER $20 BILLION IN FINANCIAL RELIEF
On October 1, 2020, The Department of Health and Human Services, through the Health Resources and Services Administration announced the disbursement of another $20 billion in financial relief for certain physician practices and other health care delivery organizations and clinicians who are part of the Coronavirus Aid, Relief and Economic Security Act.
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October 12, 2020
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SBA SIMPLIFIES FORGIVENESS FOR PPP LOANS OF $50,000 OR LESS
On October 8, 2020, the Small Business Administration (SBA) moved to simplify the forgiveness process for Paycheck Protection Program (PPP) loans of $50,000 or less. The SBA issued an interim final rule and a new application, Form 3508S, and instructions. The relief does not constitute automatic forgiveness of a PPP loan.
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October 9, 2020
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PPP LOANS AND CHANGE OF OWNERSHIP
Transactions involving changing the ownership of borrowers with outstanding Paycheck Protection Program (PPP) loans will be subject to new requirements under a procedural notice (Notice) issued by the Small Business Administration (SBA) on October 2, 2020. The Notice addresses the circumstances under which lenders may approve a change of ownership, when and how SBA approval must be obtained, and the continuing obligations of the PPP borrower, subsequent owners or entities, and PPP lenders.
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October 6, 2020
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FEDERAL COURT DECLARES THAT CERTAIN PENNSYLVANIA COVID-19 RESTRICTIONS UNCONSTITUTIONAL
Since the beginning of the COVID-19 pandemic, Pennsylvania Governor Tom Wolf has set forth restrictions across the state to stop the spread of the virus. However, not everyone has believed these restrictions were appropriate or lawful.
Read more.
September 14, 2020
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ATTENTION HEALTHCARE EMPLOYERS: THE U.S. DEPARTMENT OF LABOR ISSUES NEW GUIDANCE REGARDING THE “HEALTHCARE PROVIDER EXEMPTION” UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT.
After Congress adopted the Families First Coronavirus Response Act, the U.S. Department of Labor issued a temporary rule that applied to healthcare employers.
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September 14, 2020
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COVID-19 CONTINUES TO RESHAPE LANDLORD AND TENANT RELATIONSHIPS: CDC HALTS RESIDENTIAL EVICTIONS
The Department of Health and Human Services through the Centers for Disease Control and Prevention (CDC) issued an agency order (Order) halting evictions nationwide for many tenants of residential properties.
Read more.
September 2, 2020
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DOL OFFERS GUIDANCE ON FFCRA LEAVE AND SCHOOL REOPINING PLANS
Just in time for schools to reopen, the Department of Labor has released additional guidance explaining when employees are entitled to leave to care for children whose schools will remain at least partially closed due to COVID-19. The Families First Coronavirus Relief Act (“FCCRA”) provides up to 12 weeks of partially paid leave for employees to care for a child whose school has closed due to COVID-19.
Read more.
September 1, 2020
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REFINING DEFINITIONS OF OWNER-EMPLOYEES AND FORGIVABLE OCCUPANCY COSTS FOR PPP LOANS
The Small Business Administration (SBA) continues to issue new rules defining forgivable costs under the Paycheck Protection Program (PPP). On August 24, 2020, the SBA issued interim final rule “Business Loan Program Temporary Changes; Paycheck Protection Program - Treatment of Owners and Forgiveness of Certain Nonpayroll Costs” (IFR).
Read more.
August 25, 2020
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GOVERNOR TOM WOLF URGES LEGISLATURE TO LEGALIZE RECREATIONAL MARIJUANA IN PENNSYLVANIA
On August 25, Pennsylvania Governor Tom Wolf released a statement publicly endorsing the legalization of recreational marijuana sales and usage. Governor Wolf stated that the revenue earned from the legalization of the substance could be utilized to fund small business relief efforts amidst economic fallout as a result of Covid-19. Additionally, the Governor would earmark this extra revenue to fund restorative justice programs.
Read more.
August 25, 2020
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SBA UPDATES FAQS TO ADDRESS AGENT FEES AND EIDL ADVANCES
On August 11, 2020 the Small Business Administration (SBA) updated two separate FAQs related to the Paycheck Protection Program (PPP). The updates address agent fees and Economic Injury Disaster Loans (EIDL).
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August 13, 2020
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UPDATED - CDC CRITICAL INFRASTRUCTURE GUIDANCE
The Centers for Disease Control and Prevention (CDC) changed its guidance for critical infrastructure workers allowing those exposed to COVID-19 to return to work as long as they remain asymptomatic and additional precautions are implemented. Previous guidance was that exposed individuals should self-quarantine for 14 days.
Read more.
August 13, 2020
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BORROWERS NOW HAVE AN APPROVAL PROCESS WHEN ADVERSELY IMPACTED BY PPP LOAN REVIEWS
The Small Business Administration (SBA) has issued a rule providing a limited appeal process under the Paycheck Protection Program (PPP) for borrowers adversely impacted by SBA reviews. The appeal process is available only after the SBA has engaged in a review of a PPP loan and only for a limited number of issues.
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August 13, 2020
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SBA ISSUES PPP LOAN FORGIVENESS FAQS
As the August 10, 2020 date for the Small Business Administration (SBA) to begin processing forgiveness applications for loans made under the Paycheck Protection Program (PPP) approaches, the SBA has issued “Paycheck Protection Program Frequently Asked Questions (FAQs) on PPP Loan Forgiveness.”
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August 6, 2020
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CDC ISSUES NEW GUIDANCE FOR PHARMACIES
COVID-19 has prompted health care providers and facilities across the United States to re-evaluate their plans for evaluating and treating patients in the face of a global pandemic. Plans have been developed to not only to guide the actual provision of health care, but also general logistics focusing on how to safely ensure the delivery of care occurs.
Read more.
August 5, 2020
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INDIANA STATEWIDE MASK ORDER
At 12:01 a.m. today, Governor Holcomb’s Executive Order requiring face coverings went into effect. The Order is in response to an increase in the number of cases and positivity rate of COVID-19 cases in Indiana.
Read more.
July 27, 2020
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CDC COVID-19 GUIDANCE FOR BANKS - SIMPLIFYING THE PROCESS FOR LOWERING RISK
It has been over four months since the COVID-19 pandemic emergency was declared. During that time, banks have been tasked with crafting solutions to address COVID-19 safety issues while assessing requirements of state executive orders, guidance from the Occupational Safety and Health Administration (OSHA), recommendations from state health agencies, and guidance from the Centers for Disease Control and Prevention (CDC).
Read more.
July 24, 2020
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SBA FORGIVENESS PORTAL TO GO LIVE AUGUST 10
The Small Business Administration (SBA) announced its intention to launch a loan forgiveness portal for lenders on August 10, 2020. Loans made by lenders under the Paycheck Protection Program (PPP) to qualified borrowers may be forgiven in whole or in part if certain certifications as to the use of the loan proceeds are satisfied. While the SBA has issued forgiveness application forms and extensive guidance on the process, there remains no mechanism to submit forgiveness applications.
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July 24, 2020
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THE U.S. COURT OF APPEALS FOR THE D.C. CIRCUIT DENIES UMWA. ET AL. WRIT OF MANDAMUS ACTIONS FOR EMERGENCY TEMPORARY STANDARDS TO ADDRESS COVIC-19.
In June, the United Mine Workers of America, International Union and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO/CLC filed a petition for a writ of mandamus on June 15, 2020, to require the Mine Safety and Health Administration (“MSHA”) to act in response to COVID-19.
Read more.
July 23, 2020
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COLORADO LAST CALL NEWS
Colorado state government has made significant changes in response to the COVID-19 pandemic. From passing new laws on workplace safety and paid leave, to issuing a statewide mandate that people wear facemasks in public spaces. However, even as these changes have gone into effect the state has continued to see a rise in COVID-19 cases. The increases are not as stark as some other states, including some neighboring states, however the consistent rise has prompted further action by the Governor.
Read more.
July 22, 2020
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COLORADO STATEWIDE MASK ORDER
In the midst of a resurgence of COVID-19 in the United States and in those states bordering Colorado, Colorado Governor Jared Polis issued a statewide mask order on July 16, 2020. Referring to studies projecting that the resurgence in COVID has a potential to overwhelm Colorado’s ICU beds by September, Polis announced that this took effect on Friday, July 17, 2020 at midnight.
Read more.
July 21, 2020
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VIRGINIA IMPLEMENTS EMERGENCY TEMPORARY STANDARDS FOR WORKPLACE SAFETY
On Wednesday, July 15, 2020, Virginia became the first state to announce that it will be implementing emergency temporary standards (“ETS”) for workplace safety in response to the coronavirus pandemic. Virginia Governor Ralph Northam announced the new regulations, which are the first workplace safety enforcement regulations specifically targeted to the COVID-19 response.
Read more.
July 16, 2020
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REG O. EXEMPTION FOR PPP LOANS EXTENDED TO AUGUST 8, 2020
The Federal Reserve has issued a final rule extending Regulation O exemptions for PPP loans made by a bank to its directors or other insiders to August 8, 2020. The new rule continues the exemptions contained in a prior rule issued on April 17, 2020. The prior rule expired on June 30, 2020.
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July 16, 2020
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PENNSYLVANIA GOVERNOR TOM WOLF ANNOUNCES NEW RESTRICTIONS AMIDST COVID-19 CASES RISING
Since the beginning of the COVID-19 pandemic, businesses have been forced to adapt or close altogether under Governor Tom Wolf’s orders which have been aimed at reducing the spread of the deadly virus. However, businesses across the state have begun to reopen under social distancing guidelines in the state’s Green Phase. Nonetheless, it appears that many businesses’ operations will be disrupted once again with Governor Wolf’s announcement of new restrictions.
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July 15, 2020
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LET'S NOT GIVE UP ON JURY TRIALS
Civil jury trials are guaranteed under the 7th Amendment for all cases in Federal Court, and that right is incorporated into the constitutions of almost every state. So, we can continue to demand jury trials in our cases even though it is unclear how long we will have to wait for them to resume. The courts must accommodate both criminal and civil jury trials and are in the process of trying to figure out how to conduct them in a way that protects the safety of all involved while preserving the integrity of the process.
Read more.
July 6, 2020
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PAYCHECK PROTECTION PROGRAM APPLICATION DEADLINE EXTENDED TO AUGUST 8
On the fourth of July, the President signed Senate Bill 4116 into law. The new law extends the deadline for submitting an application for a Paycheck Protection Program (PPP) loan to August 8, 2020. The PPP loan application deadline had previously expired on June 30, 2020. The new law reopens the program established under the CARES Act and modified by the PPP Flexibility Act.
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July 6, 2020
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WEST VIRGINIA LEGISLATURE REQUIRES PEIA TO COVER TELEHEALTH SERVICES
On June 5, 2020, a new statute covering telehealth services under the West Virginia Public Employees Insurance Act (“PEIA”) went into effect. This statute endeavors to formulate definitions regarding telehealth while also setting forth what telehealth services PEIA must cover.
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July 1, 2020
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PPP FAQ 49 ADDED TO 6/25/2020 UPDATE
On June 25, 2020, the Small Business Administration in consultation with the Treasury updated its Frequently Asked Questions (FAQ) to add Question 49. It confirms that the previously issued rules regarding the maturity dates of PPP loans.
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June 26, 2020
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SBA’S TWENTY-SECOND IFR ADDRESSES PPP GUIDANCE FOR COMMERCIAL FISHING BOAT OWNERS AND CREWMEMBERS
Last night the SBA issued its 22nd IFR addressing the treatment of PPP forgiveness for commercial fishing boat owners and crewmembers working on the boats that are considered independent contractors or self-employed for certain tax purposes under 26 U.S.C. 3121(b)(20) of the Internal Revenue Code.
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June 26, 2020
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SBA REFINES INELIGIBILITY STANDARDS FOR FELONIES
The Small Business Administration (SBA) has continued to refine the nature of a business owner’s criminal history that will make the business ineligible for a loan under the Paycheck Protection Program (PPP). On June 24, 2020, the SBA issued its 21st Interim Final Rule related to the PPP program: Business Loan Program Temporary Changes; Paycheck Protection Program-Additional Eligibility Revisions to First Interim Final Rule.
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June 25, 2020
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UMWA, ET AL. SEEKS ISSUANCE OF EMERGENCY TEMPORARY STANDARD ON COVID-19 FROM MSHA THROUGH MANDAMUS ACTION IN THE U.S. COURT OF APPEALS FOR THE D.C. CIRCUIT
The United Mine Workers of America, International Union and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO/CLC filed a petition for a writ of mandamus on June 15, 2020, to require the Mine Safety and Health Administration (“MSHA”) to take action in response to COVID-19.
Read more.
June 25, 2020
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FIFTH CIRCUITS HOLDS BANKRUPTY COURT CANNOT ENJOIN THE SBA REGARDING PPP FUNDING TO DEBTORS
Jackson Kelly previously reported on a number of Bankruptcy Courts granting temporary restraining orders against the Small Business Administration (“SBA”) to allow bankruptcy debtors to apply for Paycheck Protection Program (“PPP”) funds and prohibiting the SBA and any lender from denying the application due solely to the applicant’s status as a bankruptcy debtor.
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June 25, 2020
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TAKE AWAYS FROM A RECENTLY FILED LAWSUIT AGAINST A 401(K) POOLED PLAN TRUSTEE
A recent lawsuit filed in Rhode Island against a Trustee demonstrates the issues faced by plan Administrators in responding to extraordinary circumstances. Our goal is to arm you with the best defense possible when similar issues arise in your plan Administration.
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June 23, 2020
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FAQS CLARIFY HEALTH PLAN'S OBLIGATION TO COVER COVID-19 TESTING
The Departments of Labor, Health and Human Services and the Treasury issued a new set of Frequently Asked Questions today to provide guidance on the Families First Coronavirus Relief Act (“FFCRA”), the Coronavirus Aid, Relief and Economic Security (CARES) Act and other health coverage issues related to COVID-19.
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June 23, 2020
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CMS ANNOUNCES ENHANCED ENFORCEMENT AND SURVEYS FOR LONG TERM CARE FACILITIES
The Centers for Medicare & Medicaid Services has announced the next steps in enforcement efforts relating to long term care facilities following reduced efforts as a result of the COVID-19 pandemic. On June 1, CMS released a Quality, Safety and Oversight Group memorandum (QSO 20-31) directing state survey agency directors on a series of new steps designed to help safeguard the health and safety of long term care facilities.
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June 22, 2020
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COVID-19 THE TIME TO DISCUSS YOUR STRATEGIC DIRECTION
In times of substantial economic disruption, the natural tendency is to address short-term concerns and put off consideration of longer term strategy until the disruption passes and the picture becomes clearer. Delaying consideration of strategic direction in this fashion forgoes timely consideration of strategic opportunities and evaluation of risks presented by the disruption. Examining your strategic direction is one of the most important measures you can take in times of change and uncertainty.
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June 19, 2020
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SBA NINETEENTH IFR AMENDS PPP GUIDANCE FOR SELF-EMPLOYED BORROWERS
The Paycheck Protection Program Flexibility Act (Flexibility Act) modified the Paycheck Protection Program (PPP) and associated forgiveness established by the CARES Act. The modifications expanded the amount of potentially forgivable payroll expense per employee from $15,385 to $46,154. By interim final rule, the Small Business Administration (SBA) has limited the maximum forgivable owner compensation for self-employed individuals to $20,833.
Read more.
June 18, 2020
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PENNSYLVANIA GRANT PROGRAM ANNOUNCED FOR BUSINESSES ACROSS PA AFFECTED BY COVID-19
The COVID-19 pandemic has caused severe economic damage to businesses across the commonwealth of Pennsylvania. Businesses were forced to adapt or close altogether under Governor Tom Wolf’s orders which were aimed at reducing the spread of the deadly virus.
Read more.
June 18, 2020
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SBA SOFTENS PPP ELIGIBILITY REQUIREMENT FOR NON-DISHONESTY FELONIES AND ISSUES A REVISED APPLICATION
The Small Business Administration (SBA) has softened the qualified eligibility limits for borrowers with owners with charges or convictions of a felony. This change in eligibility requirements accompanies the issuance of a revised PPP application that complies with the Paycheck Protection Program Flexibility Act (Act).
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June 15, 2020
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TIPS FOR PRE-TRIAL PRACTICE DURING A PANDEMIC
Now that I can get my haircut and eat at my favorite restaurant, do I have to go to court? Businesses across the country are looking to reopen and courts are feeling their way through the limitations necessitated by COVID-19, how to safely move forward, and dealing with backlog. Federal and State Courts initially went into partial shutdown, focusing on handling essential or emergency matters only. Lawyers were left to figure out how to move parts of their practice into a virtual setting.
Read more.
June 15, 2020
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APPEALS COURT AFFIRMS OSHA’S DECISION TO NOT ISSUE COVID-19 EMERGENCY TEMPORARY STANDARD
On Thursday, June 11, 2020, the D.C. Circuit Court of Appeals rejected a request by the American Federation of Labor and Congress of Industrial Organizations (“AFL-CIO”) to force the Occupational Safety and Health Administration (“OSHA”) to issue an “Emergency Temporary Standard” (“ETS”) in response to workplace safety concerns arising from the novel Coronavirus and COVID-19.
Read more.
June 12, 2020
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INITIAL REGULATORY INTEPRETATION OF THE FLEXIBILITY ACT CHANGES TO THE PPP
The Small Business Administration (SBA) began its interpretation of the Paycheck Protection Program Flexibility Act of 2020 (Flexibility Act) with the issuance of its seventeenth interim final rule related to the Paycheck Protection Program (PPP). The Flexibility Act includes significant changes to the PPP and loan forgiveness provisions of the CARES Act. On June 10, 2020 the SBA published “Business Loans Program Temporary Changes; Paycheck Protection Program-Revisions to First Interim Final Rule” (IFR).
Read more.
June 11, 2020
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TELEPHONE COOPERATIVES MAY BE ELIGIBLE FOR PPP LOANS
Telephone cooperatives that are exempt from federal income taxation under section 501(c)(12) of the Internal Revenue Code may be eligible for PPP loans if they meet the sized standards and other eligibility requirements of the PPP.
Read more.
June 8, 2020
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REMOTE SIGNATURE - IRS PROVIDES TEMPORARY RELIEF VIA NOTICE 2020-42
In order to assist in processing of plan distributions and loans (whether or not COVID-19 related), the IRS is providing temporary administrative relief by allowing flexibility for remote signatures from retirement plan participants and beneficiaries and spouses. This change relates to the existing requirement that a plan representative or a notary public must physically witness the signatures of the individual making the election and, when applicable, a spouse's consent to the election.
Read more.
June 8, 2020
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WHAT GREEN PHASE MEANS FOR PENNSYLVANIA BUSINESSES
On June 5, 2020, Allegheny County is moving into the green phase, allowing for some semblance of normalcy to return, but some restrictions will remain in place. On March 19, 2020, Governor Wolf ordered that all non-life sustaining businesses close, On May 15, 2020, the Governor Wolf transitioned Allegheny County and other southwestern Pennsylvania counties to yellow phase.
Read more.
June 5, 2020
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TREATING BY TELEMEDICINE: MORE THAN JUST PICKING UP THE PHONE AND CALLING-IN A PRESCRIPTION
Although the West Virginia Board of Medicine (“WVBOM”) suspended some provisions of the West Virginia Medical Practice Act to allow for greater use of telemedicine, it has not suspended all provisions of the telemedicine statute. In a departure from W. Va. Code § 30-3-13a(c), the WVBOM now states that “if audio only communication satisfies the standard of care for a particular patient presentation, it may be used to establish a provider patient relationship and to provide patient care.”
Read more.
June 4, 2020
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CONGRESS APPROVES MUCH NEEDED CHANGES TO THE PPP
Last night the Senate passed House Bill 7010, the Paycheck Protection Program Flexibility Act (the "Act"), which for the most part provides substantial relief to recipients of loans under the Paycheck Protection Program (PPP). The President is expected to sign the Act into law. The Act changes the PPP and the forgiveness provisions of the CARES Act.
Read more.
June 4, 2020
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DATA PRIVACY/DATA SECURITY LAWS ARE SET TO BE ENFORCED ARE YOU READY?
Almost all businesses have been impacted in some way by the COVID-19 pandemic. Uncertainty, often coupled with an abrupt business interruption, forced many executives to put their company’s initiatives on temporary hold. The pandemic did not affect the July 1, 2020 enforcement deadline for the California Consumer Privacy Act (“CCPA”) and the Cybersecurity Maturity Model Certification (“CMMC”), two major regulatory provisions affecting hundreds of thousands of businesses.
Read more.
June 4, 2020
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WEST VIRGINIA PROVIDERS BEWARE: THE NEWLY-PASSED "PATIENT BROKERING ACT" HAS EXPANSIVE AND UNCERTAIN IMPLICATIONS
On March 7, 2020 - just as the COVID-19 pandemic was starting to grip the nation - the West Virginia Legislature passed House Bill 4422, titled “The Patient Brokering Act” (hereafter sometimes referred to as the “Act”). Perhaps due to the timing of the COVID-19 pandemic, there has been seemingly scant discussion about the Act, and its potential implications for health care providers.
Read more.
June 2, 2020
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HIGHER EDUCATION INSTITUTIONS THE TARGET OF CLASS-ACTION LAWSUITS AMIDST COVID-19 RESPONSE
In March, many higher education institutions made the difficult decision to send students home to combat the spread of the COVID-19 virus and implemented distance learning techniques such as video lectures and online modules to finish the current semester. Forty-one states followed up with orders forcing most non-essential businesses to close or restrict access.
Read more.
June 1, 2020
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CRAVING THE SPA, GYM TIME, OR A HAIRCUT: WHAT ARE YOU WILLING TO WAIVE IN RETURN?
As a result of Governor Justice’s most-recent Executive Order, West Virginia businesses are beginning to reopen. For those of us who have not had a haircut, gone to the gym, or shopped in a retail store since March, this is good news. We can now stop watching YouTube videos on how to cut and dye our own hair.
Read more.
May 29, 2020
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SBA PPP LOAN REVIEWS POSE RISKS FOR BOTH BORROWERS AND LENDERS
It is well known that the quality of a loan portfolio is dependent on the quality of the loan files. That is certainly true of loan portfolios created under the Paycheck Protection Program (PPP). Documentation will be the key to ensuring positive outcomes for both borrowers and lenders.
Read more.
May 28, 2020
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OSHA ISSUES COVID-19 GUIDANCE FOR THE CONSTRUCTION INDUSTRY
As part of its on-going program to provide guidance to various industries that are continuing to work through the Coronavirus pandemic, OSHA this week established a single-source webpage with coronavirus-related guidance for the construction industry. The guidance includes recommended actions for both employers and employees to reduce the risk of exposure to coronavirus at the jobsite.
Read more.
May 28, 2020
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REMINDER FOR HEALTH CARE PROVIDERS: COMMUNICATE AND DOCUMENT TO HELP AVOID LITIGATION
As we begin to “reopen” following the initial assault from COVID-19, health care providers continue to adjust to the “new normal” of practicing medicine during an ongoing pandemic. Amid discussions of personal protective equipment, installation of plexiglass waiting room enclosures and increased testing availability, it is important to remember some basics to help avoid litigation.
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May 27, 2020
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SCHOOL'S OUT FOR SUMMER: DO EMPLOYEES STILL GET PAID LEAVE?
Although it’s been some time since many children have physically attended school, the school year is officially coming to a close across the country. No more virtual classes, at-home learning and parent-led studies (at least for a little while). Kids and parents/caregivers alike may be happy to get a break from what has been a unique couple of months as schools and families adjusted to at-home education during the COVID-19 pandemic, but summer may not look the same for kids who would typically spend it attending summer camps or other summer programs.
Read more.
May 27, 2020
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NEW PPP GUIDANCE CONTINUES PROMOTION OF FORGIVENESS
Recent guidance from the Treasury Department (Treasury) and the Small Business Administration (SBA) continues to promote an inclusive definition of forgivable expenses. On May 22, 2020, Treasury published its fourteenth interim final rule related to the Paycheck Protection Program (PPP): “Business Loan Program Temporary Changes; Paycheck Protection Program-Requirements-Loan Forgiveness” (Fourteenth IFR).
Read more.
May 27, 2020
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BUSINESS INVITEES AND WAIVERS IN PENNSYLVANIA
Over the past few months, we have become accustomed to the New Normal of our personal and professional lives in the midst of the novel coronavirus, which causes the COVID-19 disease (collectively, “COVID-19”).
Read more.
May 22, 2020
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BUSINESS INVITEES AND EXPRESS WAIVERS IN INDIANA
On May 1st, Indiana Governor Eric Holcomb announced Indiana’s “Back on Track” plan, a five-stage roadmap to reopen the state for business. As businesses begin reopening under this plan, they must take steps to keep employees and customers safe from communicating Covid-19 and safeguard against potential liability if a customer contracts the disease at the business location.
Read more.
May 22, 2020
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WHAT IS REQUIRED FOR A VALID WAIVER IN COLORADO?
Contractual waiver of liability clauses are recognized under Colorado law, but are construed narrowly and “closely scrutinized” to make sure that the agreement was fairly entered into and that the intention of the parties is expressed in clear and unambiguous language.
Read more.
May 22, 2020
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WHAT IS REQUIRED FOR A VALID WAIVER IN KENTUCKY?
Kentucky is one of the minority of states that generally requires pre-injury waivers to specifically refer to negligence or clearly intend to bar negligence through other language.
Read more.
May 22, 2020
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BUSINESSES CAN REQUIRE CUSTOMERS AND EMPLOYEES TO WEAR MASKS DURING THE COVID-19 PANDEMIC
Inexplicably, wearing face masks during the COVID-19 pandemic has become controversial. We see viral videos of people claiming that their rights have been violated. Several instances have been reported where retail customers are challenging requirements to wear masks when patronizing a business.
Read more.
May 22, 2020
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MAKING EXTENDED DEADLINES FOR SAFE HARBOR AND REPORTING OFFICIAL
On March 22, the Supreme Court of The Treasury Department issued a rule implementing changes in the Paycheck Protection Program (PPP) eligibility safe harbor and the lender reporting deadlines previously authorized in the Paycheck Protection Program Loans Frequently Asked Questions (FAQs).
Read more.
May 21, 2020
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STATUS OF WEST VIRGINIA STATE AND FEDERAL COURTS
On March 22, the Supreme Court of Appeals declared a “judicial emergency” due to the Covid-19 public health crisis and suspended trials, in person hearings, and deadlines. Subsequent orders extended the emergency period to May 15. On May 6, 2020, the Court ended the emergency declaration by issuing a “Resumption of Operations” order and “Covid-19 Resumption of Operations Protocols.”
Read more.
May 20, 2020
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OSHA UPDATED INTERIM ENFORCEMENT RESPONSE PLAN FOR CORONAVIRUS DISEASE 2019 (COVID-19)
On Tuesday, May 19, 2020, the Occupational Safety and Health Administration (OSHA) issued new enforcement guidance for areas of the country that have seen low or falling incidents of community spread of COVID-19. This guidance replaces the guidance OSHA issued in April which relaxed enforcement for certain kinds of reporting.
Read more.
May 20, 2020
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COVID-19 MINE WORKER PROTECTION ACT INTRODUCED IN UNITED STATES SENATE
On May 14, 2020, Senator Joseph Manchin, III (D-WV), along with co-sponsors, Richard Durbin (D-IL), Timothy Kaine (D-VA), Shelley Moore Capito (R-WV), Douglas Jones (D-AL), Sherrod Brown (D-OH), Mark Warner (D-VA) and Robert Casey (D-PA), introduced a Bill to require the Secretary of Labor to promulgate Emergency Temporary Standards (“ETS”) within 7 days of passage to protect miners in coal or other mines from occupational exposure to COVID 19 (also referred to SARS-CoV-2).
Read more.
May 18, 2020
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PPP TREATMENT OF PAST SIZE CERTIFICATIONS THAT EXCLUDED NON-U.S. EMPLOYEES
The Small Business Administration clarified the treatment of borrowers that submitted size certifications that excluded the non-U.S. employees of the borrower and its foreign affiliates under the Paycheck Protection Program (PPP).
Read more.
May 18, 2020
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A PRACTICAL AND EXPANSIVE APPROACH TO FORGIVENESS
The Small Business Administration (SBA) issued the ‘Paycheck Protection Program Loan Forgiveness Application” and instructions (App). Later today, Bob Tweel will be publishing an article summarizing the App’s features. This post highlights a few significant procedural features of the App and some apparent efforts to make the forgiveness calculations easier and more expansive.
Read more.
May 18, 2020
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HEROES ACT
Late last night the House passed the Heroes Act, H.B. 6800, which tries to expand the scope of the Paycheck Protection Program and does provide some necessary technical corrections.
Read more.
May 16, 2020
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PPP FORGIVENESS APPLICATION
The Forgiveness application produced by Treasury answers several questions about the forgiveness process.
Read more.
May 16, 2020
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THE INTERNAL REVENUE SERVICE ISSUES NEW FAQS REGARDING THE EMPLOYEE RETENTION CREDIT
The Internal Revenue Service (“IRS”) recently updated its frequently asked questions (“FAQs”) regarding the Employee Retention Credit (“ERC”) under the CARES Act. Here are some important highlights.
Read more.
May 15, 2020
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ELECTRIC COOPERATIVES MAY BE ELIGIBLE FOR PPP LOANS
Electric cooperatives that are tax-exempt under 501(c)(12) of the Internal Revenue Code (Code) are considered business entities organized for profit and therefore eligible for loans under the Paycheck Protection Program (PPP) as long as other eligibility requirements are met.
Read more.
May 15, 2020
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CARES ACT - QUICK REFERENCE GUIDE
With the flood of information, we wanted to provide financial advisors and plan sponsors with a summary FAQ quick reference guide for key topics. Here are the Most Commonly Asked Questions and Answers currently available. We will keep you apprised of any further developments. Certainly, feel free to reach out to us with any questions. Jackson Kelly PLLC is here, as we have been for 200 years, to assist you.
Read more.
May 14, 2020
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PPP LOAN INCREASES POSSIBLE FOR PARTNERSHIPS AND SEASONAL EMPLOYEES IF THE INITIAL LOANS HAVE NOT BEEN REPORTED BY THE LENDER
For Paycheck Protection Program (PPP) loans not yet reported by the lender on Small Business Administration (SBA) Form 1502, certain borrowers may apply to increase the amount of their initial loan. Partnerships that applied for a PPP loan under the rules applied prior to April 28, 2020 and seasonal employers that applied for a PPP loan under the rules applied prior to April 14, 2020 may be eligible to increase their loans to maximum amounts consistent with current SBA rules.
Read more.
May 14, 2020
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PPP FAQ 47 ADDED TO 5/13/2020 UPDATE
The PPP safe harbor term for “necessary” certification is extended to May 18, 2020.
Read more.
May 14, 2020
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INTERNAL REVENUE SERVICE UPDATES CAFETERIA PLAN AND HEALTH FLEXIBLE SPENDING ARRANGEMENT RULES IN THE FACE OF COVID-19
With the issuance of Notice 2020-29 and Notice 2020-33, the Internal Revenue Service (“IRS”) increased the carryover amount allowed for health flexible spending arrangements and expanded election rules for cafeteria plans. Employers wanting to offer these new options and provide additional flexibility to their employees must amend their plans.
Read more.
May 13, 2020
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ECONOMIC NECESSITY SAFE HARBOR
The SBA provided a great deal of relief to PPP loan borrowers today concerning the economic necessity certification. In a new FAQ 46, the SBA provided a safe harbor concerning the economic necessity certification which required borrowers to certify in good faith that “[c]urrent economic uncertainty makes this loan request necessary to support the ongoing operations of the Applicant.”
Read more.
May 13, 2020
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UPDATED: KENTUCKY PUBLISHES REVISED MINIMUM REQUIREMENTS AND ADDITIONAL GUIDANCE FOR CONSTRUCTION BUSINESSES TO RE-OPEN AND REMAIN OPEN
The construction industry was identified as a life-sustaining business and permitted to continue operations during the beginning stages of the COVID-19 pandemic in Kentucky. At that time, the construction industry was instructed to follow all CDC recommendations while conducting business.
Read more.
May 13, 2020
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COVID-19 EXPOSURE: HEALTH CARE PROVIDER LIABILITY IMMUNITY AND PROTECTIONS
As health care professionals across the country are working to respond to the COVID-19 pandemic, providers are having to step in to fill critical shortages outside their respective fields of practice. This is creating a growing concern about potential liability.
Read more.
May 13, 2020
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USPTO REVISES DEADLINES IN LIGHT OF PANDEMIC
The U.S. Patent and Trademark Office (USPTO) temporarily revised statutory deadlines as authorized by the CARES Act, moving many deadlines to June 1, 2020, if the filing delay was due to COVID-19 related circumstances.
Read more.
May 12, 2020
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PENNSYLVANIA EXECUTIVE ORDER GRANTS CIVIL IMMUNITY TO HEALTHCARE PROVIDERS - IMPORTANT LIMITATIONS AND TAKEAWAYS
Last week, Governor Wolf issued an executive order on May 6, 2020, effective immediately, intended to provide healthcare practitioners with protection from liability while conducting emergency services activities or disaster services activities related to the Commonwealth’s COVID-19 emergency response (“COVID-Services”).
Read more.
May 11, 2020
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PPP SAFE HARBOR EXTENDED FOR ALL APPLICATIONS BUT STILL NO GUIDANCE ON "NECESSITY" CERTIFICATION.
On May 8, 2020, the Treasury Department issued its Ninth Interim Final Rule (Ninth IFR) related to the Paycheck Protection Program. The Ninth IFR revises the language in Part III. 5. of the Fourth Interim Final Rule1 issued April 25, 2020 providing a “Limited Safe Harbor with Respect to Certification Concerning Need for PPP Loan Request.”
Read more.
May 11, 2020
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KENTUCKY STATE VETERINARIAN RECOMMENDS BEST PRACTICES FOR YEARLING INSPECTIONS IN ADVANCE OF REVISED THOROUGHBRED SALES SEASON
As the thoroughbred industry tries to return to a sense of normalcy, plans for thoroughbred sales are underway. Fasig-Tipton has adjusted its calendar to present a new Selected Yearling Showcase on September 9-10 for yearlings typically considered for The Saratoga Sale, as well as yearlings that would typically be offered in the upper echelon of its July Sale and New York Bred Yearling Sale. Keeneland’s 2020 September Yearling Sale follows beginning on September 14.
Read more.
May 9, 2020
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WHAT YELLOW PHASE IN PENNSYLVANIA MEANS FOR YOUR BUSINESS
On March 19, 2020, Governor Wolf ordered that all non-life sustaining businesses close, and followed with a stay at home order on April 1, 2020. On May 8, 2020, the Governor transitioned 24 counties around Pennsylvania from red phase to yellow phase to begin reopening the state incrementally.
Read more.
May 8, 2020
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KENTUCKY PUBLISHES MINIMUM REQUIREMENTS FOR CONSTRUCTION BUSINESSES TO RE-OPEN AND REMAIN OPEN
By Executive Order 2020-257, dated March 25, 2020, Governor Beshear announced that the construction industry was a life-sustaining business and permitted to continue operations during the beginning stages of the COVID-19 pandemic in Kentucky. In this Order, the construction industry was instructed to follow all CDC recommendations while conducting business.
Read more.
May 8, 2020
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HEALTHCARE DEBTORS RECEIVE COURT RELIEF (FOR NOW) FROM THE SBA’S RULE AGAINST DEBTORS RECEIVING PPP LOANS—SOME LAWMAKERS WANT PERMANENT RELIEF
While many ICUs in various parts of the country have been overwhelmed with COVID-19 patients, many healthcare providers have suffered significant financial losses due to non-emergent visits and elective procedures being put on hold while states prepared for their respective peaks for COVID-19 cases.
Read more.
May 7, 2020
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MORE GUIDANCE FROM THE EEOC REGARDING COVID-19 AND THE ADA
We’re entering the fifth month of a national public health emergency regarding the COVID-19 pandemic, and it’s become clear that employers and human resource professionals will need to apply and rethink traditional employment law concepts in a new environment. The Equal Employment Opportunity Commission (“EEOC”) once again issued some updated guidance for employers who are trying to comply with requirements under the Americans with Disabilities Act.
Read more.
May 7, 2020
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SUPREME COURT OF APPEALS OF WEST VIRGINIA ISSUES RESUMPTION OF OPERATIONS ORDER AND PROTOCOLS FOR COURT OPERATIONS AFTER EXPIRATION OF JUDICIAL EMERGENCY
On May 6, 2020, The Supreme Court of Appeals of West Virginia took the first step towards moving past the Covid-19 crisis by issuing an administrative order entitled “Resumption of Operations” stating that “certain court business may resume upon expiration of the judicial emergency” in accordance with Covid-19 Resumption of Operations Protocols issued the same day.
Read more.
May 7, 2020
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EIGHTH SBA INTERIM FINAL RULE ADDRESSES PPP ELIGIBILITY QUESTIONS ON NON-DISCRIMINATION AND STUDENT WORKERS
On May 5, 2020, the Treasury Department issued its eighth interim final rule (IFR) related to the Paycheck Protection Program, “Business Loan Program Temporary Changes; Paycheck Protection Program-Nondiscrimination and Additional Eligibility Criteria.” The IFR answers two questions related to eligibility; non-discrimination and student workers.
Read more.
May 6, 2020
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SAFE HARBOR EXTENDED; QUESTIONS STILL UNANSWERED
On May 5th, the Department of the Treasury updated the Paycheck Protection Program Frequently Asked Questions to add questions 43 and 44.
Read more.
May 6, 2020
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PUC AND PPP INTERSECTION
What is the relationship between Pandemic Unemployment Compensation ("PUC") and the payroll requirements of the Paycheck Protection Program ("PPP") loan forgiveness? The PPP rules tie loan forgiveness to an employer’s payroll, full-time equivalent census, and reductions in payroll. Pandemic Unemployment Compensation provides enhanced unemployment benefits of $600 per week.
Read more.
May 5, 2020
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INDIANA RE-OPENING FOR BUSINESS
On May 1, 2020, Governor Holcomb issued an executive order providing a roadmap for how Indiana business and state government will reopen. The executive order sets forth a plan for the reopening of businesses in numerous stages. Stage 2 begins for most Indiana counties on May 5th and continues to May 23rd.
Read more.
May 5, 2020
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PLAY IT AGAIN SAM—CMS ISSUES ROUND TWO OF TELEHEALTH CHANGES
CMS has issued more telehealth regulatory flexibilities in light of the COVID-19 public health emergency (PHE), including new blanket waivers, guidance for rural health clinics and federally qualified health centers under the CARES Act, and a new interim final rule issued April 30, 2020 (IFC).
Read more.
May 4, 2020
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SBA UPDATE TO FAQ S BEGINS TO ADDRESS FORGIVENESS QUESTIONS
The Treasury issued an update to the Paycheck Protection Program Frequently Asked Questions on Sunday, May 3, 2020. The update added Question 40: “Will a borrower’s PPP loan forgiveness amount …be reduced if the borrower laid off an employee, offered to rehire the same employee, but the employee declined the offer?”
Read more.
May 4, 2020
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ONE BIG QUESTION ANSWERED - UNFORTUNATELY WITH A NO.
The IRS released Notice 2020-32 addressing expenses paid with PPP loan proceeds which are subsequently forgiven. The CARES Act exempts the forgiveness of the PPP loan proceeds from federal taxable income. There had been some question as to whether the expenses paid which gave rise to the forgiveness would be allowable as deductions for federal income tax purposes.
Read more.
May 1, 2020
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COVID-19 TORT REFORM: SENATE MAJORITY LEADER MCCONNELL PUSHES FOR LIABILITY PROTECTION FOR BUSINESSES AND HOSPITALS
Now that parts of society are planning to begin the first phase of reopening, policy makers are considering what legal and regulatory obstacles businesses and healthcare providers might face. On Tuesday, U.S. Senate Majority Leader Mitch McConnell said a “condition” for the next coronavirus bill must include liability protections for businesses and hospitals
Read more.
May 1, 2020
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GROUP HEALTH PLAN DEADLINES EXTENDED
On April 29, the Departments of Labor and the Treasury, in consultation with the Department of Health and Human Services, issued a new final rule with respect to extensions of time for various deadlines related to employee benefit plans. The new rule extends timeframes with respect to HIPAA, COBRA and ERISA claims for benefits by disregarding the “Outbreak Period,” defined as the period from March 1, 2020 until 60 days after the announced end of the National Emergency period (or a later date announced in subsequent guidance).
Read more.
April 30, 2020
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SBA INTERIM RULE ON CORPORATE GROUP LIMITS AND QUALIFICATION OF NON-BANK LENDERS
The Treasury Department today issued interim final rule (IFR) “Business Loan Program Temporary Changes; Paycheck Protection Program-Requirements-Corporate Groups and Non-Bank and Non-Insured Depository Institution Lenders.”
Read more.
April 30, 2020
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UPDATED PAYCHECK PROTECTION PROGRAM (PPP) LOANS FREQUENTLY ASKED QUESTIONS
The U.S. Department of Treasury updated its Paycheck Protection Program Loans Frequently Asked Questions (FAQs) to add questions 38 and 39.
Read more.
April 30, 2020
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COVID-19 HOTSPOTS IN INDUSTRIAL SETTINGS AND EMPLOYER LIABILITY
Localized outbreaks of COVID-19 have plagued large industrial employers. A special focus has been placed on meat processing facilities, as plants across the country have become hotspots due to close quarters working conditions and allegations of insufficient responses by management in excluding ill workers and providing well workers with appropriate personal protective equipment (“PPE”).
Read more.
April 29, 2020
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ADDITIONAL PPP DISBURSEMENT GUIDANCE
Last night the Treasury Department issued a new Interim Final Rule “Business Loan Program Temporary Changes; Paycheck Protection Program-Requirements-Disbursements.”
Read more.
April 29, 2020
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REOPENING YOUR WORKPLACE - WHAT OSHA AND THE CDC RECOMMENDS
States are beginning to plan ways to safely reopen their economies, and with that, businesses that closed due to the COVID-19 pandemic should plan how to reopen as well. The Occupational Safety and Health Administration (“OSHA”) and Centers for Disease Control (“CDC”) have issued guidance and recommendations that should assist businesses in reopening.
Read more.
April 28, 2020
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CONSTRUCTION TO RESUME IN PENNSYLVANIA ON MAY 1ST UNDER SPECIAL GUIDELINES
At a standstill since Governor Tom Wolf issued his order closing “nonessential” businesses, construction work, including new construction, renovation, and repair and land subdivision and design related field activities may resume on May 1 under Governor Wolf’s guidelines issued last week. In-person inspections and appraisals relating to construction loans and UCC building plan review necessary for the construction projects may also resume.
Read more.
April 27, 2020
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OSHA COVID-19 GUIDANCE SPECIFIC TO THE CONSTRUCTION INDUSTRY
On April 21, 2020, the Occupational Safety and Health Agency (OSHA) issued guidance specific to the construction industry to help reduce the spread of the coronavirus among the workforce.
Read more.
April 27, 2020
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LATEST COVID-19 STIMULUS EFFORTS PROVIDE HELP TO THE HORSE INDUSTRY
The latest COVID-19 stimulus package smoothed the way to accessing programs in the CARES Act in three ways that impact the horse industry: (1) additional funding has been made available for the Paycheck Protection Program loans, which remains available to horse farms eligible for the program; (2) horse farms with 500 or fewer employees are now eligible for the Economic Injury Disaster Loan program; and (3) racetracks that had previously been excluded from the PPP are now eligible.
Read more.
April 27, 2020
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SBA UPDATED FAQS SUNDAY
The SBA Payment Protection Loan Programs FAQs has been updated to add Question 36 that deals with borrower eligibility. In calculating the 500 employee threshold, part-time employees are counted in addition to full-time employees. Part-time employees are not counted on a FTE basis.
Read more.
April 27, 2020
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NEW GUIDANCE ON CALCULATING PPP LOANS
The Treasury Department issued new guidance for borrowers on Friday, “Paycheck Protection Program How to Calculate Maximum Loan Amounts-by Business Type.”
Read more.
April 27, 2020
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SUPREME COURT ISSUES TEMPORARY AMENDED ORDER ON CIVIL CASES
On April 24, 2020, the Supreme Court of Appeals of West Virginia issues an order (Docket No. 20-Rules-04) which “temporarily amend[s] certain rules governing the conduct of civil litigation under the West Virginia Rules of Civil Procedure.”
Read more.
April 26, 2020
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SUPREME COURT OF APPEALS OF WEST VIRGINIA EXTENDS JUDICIAL EMERGENCY TO MAY 15, 2020
On April 21, 2020, the Supreme Court of Appeals of West Virginia entered an amended order which extends the declaration of judicial emergency to May 15, 2020.
Read more.
April 24, 2020
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IMPORTANT NOTE FOR PPP LOAN RECIPIENTS ABOUT DEFERRING SOCIAL SECURITY TAXES
The CARES Act allows all employers to defer certain deposits and payments of Social Security taxes this calendar year. Generally, deposits and payments of the employer’s portion of Social Security taxes may be deferred if such deposits and payments are due from March 27, 2020 through December 31, 2020.
Read more.
April 23, 2020
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CARES ACT UPDATE: HHS ANNOUNCES DETAILS OF $70 BILLION INFUSION INTO HEALTH CARE SYSTEM
On April 22, 2020, the Department of Health and Human Services (“HHS”) announced how it will allocate a large portion of the remaining $70 billion of funding established by Title III of the CARES Act (the “Provider Relief Fund”) to certain health care providers impacted by COVID-19. As addressed in a prior Jackson Kelly Health Law Monitor article, HHS announced on April 9, 2020, that it would begin distributing $30 billion of a total $100 billion of the Provider Relief Fund.
Read more.
April 23, 2020
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EMPLOYERS MAY REQUIRE COVID-19 TESTING
Many employers have furloughed or laid off employees because of the COVID-19 pandemic. As employers begin to assess their ability to ramp up operations and call employees back to work, one question to consider is whether employers can require their employees to be tested for COVID-19. On Thursday, April 23, 2020, the EEOC provided some guidance regarding that question.
Read more.
April 23, 2020
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COVID-19: CHANGES TO GROUP HEALTH PLANS REQUIRED
In the past month, the COVID-19 pandemic has prompted unprecedented change for employers, including employer-sponsored group health plans. The Departments of Labor, Health and Human Services and Treasury recently issued FAQs to implement the new health coverage provisions for group health plans and issuers. This article summarizes the major requirements imposed on employer-sponsored group health plans as set forth in COVID-19-related legislation.
Read more.
April 23, 2020
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HEALTH CARE LIABILITY EXPOSURE IN THE AGE OF COVID-19
Our nation’s health care providers have resoundingly answered the call for extraordinary responses to the extraordinary demands of COVID-19 public health crisis. Many providers show up to work to meet the unique demands of COVID-19 patients, but for others, the pandemic radically altered normal practices through deferral of certain treatments and procedures, replacement of office visits with telehealth conferences, or even re-location to a different geographic region or practice area to address workforce issues in the frontline defense against the virus.
Read more.
April 22, 2020
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COVID-19 UPDATE: PROVIDERS PARTICIPATING IN COVID-19 CLINICAL TRIALS NOW ELIGIBLE FOR MIPS CREDIT
A recent announcement by the Centers for Medicare & Medicaid Services (CMS) provides that clinicians in the Quality Payment Program (QPP) are eligible to earn Merit-based Incentive Program System (MIPS) credit for participating in the “MIPS COVID-19 Clinical Trials” improvement activity. To receive credit for this new measure, clinicians must attest that they are participating in a COVID-19 clinical trial that utilizes a drug or biological product to treat COVID-19 patients and report their findings through a clinical data repository or clinical data registry for the duration of their study.
Read more.
April 21, 2020
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PPP NEW FUNDING
The Senate approved $483 billion for the Paycheck Protection Program offered through the SBA, and the House is expected to vote later this week. Any application denied because of lack of funds or not submitted, should be resubmitted immediately. Note, some banks are still processing first round loan applications, so if you had not heard anything from your bank, you should confirm your application is still in process and will be eligible to receive these funds.
Read more.
April 21, 2020
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WRONGFUL DEATH LAWSUIT AGAINST WALMART HIGHLIGHTS IMPORTANCE OF EMPLOYERS STAYING ABREAST OF AND IMPLEMENTING THE LATEST CDC AND OSHA GUIDANCE
In what has already become a minefield of potential employer liability related to the COVID-19 pandemic, the nation’s largest employer - Walmart - is facing a wrongful death suit following the death of one of its Chicago-area employees after the employee allegedly passed away from COVID-19 health complications. As with the virus itself, questions abound about the extent of employer liability for alleged workplace-related COVID-19 exposure and even fatalities.
Read more.
April 21, 2020
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VIRTUAL RISE & SHINE
Join us as the Martinsburg-Berkeley County Chamber of Commerce hosts a virtual Rise & Shine program Friday, April 24, 2020, at 8:00 a.m. featuring Jackson Kelly Member, Wendy G. Adkins who will discuss employment issues companies may be facing during the COVID-19 pandemic. To register please visit https://conta.cc/2zlO2w7.
April 21, 2020
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CMS ISSUES RECOMMENDATION TO RE-OPEN HEALTH CARE SYSTEMS WITH LOW INCIDENCE OF COVID-19
A decline in COVID-19 cases and stabilization has prompted conversation regarding Phase 1 in the Whitehouse’s Guidelines for Opening Up America. The Centers for Medicare & Medicaid Services (CMS) issued guidelines for gradually re-opening health care systems to provide essential non-COVID-19 care to patients in those areas with low, or relatively low and stable incidence of COVID-19.
Read more.
April 20, 2020
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BUSINESS ASK ME! FORUM: LABOR AND UNEMPLOYMENT LAWS DURING COVID-19 PANDEMIC
Join us for an employer-focused webinar and interactive session for business owners who have been impacted by COVID-19 with Jackson Kelly PLLC’s Labor & Employment Members Wendy Adkins and Jill Hall. This webinar, hosted by the WV Small Business Development Center, will address key questions and issues that small businesses must navigate when managing their workforce during the COVID-19 pandemic, including State stay-at-home orders, county health department orders, the Families First Coronavirus Response Act, and other long-standing state and federal employment laws. Visit https://bit.ly/3cpzWrI to register.
April 20, 2020
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HARMONIZING REG. O WITH SBA RULES FOR MAKING PPP LOANS TO DIRECTORS AND PRINCIPAL SHAREHOLDERS
The Federal Reserve brought Regulation O into substantial harmony with the Small Business Administration (SBA) Interim Final Rule authorizing SBA lenders to extend Payroll Protection Program (PPP) loans to businesses owned or controlled by a lender’s directors and shareholders holding a less than 30 percent equity interest in the lender.
Read more.
April 20, 2020
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OSHA ISSUES ENFORCEMENT GUIDANCE FOR COVID-19
OSHA issued a COVID-19 Interim Enforcement Response Plan to its area offices, state plan designees, and compliance safety and health officers instructing on the prioritization and response to workplace complaints related to COVID-19. Employers will find this latest guidance of interest in responding to and protecting employees from COVID-19 related health and safety concerns.
Read more.
April 17, 2020
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WEST VIRGINIA BUSINESSES BEWARE: EMERGENCY RULE CREATES SWEEPING OPERATIONAL REQUIREMENTS
On April 16, 2020, the West Virginia Department of Health and Human Resources, Bureau for Public Health (“BPH”) promulgated an emergency rule in response to the ongoing COVID-19 pandemic. This rule, titled Public Health Standards for Businesses Remaining Open During the COVID-19 Outbreak, establishes uniform public health standards for businesses currently operating in the state of West Virginia. This article will detail the applicability and requirements established by the Rule.
Read more.
April 17, 2020
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THE GIG ECONOMY AND CARES ACT Q&A
The Coronavirus Aid, Relief, and Economic Security (CARES Act) provides unemployment benefits for gig economy workers. What is the impact on the workers and the businesses that hire them, and what could be next?
Read more.
April 17, 2020
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COVID-19 IMPACT ON POOLED RETIREMENT PLANS
Business disruptions and market turbulence wrought by COVID-19 have caused many employers to evaluate their qualified retirement plans. This is a prudent step for employers that are named fiduciaries of their plans because the Employee Retirement Income Security Act of 1974 (ERISA) requires fiduciaries to act for the exclusive benefit of plan participants and their beneficiaries, make decisions prudently, diversify plan assets to protect against significant losses, and follow the plan documents.
Read more.
April 15, 2020
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PENNSYLVANIA HOUSE PASSES BILL TO REOPEN BUSINESSES
To stop the spread of the COVID 19 virus, Governor Wolf implemented social distancing practices through his Order on March 19, 2020, that prohibited “non-life-sustaining” businesses and cited the powers vested in him under 35 Pa. C.S. § 7301. Social distancing efforts are having a positive effect on the spread of the virus, but they have had a devastating economic impact on many businesses and industries.
Read more.
April 15, 2020
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THE CARES ACT EMPLOYEE RETENTION CREDIT: ANOTHER TOOL FOR EMPLOYERS EXPERIENCING FINANCIAL CHALLENGES IN THE WAKE OF THE COVID-19 PANDEMIC
In COVID-19 new reality, employers are struggling to balance the retention of their employees with the survival of their business.
Read more.
April 15, 2020
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WEBINAR: EMERGING FROM THE PANDEMIC
Join Jackson Kelly Member, Chad J. Sullivan, and Advantage Kentucky Alliance for a FREE webinar to learn about the latest information and resources available to Kentucky manufacturers affected by the COVID-19 Pandemic on April 16th from 1:00 PM – 2:00 PM EDT. For more information and to register, please visit https://bit.ly/2K5U1qV.
Read more.
April 15, 2020
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PAYMENT PROTECTION PROGRAM UPDATE
Interim Rules released today by the SBA clarify that in calculating payroll costs for Paycheck Protection Loan, borrowers should include partner compensation up to $100,000 in these costs. There had been some question as to the appropriate treatment of partner compensation and these rules have answered that question.
Read more.
April 14, 2020
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CONSIDERATIONS FOR PHYSICIANS ASKED TO PRACTICE OUTSIDE THEIR NORMAL SCOPE OF PRACTICE
To alleviate pressure on healthcare systems and hospitals caused by the Coronavirus outbreak, physicians may be asked – or may volunteer – to work outside their usual scope of practice and/or in unfamiliar surroundings to treat patients. Before a physician agrees to work outside his/her normal scope of practice to care for Coronavirus patients, several considerations are important.
Read more.
April 13, 2020
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COVID-19'S IMPACT ON CONSTRUCTION: THE NEW NORMAL
One of the many questions members of the construction industry are asking is what the industry will look like when the COVID-19 restrictions are lifted.
Read more.
April 13, 2020
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OCR ENFORCEMENT DISCRETION FOR GOOD-FAITH OPERATION OF COMMUNITY BASED TESTING
Effective immediately, the Department of Health and Human Services (“HHS”) announced its decision to exercise its enforcement discretion in how it applies the Privacy, Security and Breach Notification Rules under the Health Insurance and Portability and Accountability Act of 1996 (“HIPAA”).
Read more.
April 10, 2020
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CARES ACT UPDATE: HHS ANNOUNCES IMMEDIATE INFUSION OF $30 BILLION INTO HEALTH CARE SYSTEM
At the April 7, 2020 COVID-19 Task Force Briefing, the Centers for Medicare & Medicaid Services’ (CMS) Administrator, Seema Verma, announced that the first $30 billion of the Title III CARES Act funding will be distributed to Medicare providers by the end of this week. On April 9, 2020, the Department of Health and Human Services (HHS) issued more details about the distribution of and conditions associated with these payments.
Read more.
April 10, 2020
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WEBINAR - VIRTUAL HELP DESK: SMALL BUSINESS LOANS
Join us on Friday, April 10, at 2:00 p.m Eastern time, for a webinar for small business owners to learn about the Paycheck Protection Program (PPP). Jackson Kelly attorneys Joshua A. Claybourn, Robert G. Tweel, Mark A. Mangano, and Jason L. Ott with Consultant, Derrick L. Maultsby, Jr. discuss the program details.
Read more.
April 9, 2020
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RETURN TO WORK GUIDELINES FOR VIRUS-EXPOSED CRITICAL WORKERS WHO LACK SYMPTOMS
The Centers for Disease Control and Prevention (CDC) changed its guidance for critical infrastructure workers allowing those exposed to COVID-19 to return to work as long as they remain asymptomatic and additional precautions are implemented. Previous guidance was that exposed individuals should self-quarantine for 14 days.
Read more.
April 9, 2020
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CRITICAL INFRASTRUCTURE AND CONSTRUCTION RELATED THERETO PART OF NEW CDC GUIDELINES
Construction firms and other critical infrastructure with employees who may have been exposed to someone with suspected or confirmed COVID-19 may allow those employees to continue working if they remain asymptomatic and they adhere to the following practices before and during their shift...
Read more.
April 9, 2020
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UTILIZATION OF REMOTE NOTARIES IN KENTUCKY DURING THE COVID-19 PANDEMIC
In this time of mandatory social distancing, the normally routine act of a notary witnessing and attesting to the validity of the signature is complicated. Many transactions depend on the ability of the parties to ensure valid signatures on legally binding documents. However, now notaries often cannot witness signatures in person.
Read more.
April 9, 2020
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AIA'S RESPONSE TO COVID-19
The American Institute of Architects (AIA) created a task force to consider “the role of architects and the built environment in the current COVID-19 crisis.”
Read more.
April 9, 2020
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OIG ISSUES ENFORCEMENT GUIDANCE ON ANTI-KICKBACK LAW DURING COVID-19 EMERGENCY
On April 3, 2020, the United States Department of Health and Human Services’ Office of Inspector General (“OIG”) issued a Policy Statement announcing that it would exercise its discretion not to impose administrative sanctions under the federal Anti-Kickback Law (42 U.S.C. § 1320a-7b(b)) for certain types of conduct.
Read more.
April 8, 2020
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THE CARES ACT PROVISIONS THAT IMPACT TAX-QUALIFIED RETIREMENT PLANS, INCLUDING OFFERING WITHDRAWAL OPTIONS, REQUIRE ACTION BY THE EMPLOYERS
The CARES Act offers several withdrawal options for participants in certain defined “eligible retirement plans.” Employers must amend their plans if they want to be able to offer CARES Act withdrawal provisions (and the plan loan provisions described below) to employees, but the CARES Act lets employers implement the withdrawals and loans in operation and wait to amend the plan until as late as the last day of the first plan year beginning on or after January 1, 2022, or such later date as prescribed by the Secretary of the Treasury.
Read more.
April 8, 2020
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CARES ACT UPDATE: CMS TO DISTRIBUTE $30 BILLION TO MEDICARE PROVIDERS BY WEEK’S END
Title III of the Coronavirus Aid, Relief and Economic Security (CARES) Act contains various provisions intended to support America’s health care system in responding to the COVID-19 pandemic. While the CARES Act includes $100 billion in new funding to reimburse “eligible health care providers” for “health care related expenses or lost revenues that are attributable to coronavirus,” specific details about how to access these funds have generally not been made available.
Read more.
April 8, 2020
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HRSA-FUNDED HEALTH CENTERS AWARDED 1.3 BILLION DOLLARS
The U.S. Department of Health and Humans Services (HHS) through the Health Resources and Services Administration (HRSA) awarded more than $1.3 billion to 1,387 HRSA funded health centers in response to the COVID-19 pandemic. “
Read more.
April 8, 2020
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REMINDER TO ALL EMPLOYERS
COVID-19 impacts business operations in ways that change daily: unemployment compensation, sick leave, and employee retention are a few of the areas receiving regular updates.
Read more.
April 8, 2020
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UPDATES FOR CONSTRUCTION FIRMS
Associated Builders and Contractors West Virginia (ABCWV) Members are invited to attend a conference call on Thursday, April 9th at 11:00 a.m., to receive a series of updates and have questions answered from industry experts and guests on the call. Jackson Kelly attorneys will be providing legal updates, particularly during the pandemic.
April 8, 2020
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GOOD NEWS FOR CONSTRUCTION FIRMS
The Treasury Department issued a formal guidance for the Paycheck Protection Program (PPP) yesterday that clarifies that companies are eligible if they meet the 500-employee threshold or the annual revenue limit, but not both.
Read more.
April 8, 2020
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CMS PROMOTES EXPANSION OF TELEHEALTH TO FIGHT COVID-19
Healthcare providers fight the COVID-19 public health crisis on the front lines and at the same time must be able to adapt and use telehealth technology to not only protect their patients, but to also protect their employees, staff, themselves and their families.
Read more.
April 7, 2020
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RELIABLE UTILITY SERVICE IS CRITICAL TO COVID-19 RESPONSE
The ongoing pandemic is highlighting just how important reliable utility service is to public health and the functioning of society, especially in times of crisis. Potable water distribution, for example, has drastically reduced the incidence of disease throughout history and is continuing in that role today as people frequently wash their hands and sanitize surfaces to reduce the spread of COVID-19.
Read more.
April 7, 2020
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WEST VIRGINIA SUSPENDS REGULATIONS RELATED TO PRE-EMPLOYMENT AND RANDOM BREATH TESTS
Tuesday, April 7, 2020, the West Virginia Office of Miners’ Health, Safety and Training (the “WVOMHST”) issued a letter to the Secretary of State of West Virginia, Mac Warner, informing him that the WVOMHST will be suspending the requirements related to pre-employment and random breath tests for alcohol as a result of the COVID-19 Pandemic.
Read more.
April 7, 2020
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WEBINAR: NAVIGATING EMPLOYMENT ISSUES DURING COVID-19
Join us on Thursday, April 9, at noon, for a webinar to discuss issues that business owners and HR professionals must navigate when managing a workforce while subject to Stay-At-Home Orders, the Families First Coronavirus Response Act as well as other long-standing state and federal employment laws during the COVID-19 pandemic.
Read more.
April 7, 2020
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HOSPITALS AND HEALTHCARE ORGANIZATIONS FOUND TO BE INCREASINGLY VULNERABLE TO CYBERATTACKS DURING COVID-19 PANDEMIC
On April 4, 2020, Interpol issued a Purple Notice regarding a heightened ransomware threat to hospitals. An Interpol Purple Notice seeks “to provide information on modus operandi, objects, devices and concealment methods used by criminals.”
Read more.
April 7, 2020
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KANAWHA JUDGE ISSUES ORDER FOR ANKLE MONITORS FOR VIOLATORS OF COVID-19 QUARANTINE
On the heels of the declaration of a judicial emergency, a Kanawha County judge entered an order granting authority to the Kanawha County Sheriff and the Kanawha County Health Department “authority to, upon both parties agreement and when it is has become necessary to quarantine or isolate and restrict public movement of an individual who is infected or likely infected with COVID19, place a global positioning system (GPS) electronic ankle monitor on any individual who is Ordered to quarantine by the Kanawha Charleston Health Department.”
Read more.
April 7, 2020
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WEST VIRGINIA INSURANCE COMMISSIONER ISSUES ORDERS AND BULLETINS RELATED TO COVID-19 CRISIS
West Virginia Insurance Commissioner Jim Dodrill has been active in dealing with the COVID-19 crisis, issuing six Emergency Orders and a series of Insurance Bulletins.
Read more.
April 6, 2020
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GOVERNOR ISSUES ADDITIONAL ORDERS FOR SPECIFIC COUNTIES
This weekend, Governor Justice of West Virginia issued two Executive Orders directing additional measures to protect the health and safety of citizens in several counties considered “hot spots” for COVID-19 virus spread.
Read more.
April 5, 2020
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SUPREME COURT OF APPEALS OF WEST VIRGINIA EXTENDS JUDICIAL EMERGENCY ORDER TO MAY 1, 2020
On April 3, 2020, the Supreme Court of Appeals of West Virginia entered an amended order which extends the declaration of judicial emergency to May 1, 2020.
Read more.
April 4, 2020
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OSHA UPDATES INDUSTRY GUIDANCE AND ENFORCEMENT DISCRETION REGARDING N95 MASK USE
On April 3, 2020, OSHA issued updated guidance on the use of N95 masks as a result of shortages of these masks for Health Care Providers and other industry across the country. This guidance is meant as a supplement to N95 fit test guidance issued on March 14, 2020.
Read more.
April 3, 2020
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CARES ACT – ECONOMIC RELIEF OPPORTUNITIES FOR OUR HEALTH PARTNERS
The Coronavirus Aid, Relief and Economic Security (CARES) Act authorized $2.2 trillion in financial assistance to help individuals and business through the economic hardships caused by the COVID-19 pandemic. This economic relief includes critical financial resources for the health care system.
Read more.
April 3, 2020
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CARES ACT PROVISIONS BENEFITING HIGHER EDUCATION
Among the many sectors that are provided relief under the CARES Act, higher education institutions are set to receive both appropriations and regulatory flexibility. The following discusses many of those provisions.
Read more.
April 3, 2020
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UPDATED Q & A FOR FAMILIES FIRST CORONAVIRUS RESPONSE ACT
On April 3, the Department of Labor updated its Q&A page answering many additional questions regarding the Families First Coronavirus Response Act.
Read more.
April 3, 2020
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LATE BREAKING UPDATES ABOUT THE CARES ACT PAYCHECK PROTECTION PROGRAM
The Treasury Department and Small Business Administration last night issued an interim final rule on the Paycheck Protection Program. The new rule includes updates on the applicable interest rate and documentation and due diligence requirements. The SBA released an updated application.
Read more.
April 3, 2020
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TEMPORARY RULE OFFERS GUIDANCE ON THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT
The United States Department of Labor issued a temporary rule on April 1, 2020, related to the Families First Coronavirus Response Act. The new rule interprets the paid leave provisions of the Emergency Paid Sick Leave Act (“EPSLA”) and the Emergency Family and Medical Leave Expansion Act (“EFMLEA”).
Read more.
April 2, 2020
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NCAA ELIGIBILITY OVER COVID-19
For sports fans, one impact of the COVID-19 pandemic is the loss of the college basketball national tournament, aka “March Madness.” The university shut-downs across the country have resulted in all spring-sports athletes losing their season. Generally, a loss of a season would mean the loss of a year of eligibility to compete, but the National Collegiate Athletic Association (“NCAA”) recently weighed in and acted on these alternatives.
Read more.
April 2, 2020
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CMS EXPANDS BLANKET WAIVERS AVAILABLE TO EASE BURDENS ON THE HEALTH CARE SYSTEM
As the nation’s health care system struggles to manage the influx of COVID-19 patients, the government has taken aggressive action to expand blanket waivers and new rules to ease the regulatory burdens on the system. The Centers for Medicare & Medicaid Services (CMS) announced the waivers on March 30, 2020, with a retroactive effective date of March 1, 2020, and the waivers will continue until the end of the emergency declaration.
Read more.
April 2, 2020
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THE INS AND OUTS OF THE CARE ACT PAYCHECK PROTECTION PROGRAM – WHAT LENDERS AND BORROWERS NEED TO KNOW
Learn the ins and outs concerning the lending process within the CARES Act. Join Jackson Kelly PLLC for a conference call 11 a.m. E.S.T. on Thursday, April 2nd. It is open to any interested borrower or lender.
Read more.
April 1, 2020
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KENTUCKY SUPREME COURT ORDER
Since KY Governor Andy Beshear declared a State of Emergency for the Commonwealth, the KY Supreme Court issued an order regarding attorney CLE credits.
Read more.
April 1, 2020
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MINING INDUSTRY DEEMED ESSENTIAL CRITICAL WORKFORCE
On Sunday, March 29, 2020, the Department of Homeland Security (“DHS”) issued guidance on which workers that the Department considers part of the “Essential Critical Workforce” during the coronavirus. This list includes eighteen different areas of the workforce that the Department considers critical.
Read more.
March 31, 2020
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HOW TO HOLD AN OPEN MEETING DURING THE COVID-19 PANDEMIC
The West Virginia Open Meetings Act (the “Act”)1 continues to apply to all public agencies. Because of the mandated social distancing, meetings may be required to be conducted telephonically, via live audio, or visual streaming. This is permissible under the Act, provided the public may also attend.
Read more.
March 31, 2020
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PUBLIC AND INVESTOR COMMUNICATIONS IN THE MIDST OF COVID-19
During the COVID-19 crisis, municipal and other bond issuers and borrowers need to be mindful of information provided to investors and lenders. Given the rapid changes, it is difficult to assess whether the immediate impacts of the COVID-19 crisis will only affect an organization’s short-term outlook, or if the impacts will ripple through long-term operations. Issuers and borrowers will receive questions from investors, banks, and possibly others seeking to learn more about COVID-19’s impacts on finances and revenues.
Read more.
March 31, 2020
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WEBINAR: CORONAVIRUS CONSTRUCTION INDUSTRY IMPACTS: CONTRACT ISSUES AND MORE
Jackson Kelly Members John W. Hays, Michael P. Leahey, and Counsel, Steven T. Mulligan will present during a webinar hosted by HalfMoon Education, Inc. Monday, April 6, 2020, at 1:30 p.m.- 3:00 p.m.
Read more.
March 31, 2020
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COVID-19: CAN I CLAIM MY BUSINESS INTERRUPTION AS A LOSS UNDER MY INSURANCE POLICY?
Owners of "non-essential” business enterprises have the stress of social distancing AND the worry of saving the business during the pandemic. A loss of income that is directly related to business closures, a break or delay in the supply chain, and/or the effects of social distancing may already appear in businesses’ financials.
Read more.
March 31, 2020
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CMS ISSUES STARK LAW BLANKET WAIVERS
On March 30, 2020, CMS issued blanket 1135 waivers of Section 1877 (g) of the Social Security Act (the “Act”), also commonly referred to as the “Stark Law”1 in response to the COVID-19 National Emergency in the United States. The waivers are retroactive to March 1, 2020. This means that providers can rely on these waivers without notifying CMS.
Read more.
March 31, 2020
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EMERGENCY RULES FOR WV BOARD OF MEDICINE AND BOARD OF OSTEOPATHIC MEDICINE
On March 16, 2020, West Virginia Governor, Jim Justice, declared a State of Emergency to address the COVID-19 pandemic. Governor Justice delegated “to all state agencies the ability to suspend rules, if strict compliance therewith would in any way prevent, hinder or delay necessary action in coping with the emergency.”
Read more.
March 31, 2020
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WVBOP COVID-19 EMERGENCY LICENSURE RULES
On March 20, WVBOP issued a memo containing various updates regarding the COVID-19 crisis, including “out of state pharmacy staffing.” The Board explained that West Virginia Code Section 30-5-6(5) gives the Board the authority to “determine the qualifications of any applicant for a license, permit, and registration.”
Read more.
March 30, 2020
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A FORCE MAJEURE CLAUSE COULD CAUSE NBA PLAYERS TO GO WITHOUT PAY DURING COVID-19 CRISIS
The sports world came to a screeching halt amongst COVID-19 concerns and bans on crowds. The National Basketball Association (“NBA”) led this charge when several players tested positive for COVID-19. The pandemic shut down of the NBA has contractual implications for all players. NBA players may also go without pay due to the force majeure clauses in the NBA’s collective bargaining agreement.
Read more.
March 30, 2020
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CARES ACT: DRAMATIC CHANGES MADE TO SUBSTANCE USE DISORDER CONFIDENTIALITY PROTECTIONS
On March 27, President Trump signed H.R. 748, the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) into law. Much attention has been given to the economic relief features of the CARES Act. However, Section 3221 of the CARES Act has also made sweeping and dramatic changes to requirements pertaining to the confidentiality of substance use disorder (“SUD”) data.
Read more.
March 30, 2020
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UPDATE: THE U.S. DEPARTMENT OF LABOR ISSUES GUIDANCE REGARDING THE “HEALTH CARE PROVIDER” EXEMPTION UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT
On March 29, 2020, the Wage and Hour Division of the U.S. Department of Labor (the “DOL”) released additional guidance that resolves the ambiguity of the definition of “health care provider” in the Families First Coronavirus Response Act (the “Act”).
Read more.
March 30, 2020
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SMALL BUSINESS RELIEF UNDER THE PAYCHECK PROTECTION PROGRAM
On March 27, 2020, President Trump signed the $2 trillion dollar coronavirus relief bill into law, which aims to provide relief to the nation through stimulus payments to individuals, expanded unemployment, deferral on student loan payments, changes to retirement accounts, small business relief loans, and more.
Read more.
March 30, 2020
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CONGRESS PASSES COVID-19 RELIEF PACKAGE - INDIVIDUAL TAX INCENTIVES
After intense negotiations, Congress passed the $2.2 trillion Coronavirus Aid, Relief, and Economic Security Act (“CARES”) to provide direct assistance to individuals, businesses, and state and local governments to help them address the coronavirus (“COVID-19”) pandemic.
Read more.
March 27, 2020
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CONGRESS PASSES COVID-19 RELIEF PACKAGE - WHAT YOUR BUSINESS NEEDS TO KNOW
After intense negotiations, Congress passed the $2.2 trillion Coronavirus Aid, Relief, and Economic Security Act (“CARES”) to provide direct assistance to individuals, businesses, and state and local governments to help them address the coronavirus (“COVID-19”) pandemic.
Read more.
March 27, 2020
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COVID-19 IMPLICATIONS FOR EPA’S ENFORCEMENT AND COMPLIANCE ASSURANCE PROGRAM
The U.S. Environmental Protection Agency (EPA) has issued a temporary policy regarding its enforcement of environmental legal obligations during the Coronavirus/COVID-19 pandemic.
Read more.
March 27, 2020
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FBI WARNS TO BE AWARE OF COVID-19 PHISHING SCAMS
Scammers and hackers are exploiting the confusion and distress caused by COVID-19 to attack while people are most vulnerable.
Read more.
March 27, 2020
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KENTUCKY LEGISLATURE RESPONDS TO COVID-19 WITH SB 150
The Kentucky General Assembly unanimously passed Senate Bill 150 late Thursday night to address COVID-19 effects on the Commonwealth, specifically to allow for quick response by the healthcare system and protect those responding to the emergency. Senate Bill 150 also addresses other issues directly affecting employers.
Read more.
March 27, 2020
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KENTUCKY GENERAL ASSEMBLY MAKES HEALTHCARE CHANGES IN RESPONSE TO COVID-19
On March 26, 2020, the Kentucky General Assembly swiftly passed Senate Bill 150 to address COVID-19 issues across the Commonwealth, including immediate issues facing the healthcare industry.
Read more.
March 27, 2020
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UPDATED: ONGOING EFFORTS TO EASE BURDENS ON PROVIDERS IN THE WAKE OF COVID-19
As our health care providers push all of their resources into fighting a global pandemic and keeping our communities safe, regulators of the industry are taking steps to ease certain administrative burdens on these providers. Such actions are consistent with the guidance we previously reported related to obligations under HIPAA and EMTALA and the expansion of Telehealth.
Read more.
March 26, 2020
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SEC CORONAVIRUS/COVID-19 RESPONSE
In response to COVID-19, the Securities and Exchange Commission (“SEC”) has taken a variety of actions to assist and advise registered companies.
Read more.
March 26, 2020
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I-9 COMPLIANCE DURING COVID-19: DHS ANNOUNCES FLEXIBILITY FOR EMPLOYERS WORKING REMOTELY AND AUTOMATIC EXTENSION FOR NOIS
The Department of Homeland Security has announced that it will relax its compliance rules for Initial Employee Eligibility Verification (Form I-9) for employers who are operating remotely in keeping with the restrictions being put in place to help slow the spread of COVID-19 and the encouragement to work remotely.
Read more.
March 26, 2020
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COVID-19 WORKING CAPITAL ACCESS PROGRAM FUNDING APPROVED FOR PENNSYLVANIA SMALL BUSINESSES
On March 25, 2020, Pennsylvania launched the COVID-19 Working Capital Access Program (the “CWCA”) to help Pennsylvania small businesses impacted by the COVID-19 virus. CWCA is a new program authorized under the Small Business First Fund (the “SBFF”) of the Pennsylvania Industrial Development Authority (the “PIDA”).
Read more.
March 26, 2020
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USPTO OFFERS TRADEMARK RELIEF IN WAKE OF CORONAVIRUS
The United States Patent and Trademark Office (“USPTO”) announced relief for trademark application and registration customers affected by the coronavirus (“Covid-19”) outbreak. The USPTO considers the effects of Covid-19 to be within the meaning of an “extraordinary situation” as provided in 37 CFR 1.183 and 37 CFR 2.146 for affected trademark customers.
Read more.
March 26, 2020
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BEST MANAGEMENT PRACTICES AND COVID-19 RESOURCES FOR MINE OPERATORS
As local, state, federal, and global agencies scramble to keep up with the constantly developing information regarding exposure to, and protection from, COVID-19, there are steps that mine operators can take to best protect their personnel and operations, as well as the public at large.
Read more.
March 26, 2020
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EMPLOYER WHAT IFS FOR COVID-19
A few things to take into consideration before employers act on employee benefits due to COVID-19.
Read more.
March 26, 2020
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KENTUCKY STATE VETERINARIAN RECOMMENDS BEST PRACTICES AND BREEDING SHED GUIDELINES FOR HORSE FARMS AND VETERINARIANS
The Kentucky Department of Agriculture’s Office of State Veterinarian released guidance for Kentucky’s equine industry today.
Read more.
March 25, 2020
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COURTS CONTINUE TO DEAL WITH COVID-19
The impact of the COVID-19 virus continues to affect federal and state courts in West Virginia.
On the state court side, on March 22, 2020, the Supreme Court of Appeals issued an order declaring a judicial emergency, finding the COVID-19 outbreak is an “an unprecedented public health emergency that requires immediate action to encourage effective social distancing and reduce the need for people to leave their homes to protect the health and safety of the citizens of West Virginia.”
Read more.
March 25, 2020
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U.S. DEPARTMENT OF LABOR ISSUES FIRST GUIDANCE ON THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT
On March 24, 2020, the Wage and Hour Division of the U.S. Department of Labor issued its first round of guidance on the Families First Coronavirus Response Act. According to the DOL, the guidance “addresses critical questions, such as how an employer must count the number of their employees to determine coverage; how small businesses can obtain an exemption; how to count hours for part-time employees; and how to calculate the wages employees are entitled to under this law.”
Read more.
March 25, 2020
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COVID-19: ISSUES FOR GROUP HEALTH PLAN SPONSORS
There are several important considerations for employers addressing these situations including compliance with the Families First Coronavirus Response Act, state leave laws and employers’ internal policies. Importantly, employers should consider how leaves of absence or reductions in work hours might impact eligibility under their group health plans.
Read more.
March 25, 2020
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WEST VIRGINIA BOARD OF PHARMACY COVID-19 UPDATE
As the COVID-19 crisis intensifies, the West Virginia Board of Pharmacy (WVBOP) issued a new temporary rule and a multitude of waivers.
Read more.
March 24, 2020
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ONGOING EFFORTS TO EASE BURDENS ON PROVIDERS IN THE WAKE OF COVID-19
As our health care providers push all of their resources into fighting a global pandemic and keeping our communities safe, regulators of the industry are taking steps to ease certain administrative burdens on these providers.
Read more.
March 24, 2020
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TO TREAT OR NOT TO TREAT VIA TELEMEDICINE? THAT IS THE QUESTION.
As the COVID-19 pandemic makes it more and more difficult for patients to access their healthcare providers in-person, telemedicine is becoming a more viable alternative.
Read more.
March 24, 2020
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AN UPDATE ON COVID-19: EXECUTIVE ORDER 9-20 AND THE CONSTRUCTION INDUSTRY
On March 23, 2020, Governor Jim Justice issued Executive Order No. 9-20. Under the Order, all individuals within the State of West Virginia “are under a general stay-at-home order and are directed to stay at home or their place of residence unless performing an essential activity,” with “essential activity” defined by the Order.
Read more.
March 24, 2020
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PROACTIVE FINANCIAL STRATEGIES FOR SMALL BUSINESSES DURING COVID-19
Going weeks or more with little or no revenue is a serious hardship for any business. In these uncertain times, there are things that businesses can do.
Read more.
March 24, 2020
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WEBINAR: HR ISSUES FACING BANKS
Jackson Kelly attorneys, Jill Hall and Justin Harrison will present a FREE webinar on Friday, March 27, 2020, to the Community Bankers of WV and the WV Bankers' Human Resources professionals. They will address various HR issues facing banks amid the COVID-19 crisis. The deadline to register is Thursday, March 26, 2020.
March 24, 2020
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MOVING BEYOND ENCOURAGEMENT: EASING THE COMPLEXITY OF GRANTING SHORT-TERM COVID-19 LOAN RELIEF
The financial services regulators have moved significantly beyond encouraging financial institutions to work with loan customers affected by the Coronavirus 2019 Pandemic (COVID-19).
Read more.
March 24, 2020
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DATA PRIVACY LAWS AND COVID-19
Companies cannot lose focus on vital internal procedural and compliance issues, including the growing demands on businesses concerning data privacy laws during the pandemic.
Read more.
March 24, 2020
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COVID-19 AND WORKPLACES
A discussion of what an employer can do when one of its workers shows up to work displaying symptoms of COVID-19. With its high infectivity rate, this is becoming a more and more likely outcome for employers nationwide.
Read more.
March 24, 2020
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CASH FLOW CONSIDERATIONS DURING THE CORONAVIRUS PANDEMIC
Your business was shut down over night for at least two weeks if not longer. What should you do to help preserve cash flow and help keep the doors open post coronavirus shut down?
Read more.
March 23, 2020
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ADDITIONAL SICK LEAVE IN COLORADO: AN OVERVIEW OF THE TEMPORARY COLORADO HELP RULES
On Tuesday, March 10, 2020, Governor Jared Polis declared a state of emergency in Colorado relative to Coronavirus (“COVID-19”). The very next day, the Colorado Department of Labor and Employment (“CDLE”) passed emergency rules regarding paid sick leave and access to wage support.
Read more.
March 23, 2020
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SMALL BUSINESS ADMINISTRATION LOANS AVAILABLE IN ALL 50 STATES
Earlier this month, Congress authorized up to $7 billion in Economic Injury Disaster Loans (EIDLs) through the United States Small Business Administration to throw a lifeline to businesses struggling economically due to COVID-19.
Read more.
March 23, 2020
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UPDATED LIST OF PA NON-LIFE-SUSTAINING BUSINESSES AND WAIVER/EXEMPTION PROCESS
After receiving a large number of waiver requests from Pennsylvania businesses, the Wolf Administration delayed enforcement of its order for all non-life-sustaining businesses to close their physical locations to slow the spread of COVID-19.
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March 21, 2020
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INDIANA GOVERNOR TAKES ACTION TO PROTECT HOOSIER BUSINESSES AGAINST EFFECTS OF COVID-19
On March 19th, Indiana Governor Eric Holcomb took additional action to protect and support Hoosier businesses during the COVID-19 outbreak by signing Executive Order 20-05 (EO) – which in addition to providing protection for individuals, provides economic relief and protection for Hoosier business enterprises.
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March 20, 2020
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DATA CREATION AND RETENTION CHALLENGES WITH A REMOTE WORKFORCE
The challenges ahead over the next few months will force nearly all businesses to make significant efforts to support a remote workforce to carry on company business.
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March 20, 2020
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WHAT GOVERNOR WOLF’S ORDER FOR “NON-LIFE-SUSTAINING” BUSINESSES TO CLOSE MEANS
Governor’s Wolf prior order for a statewide shut down of all “non-essential” businesses has been expanded to all “non-life-sustaining” businesses. These efforts follow the Governor’s disaster emergency declaration on March 6, 2020, pursuant to 35 Pa. C.S. § 7301(c).
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March 20, 2020
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COMING SOON: COVID-19 GUIDANCE REGARDING PART 46 AND PART 48 ANNUAL REFRESHER TRAINING
The Mine Safety and Health Administration (“MSHA”) is expected to issue extensions to complete annual refresher training. While we await formal guidance, it is expected that 30-day extensions will be granted for mine operators to meet the annual refresher training expiration dates.
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March 20, 2020
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ATTENTION HEALTHCARE EMPLOYERS: A PROBLEM WITH THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT
On March 18, 2020, the Families First Coronavirus Act (H.R. 6201) (the “Act”) was signed into law. The Act provides a broad range of economic relief for both businesses and families -- it expands the Family and Medical Leave Act (“FMLA”), requires paid sick leave, and offers dollar for dollar tax credits for employers to recoup costs related to paid leave under the Act through the end of 2020. The Act, however, has notable exclusions.
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March 20, 2020
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CORONAVIRUS: THE ROLE OF THE STATES AND THE FEDERAL GOVERNMENT IN A PUBLIC HEALTH CRISIS
When matters of public health are at stake, the federal government’s authority to act derives from the Public Health Services Act.
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March 19, 2020
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ATTORNEY: YES, THE GOVERNOR HAS THE POWER
Jackson Kelly Member, Joshua Claybourn, discusses Governor Eric Holcomb's authority during a pandemic in this interview with 93.1 WIBC-FM.
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March 19, 2020
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UPDATE ON WV'S PRIMARY ELECTION
In anticipation of the May 12, 2020 election in addition to the surrounding concern of COVID-19, Attorney General Patrick Morrisey issued an opinion stating the Governor’s state of emergency declaration gives the Secretary of State authority to allow voters broad access to absentee voting for the upcoming primary election.
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March 19, 2020
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UPDATED SUMMARY OF H.R. 6201, FAMILIES FIRST CORONAVIRUS RESPONSE ACT
On March 18, 2020, the Senate passed the Families First Coronavirus Response Act (H.R. 6201) (the “Act”) as presented by the U.S. House of Representatives in response to the Coronavirus (COVID-19) outbreak to reduce the economic impact on individuals and business taxpayers. Later that day, President Trump signed it into law.
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March 19, 2020
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ARE BUSINESS LOSSES FROM THE CORONAVIRUS COVERED BY INSURANCE? IT DEPENDS.
Given current COVID-19 restrictions, and state officials encouraging all Americans to practice “social distancing,” many companies are worried how these restrictions may financially impact their businesses.
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March 19, 2020
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THE IMPACT OF COVID-19 ON THE ABILITY TO PROCURE TITLE INSURANCE FOR REAL PROPERTY TRANSACTIONS
Given current COVID-19 restrictions, and state officials encouraging all Americans to practice “social distancing,” many companies are worried how these restrictions may financially impact their businesses.
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March 19, 2020
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HHS COVID-19 HIPAA BULLETIN-LIMITED 72 HOUR WAIVER; PERMISSIBLE DISCLOSURES REMINDER
The Secretary of the U.S. Department of Health and Human Services (“HHS”) may waive certain provisions of the Privacy Rule pursuant to the Project Bioshield Act of 2004 and Section 1135(b)(7) of the Social Security Act.
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March 19, 2020
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AN UPDATE ON TAXES DURING COVID-19
The Treasury announced yesterday, March 17, 2020, invoking the Proclamation Declaring a National Emergency, that individuals can defer tax payments of up to $1 million for 90 days for 2019 tax liabilities.
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March 18, 2020
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COVID-19 AND ITS EFFECTS ON THE COURTS
Efforts to restrain transmission of the COVID-19 virus are directly affecting the court system in West Virginia and elsewhere because of the need for parties, counsel, and jurors to gather in groups.
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March 18, 2020
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SUMMARY OF H.R. 6201, FAMILIES FIRST CORONAVIRUS RESPONSE ACT
On March 13, 2020, Shortly after midnight on March 14, 2020, the U.S. House of Representatives overwhelmingly voted to pass the Families First Coronavirus Response Act (H.R. 6201) in response to the Coronavirus outbreak to reduce the economic impact on individuals and business taxpayers. Although the bill is still awaiting action from the Senate, the White House has already signaled its support for it.
Read more.
March 18, 2020
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WEST VIRGINIA GETS COVID-19
On March 17, 2020 at 6p.m. West Virginia’s Governor Jim Justice announced the State’s much anticipated first positive COVID-19 test result.
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March 18, 2020
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CORONAVIRUS QUARANTINE POWERS
COVID-19 has forced states to consider what legal options they possess to prevent the spread of and treat those who have been diagnosed with COVID-19. One of these options is the inherent police power of a state to quarantine or isolate infected persons for public health purposes.
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March 18, 2020
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PROFESSIONAL DENTAL ASSOCIATIONS AND STATES ISSUE COVID-19 RECOMMENDATIONS TO DENTISTS
In addition to evolving executive branch recommendations regarding social distancing, multiple professional dental associations and states have recommended or mandated that dentists confine their care to urgent and emergent situations and have established what is considered non-essential or elective services.
Read more.
March 18, 2020
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FEDERAL GOVERNMENT TEMPORARILY EXPANDING TELEHEALTH IN RESPONSE TO COVID-19
During this nationwide public health emergency, when clinical health care providers (“clinicians”) are in high demand and short supply, it is increasingly important for clinicians to seek innovative ways to help as many patients as possible. One of those ways is through telehealth.
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March 17, 2020
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TECH AND DATA SECURITY Q&A DURING A PANDEMIC
The attorneys in the Firm's Tech & Data practice group have received numerous questions from clients regarding legal issues and the coronavirus.
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March 17, 2020
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RESPONDING TO COVID-19 WHAT MINE OPERATORS NEED TO KNOW
What does the pandemic mean for mine operators? Answering that question requires looking at updated policy guidance, questions surrounding personal protective equipment, and managing possible work stoppages.
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March 17, 2020
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THE CORONAVIRUS AND YOUR CONSTRUCTION CONTRACT: IS PERFORMANCE EXCUSED DUE TO COVID-19?
What happens if performance is delayed by shortfalls in labor or materials caused by the spread of COVID-19 or protective measures in response to it?
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March 17, 2020
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LEGAL FAQS FOR EMPLOYERS PART 2
On Wednesday, March 11, 2020, the World Health Organization (“WHO”) announced that the coronavirus (“COVID-19”) has become a pandemic. The virus has infected nearly 120,000 people in 114 countries. More than 4,000 have died. In Part 2 of our series, we continue to answer questions that employers have presented to us.
Read more.
March 17, 2020
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COMPLYING WITH OSHA DURING COVID-19
The major focus of both state and federal governments right now is limiting the spread of the virus. This is where the terms “social distancing” and “self-quarantine” come from.
Read more.
March 17, 2020
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TIME TO MODIFY LENDING PRACTICES. PREPARING FOR CORONAVIRUS DEMANDS ON COMMERCIAL LENDING.
The emergence of the Coronavirus Disease 2019 (COVID-19) is rapidly disrupting economic activity across the country. These disruptions are reducing economic activity for many industries. These reductions will inevitably create financial stress for many businesses and individuals.
Read more.
March 16, 2020
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SUPREME COURT OF APPEALS OF WEST VIRGINIA ISSUES ADMINISTRATIVE ORDER
Administrative order from the Supreme Court of Appeals of West Virginia regarding the continuation of trials and hearings by teleconference.
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March 16, 2020
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BEWARE! HACKERS USING THE
COVID-19 CRISIS AS OPPORTUNITY
As the COVID-19 pandemic escalates in the United States, it appears that hackers are using the crisis as an opportunity to exploit victims.
Read more.
March 16, 2020
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HOW EMTALA CHANGES DURING A PANDEMIC
There is an inherent tension between a hospital’s legal and ethical obligations and the realities of responding to a pandemic disaster.
Read more.
March 16, 2020
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WEST VIRGINIA ISSUES COVID-19 GUIDANCE FOR CIRCUIT COURTS
On March 12, 2020, the Supreme Court of Appeals of West Virginia issues a “COVID-19 Planning Document.”
Read more.
March 13, 2020
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KENTUCKY COURT CLOSURES
By order of the Governor, Kentucky has suspended all civil dockets through April 10, 2020.
Read more.
March 13, 2020
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EXPEDITED CREDENTIALING AND ADDRESSING STAFFING SHORTAGES DURING CORONAVIRUS PANDEMIC
When there is a public health emergency (like Coronavirus) and more healthcare providers are needed, facilities should review their policies to see if there is an expedited path for credentialing of medical staff and advance practice nurses.
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March 13, 2020
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THE CORONAVIRUS’ EFFECT ON CONTRACTS: CAN THE PANDEMIC BE A ‘FORCE MAJEURE’?
Does the unforeseen and uncontrollable nature of the pandemic excuse the performance of contractual duties?
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March 12, 2020
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DOCUMENTING THE STANDARD OF CARE DURING A PANDEMIC
The Coronavirus (COVID-19) is spreading through the United States, and the CDC is forecasting continued infection. More and more people could develop symptoms and arrive at hospitals for help. So, what do we know about what the standard of care is for healthcare providers in these scenarios?
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March 11, 2020
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LEGAL FAQS FOR EMPLOYERS DURING THE PANDEMIC
On Wednesday, March 11, 2020, the World Health Organization (“WHO”) announced that the coronavirus (“COVID-19”) has become a pandemic. The virus has infected nearly 120,000 people in 114 countries. More than 4,000 have died. We answer some basic questions that employers have presented.
Read more.
March 11, 2020
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Below are just some of the resources available online concerning COVID-19:
Have a specific question? Contact us for additional perspective and recommendations at marketing@jacksonkelly.com.
