Federal – Legislation, Rulemaking, and Executive Actions

SBA Interim Final Rule: PPP Loan Eligibility
Business Loan Program Temporary Changes; PPP—Additional Eligibility Revisions to First Interim Final Rule (6/29/20)

SBA Interim Final Rule: PPP Loan Forgiveness and Loan Review
Business Loan Program Temporary Changes; PPP—Revisions to Loan Forgiveness and Loan Review Procedures Interim Final Rules (6/29/20)

SBA Revisions to First Interim Final Rule
Business Loan Program Temporary Changes; Paycheck Protection Program—Revisions to First Interim Final Rule (6/15/20)

CMS  Second Interim Final Rule: COVID-19 Response
CMS, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency and Delay of Certain Reporting Requirements for the Skilled Nursing Facility Quality Reporting Program (CMS-5531-IFC, 4/30/20)

  • COVID-19 Testing
  • Increasing hospital capacity
  • Augmenting the health care work force
  • Decreasing administrative burdens
  • Telehealth

DOL Final Rule: Employee Benefit Plan Extensions
Extension of Certain Timeframes for Employee Benefit Plans, Participants, and Beneficiaries Affected by the COVID-19 Outbreak (4/28/20)

PPP & Health Care Enhancements Act
Paycheck Protection Program and Health Care Enhancement Act, Pub. L. 116-139 (4/24/20)

  • Hospital without walls guidance
  • Workforce expansion (e.g., provision of medical staff support, temporary Medicare enrollment, use of medical residents, verbal orders, waiver of hospice and home health on-site visits)
  • Patients over paperwork, including reprioritization of oversight and audit activities
  • Telehealth expansion

CARES Act
H.R.748 – CARES Act, Pub. L. 116-136 (3/27/20)

Families First Coronavirus Response Act (FFCRA)
H.R.6201, Pub. L. 116-127 (3/18/20)

  • Coverage of COVID-19 Testing
  • Paid Public Health Emergency Leave and FMLA
  • Emergency Paid Sick Leave
  • Payroll tax credits

Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020
H.R.6074, Pub. L. 116-123 (3/6/20)

  • $8.3 billion in emergency funding for federal agencies to respond to COVID-19 outbreak
  • Provides waiver authority for Medicare coverage of telehealth services during certain emergencies
  • HLB insights available in Health Law Advisory (3/12/20)

President’s Executive Order on Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of COVID-19
3/18/20

President’s Proclamation Declaring National Emergency
3/12/20

Secretary of HHS’s Declaration of Public Health Emergency
1/31/20