October 2020 Update: SBA Updates Loan Forgiveness Application Form and FAQs

The Small Business Administration (SBA) published a new Paycheck Protection Program loan forgiveness application form for loan amounts of $50,000 or less. The SBA also updated its FAQs for Lenders and Borrowers.

KHF Guidance on Essential Workforce Employees

Click here to download the document vetted by our KHF legal counsel on protocols, guidance, etc.

Current Recommendations:

  • Remote Work – We are advocating for social distancing to help flatten the curve and slow the progression of COVID-19 and are encouraging practices to explore remote/telework options when possible
  • All care team members (including physicians) should communicate with their leadership and/or immediate supervisor on work schedules.
  • Direct care or essential patient support care team members will need to continue to report as usual. Individuals who report to work should practice social distancing to the extent possible, understanding clinical care cannot be compromised.

Planning for At Risk Populations:

  • The Centers for Disease Control has identified high risk and special populations to include the following individuals:
  • Older adults 
  • People who have serious chronic medical conditions like heart disease, diabetes, and/or lung disease;
  • People with compromised immune systems; and
  • Pregnant women
  • Individuals in these categories should have a discussion with his/her supervisor to determine the potential of remote work.

This is an evolving situation and understandably many questions will arise. We will keep you up-to-date on all recommendations as they become available. 

Changes to Unemployment Insurance in Georgia:

Immediately, Georgia began enacting emergency rules that ease access to the state’s regular unemployment insurance program. To date, the Georgia Department of Labor (GDOL) has:

  • Mandated employers file UI claims on behalf of workers that they anticipate laying off temporarily, which helps workers access assistance more quickly and does not require claims to be filed in-person;
  • Suspended job search requirements for claims filed on or after March 14, 2020;
  • Extended eligibility to workers with reduced hours or those leaving work temporarily due to illness, to care for a family member who is ill or due to lack of child care as a result of their provider or school being closed during the pandemic; and
  • Extended the duration of state UI payments from 14 weeks to 26 weeks.
  • Click HERE to read the full article that includes additional details on the CARES Act

DOL Revises FFCRA Regulations On September 11, 2020, the U.S. Department of Labor’s Wage and Hour Division (WHD) posted multiple revisions to regulations that implemented the paid sick leave and expanded family and medical leave provisions of the Families First Coronavirus Response Act (FFCRA). They are effective now.

Federal Law Alert: COVID-19: April 1 Effective Date for FFCRA Leaves

From ThinkHR:

On Tuesday, March 24, the Department of Labor (DOL) announced that the effective date of the leaves available through the Families First Coronavirus Response Act (FFCRA) will be April 1, 2020.

Based on the language in the bill, the effective date was widely believed to be April 2.

The DOL announced the effective date in a “Questions and Answers” document where it also provided answers to some common questions. Other than the April 1 effective date, the information is in line with what we have been advising. The DOL also released two Fact Sheets, both of which appear to contain the same information, but it’s possible they will each be updated in the future with information that is geared more toward employees or employers.

Update from the Department of Labor: Filing of Unemployment Claims

In response to COVID-19, the Department of Labor changed its unemployment compensation rules.  Most importantly, practices can file partial unemployment compensation claims for employees if work hours are reduced or if there is no work available for an employee for a short period of time.  The only issue we have seen is that the employer portal on the Department’s website is very slow most likely due to the increased volume.  The practices must file on behalf of employees before the employees file any claims.

Please click here to download instructions on how to filing of partial claims online.

CDC Return to Work Guidelines for Health Care Professionals with Confirmed or Suspected COVID-19 Symptoms

Test-based strategy. Exclude from work until

  • Resolution of fever without the use of fever-reducing medications and
  • Improvement in respiratory symptoms (e.g., cough, shortness of breath), and
  • Negative results of an FDA Emergency Use Authorized molecular assay for COVID-19 from at least two consecutive nasopharyngeal swab specimens collected ≥24 hours apart (total of two negative specimens)[1]. See Interim Guidelines for Collecting, Handling, and Testing Clinical Specimens for 2019 Novel Coronavirus (2019-nCoV).

Non-test-based strategy. Exclude from work until

  • At least 3 days (72 hours) have passed since recovery defined as resolution of fever without the use of fever-reducing medications and improvement in respiratory symptoms (e.g., cough, shortness of breath); and,
  • At least 7 days have passed since symptoms first appeared

If HCP were never tested for COVID-19 but have an alternate diagnosis (e.g., tested positive for influenza), criteria for return to work should be based on that diagnosis.

Return to Work Practices and Work Restrictions
After returning to work, HCP should:

  • Wear a facemask at all times while in the healthcare facility until all symptoms are completely resolved or until 14 days after illness onset, whichever is longer
  • Be restricted from contact with severely immunocompromised patients (e.g., transplant, hematology-oncology) until 14 days after illness onset
  • Adhere to hand hygiene, respiratory hygiene, and cough etiquette in CDC’s interim infection control guidance (e.g., cover nose and mouth when coughing or sneezing, dispose of tissues in waste receptacles)
  • Self-monitor for symptoms, and seek re-evaluation from occupational health if respiratory symptoms recur or worsen

Full recommendation link from CDC can be accessed here.

Important Update for PPP Loan Recipients (5/14/20)

  • On April 30, the IRS released Notice 2020-32, which states qualifying expenses ordinarily deductible under §162 are not deductible if paid with funds received from a PPP loan that is granted forgiveness.
  • For taxpayers, this means that all “qualifying expenses” under the PPP, such as payroll, rent, and utilities, will be nondeductible when taxpayers file their tax returns for the period covering the eight-week window.
  • Click HERE to read the article from PYA

Additional Resources:

Instructions for Ordering PPE Through Amazon

Order PPE through Amazon with a business account that is designated as a medical provider. You will need to set up a business account if you don’t have one already and then designate the account as a medical professional.  It takes a little time to get set up, but once you do there is PPE available for medical practices.

Amazon business website:   https://business.amazon.com/

  • Once account is set up – go to settings
  • Look for “Licenses and credentials”
  • Click on licenses
  • Add in one of your physician's information to complete the form.
  • Amazon will let you know once you are approved as a medical provider. Follow steps on email.
  • You will need to accept the approval from Amazon – under settings, license
  • Once you are approved as a medical provider, you will need to set up a group within your account and label it “Emergency Response Buying Group”. You need to do this step even if you only have one user.
  • Then you should be set up. This process may take a little time, but once you are set up, then there is plenty of PPE available.

When you are completely set up your Amazon account under licenses should look like the below screenshot.

If you have any questions about this process, please contact Barbara Douglas at barbara.douglas@tccn-choa.org.