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    Health Care M+A

    Catching Up On Recent Developments Surrounding CARES Act Stimulus Funds

    In the last several weeks both CMS and HHS have released new developments impacting both the Provider Relief Funds and the Advanced and Accelerated Payment Program. As with all stimulus funds arising under the CARES Act, these recent developments (highlighted below) continue to demonstrate that these programs remain highly fluid and subject to change at a moment’s notice – sometimes materially, as is evident below. They also continue to leave many questions unanswered and issues subject to determination.

    To read more, click here.


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    Blog Launch: COVID-19: What your Business Needs To Know
     

    US District Judge Rules Against Pennsylvania Governor’s COVID-19 Restrictions


    On September 14, 2020, United States District Judge William Stickman IV of the Western District of Pennsylvania, a recent appointee of Donald J. Trump, ruled that executive orders issued by Pennsylvania Governor Tom Wolf closing non-life-sustaining businesses and restricting the size of gatherings as part of the Governor’s stay-at-home orders were unconstitutional.  

    The ruling by Judge Stickman comes in a case filed by three groups of plaintiffs, including the Counties of Butler, Fayette, Greene, Washington (the “County Plaintiffs”), U.S. Rep. Mike Kelly, R-PA, and Pennsylvania State Rep. Daryl Metcalfe, R-Butler (the “Political Plaintiffs”), and seven businesses and their owners (the “Business Plaintiffs”), on May 7, 2020 challenging the orders issued by Governor Wolf and the Secretary of the Pennsylvania Department of Health. 


    To read more, click here.

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    California’s Rush of COVID-19 Legislation

    CDC Order: Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19

    Summary and Applicability of CDC Order to Halt Residential Evictions

    Summary

    On September 4, 2020, the Centers for Disease Control and Prevention[1] published an order titled, Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19 (the “CDC Order”).[2] The CDC Order will remain in effect at least until December 31, 2020.  The CDC Order provides eviction protection for tenants who are suffering financial hardship, meet certain income thresholds and complete the necessary requirements for protection.  A Tenant’s hardship need not be directly related to COVID-19 in order to be eligible.  The CDC Order applies in any state or area where similar eviction protections of equal or greater force are not in place.  Only residential properties are affected. Motels, Hotels and short-term rentals are unaffected.

    To read more, click here.

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    Constitutional Implications of COVID-19 Public Health Measures

    SBA Releases Interim Final Rule; New Forgiveness Application for Small Loans

    The U.S. Small Business Administration (“SBA”) released an Interim Final Rule (the “Rule”) on October 8, 2020. The Rule addresses the new forgiveness application, as further discussed below, and borrower submission of costs in excess of the PPP loan amount. The Rule states that if a borrower submits costs in excess of the PPP loan amount, the lender should confirm the borrower’s calculations up to the amount required to reach the requested forgives amount.

    To read more, click here.