Alston & Bird’s Coronavirus Flash provides updates on policy and regulatory actions under consideration across many important industries being monitored by our teams. Links to key government and legal resources are provided throughout the report.
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UPDATED 9:00 AM ET ON MONDAY, JULY 13, 2020
The Latest News
- U.S. COVID-19 cases exceed 3,290,787 and 132,396 U.S. deaths. (Source: CDC) (Updated 7/13/20)
- U.S. stock market: On Friday the markets were up for the day, with the Dow rising 369 points, the S&P 500 gaining 32 points, and the Nasdaq adding 69 points. (New)
- The National Federation of Independent Businesses (NFIB) released survey results which indicate that 22% of the Paycheck Protection Program (PPP) loan recipient firms anticipate having to lay off workers once the loan is exhausted. More than 56% have spent their loans, and over 38% kept their original 8-week loan forgiveness period. (7/10/20) (New)
- Vice President Mike Pence and HHS Secretary Alex Azar reassured governors last week that the Administration planned to extend the public health emergency (PHE) declaration when it expires on July 25. If extended it will be the second extension since the coronavirus emergency was declared in January. Public health emergency declarations are often extended (each extension is for 90 days) months beyond the dates of initial disasters, but the coronavirus emergency has been unique due to its nationwide impact and the number of waivers and regulatory flexibilities extended for the duration of the PHE. To confirm the phone pledges made by Vice President Pence and Sec. Azar, the HHS communications director, Michael Caputo tweeted "Enough already. @HHSGov expects to renew the Public Health Emergency due to COVID-19 before it expires." (7/7/20) (New)
- Bill 4.0: The Administration has voiced its support for another emergency stimulus package by early August but want the cost to be limited to $1 trillion or less. The House of Representatives is scheduled to depart by August 3 for the August recess and is setting a narrow window for action on bill 4.0. With only weeks before August 3, very little has been publicly released on the negotiations, but some COVID-19 relief may be included in the fiscal year 2021 appropriations proposals moving forward in the House this week. Last week, the House passed S. 4209, which would expand COVID-19 aid for non-profits and state and local governments, and in separate action the House leadership is considering including $24 billion in state and local aid in the House Labor-HHS appropriations bill to be considered by the full committee this week. (New)
- The HEROES Act was the first formal offer on a new emergency stimulus bill, 4.0: For the full details on the HEROES Act, H.R. 6800, which passed the House on May 15:
- The HEROES Act text is available here.
- A 1-pager and 71 page section-by-section summary are available here.
- And an outline of the state and local funding provisions is here.
- The Paycheck Protection Flexibility Act, H.R. 7010, was enacted on June 5. To learn more, see this A&B Summary of the Paycheck Protection Flexibility Act. (6/5/20)
- Bill 3.5: Paycheck Protection Program and Health Care Enhancement Act, (R. 266) was enacted on April 24. Also available are a section-by-section summary and an overview of the health care provisions.
- A&B detailed summaries are below:
- Bill 3.0: Coronavirus Aid, Relief, and Economic Security (CARES) Act, (R. 748) passed on March 27. A congressional section by section summary is available here.
- Congress has passed three coronavirus emergency response bills and the first two are below:
- Bill 1.0: Coronavirus Preparedness and Response Supplemental (CPPRS) (R. 6074) passed on March 5
- Bill 2.0: Families First Coronavirus Response Act (FFCRA) (R. 6201) passed on March 18
Transition to “Reopening”
- Administration Actions
- The Administration’s changes to the Student Exchange Visitor Program and the online-only classes at colleges and universities receive a full analysis in this A&B Advisory. (7/7/20) (New)
- The CDC updated or released guidance for reopening:
- Meat and Poultry Processing Toolkit (7/9/20) (New)
- Planning to Hold Events and Gatherings (7/9/20) (New)
- Tribal Communities and recommendations for tribal ceremonies and gatherings (7/8/20) (New)
- FAQs on COVID-19 spread, prevention, outbreaks, warning signs, and children. (Updated 7/7/20)
- Quarantining if Exposed (Updated 7/7/20)
- Social Media Toolkit for Localized Efforts (Updated 7/7/20)
- Print Resources for Workplaces and Other Public Settings (7/7/20) (New)
- How to Wear Cloth Face Coverings (Updated 7/6/20)
- Precautions for Livestock and Animals (Updated 7/6/20)
- Funeral Home Workers (7/6/20) (New)
- Amusement Park and Carnival Operations (7/4/20) (New)
- Businesses and Workplaces (Updated 7/3/20)
- K-12 School Preparation for Reopening (Updated 7/3/20)
- Youth Sports (7/2/20) (New)
- SARS-CoV-2 Testing Considerations for Non-healthcare Workplaces (7/2/20) (New)
- State/Other Actions
- For the latest information on state reopening decisions, see A&B 50-State Reopening Tracker - updated in each A&B Coronavirus Flash. (Updated 7/9/20)
- Business Insurance News
- On June 29, Representative Mike Thompson (D-CA) introduced H.R. 7412, a Bill “[t]o establish a temporary voluntary program for support of insurers providing business interruption insurance coverage during the COVID-19 pandemic, and for other purposes.” While the text of the bill is not yet available, a Press Release issued by Representative Thompson’s office indicates that the bill would establish a “voluntary program that would reimburse insurers who voluntarily pay our business interruption claims.” (New)
- On July 2, the Maryland Insurance Administration issued Bulletin 20-28, which recognizes that while the Administration has requested that property & casualty insurers make reasonable accommodations to avoid cancellation of policies for non-payment of premiums due to COVID-19, that most admitted insurers have complied with the Administration’s request, but insurers cannot be expected to provide coverage in the absence of premium payments indefinitely. The Administration has stated that it “has not issued, and does not (at this time) plan to issue orders compelling property and casualty insurers to continue to maintain policies in force indefinitely without payment of premium.” However, admitted insurers will be required to make an informational filing in SERFF providing details of its COVID-19 response efforts. An upcoming Bulletin will provide additional information regarding this required filing. (New)
- On July 7, Pagnol et Cie., Inc dba Chez Panisse, a well-known Berkeley restaurant filed suit against its insurer AMCO Insurance Company, an affiliate of Nationwide Mutual Insurance Co. in the Northern District of California. The Complaint alleges AMCO “swiftly denied” its claim for business interruption coverage relating to its suspension of in-house dining in compliance with certain statewide closure orders. Plaintiff alleges that compliance with the state “orders has caused direct physical loss of Chez Panisse’s insured property in that the property has been made useless and/or uninhabitable. Without citing any specific policy provisions, Plaintiff argues that they purchased “full-spectrum, comprehensive insurance for their business – not just for damage to their physical premises and equipment.” Plaintiff seeks a declaratory judgment that its policy provides coverage for the losses it has sustained by complying with the state closure orders, as well as damages for breach of contract and breach of the implied covenant of good faith and fair dealing. The case is Pagnol et Cie., Inc. v. AMCO Ins. Co., No. 4:20-cv-04488 (N.D. Cal.). (New)
Department of Health and Human Services
- HHS has a tracking feature that allows public viewing of all COVID-19 HHS grants and cooperative agreement awards on its website. The grants were distributed through programs in the ACF, ACL, ASPR, CDC, DHHS/OS, HRSA, IHS, NIH, and SAMHSA. (Updated 7/9/20)
- HHS released May and June testing plans for each state, territory, and some localities. (7/10/20) (New)
- The HHS Health Research and Services Administration (HRSA) announced the award of $21 million in grants to health centers to support their COVID-19 response. (7/9/20) (New)
- The HHS National Institutes of Health (NIH) launched clinical trials to test COVID-19 vaccines and other prevention tools. (7/8/20) (New)
- The HHS Office of the Assistant Secretary for Preparedness and Response (ASPR) have developed a webpage to help community-based organizations (CBOs) to help their preparedness in emergencies. (7/8/20) (New)
- The HHS / ASPR information and resources to aid family caregivers. (7/8/20) (New)
- HHS is launching a testing hotspot resource website for select surge areas. (7/7/20) (New)
- HHS, jointly with DOD, announced a $1.6 billion agreement with Novavax, Inc. to demonstrate commercial-scale manufacturing of the company’s COVID-19 investigational vaccine. (7/7/20) (New)
- HHS, jointly with DOD, announced an agreement with Regeneron, Inc to demonstrate commercial-scale manufacturing of their COVID-19 investigational anti-viral antibody treatment. (7/7/20) (New)
- The HHS Office of Biomedical Advanced Research and Development Authority (BARDA) announced a joint program with DOD to accelerate the production and scale-up of SiO2’s patented packaging platform for storing vaccines and therapeutics. (7/7/20) (New)
- BARDA announced a partnership with Chembio Diagnostics to develop a point-of-care in vitro diagnostic test in respiratory specimens. (7/6/20) (New)
- The HHS Office of Civil Rights maintains a list of COVID-19 complaint resolutions. (Updated 7/3/20)
HHS/CDC/CMS/HRSA CARES Act Provider Relief Funds
- HHS - the CARES Act Provider Relief Fund (PRF) webpage and portal (Updated 7/10/20)
- And the PRF FAQs (Updated 7/10/20) have been updated and capture numerous modifications.
- HRSA has released a Fact Sheet on Medicaid and CHIP provider resources. (7/7/20) (New)
- HHS announced $4 billion in additional provider relief fund payments to be disbursed to certain rural and small metropolitan hospitals, hospitals serving a high number of Medicaid patients, and providers of large amounts of uncompensated care. (7/10/20) (New)
- The CDC has posted an updated dataset of provider recipient specific payment from the Provider Relief Fund general distribution high impact targeted allocation and/or rural targeted allocation. The dataset includes who has attested to receiving one or more payments and agreed to the terms and conditions as of July 10. (Updated 7/10/20)
- The Internal Revenue Service (IRS) issued FAQs on the provider relief fund to address questions on the taxation of fund payments. (7/8/20) (New)
- A number of health care provider organization have expressed their concern with the taxation. (6/25/20) (New)
- HHS posted a resource on Provider Relief Fund disbursements to serve as summary of the key details. The CARES Act Provider Relief Fund hotline is (866) 569-3522. (6/18/20)
- A&B Hospital Provisions from all 4 bills tracker (Updated 7/12/20)
- A&B Provider Relief Fund Disbursement tracker (Updated 7/12/20)
Centers for Disease Control and Prevention
- The Centers for Disease Control and Prevention (CDC) COVIDView Weekly Summary is available. (Updated 7/10/20)
- The CDC weekly COVID forecast. (Updated 7/9/20)
- The CDC S. testing data. (Updated 7/12/20)
- The CDC announces eCR, an electronic case reporting tool to help providers with real time data flow. (7/9/20) (New)
- The CDC has posted new graphics on the latest COVID-19 data. (7/8/20) (New)
- The CDC has developed two laboratory tests that identify SARS-CoV-2. (7/3/20) (New)
- The CDC has updated the information on influenza SARS-CoV-2 Multiplex Assay, a real-time reverse-transcriptase chain reaction test. (7/3/20) (New)
- The CDC has updated several items for laboratories:
- Resources for Laboratories (7/3/20) (New)
- FAQs for Laboratories on COVID-19 (7/11/20) (New)
- Guidance on Laboratory Safety Practices (7/6/20) (New)
- The CDC updated its SARS-CoV-2 testing strategy considerations for health care personnel. (7/2/20) (New)
- The CDC has released new guidance for:
- Universal Use of Eye Protection (7/9/20) (New)
- Infographic on Multi-system inflammatory Syndrome in Children (7/9/20) (New)
- Understanding COVID-19 During Pregnancy (7/9/20) (New)
- Updated interim guidelines for collecting, handling, and testing clinical specimens for COVID-19 (7/8/20) (New)
- Correctional and Detention Facilities - Updated (7/8/20) (New)
- Clinical FAQs for healthcare workers (7/7/20) (New)
Centers for Medicare & Medicaid Services
- The Centers for Medicare and Medicaid Services (CMS) latest news alerts. (Updated 7/10/20)
- For the latest COVID-19 related CMS guidance and FAQs visit the CMS Current Emergencies webpage. (Updated 7/9/20)
- CMS released additional aid for nursing home hotspot areas. (7/10/20) (New)
- CMS released revised guidance on nursing home safety and quality, including the nursing home five star rating system. (7/9/20) (New)
- CMS Medicare proposed payment changes for dialysis in the home setting. (7/6/20) (New)
Food and Drug Administration
- FDA provides a daily roundup on COVID-19 related actions. (Updated 7/10/20)
- FDA updated its FAQs on Testing for SARS-CoV-2 relating to the development and performance of tests for SARS-CoV-2. (Updated 7/10/20)
- FDA maintains its COVID-19 FAQs for the general public. (Updated 7/10/20)
- FDA webpage for health professionals. (Updated 7/6/20)
- The agency also maintains a public database of drug shortages. (Updated 7/10/20)
- The FDA plans to resume domestic on-site inspections on July 20. The inspections were temporarily paused in March. (7/10/20) (New)
- The FDA issued an alert on methanol contamination in certain hand sanitizers and added additional products to their list. (7/10/20) (New)
- A U.S. District Court in Florida has granted a motion in default judgement and permanent injunction against Genesis II Church of Health and Healing. FDA had previously issued warning letter for fraudulent selling of COVID-19 products. (7/9/20) (New)
- The FDA updated the Molecular Diagnostic templates on FDA.gov. (7/9/20) (New)
- The FDA issued warning letters for selling fraudulent COVID-19 products to: Ionogen, LLC, com, Butterfly Expressions, LLC, Lotus Herbal Supplements, Lianhuaqingwencaps.com, and Shen Clinic, LLC. (7/8/20) (New)
- The FDA released a letter to clinical laboratory staff and health care providers to alert them of an increased risk of a false positive result with BD SARS-CoV-2 Reagents for the Becton, Dickinson and Company Max System text. (7/6/20) (New)
- The FDA issued new emergency use authorizations (EUA) for:
- Diagnostic test for differentiation of the viruses that cause flu and COVID-19 (7/2/20) (New)
Small Business Administration
- The President signed into law 4116 which reauthorizes the Paycheck Protection Program (PPP) through August 8. This extends the PPP loan assistance for small businesses which had been set to expire on June 30 for another 6 weeks. (7/4/20)
- The SBA Paycheck Protection Program (PPP):
- The SBA detailed data on PPP loans, including recipient names. (7/6/20) (New)
- The PPP FAQs have been updated. (6/25/20)
Other Federal Agencies
- The U.S. Department of Agriculture announced additional commodities for coronavirus food assistance programs. (7/6/20) (New)
- The Environmental Protection Agency’s decision to end its temporary policy to exercise enforcement discretion for noncompliance of routine monitoring and reporting during the pandemic gets a full analysis in this A&B Advisory. (7/2/20)
- The Federal Communications Commission (FCC) announced the award of 25 additional grants for the COVID-19 telehealth program. (7/8/20) (New)
- The Federal Emergency Management Administration (FEMA) posted a fact sheet on authorized use and avoiding fraudulent respirators. (7/8/20) (New)
- FEMA updated information on its temporary final rule on prioritization and allocation of certain scarce or threatened health and medical resources for domestic consumption. (7/6/20) (New)
- The Federal Housing Administration (FHA) announced additional home retention measures to help homeowners with FHA-insured single family mortgages who are impacted by COVID-19. (7/8/20) (New)
- The Federal Trade Commission (FTC) charged an online marketer with falsely promising consumers next-day shipping of facemasks and other personal protective equipment (PPE) to deal with COVID-19. The FTC alleges that the company sought to capitalize on the high demand for PPE and falsely claimed that they had PPE in stock with the slogan, “Pay Today, Ships Tomorrow.” The FTC’s complaint states that the company’s tactics violated the FTC Act and the Mail Order Rule, which requires that companies advertising that they can ship merchandise within a certain timeframe have a reasonable basis for the promised timeframe. The company allegedly also violated the Mailbox Rule by not notifying its consumers about the shipping delay, and not seeking their consent to delayed shipments, and not refunding their money. Moreover, the FTC asserts that the company’s merchandise were falsely advertised as “authentic” or “certified.” The U.S. Attorney’s Office for the Eastern District of New York levied claims concurrently that the company’s owner engaged in price gouging and mail and wire fraud. (7/8/20) (New)
- A&B reviews what COVID-19 means for health mergers. (7/1/20)
- The Department of Housing and Urban Development (HUD) has developed a toolkit on eviction prevention and stability. (7/8/20) (New)
- The Department of Labor’s (DOL) Occupational Safety and Health Administration (OSHA) issued a new poster for meat packing employers on worker safety. (7/8/20) (New)
- DOL/OSHA issued guidance to reduce risk exposure for oil and gas workers. (7/7/20) (New)
- DOL announced a series of July webinars on COVID-19 related sick leave for employers: (6/29/20)
- July 14, 1:00pm – 3:00pm EDT
- July 21, 1:00pm – 3:00pm EDT
- July 28, 1:00pm – 3:00pm EDT
- A&B offers a timely update on COVID-19 and what businesses need to know about corporate governance and the Insolvency Act of 2020. (7/6/20) (New)
- The Department of Treasury and the IRS issued Notice 2020-54 on reporting qualified sick and family leave wages paid. (7/8/20) (New)
- The Department of Treasury announced CARES Act aid for several airlines. (7/7/20) (New)
- The Department of Treasury announced updates to the Main Street Lending Program. (7/7/20) (New)
- The Department of Treasury and the IRS issued proposed guidance for consolidated groups regarding net operating losses (NOLs). (7/6/20) (New)
For background and the most up-to-date information, please visit the Centers for Disease Control and Prevention Coronavirus Disease 2019 website: HERE. The additional federal agency links are provided by the White House Coronavirus Task Force: What You Should Know:
- How to Protect Yourself & Others
- What to Do If You Are Sick with COVID-19
- Symptoms
- Facts about COVID-19
- Guidance Documents
- Information for Communities, Schools, and Businesses
- Workplaces during the COVID-19 Pandemic
- Cleaning and Disinfecting Your Facility
- Worker Safety and Support
- COVID-19 Critical Infrastructure Sector Response Planning
- General Business Frequently Asked Questions
- Information for Small Businesses
- SBA: COVID-19 Resources
- Treasury: Assistance for Small Businesses
- DOL: Guidance for Preparing Workplaces for Coronavirus
- DOL: COVID-19 and the American Workplace
- DOL: OHSA Resources for Workers and Employers on COVID-19
- WHO: Get Your Workplace Ready for COVID-19
- CISA: Risk Management for COVID-19
- CISA: Telework Guidance and Resources
- CISA: Guidance on the Essential Critical Infrastructure Workforce
Information for Travel and Transportation:
- Information for Travel
- Travel in the United States
- Public Health Considerations for Reopening Mass Transit During the Covid-19 Pandemic
- COVID-19 Travel Recommendations by Country
- Travel Restrictions to Prevent the Spread of Disease
- Airline Guidance
- Cargo Ship Guidance
- Maritime Resources
- Returning from International Travel
- Travelers Returning from Cruise Ship and River Cruise Voyages
- Travel: Frequently Asked Questions and Answers
- Travelers Prohibited from Entry to the United States
- Communication Resources for Travelers
- State: Travel Advisories
- State: Traveler’s Checklist
- State: Smart Traveler Enrollment Program
- DOT: FAQs from FTA Grantees Regarding COVID-19
- DOT: Expanded Emergency Declaration
- FAA: Guidance for Air Carriers and Crews
Alston & Bird Coronavirus Links
- Alston & Bird Coronavirus Response & Relief Web page
- To Subscribe to Alston & Bird Advisories
- For Alston & Bird COVID-19 Insights and Events
- Previous Alston & Bird Coronavirus Advisories (not included in the above)
- June 30
- June 15
- June 8
- June 5
- June 3
- June 1
- May 29
- May 22
- May 21
- May 18
- May 15
- May 12
- May 8
- Finance Advisory: ESG During the Coronavirus Crisis -- Should You Care?
- Health Care / Privacy & Data Security Advisory: Expansive Interoperability and Data-Sharing Requirements Require Attention Despite Delays in Enforcement
- Financial Restructuring & Reorganization Advisory: Delaware Courts Leery of Shareholder Obstruction
- May 6
- May 5
- May 4
- April 30
- April 29
- April 28
- April 24
- April 23
- April 22
- April 21
- Financial Advisory: Forbearance Agreements in the age of COVID-19 and National Shelter-in-Place Orders
- Antitrust / Mergers & Acquisitions / International Trade & Regulatory Advisory: COVID-19 Affect European Foreign Direct Investment Reviews: New EU Guidance Potentially Heralds Increased Protectionism
- April 20
- April 17
- "INSIGHT: Businesses Better Brace for Post-Coronavirus Lawsuits" Bloomberg Law
- Antitrust / Labor & Employment Advisory: Federal Antitrust Agencies Remind Businesses That Colluding on Labor Issues Remains Illegal During Pandemic
- Labor & Employment / Health Care / Corporate & Finance Advisory: Ramping Up: What Does Restarting Look Like?
- April 16
- April 15
- April 14
- April 13
- "As Pandemic Triggers Continuity Plans, What RIAs and BDs Should Ask Themselves," Financial Planning
- FDA & Environment Advisory: Cleaning Up After COVID-19? What You Need to Know Before You Manufacture, Import, or Sell Sterilizers, Sanitizers, Purifiers, and Disinfectants
- Securities Law Advisory: SEC Reminds Companies to Keep Their Disclosures Looking Forward
- April 10
- April 9
- Federal Tax Advisory: IRS Provides Partnerships a Mechanism to Claim Benefit of Retroactive CARES Act Provisions
- Financial Services Advisory: Agencies Update Their Interagency Statement on Reporting Loan Modifications
- Early Securities Class Actions Highlight COVID-19 Litigation Risk (Law360)
- FDA Compliance & Enforcement Advisory: FDA Issues New Guidance on Supply-Chain Disruption Notifications During COVID-19 Emergency
- Financial Restructuring & Reorganization Advisory: Protecting Recoveries in a Pandemic: What Creditors Can Do Right Now
- April 7
- April 6
- Antirust Advisory: Production and R&D Joint Ventures in a Pandemic: Reducing Antitrust Risk
- Financial Services Advisory: Regulatory Agencies Issue Mortgage Servicing Guidance and FAQs for the CARES Act
- White Collar, Government Investigations Advisory: CARES Act Follows Familiar Blueprint for Oversight and Enforcement
- April 3
- April 2
- April 1
- March 31
- March 30
- March 27
- Utilization of Electronic Signatures and Records: What You Need to Know
- SEC Extends Conditional Filing Relief to Companies Affected by COVID-19
- COVID-19: What It May Mean for Landlords and Lenders Under Their CRE Facility Agreements
- Congress Further Expands Medicare Telehealth Benefits with the CARES Act
- March 26
- March 25
- Is the COVID-19 Outbreak an “Act of God”? Why It May Matter for Your Contracts
- FDA and USDA Food Safety Response to COVID-19 & DHS “Critical Infrastructure” Classification of Food and Agriculture Sector
- Does Your Force Majeure Provision Extend to the Coronavirus?
- Competition Authorities Across Europe Relax Competition Law Enforcement During COVID-19 Outbreak
- COVID-19 Impacts Antitrust Deal Reviews: New Procedures and Delays
- March 24
- March 23
- March 20
- Employee Benefits & Executive Compensation Advisory: Coronavirus Impact on Health Benefits: A Deeper Dive
- FDA Compliance & Enforcement Advisory: FDA Temporarily Postpones Routine Domestic Inspections
- March 19
- Antitrust / Mergers & Acquisitions Advisory: COVID-19 Impacts Antitrust Deal Reviews: New Procedures and Delays
- Construction Advisory: Five Best Practices for Construction Industry Stakeholders During the Coronavirus Pandemic
- Labor & Employment Advisory: Employee Leave Requirements Under the Families First Coronavirus Response Act
- Labor & Employment / Health Care Advisory: Coronavirus (COVID-19) FAQs for Employers
- March 18
- March 17
- March 16
- March 13
- March 12
- March 10
- March 6
- March 5
- February 28