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 6, 2020
The Latest News
- U.S. COVID-19 cases exceed 2,879,697 and 127,422 U.S. deaths. (Source: CDC) (Updated 7/6/20)
- The Texas Tribune reports that 8,181 people were hospitalized for COVID-19 in Texas. (7/5/20) (New)
- Fifteen states broke records yesterday on their single day increase in COVID-19 cases according to Johns Hopkins University of Medicine: Alabama, Arizona, Arkansas, California, Florida, Georgia, Idaho, Montana, North Carolina, Oklahoma, Oregon, South Carolina, Tennessee, Texas, and West Virginia. (7/5/20) (New)
- U.S. stock market: On Thursday the markets were up for the day, with the Dow rising 92 points, the S&P 500 gaining 14 points, and the Nasdaq adding 53 points. The markets were closed Friday in observance of Independence Day. (New)
- HHS announced last week an agreement to obtain large supplies of the drug Remdesivir for use in the United States through Gilead Sciences to aid hospitals and state health departments to purchase the drug as allocated by HHS. This agreement secures 500,000 treatment courses of Remdesivir for hospitals, and their payments will be limited to no more than $3,200 per average treatment course at $390 per vial. (6/29/20) (New)
- To qualify for purchases hospitals must submit data on their COVID-19 patients through the TeleTracking web portal by Monday at 8:00pm every two weeks starting on Monday, July 6 (today). (New)
- On Saturday, July 4, 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. The bill passed both chambers last week with bipartisan support. (New)
- Several business groups urge the President and the National Governor’s Association to issue stronger guidance on face masks. The letter was signed by the U.S. Chamber of Commerce, the National Retail Federation, the National Association of Manufacturers, the American Council of Life Insurers, the Business Roundtable, and several others. (7/2/20) (New)
COVID-19 Federal & State Legislation
- Bill 4.0: The House voted early last week to approve, by a vote of 234-179, an amended version of the Patient Protection and Affordability Enhancement Act, H.R. 1425, which seeks to bolster certain health coverage and affordability provisions of the Affordable Care Act (ACA). The Energy and Commerce Committee has posted a one page summary, section-by-section, and the text. The Senate GOP leadership does not plan to move forward on the House passed measure.
- Last Wednesday, the House passed the Invest Act, H.R. 2, a $1.5 trillion infrastructure investment package. While the vote was largely along party lines at 233-188, the Senate is expected to move forward on some version of the Invest Act when they return later this month.
- 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”
- 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 7/2/20)
- Administration Actions
- The Government Accountability Office (GAO) released a report on returning the federal workforce to the workplace. (6/25/20)
- The CDC updated or released guidance for reopening:
- K-12 Schools and Higher Education Institutions (6/30/20) (New)
- Administrators of Institutions of Higher Education (6/30/20) (New)
- Bars and Restaurants (Updated 6/30/20)
- Pet Stores, Pet Distributors, and Pet Breeding Facilities (6/30/20) (New)
- Domestic Travel Messaging for Transportation departments (6/29/20) (New)
- Mitigating exposure in food markets (6/28/20) (New)
- Use of cloth face covering to slow the spread (6/28/20)
- Travel in the US (6/28/20)
- Direct Service Providers (6/28/20)
- Strategies for Optimizing Face Masks and for Eye Protection (6/28/20)
- Pharmacies (6/28/20)
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 7/1/20)
- The HHS Agency for Health Resources and Quality (AHRQ) released a blog on next steps for expanding telehealth and telementoring during COVID-19. (7/1/20) (New)
- The HHS Office of Civil Rights maintains a list of COVID-19 complaint resolutions. (Updated 7/2/20)
- The HHS Indian Health Service announced the expansion of the Community Health Aide Program which provides education and training for tribal community health providers in the delivery of public health services. (7/2/20) (New)
- The HHS Office of Biomedical Advanced Research and Development Authority (BARDA) has announced they are expanding their partnership with Sonica Health to develop an early warning COVID-19 patch. (7/1/20) (New)
- HHS announced it is extending its partnership with national pharmacy and grocery retail chains CVS, Rite-Aid, Walgreens, Quest (through services at Walmart) and eTrueNorth (through services at Kroger, Health Mart, and Walmart) to provide COVID-19 testing. (6/30/20) (New)
- HHS, as authorized by the CARES Act, has re-established the Ready Reserve Corps to provide trained and ready personnel to fill critical public health needs. (6/30/20) (New)
- The HHS Substance Abuse and Mental Health Services Administration, jointly with CMS, released a mental health and substance use disorders resource guide on insurance coverage during the COVID-19 pandemic. (6/29/20) (New)
- The National Institutes of Health (NIH) posted a discussion on Rapid Acceleration of Diagnostics (RADx) between NIH Director Dr. Francis Collins and Dr. Bruce Tromberg, Director of the National Institute of Bioimaging and Bioengineering. (6/25/20)
HHS/CDC/CMS/HRSA CARES Act Provider Relief Funds
- HHS - the CARES Act Provider Relief Fund (PRF) webpage and portal (Updated 7/1/20)
- And the PRF FAQs (Updated 6/30/20) have been updated and capture numerous modifications.
- HHS announced three new Provider Relief Fund allotments completing the initial $100 billion authorized by the CARES Act: the three allotments are safety net hospitals, second round funding for hot spot providers, and Medicaid and CHIP providers. (6/9/20)
- 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 1. (Updated 7/2/20)
- 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 7/5/20)
- A&B Provider Relief Fund Disbursement tracker (Updated 7/5/20)
- Centers for Disease Control and Prevention
- The Centers for Disease Control and Prevention (CDC) COVIDView Weekly Summary is available. (Updated 7/3/20)
- The CDC weekly COVID forecast. (Updated 7/1/20)
- The CDC S. testing data. (Updated 7/5/20)
- The CDC updated its information on contact tracing resources and case investigation. (Updated 6/30/20)
- The CDC updated its information on epidemiology of COVID-19. (7/1/20) (New)
- The CDC updated information on antibody testing. 6/30/20) (New)
- The CDC is partnering with commercial laboratories to conduct a large-scale geographic seroprevalence survey. (6/26/20) (New)
- Updated procedures for completing PUI and CRF forms for persons under COVID-19 investigation. (Updated 6/28/20)
- The CDC has released new guidance for:
- People Who Need to Take Extra Precautions (Updated 7/2/20)
- Social media toolkit to help localize response efforts (7/2/20) (New)
- Infographic on Tracking MID-C and COVID-19 in US Children (7/1/20) (New)
- Testing in Homeless Shelters and Encampments (7/1/20) (New)
- Clinical Care for COVID-19 Patients (6/30/20) (New)
- Healthcare Professional Training (6/30/20) (New)
- Healthcare System Framework for COVID-19 care (6/30/20) (New)
- Clinical questions FAQs (Updated 6/29/20)
- Home Care Guidance for Public Health Departments (6/28/20) (New)
- Optimizing eye protection supplies (6/28/20) (New)
- Optimizing face mask supplies in healthcare settings (6/28/20) (New)
- Management of Visitors to Healthcare Facilities (6/28/20)
- Optimizing N95 use (6/28/20)
- Testing in Congregate Settings (6/27/20) (New)
Centers for Medicare & Medicaid Services
- The Centers for Medicare and Medicaid Services (CMS) latest news alert. (Updated 6/30/20)
- For the latest COVID-19 related CMS guidance and FAQs visit the CMS Current Emergencies webpage. (Updated 7/1/20)
- CMS has posted FAQs on COVID-19 and Medicaid and CHIP to aid state Medicaid agencies. (6/30/20) (New)
- CMS released hospital visitation guidance for phase II. (6/26/20) (New)
- CMS updated its Toolkit on State Actions to Mitigate COVID-19 Prevalence in Nursing Homes. 6/26/20) (New)
- CMS released a Special Trends Report on health insurance exchange enrollment data during the COVID-19 pandemic. (6/25/20)
Food and Drug Administration
- FDA provides a daily roundup on COVID-19 related actions. (Updated 7/2/20)
- FDA updated its FAQs on Testing for SARS-CoV-2 relating to the development and performance of tests for SARS-CoV-2. (Updated 7/2/20)
- FDA maintains its COVID-19 FAQs for the general public. (Updated 7/2/20)
- FDA webpage for health professionals. (Updated 6/24/20)
- The agency also maintains a public database of drug shortages. (Updated 7/2/20)
- The FDA updated the templates for laboratories and commercial manufacturers to facilitate serology testing. (7/2/20) (New)
- The FDA, jointly with the Federal Trade Commission, issued a warning letter to the Center for Wellness and Integrative Medicine for selling unapproved and unauthorized COVID-19 products. (7/1/20) (New)
- The FDA issued new emergency use authorizations (EUA) for:
- COVID-19 RT-PCR Peptide Nucleic Acid (PNA), a home self-collect nasal swab specimen kit by Kroger Co. (6/30/20) (New)
- Psoma COVID-19 RT Test by Psomagen, Inc., a qualitative detection test of nucleic acid from SARS-CoV-2 in upper respiratory swab specimens. (6/30/20) (New)
- LifeHope 2019-nCoV Real-Time RT-PCR Diagnostic Panel by LifeHope Labs. (6/29/20) (New)
- The FDA announced action to facilitate the development of safe and effective COVID-19 vaccines, and new guidance on the licensure of COVID-19 vaccines. (6/30/20) (New)
- The FDA released a podcast called "All About COVID-19 Testing". (6/30/20) (New)
- The FDA issued a warning letter to Curativa Bay Corporation for selling fraudulent COVID-19 products. (6/26/20) (New)
Small Business Administration
- Small Business Administration (SBA) announced it had reopened the Economic Injury Disaster Loan and the Advance Program to small businesses and nonprofits. (6/15/20)
- 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) (New)
- The SBA Paycheck Protection Program (PPP):
- A PPP guidance on how to calculate maximum loan amounts has been posted. (6/26/20)
- The SBA has released an interim final rule on certain eligible payroll costs. (6/25/20)
- The PPP FAQs have been updated. (6/25/20)
Other Federal Agencies
- 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) (New)
- The Federal Communications Commission (FCC) announced funding for rural health care providers for telecommunications and broadband services. (6/30/20) (New)
- The Federal Emergency Management Administration (FEMA) posted a fact sheet on coordinating public assistance during COVID-19. (7/1/20) (New)
- A&B reviews what COVID-19 means for health mergers. (7/1/20) (New)
- The Internal Revenue Service issued notice 2020-53 to provide tax relief for the low-income housing credit and bonds for qualified residential rental projects. (7/1/20) (New)
- The Department of Justice, HHS, and the Federal Trade Commission released an alert on contract tracing fraud schemes. (6/30/20) (New)
- For the latest in COVID-19 litigation read the latest issue of A&B's Class Action Roundup. (6/25/20)
- The Department of Labor announced a series of July webinars on COVID-19 related sick leave for employers: (6/29/20) (New)
- July 7, 1:00pm – 3:00pm EDT
- July 14, 1:00pm – 3:00pm EDT
- July 21, 1:00pm – 3:00pm EDT
- July 28, 1:00pm – 3:00pm EDT
- The Security and Exchange Commission (SEC) has changed its guidance on what COVID-19 issues corporations should disclose to investors. A&B offers a deeper dive on what to consider before you disclose. (6/30/20) (New)
- The Departments of Transportation, Homeland Security, and HHS issued new guidance on safe air travel for the airline industry. (7/2/20) (New)
- The Department of Transportation announced grants to 347 airports totaling $800 million as authorized by the CARES Act. (6/30/20) (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 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