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, AUGUST 10, 2020
The Latest News
- U.S. COVID-19 cases exceed 5,016,155 and 159,242 U.S. deaths. (Source: CDC) (Updated 8/10/20)
- U.S. stock market: On Friday the major benchmarks ended with mixed results for the day, with the Dow and S&P rising 46 and 2 points, respectively, while the Nasdaq lost 97 points. (New)
- Congressional talks continue with no clear indication that agreement is near on the emergency relief package under discussion. The Senate $1 trillion HEALS Act proposal announced nearly two weeks ago kicked off more serious negotiations with the House who had passed the HEROES Act in May. Leaders of both bodies have stated they intend to pass something before the traditional August recess more formally begins, and both parties are scheduled to hold their presidential nominating conventions – virtually – later in August. (New)
- On Saturday, President Trump announced four executive orders which he said were in response to the lack of progress by Congress on its economic relief package. The executive orders drew immediate debate on whether the President had authority to change federal taxes and extend federal spending without Congressional approval, but if a congressional emergency relief deal is reached this week it may become moot on one or more of these orders. (New)
- The four executive orders:
- Executive Order to defer Social Security and Medicare payroll tax obligations for Americans earning less than $100,000 during the COVID-19 crisis.
- Executive Order to extend supplemental $400 per week in unemployment benefits during the COVID-19 crisis.
- Executive Order to extend student loan payment relief through the end of 2020.
- Executive Order to renew a moratorium on evictions to aid renters during the COVID-19 crisis.
- Bill 4.0: The House and Senate leadership will continue their negotiations on a relief package and the failure of success to date may result in a smaller, more narrow virus relief package leaving some emergency aid items until September or after the election to be addressed. (New)
- The HEALS Act was released in sections by the authorizing committees:
- Senate Finance, S. 4318: Text, Section-by-Section
- Senate Liability Protections, S. 4317: Text
- Senate Small Business, S. 4321: Text, Section-by-Section
- Senate Appropriations Health, Education, and Labor : Section-by-Section
- Senate Appropriations Supplemental, S. 4320: Text, Section-by-Section
- Senate Trust Funds, S. 4323: Text, Section-by-Section
- Senate HELP – Education: Section-by-Section
- Senate HELP – Education School Choice, S. 4322: Text, Summary
- Senate Supply Chain, S. 4324: Text
- Senate Restaurant Workers, S. 4319: Text
- 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
- President Trump signed an Executive Order to expand access to telehealth services during the COVID-19 pandemic and to make some of these flexibilities permanent after the public health emergency ends. (8/3/20) (New)
- President Trump signed an Executive Order to encourage the production of certain drugs and medical supplies in the U.S. following shortages during the COVID-19 pandemic. (8/6/20) (New)
- The Department of State lifted the Global Level 4 Health Advisory in place since March 19. (8/6/20) (New)
- President Trump announced an Executive Order to defer payroll tax obligations during the COVID-19 crisis. (8/8/20) (New)
- President Trump announced an Executive Order to extend supplemental unemployment benefits during the COVID-19 crisis. (8/8/20) (New)
- President Trump announced an Executive Order to extend student loan payment relief during the COVID-19 crisis. (8/8/20) (New)
- President Trump announced an Executive Order to renew a moratorium on evictions during the COVID-19 crisis. (8/8/20) (New)
- The CDC updated or released guidance for reopening:
- Considerations for Returning to Work (Updated 8/3/20)
- Businesses and Workplaces (Updated 8/4/20)
- Worker Safety and Support (Updated 8/7/20)
- Road travel toolkit (8/6/20) (New)
- Air travel toolkit (8/6/20) (New)
- State/Other Actions
- For the latest information on state reopening decisions, see A&B 50-State Reopening - updated in each A&B Coronavirus Flash. (Updated 8/7/20)
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 8/6/20)
- The HHS Office of Assistant Secretary of Preparedness and Response (ASPR) updated a table on the allocation and distribution of Remdesivir. (Updated 8/6/20)
- HHS has created a new public data website as a COVID-19 Resource. (Updated 8/9/20)
- NIH launched the Medical Imaging and Data Resource Center (MIDRC) to fight COVID-19 using artificial intelligence and medical imaging. (8/5/20) (New)
- HHS and the Department of Defense (DOD) announced:
- Agreement with the Janssen Pharmaceutical Companies of Johnson & Johnson to produce 100 million COVID-19 investigational vaccine doses. (8/5/20) (New)
- HHS awarded over $101 million to combat substance use disorders (SUD) and opioid use disorders (OUD). (8/6/20) (New)
- BARDA and the DOD announced a partnership with Grand River Aseptic Manufacturing, Inc. to expand capacity and ensure access for filling and finishing COVID-19 vaccines or therapeutics. (8/6/20) (New)
- HHS published a fact sheet explaining Operation Warp Speed. (8/7/20) (New)
- NIH announced research funding to identify children at risk for Multisystem Inflammatory Syndrome in Children (MIS-C). (8/7/20) (New)
HHS/CDC/CMS/HRSA CARES Act Provider Relief Funds
- HHS announced it is extending its application deadline for the Phase 2 general distribution of the Provider Relief Fund (PRF) to Medicaid, Medicaid managed care, Children’s Health Insurance Program (CHIP), and dental providers to August 28, 2020. (7/31/20)
- HHS announced additional details on the $5 billion CARES Act-authorized nursing home distribution. Specifically, $2.5 billion will be distributed upfront to support increased testing, staffing, and PPE needs. Some funding will go to establishing COVID-19 isolation facilities, and the remaining funds will go to performance-based distributions that will consider COVID-19 prevalence in the local geography, and the recipient’s ability to minimize spread and COVID-19-related fatalities among residents. (8/7/20) (New)
- HHS - the CARES Act Provider Relief Fund (PRF) webpage (Updated 8/7/20)
- And the PRF FAQs (Updated 8/7/20) have been updated and capture numerous modifications.
- 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 August 6. (Updated 8/6/20)
- A&B Hospital Provisions in all 4 bills tracker (Updated 8/9/20)
- A&B Provider Relief Fund Disbursements tracker (Updated 8/9/20)
Centers for Disease Control and Prevention
- The Centers for Disease Control and Prevention (CDC) COVIDView Weekly Summary is available. (Updated 8/7/20)
- The CDC weekly COVID forecast. (Updated 8/5/20)
- The CDC S. testing data. (Updated 8/8/20)
- The CDC FAQs on testing for SARS-CoV-2. (Updated 8/7/20)
- CDC webpage for all COVID-19 toolkits, videos, print resources, PSAs, FAQs and web resources. (Updated 7/31/20)
- CDC updated its FAQs for laboratories. (Updated 8/6/20)
- CDC electronic laboratory reporting map. (Updated 7/30/20)
- CDC information for laboratories required to report to state and local public health authorities. (Updated 8/7/20)
- The CDC updated its Toolkit for Correctional & Detention Facilities. (Updated 7/30/20)
- The CDC updated its Toolkit for People Experiencing Homelessness. (Updated 7/31/20)
- The CDC updated its considerations for retirement communities and independent living facilities. (Updated 7/31/20)
- The CDC updated its information on their CDC Influenza SARS-CoV-2 (Flu SC2) Multiplex Assay. (8/2/20) (New)
- The CDC updated its information on rural communities and COVID-19. (Updated 8/3/20)
- The CDC updated its document on clinical questions about COVID-19. (Updated 8/4/20)
- The CDC updated its key resources for health departments. (Updated 8/4/20)
- The CDC updated it general FAQs. (Updated 8/4/20)
- The CDC updated its information on ways Community-Based Organizations (CBOs) can help slow the spread of COVID-19. (Updated 8/5/20)
- The CDC updated training modules for conducting contact tracing and case investigating. (Updated 8/6/20)
- The CDC updated resources for conducting contact tracing. (Updated 8/6/20)
- The CDC updated its information for environmental health practitioners. (Updated 8/6/20)
- The CDC has released guidance for:
- Testing for Health Care Workers (Updated 7/31/20)
- Community-Related Exposures (Updated 7/31/20)
- Use of Pooling Procedures in SARS-CoV-2 Diagnostic, Screening, and Surveillance Testing (8/1/20) (New)
- Caring for Newborns with COVID-19 (8/3/20) (New)
- Shared or Congregate Housing (Updated 8/3/20)
- Decontamination and Reuse of N95 FFRs (Updated 8/4/20)
- Infection Prevention and Control for Dental Settings (Updated 8/4/20)
- COVID-19 Cases at Homeless Service Provider Sites (Updated 8/6/20)
- Newly Resettled Refugee Populations (Updated 8/6/20)
- Data on COVID-19 During Pregnancy (Updated 8/6/20)
Centers for Medicare & Medicaid Services
- The Centers for Medicare and Medicaid Services (CMS) latest news alerts. (Updated 8/7/20)
- For the latest COVID-19 related CMS guidance and FAQs visit the CMS Current Emergencies webpage. (Updated 8/7/20)
- CMS announced it is going to expand the deadline for use of the renewed Advance Beneficiary Notice of Noncoverage (ABN) to January 1, 2021. (8/4/20) (New)
- CMS announced a policy that will allow issuers to offer temporary premium reductions for individuals with 2020 coverage in the individual and small group markets. (8/4/20) (New)
- CMS issued updated FAQs on COVID-19 testing at skilled nursing facilities and nursing homes. (Updated 8/5/20)
Food and Drug Administration
- The Food and Drug Administration (FDA) provides a daily roundup on COVID-19 related actions. (Updated 8/7/20)
- FDA updated its FAQs on Testing for SARS-CoV-2 relating to the development and performance of tests for SARS-CoV-2. (Updated 8/7/20)
- FDA maintains its COVID-19 FAQs for the general public. (Updated 8/6/20)
- FDA webpage for health professionals. (Updated 7/16/20)
- The agency also maintains a public database of drug shortages. (Updated 8/4/20)
- FDA updated its FAQs on the EUA for Remdesivir for certain hospitalized COVID-19 patients. (Updated 7/30/20)
- FDA updated its information on hand sanitizer products that consumers should not use. (Updated 7/31/20)
- FDA updated its Coronavirus Treatment Acceleration Program (CTAP) webpage with new metrics and FAQs. (Updated 8/7/20)
- FDA issued a warning letter for fraudulent COVID-19 products to:
- com (8/3/20) (New)
- Canadian Chaga (8/6/20) (New)
- FDA issued emergency use authorization (EUAs) for: (New)
- Siemens for itsADVIA Centaur SARS-CoV-2 IgG (COV2G) and Atellica IM SARS-CoV-2 IgG (COV2G) tests
- Abiomed, Inc., for its Impella Left Ventricular (LV) Support Systems
- Cleveland Clinic Robert J. Tomsich Pathology and Laboratory Medicine Institute, for its (molecular) Cleveland Clinic SARS-Co-V-2 Assay
- Poplar Healthcare, for its (molecular) Poplar SARS-CoV-2 TMA Pooling Assay
- Wren Laboratories, LLC, for its (molecular) Wren Laboratories COVID-19 PCR Test
- Ethos Laboratories for its (molecular) SARS-CoV-2 MALDI-TOF Assay
- Subsalve USA, for its Subsalve Oxygen Treatment Hood
- VORTRAN Medical Technology 1, Inc., for its VORTRAN GO2VENT with PEEP Valve
- Nanotronics Imaging, Inc., for its nHaledevice
- A Surgical Masks Umbrella Emergency Use Authorization
Small Business Administration
- The President signed into law 4116 which reauthorizes the Paycheck Protection Program (PPP) and the application deadline expired August 8. (8/10/20)
- The SBA released a summary of PPP lending up to July 31, 2020. (8/3/20) (New)
- The SBA issued new FAQs concerning forgiveness of PPP loans. (8/4/20) (New)
Other Federal Agencies
- The S. Department of Agriculture (USDA) announced it is investing $462 million to modernize critical drinking water and wastewater infrastructure across rural America. (8/3/20) (New)
- The USDA announced it will authorize Approved Insurance Providers (AIPs) to extend deadlines for premium and administrative fee payments, defer the resulting interest accrual and allow other flexibilities to help farmers, ranchers, and insurance providers due to the COVID-19 pandemic. (8/5/20) (New)
- The S. Department of Housing and Urban Development announced it will award over $74 million in grants to 12 state housing finance agencies to support affordable rental housing for low-income individuals with disabilities. (8/3/20) (New)
- A federal judge ruled that restrictions in a Department of Labor rule on which workers can access a temporary federal paid leave program are illegal and must be removed from the rule. (8/3/20) (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)
- July 15
- July 9
- July 6
- July 2
- July 1
- 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