December 2020 COVID-19 Relief Bill

On December 22, 2020, the United States Congress passed an omnibus spending bill (the December relief bill) that included significant revisions and additions to the Paycheck Protection Program (PPP) established by the Coronavirus Aid, Relief and Economic Security Act (CARES Act), and previously amended by the Paycheck Protection Program Flexibility Act (PPP Flexibility Act). President Trump signed the bill on December 27, 2020.

Duane Morris has published two Alerts on the December relief bill.

For businesses of 300 or fewer employees, there will be an opportunity to receive a second PPP loan, provided that certain other criteria are met. The first Alert, “Second PPP Loans Available for Certain Businesses; Changes to PPP Loan Terms and Conditions,” summarizes the criteria for the “second-draw” loans available for certain businesses.

The second Alert, “Shuttered Venue Operator Grants,” covers economic opportunities for businesses impacted by COVID-19, including Shuttered Venue Operator Grants for live venue operators, entertainment businesses, arts and cultural organizations and others listed below that have been severely impacted by COVID-19 and related government and industry restrictions.

CDC Updates Interim COVID-19 Vaccine Allocation Recommendations

At an emergency meeting on December 20, 2020, the CDC’s Advisory Committee on Immunization Practices updated its COVID-19 vaccine allocation recommendations based on limited vaccine supply by specifying the populations for the second and third subphases of the initial vaccine rollout: Phase 1b and Phase 1c. The recommendations have been adopted by the CDC director and became official as of December 22, 2020.

To read the full text of this Duane Morris Alert, please visit the firm website.

COVID-19 Vaccination: Considerations for Seniors Housing Communities

More than nine months after start of the coronavirus pandemic, the beginning of the end finally appears to be within sight. Novel vaccines have shown tremendous promise in clinical trials, and the United States Food and Drug Administration (FDA) has granted Emergency Use Authorizations (EUAs) to the first two COVID-19 vaccines—one developed by a collaboration between Pfizer and BioNTech SE and the other developed by Moderna. The first Americans received initial doses of the Pfizer-BioNTech vaccine on Monday, December 14, 2020—a remarkably quick turnaround from the initial identification of the SARS-CoV-2 virus at the end of 2019 to the delivery of the first doses of a vaccine one year later.

While the efforts to bring vaccines to long-term care communities will not begin in earnest until December 21 or December 28, residents of long-term care communities in a handful of states have begun to receive COVID-19 vaccines. To that end, although companies in the seniors housing industry are likely well on their way to preparing for the upcoming vaccinations in their communities, this Special Issue Brief provides some background on the COVID-19 vaccine approvals and an overview of some of the key issues operators should make sure to consider.

To read the full text of this article by Duane Morris attorney Alison T. Rosenblum, please visit the American Seniors Housing Association website.

Small Business Administration Releases New FAQ on Loan Forgiveness Review

On December 9, 2020, the Small Business Administration (SBA) added Question 53 to its Frequently Asked Questions (FAQs) document. The new question provides further insight into the SBA’s Paycheck Protection Program (PPP) loan forgiveness review process, especially for borrowers with PPP loans of at least $2 million and new Forms 3509 and 3510, and expands on the good-faith certification discussed in Question 46.

To read the full text of this Duane Morris Alert, which summarizes the key points from the update to the FAQs, please visit the firm website.

EEOC Updates Guidance on Employer COVID-19 Vaccination Policies

In our December 15, 2020, Alert, we advised that the Equal Employment Opportunity Commission (EEOC) would provide updates to its COVID-19 guidance, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” to address employer rights and responsibilities related to COVID-19 vaccination policies. Right after our Alert was issued, on December 16, 2020, the EEOC updated its COVID-19 guidance with questions and answers for employers who seek to have their employees inoculated against this deadly virus.

To read the full text of this Duane Morris Alert, please visit the firm website.

The Upcoming Firestorm Facing Employers Regarding Vaccines

With the Pfizer-BioNTech COVID-19 vaccine approved for emergency use authorization by the Food and Drug Administration and the CDC and approval of the Moderna COVID-19 vaccine expected imminently, America is seeing light at the end of the very long tunnel that has been the pandemic. Accordingly, many employers have begun to consider whether they should have a mandatory COVID-19 vaccination policy to protect employees and return to some normalcy in the workplace. An employer’s decision to require employee COVID-19 inoculations as a condition of workplace entry raises a number of legal, evidentiary and practical issues.

Update: On December 16, 2020, the Equal Employment Opportunity Commission released guidance on COVID-19 vaccinations, including employer mandates for the vaccine. Duane Morris will cover this development in an Alert to be published soon.

To read the full text of this Duane Morris Alert, please visit the firm website.

Vaccines to Arrive in New Jersey on December 15: Who Will Receive Them First?

As the FDA-approved Pfizer COVID-19 vaccines begin to arrive in New Jersey on December 15, 2020, the burning question on some people’s minds is who will be getting inoculated first?

Per the New Jersey Health Commissioner, vaccines will be distributed to almost anyone who works in the healthcare field. The list of eligible recipients is intentionally broad.

To read the full text of this post by Duane Morris partner Brad Molotsky, please visit the Duane Morris Project Development/Infrastructure/P3 Blog.

 

California’s New Extensive COVID-19 Safety and Health Regulations Include Employer-Required Testing

California has enacted new and detailed emergency safety and health regulations affecting virtually anyone who runs a business, school or other enterprise in the Golden State. California’s Occupational Safety and Health Administration (Cal/OSHA) has issued emergency temporary standards for COVID-19 to clarify employer obligations during the pandemic and to prevent outbreaks. The new standards took effect November 30, 2020, and will remain in effect until May 30, 2021, subject to extension or adoption as a permanent regulation.

To read the full text of this Duane Morris Alert, please visit the firm website.

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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