COVID-19: PA Insurance Department Warns of Risks, Increased Liability and Lack of Insurance Coverage due to Non-Compliance of Business Closure Orders

Earlier today on May 11th, PA Insurance Commissioner Jessica Altman reminded businesses of the importance of complying with Governor Tom Wolf and Department of Health Secretary Rachel Levine’s orders – for counties in both the red and yellow phases.

In addition to the critical public health objectives, Commissioner Altman warned non-compliant businesses defying the governor and secretary’s business closure orders that many insurance policies contain provisions that exclude coverage for businesses or individuals engaging in illegal acts or conduct. These exclusions may apply to property coverage, liability coverage, advertising injury coverage, and a host of other essential coverages.

“Businesses and residents rely on insurance coverage to protect them from liability, pay for covered losses, and compensate those who may be injured or harmed,” said Altman. “It is the duty of every business and resident in Pennsylvania to ensure that they and the public at large are provided with the maximum level of protection afforded by insurance. Any actions that could potentially create coverage gaps are the antitheses of the civil duty required of all residents during these times of emergency.”

This reminder was offered to all Pennsylvania businesses and residents, regardless of in what county they reside.

Comments were also directed at restaurants and their liquor licenses – reminding PA restaurant owners that restaurants that reopen for dine-in service in counties that have not been authorized to reopen will be at risk of losing their liquor license.

Duane Morris has created a COVID-19 Strategy Team to help organizations plan, respond to and address this fast-moving situation. Contact your Duane Morris attorney for more information. Prior Alerts on the topic are available on the team’s webpage.

For Further Information:

If you have any questions about this post, please contact Brad A. Molotsky, Dominica Anderson, Eve Klein, Elizabeth Mincer or the attorney in the firm with whom you are regularly in contact.

Be well and stay safe!

COVID-19: PA announces Emergency Assistance Program (“EAP”) for lower income families

Department of Human Services (DHS) Secretary Teresa Miller today announced on May 8, 2020, an Emergency Assistance Program (EAP) to help low-income families who lost wages experiencing financial challenges due to the COVID-19 pandemic. Families who qualify will be eligible for a one-time payment to assist them in meeting basic needs and help them secure more stable financial footing in the future.

The program will use existing Temporary Assistance for Needy Families (TANF) funds to provide support to low-income families who qualify. The program will be open to families with a child under the age of 18 or a woman who is currently pregnant.

In order to qualify, families must have at least one person in the household who was employed as of March 11, 2020 and experienced an hour or wage reduction of at least 50 percent for two weeks or more or lost employment entirely due to the public health crisis.

Families must meet income limits of 150 percent of the Federal Poverty Guidelines and have no more than $1,000 in a savings or checking account.

Household               Monthly Income                Annual Income Limit
1                                           $1,595                                            $19,140
2                                           $2,155                                            $25,860
3                                           $2,715                                            $32,580
4                                           $3,275                                            $39,300
5                                           $3,835                                            $46,020
6                                           $4,395                                            $52,740
7                                           $4,955                                            $59,460
8                                           $5,515                                            $66,180
9                                          $6,075                                             $72,900
10                                        $6,635                                             $79,620
Each + Person                    $560                                               $6,720

Qualifying families will be issued a one-time grant equal to two months of TANF benefits. The average monthly TANF grant for a family of three is $403, so a qualifying family of three would receive a one-time grant of $806 through the program. Information on monthly grants by household size and county is available online here. Funds will be issued through an electronic benefit transfer (EBT) card.

The emergency assistance application is available online at www.compass.state.pa.us. Families should be prepared to submit all necessary documentation with their application to expedite processing and avoid having to apply again. Applications will be accepted beginning Monday, May 11 through June 12 or until all funds are expended.

Secretary Miller also provided an update on the number of public assistance applications received by DHS. Applications are generally down from where they were before County Assistance Offices began to close in Pennsylvania. Applications did begin to increase to pre-closure levels towards the second half of April but are declining again.

Pennsylvanians can apply for Medicaid, the EAP, the Supplemental Nutrition Assistance Program (SNAP), the Children’s Health Insurance Program (CHIP), and other public assistance programs at any time through DHS’ online COMPASS application at www.compass.state.pa.us.

Those who prefer to submit paper applications can mail documents to their local County Assistance Office (CAO) or leave documents in a CAO’s secure drop box, if available. CAOs are still closed to the public, but mail and drop boxes are being monitored so applications can be processed.

Visit pa.gov for a “Responding to COVID-19” guide or the Pennsylvania Department of Health’s dedicated Coronavirus webpage for the most up-to-date information regarding COVID-19.

Duane Morris has created a COVID-19 Strategy Team to help organizations plan, respond to and address this fast-moving situation. Contact your Duane Morris attorney for more information. Prior Alerts on the topic are available on the team’s webpage.

For Further Information:

If you have any questions about this post, please contact Brad A. Molotsky, Sharon Caffrey, Eve Klein, Elizabeth Mincer or the attorney in the firm with whom you are regularly in contact.

Be well and stay safe!

COVID-19: PA Outlines Plans to Create a Commonwealth Civilian Coronavirus Corps (“CCCC”)

As Pennsylvania plans to safely reopen the economy and recover from COVID-19, Governor Tom Wolf announced the creation of the Commonwealth Civilian Coronavirus Corps (“CCCC”), a public service initiative that will support efforts this fall to increase testing and contact tracing and provide critical new job opportunities in the public health sector.

Per Governor Wolf, “the CCCC will serve as a public service program that will expand our ability to conduct contact tracing and testing and mobilize Pennsylvanians to contain COVID-19.”

The Wolf Administration’s continued efforts to reopen Pennsylvania will, in its own words, depend on its ability to expand the availability of COVID-19 testing and develop a robust infrastructure to conduct surveillance and contact tracing. This work will allow Pennsylvanians to effectively monitor and respond to new cases and quantify mitigation efforts.

As PA plans to ramp up these efforts in the coming months, the CCCC would help bring these efforts to fruition by:

• Partnering with local public health agencies, community organizations, and the nonprofit community to expand Pennsylvania’s existing testing and contract tracing initiatives;

• Leveraging additional resources to fund testing and contact tracing initiatives;

• Exploring creative ways to recruit experienced Pennsylvanians with health care and public health experience to support this initiative; and

• Coordinating existing resources deployed by the commonwealth, including community health nurses and county health departments who are currently conducting testing and contact tracing throughout the state.

The CCCC is also hoped to provide for a unique opportunity for PA to recruit and train COVID-19-impacted dislocated and unemployed workers into public service for contact tracing roles, which would address Pennsylvania’s health and economic needs.

To foster this new workforce, the CCCC would:

• Engage partners in the workforce development system, existing allied health training programs, and AmeriCorps programs to build and strengthen a public health workforce across the commonwealth;

• Leverage existing workforce development resources to recruit, train, and connect the public health workforce with employment opportunities; and

• Engage public health and health care employers to connect trained workers with long-term career opportunities.

According to Governor Wolf said. “Through this public service initiative, Pennsylvanians will have opportunities in the months ahead to join a collective effort to ensure that we emerge from this pandemic a stronger Commonwealth.”

Duane Morris has created a COVID-19 Strategy Team to help organizations plan, respond to and address this fast-moving situation. Contact your Duane Morris attorney for more information. Prior Alerts on the topic are available on the team’s webpage.

For Further Information:

If you have any questions about this post, please contact Brad A. Molotsky, Eve Klein, Sharon Caffrey, Sandra Stoneman or the attorney in the firm with whom you are regularly in contact.

Be well and stay safe!

COVID-19: PA Announces Methodology for Phased Re-Opening Approach (50 new cases per 100,000 of population for 14 days)

Governor Wolf elaborated on the PA Department of Health metrics for Re-Opening and included an example to aid in calculation.

A target goal for reopening has been set at having fewer than 50 new confirmed cases per 100,000 population reported to the department in the previous 14 days. So, for example, an area with a population of 800,000 people would need to have fewer than 400 new confirmed cases reported in the past 14 days to meet the target. An assessment will determine if the target goal has been met. The administration will work closely with county and local governments to enable the communities to reopen and transition back to work.

The target data goal is not the only metric to be met before reopening a region. Additionally, the Commonwealth is also focusing on ensuring that there is:

• Testing – Enough testing available for individuals with symptoms and target populations such as those at high risk, health care personnel and first responders.

• Case Investigation – Robust case investigation and contact tracing infrastructure in place to facilitate early identification of cluster outbreaks and to issue proper isolation and quarantine orders.

• Safeguards – Identification of an area’s high-risk settings including correctional institutions, personal care homes, skilled nursing facilities and other congregate care settings, and assurance that facilities have adequate safeguards in place such as staff training, employee screening, visitor procedures and screening and adequate supplies of PPE to support continued operations.

PA will be relying on a modeling dashboard under development and evaluation by Carnegie Mellon University to take a regional and sector-based approach to re-openings, the easing of restrictions and public health response.

The full PA plan is available here: https://www.governor.pa.gov/process-to-reopen-pennsylvania

Duane Morris has created a COVID-19 Strategy Team to help organizations plan, respond to and address this fast-moving situation. Contact your Duane Morris attorney for more information. Prior Alerts on the topic are available on the team’s webpage.

For Further Information:

If you have any questions about this post, please contact Brad A. Molotsky, Eve Klein, Elizabeth Mincer, Matt LoBello or the attorney in the firm with whom you are regularly in contact.

Be well and stay safe!

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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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