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Update on the Paycheck Protection Program

On March 31, 2020, the Treasury Department and Small Business Administration (SBA) released guidance for prospective borrowers and lenders under the Paycheck Protection Program (the “Program”) created by the Coronavirus Aid,...more

DOL Provides Regulatory Guidance Via Temporary Rule

On April 1, 2020,—the very day the paid leave requirements in the Families First Coronavirus Response Act became effective—the Department of Labor (DOL) provided much-anticipated regulatory guidance. The DOL did so by...more

DOL Continues to Answer Key Questions on the New Paid Leave Requirements

Employers have continued to struggle with questions over how to implement the paid sick leave and paid expanded FMLA requirements of the Families First Coronavirus Response Act (FFCRA), which becomes effective April 1....more

Gov. Bill Lee Issues New Executive Order to Limit Non-Emergency Health Care Procedures

On March 25, Gov. Bill Lee issued the following executive order restricting the provision of all (i) non-emergency dental and oral procedures (like hygiene visits and cosmetic procedures)... ...more

Health Care Providers Can Be Excluded from the New Paid Leave Law, But What About Staff?

As you may know by now, the newly enacted Families First Coronavirus Response Act provides that employers may exclude health care providers and emergency responders from taking newly provided paid sick leave or expanded FMLA...more

Proposed Stimulus Bill Would Provide Critical Small Business Assistance

Early on March 25, 2020, the Administration and Senate Republican and Democrat leaders reached agreement on key terms of the proposed Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). Senate passage is...more

Department of Labor Issues First Guidance Clarifying Families First Coronavirus Response Act, Provides Model Notice

Late yesterday (March 24, 2020), the Department of Labor issued the first of its anticipated guidance concerning the paid leave obligations in the newly enacted Families First Coronavirus Response Act. While the guidance...more

Gov. Bill Lee Enacts Significant Measures for Tennessee Providers to Combat COVID-19 Crisis

Last evening, Gov. Bill Lee issued Executive Order No. 15 which, among other critical actions, sets forth a number of significant health care-related provisions summarized below for the benefit of our health care...more

The Details Employers Need to Know About the Families First Coronavirus Response Act

The newly enacted Families First Coronavirus Response Act fundamentally amends the Family and Medical Leave Act and also enacts the Emergency Paid Sick Leave Act. The basic result of these two new laws is to provide employees...more

Coronavirus Legislation Would Require Employers to Provide Paid Leave

In an attempt to address the effect of the COVID-19 pandemic on the nation’s workforce, the US House of Representatives passed legislation over the weekend addressing the COVID-19 pandemic. This legislation, which the Senate...more

House Significantly Changes Paid Leave Legislation Through "Technical Corrections"

After passing the Families First Coronavirus Response Act early Saturday morning, the House of Representatives sent the bill to the House Clerk for “technical corrections.” The stated purpose was to permit the clerk to...more

You Thought It Was Merely "Boilerplate" — the Coronavirus and the Importance of Force Majeure Clauses

With the international spread of the coronavirus and the impact it is having on the supply chains, production, transport, and workforce of commercial entities, as well as the limitations posed for service providers of all...more

Reminder: Medical Providers Must Be Attentive to Credit Balances and Other Overpayments

It has now been a number of years since the enactment of Section 6402(a) of the Affordable Care Act ("ACA"), which requires among other things that any recipient of a Medicare or Medicaid overpayment report and return it...more

Recent Events Increase the Importance of HIPAA Risk Analyses and HIPAA Policies

Recent events highlight the fact that threats to customer and patient data continue to increase. In recent months, government agencies, news outlets, and others have spent considerable time investigating and reporting on...more

Tennessee Takes Out-of-State Sales Tax into Its Own Hands

Are you an out-of-state retailer doing business in Tennessee? If so, take note. The Tennessee Department of Revenue is proposing a new rule mandating certain out-of-state dealers to collect and remit sales and uses taxes to...more

Caution: Failure to Conduct a HIPAA Risk Analysis Endangers Your Meaningful Use Incentive Payments

Providers participating in the Medicare and Medicaid Electronic Health Record ("EHR") incentive programs should be mindful that failure to comply with the requirements of the Health Insurance Portability and Accountability...more

Protect Your Blindside: Identify All HIPAA Business Associates/Subcontractors

Under the recently enacted Health Information Technology for Economic and Clinical Health (HITECH) Act, and implementing regulations, the definition of the HIPAA term "Business Associate" has been expanded. A "Business...more

Recent HIPAA Settlement Highlights Danger of Failure to Perform Security Risk Assessments, Implement HIPAA Policies and Train...

A recent Health Insurance Portability and Accountability Act ("HIPAA") settlement, which is notable as the first HIPAA settlement with a covered entity for failure to have policies and procedures in place to comply with...more

How to Effectively Manage Conflicts of Interest for Nonprofit Organizations

Effectively managing conflicts has become even more important for nonprofit organizations. Under state law it has historically been necessary for directors and officers to address conflict issues to fulfill their fiduciary...more

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