News & Analysis as of

Safe Harbors Coronavirus/COVID-19

Stevens & Lee

New Stark Law Exception and Anti-Kickback Statute Safe Harbor Aim to Combat Physician Burnout

Stevens & Lee on

Health care professionals have faced increasing burnout and mental health issues in the wake of the COVID-19 pandemic. In an effort to address these rising issues, Congress passed the Dr. Lorna Breen Health Care Provider...more

Holland & Knight LLP

IRS Clarifies HDHP Coverage of COVID-19 Testing, Treatment Before Deductible

Holland & Knight LLP on

The IRS recently issued Notice 2023-37 (Notice) relating to pre-deductible coverage of COVID-19 testing and treatment under high-deductible health plans (HDHPs). Specifically, the Notice establishes a 2024 expiration date for...more

ArentFox Schiff

Physician Wellness Programs: A New Stark Law Exception and AKS Safe Harbor to Combat Burnout

ArentFox Schiff on

The recently passed Consolidated Appropriations Act (CAA) of 2023 includes a new Stark Law exception and Anti-Kickback Statute (AKS) safe harbor, allowing hospitals and other health care entities to offer their physicians...more

Womble Bond Dickinson

Current Trends and Real-World Best Practices in Healthcare Fraud Compliance

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Recently, Womble Bond Dickinson held its First Annual Health Care Fraud Symposium, a webinar designed to discuss critical healthcare fraud topics. WBD Partner Joe Whitley moderated a discussion with WBD attorneys Luke Cass,...more

McDermott Will & Emery

Omnibus Bill Extends Medicare Telehealth Flexibilities and HDHP Telehealth Safe Harbor

McDermott Will & Emery on

On December 23, 2022, US Congress approved a year-end omnibus legislative package, Consolidated Appropriations Act, 2023 (CAA 2023), which consists of all 12 fiscal year 2023 appropriations bills and numerous other...more

Bradley Arant Boult Cummings LLP

Happy Thanksgiving and the Many Things for Which We Are Thankful – 2022 Edition

This year brought substantial progress in the way of slightly fewer positive COVID-19 cases and/or transmissions and increased vaccinations. Consequently, in the employment world many of you reopened your offices and invited...more

Jenner & Block

Recent Developments in Bankruptcy Law Update - July 2022

Jenner & Block on

Covered Activities - 1.1.a Order granting counterclaim declaring validity of mortgage on the debtor’s property does not violate the stay. The debtor acquired property subject to a disputed mortgage. The debtor brought a...more

Proskauer Rose LLP

Health Care - The Evolving Site of Service

Proskauer Rose LLP on

Over the past decade, health care has evolved both in how it is accessed and administered. Whereas care was once accessible only in hospitals and physician offices, today health care sites of service have shifted to include a...more

Alston & Bird

Testing for COVID and Your Kits for Free: Expanded Coverage of OTC COVID-19 Test Kits and Developments in Preventive Care

Alston & Bird on

Have questions about the new Frequently Asked Questions for group health plans’ coverage of over-the-counter COVID-19 test kits? ...more

Stinson - Benefits Notes Blog

Agencies Issue Additional Guidance Regarding Over-the-Counter COVID-19 Test Coverage

As indicated in our January 11, 2022 blog post and alert, the Department of Labor, the Department of Health and Human Services, and the Treasury (the “Agencies”) issued FAQs Part 51 on January 10, 2022, requiring group health...more

Proskauer - Employee Benefits & Executive...

There’s More! Tri-Agencies Provide Clarifying Guidance on Group Health Plan Coverage of Over-the-Counter At-Home COVID-19 Tests

A few short weeks ago we told you in a blog post that, with only four days’ notice, the Departments of Labor, Treasury, and HHS (the Departments) required that, starting January 15, 2022, group health plans cover FDA-approved...more

Snell & Wilmer

Group Health Plans Must Provide Free Over-the-Counter COVID-19 Tests Effective January 15, 2022 – Six Takeaways

Snell & Wilmer on

On January 10, 2022 the Departments of Labor, Health and Human Services, and Treasury (collectively the “Departments”) issued Affordable Care Act FAQs Part 51 which addresses, in relevant part, payment for over-the-counter...more

Obermayer Rebmann Maxwell & Hippel LLP

IRS Helps Taxpayers Avoid Tax Penalties Caused by Retroactive Termination Of Employee Retention Credit

The Employee Retention Credit (the “ERC”) was created by the CARES Act to encourage businesses to retain employees on their payroll by providing a refundable tax credit equal to 50% of qualified wages. This credit was...more

Jackson Lewis P.C.

Money Money Money: How Much Can The Health Plan Surcharge On Unvaccinated Employees Be?

Jackson Lewis P.C. on

In light of the lingering COVID-19 pandemic and its impact on employee productivity and health care expenses, employers are considering imposing a premium surcharge on employees participating in the company’s health plan who...more

Woods Rogers

Recent Changes to Virginia’s Final Permanent Standard for COVID-19

Woods Rogers on

Virginia employers face additional hurdles as the Safety and Health Codes Board, a subset of the Virginia Department of Labor & Industry, and Governor Northam finished their months-long public review of January’s Final...more

Buckingham, Doolittle & Burroughs, LLC

Out-of-State Remote Workers may Create Substantial Nexus as COVID-19 Protections Expire

In response to the COVID-19 pandemic, as work-from-home became the norm, many states provided safe harbors such that remote workers teleworking in the state would not create nexus for corporate income tax and sales / use tax...more

Morrison & Foerster LLP

Window Widens For Completing Construction On Renewable Energy Projects

Good news came for renewable energy developers on June 29, 2021, when the IRS issued Notice 2021-41. The notice gives developers more time to finish projects and makes it easier to prove that they began construction on a...more

Foley & Lardner LLP

IRS Further Extends Continuity Safe Harbor for ITC, PTC Projects

Foley & Lardner LLP on

On June 29th, the IRS released Notice 2021-41 (which may be found here), which retroactively extends the Continuity Safe Harbor to six years. This follows the release of Notice 2020-41 (discussed here) on May 27, 2020, which...more

Tonkon Torp LLP

Oregon’s Latest Residential Eviction Relief Bill Hopefully Will Be The Last

Tonkon Torp LLP on

The long saga of the COVID-19 residential eviction moratorium in Oregon continues with the recent passage of Senate Bill 278, but there are indications that this may be the end of the road...more

Holland & Knight LLP

Religious Institutions Update: June 2021

Holland & Knight LLP on

Blanket Limitation on Private Home Gatherings to 3 Households Overturned In Tandon v. Newsom, 141 S.Ct. 1294 (2021) (per curiam), the U.S. Supreme Court enjoined pending appeal California's imposition of a blanket limitation...more

Schwabe, Williamson & Wyatt PC

What to Know about the Paycheck Protection Program, Round Two – First Draw PPP Loans - Update #4

Unpacking the Economic Aid Act and American Rescue Plan Act: Consolidated First Draw PPP Interim Final Rule, New First Draw PPP Loans, and Increases to First Draw PPP Loans - On January 6, 2021, the Small Business...more

Schwabe, Williamson & Wyatt PC

10 Things to Know about Second Draw PPP Loans as Updated for the Economic Aid Act and the ARP Act - Update #5

On January 6, 2021, the Small Business Administration (the “SBA”) and the Department of Treasury released an Interim Final Rule called “Business Loan Program Temporary Changes; Paycheck Protection Second Draw Loans” (“Second...more

Eversheds Sutherland (US) LLP

No harm, no foul: IRS guidance provides path to claim PPP-related deductions for taxpayers who followed its earlier - but now...

The Internal Revenue Service (IRS) recently issued Revenue Procedure 2021-20 (Revenue Procedure), providing guidance for taxpayers who received Paycheck Protection Program (PPP) loans in 2020 but did not deduct all of their...more

Haynsworth Sinkler Boyd, P.A.

South Carolina Enacts COVID-19 Liability Safe Harbor Act

On Wednesday, April 28, 2021, Governor McMaster signed into law the COVID-19 Liability Safe Harbor Act. South Carolina became the 23rd state to pass similar legislation and many others are considering it. We have previously...more

McDermott Will & Emery

Weekly IRS Roundup April 19 – April 23, 2021

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Presented below is our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of April 19, 2021 – April 23, 2021... April 19, 2021: The IRS issued a news release announcing the...more

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