U.S. District Court Strikes Down Portions of the Department of Labor’s FFCRA Implementing Regulations

On August 3, 2020, a federal court in New York state struck down portions of the regulations implementing the Families First Coronavirus Response Act (“FFCRA”).  In litigation brought by the state of New York against the United States Department of Labor (“DOL”), a U.S. District Court, among other things, substantially narrowed the “health care provider”…

Congress Passes Favorable Amendments to the Payroll Protection Program

The Payroll Protection Program (“PPP”) continues to be revised in ways that are favorable to physician practices and other small businesses.  In May, amidst growing uncertainty about whether businesses that took out loans under the PPP would be subject to second-guessing regarding their certification as to their need for the loans, the SBA and Department…

CMS Restricts Medicare Accelerated and Advance Payment Program

On April 26, 2020, the Centers for Medicare and Medicaid Services (CMS) suspended Medicare’s Advance Payment Program. CMS’s Accelerated and Advance Payment Program (AAPP) provides accelerated or advanced payments to Medicare providers and suppliers during national or public health emergencies.  These expedited payments help provide funding when circumstances disrupt claim submission and claim processing.  Providers…

Contracts and the COVID-19 Pandemic: Force Majeure and Other Considerations

Written By: Steve Lawrence & Miranda Preston In response to the COVID-19 pandemic, federal, state and local governments and health authorities have issued declarations of emergency, proclamations and orders intended to slow the spread of the virus. Many of these actions have resulted in businesses cancelling or postponing events and closing or limiting business operations…