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Waller | March 2020

“One ought never to turn one’s back on a threatened danger and try to run away from it. If you do that, you will double the danger. But if you meet it promptly and without flinching, you will reduce the danger by half.” - Winston Churchill As responses to the COVID-19 pandemic have evolved over the course of the first quarter, you and your business have reacted swiftly to ensure the health and safety of your customers, partners and employees ...

Waller | April 2020

The Federal Reserve System (the “Fed”) has recently announced programs intended to help businesses not covered by the loan provisions under the purview of the Small Business Administration, specifically PPP and EIDL loans available under the CARES Act. In order to facilitate lending to larger corporations, the Fed instituted the Primary Market Corporate Credit Facility (“PMCCF”) and the Secondary Market Corporate Credit Facility (“SMCCF”) ...

Waller | April 2020

The COVID-19 pandemic has touched all aspects of both the hemp and marijuana industries and their supply chains, as many other industries have experienced. To provide significant relief for the entire economy, the U.S. federal government passed The Families First Coronavirus Response Act and the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), collectively, the largest aid package ever passed ...

Waller | March 2020

Yesterday, the SEC issued updated guidance regarding public company reporting obligations in light of the coronavirus pandemic (COVID-19) ...

Waller | July 2020

The use of telehealth skyrocketed during the COVID-19 public health emergency, as many regulatory barriers restricting its use were temporarily removed at the federal and state level and by private payors. Providers and patients adapted to the changes and are now relying on these flexibilities to deliver and receive high quality virtual care. This rapid expansion of the use of telehealth has ignited the need for permanent telehealth reform ...

Waller | March 2021

The Corporate Transparency Act (the “Act”) became law on January 1, 2021, as part of the National Defense Authorization Act for Fiscal Year 2021 (Pub. L. 116-283) when the Senate voted to override former President Trump’s veto of that bill. High-net-worth families for whom privacy is a paramount consideration may be concerned that the Act creates a risk of sensitive ownership information being exposed to the wrong persons ...

Waller | March 2020

It is official. The coronavirus is slowing down the sale of beer, or at least the issuance of beer permits. We are going to keep a running list of closures atLast Call. If you know of any that are not on our list, please email me here ...

Waller | March 2020

As we continue to be bombarded daily with the relentless 24/7 news cycle regarding Coronavirus Disease 2019 (COVID-19), the reality is that healthcare employees are currently the most likely to be exposed to the disease in the United States. Accordingly, healthcare employers must start, or continue, to think about the various situations that may arise in the workplace and the multitude of laws that may apply ...

Waller | March 2020

On March 4, the Securities and Exchange Commission (SEC) issued an order providing conditional regulatory relief for certain publicly traded company filing obligations under the federal securities laws, as a result of the challenges created by the spread of the coronavirus (COVID-19) for certain companies that are required to provide information to trading markets, shareholders and the SEC ...

Waller | March 2020

1. Has OSHA developed standards specifically with respect to COVID-19, or coronavirus? At this time, OSHA has not created specific OSHA standards for COVID-19. However, OSHA is carefully monitoring the situation. It has created a centralized website for employers to familiarize themselves with the disease, including its transmission and what can be done to protect employees ...

Waller | March 2020

Soccer matches played to 100,000 empty seats. Marathons with 200 runners in silent streets. Business blocks deserted. Restaurants closed. Those areas hardest hit by coronavirus can look like something out of an apocalyptic movie. And now, just two months after the new type of virus was first identified in China, Coronavirus-2019 (COVID-19) has hit the United States. According to the Centers for Disease Control, coronavirus has been found in over 80 countries and 13 U.S ...

Waller | October 2020

President Trump today signed a continuing resolution that will fund the federal government until December 11, 2020. The continuing resolution (the “CR”) also grants relief to the providers and suppliers that were preparing to repay the Medicare accelerated or advance payments they received in response to the COVID-19 pandemic ...

Waller | February 2018

In vacating a jury’s award of almost $54 million based on a finding of willful trademark and trade dress infringement, an Illinois federal district court granted the defendants’ motion for a new trial, finding the trial “fundamentally unfair due to the admission of unreliable and prejudicial expert testimony.” The Black & Decker Corporation et al v. Positec USA Inc.,No. 1:2011cv05426 (N.D. Ill. Sept. 11, 2017) ...

Waller | April 2021

Recently, the Consumer Financial Protection Bureau (CFPB) rescinded seven policy statements issued during 2020 that provided temporary relief for financial institutions in consumer financial markets including mortgages, credit reporting, credit cards and prepaid cards ...

Waller | March 2020

Businesses who are covered by the CARES Act and who are planning to make large-scale layoffs this week might consider pressing pause. The Senate is presently debating the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act), originally introduced late on March 19, 2020 ...

Waller | March 2020

The U.S. Treasury Department, Internal Revenue Service (IRS), and the U.S. Department of Labor (DOL) have announced aplanto implement the Families First Coronavirus Response Act (the Act) ...

Waller | December 2015

Many healthcare boards believe that they have satisfied the 501(r) community health needs assessment (CHNA) requirements by completing their organization’s CHNA report and adopting an implementation strategy. After doing that, the board may feel ready to focus on other pressing issues until the next three-year CHNA deadline ...

Waller | March 2019

In December 2018, Part I of this column was based on the Proposed 199A Regulations1 and included the applicable definitions and the basic concepts and mechanics of the 199A 20% deduction of Qualified Business Income (“QBI”) up to the 20% of the excess of the taxpayer’s taxable income over the taxpayer’s net capital gain ...

Waller | March 2020

Just 24 hours after the President signed the CARES Act into law, the Centers for Medicare & Medicaid Services (CMS) expanded the scope of its Accelerated and Advance Payment Program to include additional Part A providers and Part B suppliers. CMS outlined the program expansion in a fact sheet. The accelerated payments are intended to provide immediate cash flow relief to providers and suppliers focused on treating the flood of COVID patients ...

Waller | April 2020

The COVID-19 crisis has increased the need for behavioral services and has also led to some opportunities for providers ...

Waller | April 2020

On April 19, 2020, the Centers for Medicare and Medicaid Services (CMS) published guidance (the “CMS Guidance”) for reopening facilities to provide elective procedures or “non-emergent, non-COVID-19 healthcare ...

Waller | April 2020

The Centers for Medicare & Medicaid Services hasrecently announced an unprecedented “Hospitals Without Walls” program to aid in the fight against COVID-19. The goal of this program is to ensure that local hospitals and health systems have the capacity to handle a potential surge of COVID-19 patients through temporary expansion sites including other, non-affiliated healthcare providers and even unlicensed locations such as community centers and schools ...

Waller | February 2012

The Stage 2 Meaningful Use requirements proposed last week by CMS as part of the Medicare and Medicaid incentive programs to expand the use of Electronic Health Record (EHRs) maintain the same core and menu structure as the Stage 1 criteria. The proposed rule, however, gives providers an additional year, until 2014, to implement Stage 2 criteria ...

Waller | February 2012

Only two days after the government’s announcement that it recovered a record-breaking $4.1 billion from its healthcare fraud enforcement efforts in 2011, the Centers for Medicare and Medicaid Services (CMS) published a draft regulation in today’s Federal Register implementing the Affordable Care Act’s (ACA) 60-day overpayment report and return provision ...

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