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Search OptionsInsightsWhen It Rains, It Pours - Nursing Facilities to Face Imminent Survey Activity, Enhanced Enforcement Actions, and Staff Testing Requirements as a Result of COVID-19
Nursing facilities have undoubtedly encountered unique challenges during the ongoing COVID-19 public health crisis. In an effort to protect the vulnerable population receiving care in these facilities, the Centers for Medicare and Medicaid Services… 
In Response to COVID-19, IRS Extends Safe Harbors for Renewable Energy Tax Credit Projects
On May 27th the Treasury Department and IRS issued Notice 2020-41 to address the industry-wide disruptions the COVID-19 pandemic is causing on the supply chain for components needed to complete renewable energy projects eligible to claim the… 
David A. Adams Named Chair of Krieg DeVault's Real Estate and Environmental Practice Group
Krieg DeVault is pleased to announce that Partner David A. Adams has been named as the firm's new Real Estate and Environmental Practice Group Chair. Adams, who joined the firm in March 2019, will now lead the firm’s growing real estate practice… 
Indiana Supreme Court Extends Partial Protection of CARES Act Recovery Rebates
As noted in a prior Alert, in its order issued April 20, 2020, the Indiana Supreme Court exercised its emergency rule-making authority to order that all Indiana trial courts “shall issue no new orders placing a hold on, attaching, or garnishing… 
Indiana Announces the Small Business Restart Fund
On May 29, 2020, Governor Holcomb announced the Small Business Restart Fund (“Grant”) which takes $30,000,000 in federal funding made available through the CARES Act and creates grants for Indiana small businesses. In order to qualify for the Grant,… 
DOL Finalizes Rule Providing Alternative Safe Harbor Method for Electronic Disclosure by ERISA Retirement Plans
On May 21, 2020, the Department of Labor (DOL) published its final rule establishing an alternative safe harbor method of delivery of electronic disclosures by retirement plan administrators. The Alternative Safe Harbor allows employers to post… New Interim Final Rules Provide Further Guidance on PPP Forgiveness
Late in the evening on May 22, 2020, the SBA and Treasury released two new interim final rules (“New IFRs”) for the Paycheck Protection Program (“PPP”) that provide clarity on loan forgiveness and the loan review process and responsibilities. In… 
OSHA's Revised Enforcement Guidance When a Work-Relatedness Determination is Required
The Department of Labor (DOL) is continuously updating its guidance for handling COVID-19. One of the most recent updates came from the DOL’s Occupational Safety and Health Administration (OSHA), which recently revised its enforcement policies for… 
Exceptions to Indiana's Open Door Law and Access to Public Records Act Extended Until June 13, 2020
On March 23, 2020, Governor Holcomb issued Executive Order 20-09 (“Order 20-09”), further easing statutory requirements concerning Indiana’s Open Door Law (“ODL”) and Access to Public Records Act (“APRA”) in response to the COVID-19 pandemic. For… 
Protect Yourself from Anti-Kickback Statute Liability When Donating PPE
The HHS Office of Inspector General (“OIG”) recently updated its COVID-19 FAQ page to clarify its view of donated Personal Protective Equipment (“PPE”) during the COVID-19 public health emergency. Specifically, the OIG clarified that donations to… 
COVID-19 and ESOP Distribution Policies: Dealing with Down Times in an ESOP Company
When preparing this Alert, I recalled a presentation I did in 2008 called “Dealing with Down Times in an ESOP Company.” Well, here we are 12 years later, but the impact of the COVID-19 pandemic on many ESOP companies is even worse than the 2008… 
SBA Forgiveness Application
On Friday, May 15, 2020, the SBA published the Paycheck Protection Program Loan Forgiveness Application (“Application”) and Instructions. To access the Application and instructions please click here. The Application provides much needed guidance on… 
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