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The events since March of 2020 filled us all with anxiety, uncertainty, and longing for a sense of normalcy in our lives and businesses.  Please know that RHSB is here to provide support as you navigate this complicated and ever-changing situation.  As our clients and valued partners, we will continue to provide you with the same level of service and responsiveness that you come to expect.

Our associates within our organization have returned to a combination of working from the office and remotely from home. Our crisis team is continually monitoring COVID-19 (Coronavirus) developments to mitigate any potential business interruption.

While the way in which we work together (through virtual meeting tools) may be different, our goal remains to work in partnership to support your needs.  Please reach out to your RHSB team with questions, and we look forward to working with you during these unprecedented times.

We have prepared some resources for you:

COVID-19 LEGISLATIVE UPDATES – BUSINESS CONTINUITY  updated 7.10.2020     MAY UPDATES     APRIL UPDATES      MARCH UPDATES 

TAKING INVENTORY of INSURANCE COVERAGE       CONSIDERATIONS for RISK MANAGEMENT       TRAVEL RISK MANAGEMENT CONSIDERATIONS

These communications are for informational purposes only. Although every reasonable effort is made to present current and accurate information, RHSB makes no guarantees of any kind and cannot be held liable for any outdated or incorrect information. Please consult with outside counsel before implementing any policy or procedure.

Additional Resources:

Property Insurance Coverage Issues Associated with COVID-19this article discusses how courts have analyzed and applied first-party property policies for these types of non-physical losses, potential coverage under a civil authority provision, and pollution/contamination exclusions. (source: Cozen O’Conner)

Business Interrupted by COVID-19? Check Your Insurance Polcicy for Lost Business Income Coverage This alert that discusses the availability of insurance coverage for lost business income due to COVID-19 and encourages clients to review their various policies to determine whether they have any coverage to recoup lost income caused by closure of or limits to operations. (source: Gray Reed)

COVID-19: What are your Rights Under a Contract if You are Damaged or Blamed for the Damage?  This article outlines some of your contractual rights and obligations. The article was drafted by Gray Reed’s COVID-19 Task Force, which is strategically comprised of litigators and transnational attorneys involved with a wide array of industries. 

Federal Activity

Senate Passes Coronavirus Aid, Relief, and Economic Security Act ‘‘CARES Act” Coronavirus Aid, Relief, and Economic Security Act” (the CARES Act)  – estimated $2+ trillion price tag includes extraordinary public health spending to confront the COVID-19 pandemic; immediate cash relief for individual citizens; a broad lending program for small business; and, targeted relief for hard-hit industries. (source: Steptoe & Johnson)

CARES Act Comparison of Selected Tax Provision (Source: Huselton, Morgan & Maultsby, PC)

Coronavirus Emergency Loans Small Business Guide and Checklist (source: US Chamber of Commerce)

Paycheck Protection Program Summary June 17 PPP WebinarSlide Deck (source: Steptoe & Johnson)

Paycheck Protection Program Loan Forgiveness Application The Small Business Administration and the Department of Treasury released the Paycheck Protection Program Loan Forgiveness Application.  The Application package consists of two pages to submit to the and nine pages of supporting schedules and instructions. Application and Comments by CPA – HM&M

Paycheck Protection Loan Program Updated FAQs  June 25  (Source: Small Business Administration (SBA) & Department of the Treasury)

Overview of the SBA Paycheck Protection Program June 5 – Analysis of PPP Flexibility Act of 2020 enacted on June 5th (Source: Steptoe)

Revisions to the Third and Sixth Interim Final Rules June 17 – revised rules on how the loans can be forgiven (Department of Treasury)

Paycheck Protection Program Loan Forgiveness Legislation Summary June 3 (Source: Huselton, Morgan & Maultsby)

Federal Reserve Launches Main Street Lending Program – The Program is designed to support small and mid-sized businesses that were in good financial standing before the crisis by offering four-year loans to companies (i) employing up to 10,000 workers or (ii) with revenues of less than $2.5 billion. Under the Program, principal and interest payments will be deferred for one year.

Understanding the Main Street Lending Program June 16 (Source: Steptoe)

Economic Injury Disaster Loan Program (EIDL) (Source: HM&M)

US Financial Regulatory Agency Action on COVID-19 May 28 (Source: Steptoe)

Families First Coronavirus Response Act  Legislation that provides paid leave for millions of Americans dealing with the coronavirus. This legislation requires applicable employers to provide paid sick leave benefits to their employees and significantly expands the Family Medical and Leave Act. This practical summary is intended to help all employers understand the obligations and benefits required under this new Act.

DOL Families First Coronavirus Response Act: Employer Paid Leave Requirements  Questions & Answers   Guidance & Relief for Employee Benefit Plans

Updated information on Guidance & Relief for Employee Benefit Plans – This notice provides guidance on the duration of the COVID-19-related relief provided by Employee Benefits Security Administration (EBSA) Disaster Relief Notice 2020-01 (“Notice 2020-01”) and the Notice of Extension of Certain Timeframes for Employee Benefit Plans, Participants, and Beneficiaries Affected by the COVID–19 Outbreak (“Joint Notice”) issued by the Department of Labor, the Department of the Treasury, and the Internal Revenue Service (IRS) (collectively “Agencies”).

COVID-19 Health Insurance Federal Legislation Tracker Includes legislation for coronavirus-related health insurance (Source: Steptoe, updated October 15)

Federal Single Payer & Public Option Legislation (Source: Steptoe, updated January 6, 2022) Brief summaries of active federal legislation containing single-payer, public option, or “buy-in” healthcare proposals.

  • “Single-Payer” legislation (e.g., Medicare for All) – establishes one government-administered health plan to replace or phase out current sources of public and private coverage.
  • “Buy-In” or “Public Option” legislation – leverages existing government-run programs to offer an additional coverage option to consumers (sometimes a target population-based, for example, on age or income) that would typically be sold alongside existing coverage options. 

Federal Healthcare Reform Tracker (Source: Steptoe, updated January 4, 2022)  Reform bills as they are introduced in the 117th Congress – Includes legislation on the Cadillac Tax, Wellness, HSAs, mandate reform/alternatives, antitrust, interstate sales, Stop-Loss, Essential health benefits, Balance Billing, ACA market reforms, AHPs, Section 1332 waivers and more.

Federal Drug Pricing Transparency Tracker (Source: Steptoe, updated June 14, 2022) Includes updates on legislation on the following: Drug Pricing Transparency, Prescription Drug Importation, Price Gouging, PBM Transparency, and miscellaneous legislation.

State Activity

Texas Department of Insurance Commissioner’s Bulleting #B0025-20 Re: Extensions of prior authorizations

Texas Department of Insurance Commissioner’s Bulletin # B-0007-20 Re: COVID-19: Claim-handling deadlines and premium payments

TDI extends emergency rule on medication refills The Texas Department of Insurance (TDI) has extended an emergency rule to make it easier for Texans with TDI-regulated health insurance to get refills and to get prescriptions at more locations, including by home delivery.

Health + Benefit Resources

The medical and ancillary carriers are waiving certain rules and requirements in order to allow employees who were furloughed or were given a reduction in hours the opportunity to remain active on their plan(s) for an extended period of time.  Some are also allowing special enrollment periods for those who previously waived coverage.  Others are allowing additional grace periods for premium payments.  Please contact your Employee Benefits Account Manager or Consultant for information regarding how your carrier is responding to these issues.

Health Insurance Providers Respond to Coronavirus – Many are now waiving member costs related to treatment for the novel coronavirus

What we can expect after the pandemic subsides related to Employee Benefits

RHSB COVID-19 News Update – Surprise-Billing and FSA Legislation –  12/21/2020 Congress passes a $1.4 trillion stimulus package and omnibus bill including legislation to end surprise-billing and provide flexibility to 2020 FSA’s. (President must still sign into law)

Federal Single Payer & Public Option Legislation (Source: Steptoe, updated January 6, 2022) Brief summaries of active federal legislation containing single-payer, public option, or “buy-in” healthcare proposals.

  • “Single-Payer” legislation (e.g., Medicare for All) – establishes one government-administered health plan to replace or phase out current sources of public and private coverage.
  • “Buy-In” or “Public Option” legislation – leverages existing government-run programs to offer an additional coverage option to consumers (sometimes a target population-based, for example, on age or income) that would typically be sold alongside existing coverage options. 

Federal Healthcare Reform Tracker (Source: Steptoe, updated January 4, 2022)  Reform bills as they are introduced in the 117th Congress – Includes legislation on the Cadillac Tax, Wellness, HSAs, mandate reform/alternatives, antitrust, interstate sales, Stop-Loss, Essential health benefits, Balance Billing, ACA market reforms, AHPs, Section 1332 waivers and more.

Federal Drug Pricing Transparency Tracker (Source: Steptoe, updated June 14, 2022) Includes updates on legislation on the following: Drug Pricing Transparency, Prescription Drug Importation, Price Gouging, PBM Transparency, and miscellaneous legislation.

When Employers Must Report COVID-19 Hospitalizations and Fatalities
Reporting Hospitalizations – OSHA requires employers to report in-patient hospitalizations only if the hospitalization occurs within 24 hours of an exposure to COVID-19 in the workplace. As a result, employers must report COVID-19 hospitalizations only if the hospitalizations are: For in-patient treatment; and The result of a work-related case of COVID-19. The report must be submitted within 24 hours of the time the employer determines there was an in-patient hospitalization caused by a COVID-19 case. Hospitalization for diagnostic testing or observation only is not “in-patient” hospitalization.
Reporting Fatalities – OSHA requires employers to report fatalities that occur within 30 days of an exposure to SARS-CoV-2 in the workplace. Fatality reports must be submitted within eight hours of the time the employer learns that the fatality took place and that it was due to a work-related exposure.

Employers can review their COVID-19 recording requirements on OSHA’s website 

Compliance Resources

OSHA Updates Coronavirus Safety Enforcement Policies OSHA announced its revised policies for COVID-19-related enforcement May 19, 2020 / OSHA’s revised enforcement policies become effective May 26, 2020

NAHU COVID-19 Relief Requests Granted some concessions the DOL is making in terms of waiving penalties due to failure to get notices and forms out in a timely manner due to COVID

COVID-19 Health Insurance Federal Legislation Tracker (Source: Steptoe, updated September 3)

EEOC Employer Guidance on Coronavirus and the ADA – updated September 23

Coronavirus Bill Requiring Paid Employee Leave Signed Into Law – updated 3/19/2020 *

Health Plans Must Provide Free Coronavirus (COVID-19) Testing – updated 3/18/2020 *

Coronavirus and the Workplace – Compliance Issues for Employers *

DOL FAQs: COVID-19 and the Fair Labor Standards Act*

FAQs on Essential Health Benefit Coverage and Coronavirus *

Zywave COVID-19 Resources Center – Compliance Resources *

Benefit Comply: EB Information for Employers **

Surprise Billing Practices Disrupted For Good?
The Department of Health & Human Services (HHS) included surprise billing language in its emergency funding terms and conditions that could disrupt the longtime practice of balance billing. Federal officials offering funding to hospitals, clinics and doctors’ practices have included this stipulation: They cannot surprise bill COVID-19 patients. But within eligibility language laid out by HHS is language that could carry much broader implications. It says “HHS broadly views every patient as a possible case of COVID-19,” the guidance states.

TDI extends emergency rule on medication refills The Texas Department of Insurance (TDI) has extended an emergency rule to make it easier for Texans with TDI-regulated health insurance to get refills and to get prescriptions at more locations, including by home delivery.

Sources: 

* provided by Zywave

** provided by Benefit Comply

Operational Resources

Business Continuity

When Business Threats are Contagious: 10 Answers for Employers Navigating the Coronavirus (ThinkHR)

Eight steps for designing a coronavirus crisis management plan (Compliance Week)

Respond, Manage and Prepare for the Impact of Coronavirus (Gartner)

COVID-19: Implications for business (McKinsey)

Business Continuity Management: Pandemic Planning Briefing (60 minutes(Gartner)
Learn 10 steps for pandemic preparedness, crisis management solutions, the power of data and analytics and how technology plays a critical role for business success in this new environment.

Transitioning to Working from Home

How to Actually Work…When You’re Working from Home – video (Harvard Business Review)

7 ways to make working from home easier during the coronavirus pandemic (Fortune)
Need help navigating the work/life balance issues and figuring out how best to get your job done? Here are some ways to make it easier.

5 Do’s and Don’ts of Working Remotely(2 min) (Inc. Magazine)
There’s a lot more to working from home effectively than just waking up and turning on your laptop.

Real-time internet problem & outage monitoring (Down Detector)

Lessons for Effective Virtual Teamwork (5 minutes)

12 Tips For Making Your Virtual Meetings More Professional(Forbes)
Practical tips on how you can create a memorable and professional personal brand when you’re “meeting” someone virtually.

Best Practices for Managing Virtual Teams and Meetings (Center for Creative Leadership)
Teams need a strategy for communicating digitally, and leaders must adapt to effectively manage their people and meetings remotely.

Checklist for Creating Virtual Meetings (Medium)
Creating great virtual meetings requires much of the same thoughtful pre-work you need for a great in-person meeting with some additional details. This checklist is focused on virtual meetings of any size or format.

3 Communication Tips for Virtual Teams (CMOE)
Here are three important rules for communication to ensure virtual teams are highly productive and focused on accomplishing their goals and building a healthy team culture.

Cyber-security for Employees

Spotting Coronavirus-Related Phishing Emails (RIMS)
Amid widespread public concern and constantly evolving news about the COVID-19 pandemic, cyber-criminals are finding new fodder for phishing campaigns.

Beware the Coronavirus Email Scams (National Law Review)
Companies should include information about cyber hygiene along with the CDC recommendations of hand washing, particularly given the potential for increased remote access to corporate IT systems.

Internet Security Basics – 5 Lessons for Protecting Yourself Online (6 min)(Varonis)
Learn the basics of internet security and how to stay secure.

Coronavirus Scams Continue – Be Aware (Steve Anderson)

Coronavirus phishing emails: How to protect against COVID-19 scams  (Norton) 

Leading Through a Crisis

Resources

Recent study “Edelman Trust Barometer on COVID-19 revealed the essential role of the Employer. The most credible source of information comes from employer communications, and 54% of employees want employers to update them about the virus every day.  Edelman

Leading Remote Workers: The Coronavirus’ Impact On Crisis Management (Forbes)

Lead Your Business Through the Coronavirus Crisis and Communicating Through the Coronavirus Crisis (Harvard Business Review)

Leadership, Resilience, and the COVID-19 Outbreak (BCG)

Mental Health

Mental Health Resilience during COVID-19 (15 minutes) (Source: International SOS)

Resources

Recent study “Edelman Trust Barometer on COVID-19 revealed the essential role of the Employer. The most credible source of information comes from employer communications, and 54% of employees want employers to update them about the virus every day.  Edelman

Leading Remote Workers: The Coronavirus’ Impact On Crisis Management (Forbes)

From the Centers for Disease Control and Prevention (CDC)

Mental Health in the Workplace

Mental Health and Coping During COVID-19

Managing Anxiety & Stress

From the World Health Organization (WHO)

Mental Health Considerations during COVID-19 Outbreak

From International SOS

Top Tips for Building Mental Health Resilience during COVID-19

Other Resources

General Resources

Videos, online Training & Travel Updates

World Health Organization

CDC logo

COVID-19 Resources

Centers for Disease Control (CDC)

CORONAVIRUS Resource Center

Johns Hopkins University

Some information from the following sources:
The Council of Insurance Agents & Brokers
The Big i (Independent Insurance Agents of America)