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NJ Executive Order Permitting the Resumption of Elective Surgeries and Invasive Procedures Effective May, 26, 2020- Significant Requirements Must be Followed

On May 15, 2020, Governor Murphy issued Executive Order No. 145 (“EO-145”), which lifts, subject to certain restrictions, the suspension of elective surgeries and invasive procedures effective May 26, 2020, ending a 60-day suspension imposed by the Governor’s Office through the earlier-issued Executive Order No. 109. “Elective surgery or invasive procedure” is defined to mean “any surgery or invasive procedure that can be delayed without undue risk to the current...

HHS Provider Relief Funds Assist Healthcare Providers During the COVID-19 Crisis

$50 Billion in Total Funding Available, But Significant Compliance Requirements Must be Satisfied In mid-April, you may have seen a significant payment from the Federal government mysteriously land in your provider bank account. With little notice or explanation, the U.S. Department Health and Human Services (“DHHS”) at that time sent a total of $30 Billion in Provider Relief Fund payments to all providers who billed Medicare for services in 2019....

New Guidance from the SBA Concerning Borrower Eligibility Under the CARES Act’s Paycheck Protection Program Highlights Economic Need as a Prerequisite and Offers a “Limited Safe Harbor” to Return Loan Funds for Those Who Do Not Meet this Vague Requirement

By way of Interim Final Rule dated April 24, 2020, the Small Business Administration (“SBA”) issued further agency guidance in connection with borrower eligibility for loans under the CARES Act’s Paycheck Protection Program (“PPP”) (“New Guidance”). In keeping with previous Interim Final Rules, the New Guidance is structured as a series of questions and answers, among which is the following: Do the SBA affiliation rules prohibit a portfolio company of...

Troubling Reimbursement Scheme Impacting Out-of-Network Providers

Reimbursement disputes between healthcare providers and plans/plan sponsors (Payers) involving Out-of-Network (OON) claims have taken a center stage in the healthcare industry as well as in the court system.  Indeed, there has been a series of lawsuits filed by providers such as plastic surgeons and ambulatory surgery centers against self-funded, ERISA-regulated health plans that have either underpaid or failed to pay providers for OON claims.  Critically, Frier Levitt has become...

Toolkit for Healthcare Businesses in Financial Distress

As part of our firm’s commitment to staying abreast of COVID19-related issues affecting our clients, we are continuing to monitor financial relief program requirements and other important topics.  While applying for various forms of aid and loans, we urge you to also consider the variety of other ways to alleviate the financial impact of these extraordinary circumstances.  Examples include: Negotiating with vendors– Consider asking for extended net payment terms, i.e.,...