The D.C. Circuit Court of Appeals has rejected the petitions of numerous states and industry groups that challenged several rules EPA issued to control greenhouse gas emissions from stationary and mobile sources.1 Following the United States Supreme Court’s decision in Massachusetts v ...
With the promise of low-interest or no-interest loans, and even the possibility of loan forgiveness, small businesses rocked by COVID-19 have recently turned to banks to apply for federally guaranteed funds. These funds are vital to many small businesses in order to help them stabilize their financial health during the widespread economic fallout from the pandemic. They are seeking these funds under the recently enacted CARES Act ...
The U.S. Department of Health and Human Services (HHS) just announced that Provider Relief Fund Program (PRF) recipients will now be required to submit reports regarding their use of these funds later than previously announced. The previous deadline was February 15, 2021. Currently, a specific new timeline was provided, but HHS is encouraging providers to register to receive updates ...
As Democrats and Republicans continue to negotiate the terms and conditions of a “Phase 3” COVID-19 bill, the implementation of a large-scale expansion of the Small Business Administration (“SBA”) Section 7(a) Loan Program appears to have widespread bipartisan support and should pass in some form in the next few days. The existing 7(a) Program currently operates to provide access to capital to small businesses that might not otherwise be eligible for bank loans ...
On April 9, the federal banking agencies issued an interim final rule to encourage lending to small businesses through the Small Business Administration’s Paycheck Protection Program (“PPP”) established under the CARES Act. Specifically, the agencies are applying a 0% risk weight to PPP covered loans for regulatory capital purposes ...
The Board of Governors of the Federal Reserve System (the “Fed”) has implemented monetary policy and federal programs in response to COVID-19. The policies and programs primarily affect financial institutions in the business of lending, but an understanding of the policies will aid all borrowers in knowing the constraints of their lenders and the process by which they will receive funds ...
In its attempt to provide relief to corporate America, the Board of Governors of the Federal Reserve System (the “Fed”) did not neglect lenders in all of the commotion. The Fed recently instituted several programs meant to provide liquidity to economic markets through lending directly to financial institutions, altering capital requirements and relaxing Fed examinations of financial institutions ...
As part of the Medicare hospital outpatient prospective payment system and ambulatory surgery center payment system final rule for calendar year 2011 (the “Final Rule”), the Centers for Medicare and Medicaid Services (CMS) recently issued final regulations that implement the changes that were made to the whole hospital exception by the Patient Protection and Affordable Care Act and the Health Care Education and Reconciliation Act of 2010 (collectively, the “Acts
The Federal Deposit Insurance Corporation (“FDIC”) Advisory Committee of State Regulators (“Committee”) held its inaugural meeting on October 14, 2020. During the meeting, the Committee emphasized the importance of financial inclusion within the banking industry and the recent efforts to foster inclusion undertaken by the FDIC and applicable state regulators ...
Virginia is now the first state in the nation to enact permanent COVID-19 workplace safety and health standards. In late January, the Virginia Department of Labor and Industry (DOLI) adopted the Virginia Occupational Safety and Health (VOSH) Program. The program promulgates a new standard that supersedesVirginia’s Emergency Temporary Standard from July 2020 ...
While the pandemic and subsequent economic downturn are creating unprecedented challenges for health systems across the country, opportunities for collaboration remain as strong as they had been pre-COVID, and large health systems are well positioned to take advantage of new opportunities. In light of this, Waller has partnered with Kaufman Hall to develop a guide for health system leaders, The Health System Growth Imperative: Charting Opportunities During the Pandemic and Beyond ...
Legislators filed bills before the official start date of the 83rd Texas Legislative Session; many of the bills already filed address healthcare issues. 1. The Budget. Texas legislative leaders recently approved a self-imposed budget cap for the 2014-2015 biennium based on a conservative estimate of growth in the state’s economy, holding lawmakers to not more than a 10 ...
Tennessee’s urban centers continue to be attractive markets for investment in residential, office and mixed-use developments. While most sophisticated real estate developers and investors are aware of land use and zoning requirements associated with projects in heavily regulated urban centers, many may not be aware of certain environmental issues that can derail a project. “Urban soil” is different ...
In case you missed it, there was an interesting piece in the January/February issue of Transaction Trends, the Electronic Transactions Association’s official publication. I highly recommend it, as it was a good look ahead. The feature, “Putting the ‘L’ in M-Commerce” was an interview with several prominent industry executives about loyalty cards and programs. Today, however, loyalty card programs are fragmented, to put it politely ...
Hospitals and health systems are on the frontlines fighting the COVID-19 pandemic. But, behind the scenes, they are grappling to sustain operations and finances significantly impacted by the state of the economy. In the latest version of our PointbyPoint podcast, Waller’s Ken Marlow and Eb LeMaster, managing director at Ponder, discuss the various factors impacting hospitals and health systems today ...
Tennessee Gov. Bill Lee has extended the executive order allowing carryout and delivery of beer, wine and spirits for restaurants. Restaurants, limited-service restaurants and wine-only restaurants can continue to sell carryout and deliver alcoholic beverages and beer. There is no additional license or permission needed to deliver. Lee extended the privilege through to 11:59 pm September 30, which brings welcome certainty to an industry battered by the pandemic ...
With Governor Lee’s order allowing curbside and delivery of alcohol set to expire at midnight April 30, we were expecting to see an extension of these privileges in connection with new guidelines for re-opening restaurants. We have the guidelines, but no mention of alcohol delivery and curbside service. The governor could still extend these privileges, but so far, he has not. Governor Lee said the state is releasing additional guidelines next week ...
In recent months, the influential Medicare Payment Advisory Commission (MedPAC) voted unanimously to reduce reimbursement rates for some urban, free-standing emergency departments (FSEDs). MedPAC is the independent congressional agency that advises Congress on issues affecting the Medicare program. While MedPAC’s recommendation is just that — a recommendation — its advice typically serves as a harbinger of Congressional action ...
Traditionally a federal responsibility, immigration reform has become a hot button topic for state lawmakers across the United States. According to the National Conference of State Legislatures, in the first quarter of 2011, state legislators in the 50 states and Puerto Rico introduced 1,538 immigration-related bills and resolutions. This surpassed the first quarter of 2010, when 1,180 bills were introduced ...
On April 1, 2013, employers will be permitted to submit new H-1B petitions to U.S. Citizenship and Immigration Services (“USCIS”) for Fiscal Year 2014. As in previous years, April 1 is the earliest date that employers may submit new “cap subject” petitions to USCIS, and October 1, 2013, is the earliest date that a foreign worker may commence employment under a “cap subject” petition ...
The sports world is under attack again for its text marketing tactics directed to consumers. This time the target is Tampa Bay Sports & Entertainment, LLC, the owner of the National Hockey League team, the Tampa Bay Lightning. In a federal class action lawsuit filed in March 2019 (Bryan Hanley vs. Tampa Bay Sports and Entertainment LLC, Case No. 8:19-CV-550-CEH-CPT (M.D ...
Nearly a year after requesting comments on proposed changes to the Hart-Scott-Rodino premerger notification and report form, the Federal Trade Commission and Department of Justice today published the final version of the new form and related final rules. The new form can be found at this link. Anyone making a premerger filing on or after Monday, August 8, 2011 will be required to use the new form ...
