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COVID–19 Vaccine Update: Phase 1B Opens Today in Iowa

February 1, 2021

Phase 1B of the COVID-19 vaccination will begin Monday, February 1 in Iowa. This phase includes persons 65 and older and specific populations vulnerable to high risk of exposure or severity of illness. However, due to limited vaccine supply, certain populations within Phase 1B will be given priority.

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What Employers Need to Know about the COVID-19 Vaccine

January 19, 2021

In December, 2020, the EEOC updated its technical assistance guide addressing COVID-19, the ADA and other EEO Laws as they relate to the COVID-19 vaccine. In this guidance, it confirmed that the vaccine is not a medical exam, and appears to authorize employers mandating employees to receive the COVID-19 vaccine, subject to certain exceptions. These include the requirement to consider reasonable accommodation for medical disabilities that prevent an employee from being able to receive the vaccine, and to accommodate religious beliefs that prevent it.

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Biden’s American Rescue Plan – Key Points for Employers

January 19, 2021

On January 14, 2021, President-Elect Biden announced his “American Rescue Plan (ARP),” the incoming administration’s proposed COVID-19 relief package. The Plan includes a national vaccination program, an additional $1,400 stimulus payment, economic support for impacted businesses, education support and a focus on reopening kindergarten through 8th grade schools, eviction and foreclosure relief, measures to address food insecurity, extended unemployment benefits, and perhaps of most interest to employers, a plan to revive and extend the Families First Coronavirus Response Act (“FFCRA”) paid leave requirements.

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Eligible Paycheck Protection Program Expenses Now Deductible

January 11, 2021

On December 27, 2020 the COVID-related Tax Relief Act of 2020, enacted as part of the Consolidated Appropriations Act, 2021 (Act), Public Law 116-260, was signed into law on Dec. 27, 2020. This new tax law confirmed that confirmed that congress intended for eligible business expenses to be deductible even if the Paycheck Protection Program (PPP) loans that funded the expenses were forgiven.

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New Stark and Anti-Kickback Rules – A Platform for Innovation Part 4: Anti-Kickback as an Innovation Backstop

December 29, 2020

Stark essentially prohibits (i) physicians from referring patients to any entity with which the physician has a direct or indirect financial relationship, (ii) such entity from filing claims with Medicare for services resulting from a prohibited referral. The new final rule introduces three new exceptions with requirements and definition reflecting a value-based paradigm, where exceptions are based on participants assuming some level of financial risk.

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New Stark and Anti-Kickback Rules – A Platform for Innovation Part 3: Facilitating Innovation

December 29, 2020

Stark essentially prohibits (i) physicians from referring patients to any entity with which the physician has a direct or indirect financial relationship, (ii) such entity from filing claims with Medicare for services resulting from a prohibited referral. The new final rule introduces three new exceptions with requirements and definition reflecting a value-based paradigm, where exceptions are based on participants assuming some level of financial risk.

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Status of Paid Leave Under the New COVID Legislation

December 22, 2020

Under the new legislation, FFCRA paid sick leave and paid FMLA leave is no longer required, but employers may choose to voluntarily continue to provide these benefits, and obtain the associated tax credit, through March 31, 2021. This means that mandated paid leave for employers with fewer than 500 employees ends on 12/31/2020.

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New Stark and Anti-Kickback Rules – A Platform for Innovation Part 2: Defining the Platform

December 22, 2020

Stark essentially prohibits (i) physicians from referring patients to any entity with which the physician has a direct or indirect financial relationship, (ii) such entity from filing claims with Medicare for services resulting from a prohibited referral. The new final rule introduces three new exceptions with requirements and definition reflecting a value-based paradigm, where exceptions are based on participants assuming some level of financial risk.

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EEOC Publishes Critical Guidance on Vaccines and the Workplace

December 16, 2020

The Equal Employment Opportunity Commission (EEOC) published guidance in the form of Q&A on the impact the availability of COVID-19 vaccinations may have on equal employment opportunity laws, such as the ADA, GINA, Title VII, and the Pregnancy Discrimination Act. The EEOC guidance may be found at: https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws

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The Basics of Business Structures – The Sole Proprietorship

December 15, 2020

The term “sole proprietorship” is used to describe a business that is owned and operated by one person who is referred to as the sole owner or sole proprietor. For legal and tax purposes, the business does not have its own identity. The sole owner and the business are considered one in the same. Sole proprietorships are popular because they are the easiest and most inexpensive business structure to set up.

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The What, Why and How of PCs and PLLCs

December 8, 2020

One of the first considerations entrepreneurs must make is which entity type to form. For licensed professionals, one of the many options available is a “professional” entity, meaning a professional corporation or professional limited liability company.

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CDC Issues New Guidance Regarding COVID-19 Quarantine Period

December 3, 2020

The Centers for Disease Control and Prevention (“CDC”) issued new guidance indicating that the existing 14-day quarantine period following COVID-19 exposure can potentially be shorted to a 10-day or seven-day period. While the standard 14-day period does remain in effect, the agency acknowledged that the 14-day period is onerous – impacting physical and mental health and causing economic hardship – a fact that may impact compliance and cooperation with public health agencies and contact tracing.

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