• In last Friday’s update we provided information specific to the regional reopening statistics and the requirements that certain business operations would need to satisfy upon reopening. We want to reiterate and confirm that businesses affiliated with any agency that have continued to operate as an essential health care operation are subject to the reopening requirements (i.e. manufacturing facility as part of your operation). Linked here is helpful guidance depending on your particular business (manufacturing, retail, etc…).

• A recent FAQ from the Internal Revenue Service (IRS) relating to the Employee Retention Credit has added a financial benefit for larger agencies not qualifying for the PPP loans to get some relief funding under the CARES Act. 

• The Employee Retention Credit allows a 50% credit on compensation up to a maximum of $10,000 per employee. Organizations that have more than 100 employees can only claim the credit for employees that are being paid by the organization but are not actually performing work for them. Since most organizations either furloughed or reassigned staff, this benefit had limited applicability to this field. However, a recent FAQ document has expanded the definition of compensation to include health plan expenses paid after March 12, 2020 and before January 1, 2021. According to the guidance this would include individuals that have been furloughed for which the agency continues to pay their health insurance. 

• Therefore, this opens the possibility of getting half of the health insurance costs reimbursed for applicable employees in this situation.

• A copy of the FAQ document can be found here, see #65 for relevant information.

• The Department of Education’s Office of Special Education and Rehabilitative Services has released an FAQ document related to how agencies can continue to serve individuals with disabilities during the COVID-19 pandemic with necessary adjustments. A copy of that FAQ document can be found here.