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Today, May 13, 2020, the Frequently Asked Questions Document was updated and question #46 may be of great interest to our members who have PPP loans of under 2 million.

The Small Business Administration (SBA), in consultation with the Department of the Treasury, intends to provide timely additional guidance to address borrower and lender questions concerning the implementation of the Paycheck Protection Program (PPP), established by section 1102 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act or the Act). This document will be updated on a regular basis.

Borrowers and lenders may rely on the guidance provided in this document as SBA’s interpretation of the CARES Act and of the Paycheck Protection Program Interim Final Rules (“PPP Interim Final Rules”) (link). The U.S. government will not challenge lender PPP actions that conform to this guidance,1 and to the PPP Interim Final Rules and any subsequent rulemaking in effect at the time.

  1. Question: How will SBA review borrowers’ required good-faith certification concerning the necessity of their loan request?

Answer: When submitting a PPP application, all borrowers must certify in good faith that “[current economic uncertainty makes this loan request necessary to support the ongoing operations of the Applicant.” SBA, in consultation with the Department of the Treasury, has determined that the following safe harbor will apply to SBA’s review of PPP loans with respect to this issue: Any borrower that, together with its affiliates,20 received PPP loans with an original principal amount of less than $2 million will be deemed to have made the required certification concerning the necessity of the loan request in good faith.

SBA has determined that this safe harbor is appropriate because borrowers with loans below this threshold are generally less likely to have had access to adequate sources of liquidity in the current economic environment than borrowers that obtained larger loans. This safe harbor will also promote economic certainty as PPP borrowers with more limited resources endeavor to retain and rehire employees. In addition, given the large volume of PPP loans, this approach will enable SBA to conserve its finite audit resources and focus its reviews on larger loans, where the compliance effort may yield higher returns.

Importantly, borrowers with loans greater than $2 million that do not satisfy this safe harbor may still have an adequate basis for making the required good-faith certification, based on their individual circumstances in light of the language of the certification and SBA guidance. SBA has previously stated that all PPP loans in excess of $2 million, and other PPP loans as appropriate, will be subject to review by SBA for compliance with program requirements set forth in the PPP Interim Final Rules and in the Borrower Application Form. If SBA determines in the course of its review that a borrower lacked an adequate basis for the required certification concerning the necessity of the loan request, SBA will seek repayment of the outstanding PPP loan balance and will inform the lender that the borrower is not eligible for loan forgiveness. If the borrower repays the loan after receiving notification from SBA, SBA will not pursue administrative enforcement or referrals to other agencies based on its determination with respect to the certification concerning necessity of the loan request. SBA’s determination concerning the certification regarding the necessity of the loan request will not affect SBA’s loan guarantee.21

20 For purposes of this safe harbor, a borrower must include its affiliates to the extent required under the interim final rule on affiliates, 85 FR 20817 (April 15, 2020).

21 Question 46 published May 13, 2020

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FOR IMMEDIATE RELEASE
May 13, 2020

Harrisburg, PA – The Department of Human Services (DHS) is reminding Pennsylvanians that while all county assistance offices (CAOs) statewide remain closed to the public, online services remain available.

CAOs in counties moving to the yellow phase will reopen following adjustments to facilities necessary to keep staff and clients safe. Pennsylvanians are encouraged to use DHS’ online applications and resources to apply for benefits or submit paperwork as necessary.

“DHS is continuing to connect eligible Pennsylvanians to the programs they need through our online services. No one should forego these services if they need them, and anyone who is struggling to make ends meet or needs assistance should know that help is available,” said DHS Secretary Teresa Miller. “While our CAOs are still closed to the public, we are still receiving and processing applications for our public assistance programs. Clients should take advantage of online resources like COMPASS and the myCOMPASS PA mobile app as counties begin to reopen to mitigate risk while we continue to face the threat of COVID-19.”

The following key services can be accessed online through COMPASS and the myCOMPASS PA mobile app without going into the CAO:

  • Apply for Medical Assistance, cash assistance, SNAP or LIHEAP (only on COMPASS)
  • Submit benefit renewal information
  • Review benefits and case record information
  • Report a change in case information
  • Upload verification documents

DHS administers public assistance programs that helps Pennsylvanians maintain access to health care, food, and other essential needs when people need extra help and during periods of economic uncertainty like what we currently face. Applications for benefits and renewals can be submitted online at www.compass.state.pa.us. Eligibility determinations, application processing, and benefit issuance will continue for Pennsylvanians in all counties while the CAOs are closed to the public. Clients who prefer to submit paper documentation can mail documents to their local CAO or leave documents in a CAO’s secure drop box, if available.

Clients in Philadelphia with questions, information to report about their case, or who need a paper application mailed to them should call the Philadelphia Customer Service Center at 215-560-7226. Clients in all other counties can call the Statewide Customer Service Center at 1-877-395-8930. Call volumes and wait times may be higher than usual, and we appreciate the public’s patience with the dedicated commonwealth employees working to assist clients under stressful circumstances.

DHS is continuing to process applications for SNAP throughout the public health crisis. All applications are reviewed for expedited service which can be issued in five days for eligible applicants. EBT payments are still scheduled to occur during the closure and activated EBT cards can still be used as usual at ATMs and in stores at point-of-sale machines if the client has a balance. Balance and transaction inquiries as well as EBT card replacement can be requested from DHS’s EBT contractor, Conduent, at 888-328-7366.

For Medicaid, contact the Pennsylvania Consumer Service Center at 1-866-550-4355 to apply over the phone. Pennsylvanians can also complete semi-annual renewals and check their benefit status through the myCOMPASS PA mobile app. Managed Care Organizations (MCO) providing Medicaid coverage will be available to address claims and coverage issues with clients, and Medicaid Access cards can still be used at participating medical facilities to obtain care.

Visit pa.gov for a “Responding to COVID-19” guide or the Pennsylvania Department of Health’s dedicated Coronavirus webpage for the most up-to-date information regarding COVID-19.

Guidance to DHS providers related to COVID-19 is available here.

MEDIA CONTACT: Erin James, ra-pwdhspressoffice@pa.gov

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From ACCSES:

Today is the day we have been waiting for, as the U.S. House of Representatives released the draft text of the $3 trillion dollar stimulus today. The bill is titled The Health and Economic Recovery Omnibus Emergency Solutions Act, or the HEROES Act.

This bill will begin in the House and then go to the Senate. The House has scheduled the vote for Friday, where it is likely to pass. There have been indications from the Senate and the White House that there is not as much interest in a fourth stimulus now as there had been a few weeks ago, so this bill is not expected to move as quickly as the prior stimulus bills.

This bill includes additional support for Home and Community-Based Services (Medicaid services begins at page 189), including increased pay and hazard pay for home health workers and direct support professionals, funding for PPE, increased FMAP, and funding for individuals who are waitlisted by states for HCBS services.

Nonprofit HCBS providers are included as organizations with which the State should engage on expanded services. This draft bill also contains a provision that would include nonprofits in the Main Street Lending Program (beginning at page 1063). It does not appear to include a provision protecting self-insured employers, but there is support for some further relief in both the Senate and House, so we will continue advocating for it.

We will break the bill down further this week, but here is a brief summary of the bill and the swirl of politics around it from CNBC. At 1,815 pages, this bill has many other provisions in it, including increased funding to the States, extensions of the additional $600 in unemployment compensation, another round of direct payments to individuals, voting rights protections (including for people with disabilities), and funding for the U.S. Postal Service.

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In an effort to provide temporary relief for individuals in need of FBI fingerprinting as part of the Child Protective Services Law, Governor Wolf has approved legislation — formerly HB 360 and now ACT 18 — that allows temporary fingerprinting flexibility where Identogo sites are not available. In a phone call today with the Office of Children, Youth and Families (OCYF) Planning Committee, it was discussed that OCYF expects to release the guidance this week with some noted limitations as outlined below.

Existing Employees – Have until December 31 to get fingerprints for those whose checks have expired since March 2020. Still need PSP and Child Abuse Checks completed.

For new employees, if you have not been a resident in PA within the past 10 years, you must also provide Child Abuse clearances from prior states of residence. New hires also sign a disclosure statement (attestation form).

New hires have until December 31, or 60 days from end date of state of emergency as directed by Governor Wolf, to get fingerprinting done. Individuals must still make reasonable efforts to complete checks at your local Identogo site if it is open.

Further direction and comment will be forthcoming from RCPA after the OCYF guidance is released. If your agency or staff are having difficulty in obtaining fingerprints, or if you are looking for Identogo mobile sites or resources, please contact RCPA Children’s Director Jim Sharp.

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The Office of Medical Assistance Programs (OMAP) has released two separate guidances related to Medical Assistance Transportation Program (MATP) services during the Corona Pandemic. The purpose of these communications are to advise all county administrators, brokers, and all contracted transit agencies (collectively referred to as MATP agencies) of the precautions necessary to ensure safe provision of non-emergency medical transportation services to Medical Assistance beneficiaries while the Governor’s Proclamation of Disaster Emergency issued on March 6, 2020, remains in effect.

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Today, the Centers for Medicare and Medicaid Services (CMS) released updated information on recent actions and resources specific to the COVID-19 pandemic.

CMS Continues to release waivers for the health care community that provide flexibilities needed to take care of patients during the COVID-19 public health emergency. The additional blanket waivers are provided here.

CMS updated a video that answers commonly asked questions about the expanded Medicare telehealth services benefit.

They also published an MLN Matters article which provides information for pharmacies and other suppliers that wish to enroll in Medicare temporarily as independent clinical diagnostic laboratories, to assist with addressing needs for COVID-19 testing.

Additional flexibilities offered to states to address the coronavirus pandemic. In addition to the following waivers, a toolkit was developed to expedite the application and review of each request.

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ANCOR is partnering with the National Council of Behavioral Health to get the eligibility cap lifted for nonprofits providing I/DD, Substance Abuse, and Mental Health services. Here’s the ANCOR/NatCon issue brief with the “ask” we sent to Congress.

As nonprofit providers of intellectual and developmental disability services and supports, you are on the front lines of the novel, COVID-19 pandemic. While Congress has been making strides to support small businesses, the Coronavirus Aid, Relief, and Economic Security (CARES) Act excluded from eligibility for the Small Business Administration’s (SBA) Paycheck Protection Program (PPP) nonprofits who employ more than 500 employees.

This exclusion has led to your organizations having to make hard decisions, ranging from furloughs, reducing services, experiencing exploding costs with no assurance of reimbursement. This is unacceptable – people with disabilities cannot be forgotten at this time of crisis. Now is the time to act.

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FOR IMMEDIATE RELEASE
May 11, 2020

Harrisburg, PA – Pennsylvania Insurance Commissioner Jessica Altman today reminded businesses of the importance of complying with Governor Tom Wolf and Department of Health Secretary Rachel Levine’s orders – for counties in both the red and yellow phases.

In addition to the critical public health objectives, Commissioner Altman warned non-compliant businesses defying the governor and secretary’s business closure orders that many insurance policies contain provisions that exclude coverage for businesses or individuals engaging in illegal acts or conduct. These exclusions may apply to property coverage, liability coverage, advertising injury coverage, and a host of other essential coverages.

“Businesses and residents rely on insurance coverage to protect them from liability, pay for covered losses, and compensate those who may be injured or harmed,” said Altman. “It is the duty of every business and resident in Pennsylvania to ensure that they and the public at large are provided with the maximum level of protection afforded by insurance. Any actions that could potentially create coverage gaps are the antitheses of the civil duty required of all residents during these times of emergency.”

This reminder is offered to all Pennsylvania businesses and residents, regardless of in what county they reside. The department strongly encourages businesses or residents who have questions or concerns regarding insurance coverage during the phased reopening of businesses in this commonwealth to reach out to their insurance carrier to discuss concerns.

Find more information on Gov. Wolf’s latest orders here.

FAQs for businesses in each phase can be found here.

MEDIA CONTACT: Thaisa Jones, thajones@pa.gov

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