BMK Law, Author at BMK Law

New Jersey Issues Outpatient Guidance For Healthcare Professionals During the COVID-19 Pandemic

By Richard A. West

New Jersey Attorney General Gurbir S. Grewal and Department of Health Commissioner Judith M. Persichilli have announced practice guidance for outpatient healthcare professionals statewide during the COVID-19 outbreak.

Doctors, nurses, physician assistants, respiratory care therapists and others are advised to follow best practices set by the Centers for Disease Control and Prevention and the Department of Health when treating patients for COVID-19-related concerns or symptoms. Additional state guidance was developed by the Communicable Disease Service within the Department of Health and the Division of Consumer Affairs within the Department of Law & Public Safety.

Here are some key recommendations:

To protect all patients and staff, use telephone screenings prior to office visits to prepare for seeing potential COVID-19 patients
Wear appropriate personal protective equipment (PPE) when evaluating symptomatic patients in person
Utilize telemedicine as an alternative if unprepared (PPE unavailable in office) to see potential COVID-19-positive patients
Avoid recommending referrals or testing for non-symptomatic or low adverse effect-risk patients so as not overwhelm the healthcare system and conserve resources for those most in need of urgent care
Testing availability is limited; priority is reserved for symptomatic patients with comorbidities and risk factors
When obtaining specimens, take all recommended infection control precautions
Symptomatic patients should be initially evaluated via telephone screening focusing on risk factors (recent areas traveled, exposure to COVID-19-positive person, older than 65 years, underlying conditions)
Medically stable symptomatic patients can be advised to stay home and self-isolate for a minimum of 7 days after onset of cough and for 72 hours after resolution of fever
Self-isolation means isolating from others within the home in addition to not leaving the home
Patients that are symptomatic and not medically stable can be evaluated in office if proper PPE is available for all staff performing hands on services – mask for patient and gowns, gloves, eye/face protection (goggles or face shield) and N95 respirators for staff (surgical masks may be substituted only when performing non-aerosolizing procedures — swabbing for a COVID-19 test is non-aerosolizing)
If PPE is unavailable in the outpatient office setting, refer medically unstable patients in risk categories to emergency departments of other facilities, but alert the facility in advance regarding patient risk factors and physical condition
Routine outpatient practices unrelated to COVID-19 can be continued during the outbreak provided procedures are in place to minimize risk of transmission from asymptomatic persons within the facility such as disinfecting door handles, chairs and restrooms, removing magazines, toys and other objects patients touch while waiting and avoiding long stays in the waiting/reception area
Finally, postpone elective procedures and surgeries for non-life threatening conditions

Additional information may be obtained at https://www.nj.gov/health/cd/topics/covid2019_healthcare.shtml

For further guidance about protections for licensed health care professionals in New Jersey during the COVID-19 crisis, please contact Brown Moskowitz & Kallen partner Richard A. West at (973) 376-0909 ext. 1126 or mobile: (973) 229-7928.

This article is for informational purposes only and is not intended to constitute, and does not constitute, legal advice.

Sticky

Apr 03, 2020

COVID-19

COVID-19 Insurance Questions and Claims Guidance

By BMK Law

By Marc McCabe, Vice President, Alliant Insurance Services

As an insurance professional for more than 35 years and who has witnessed countless regional wars, the Dot-Com Bubble Burst, the 9/11 Terrorist Attacks, the 2008 Financial Crisis and Hurricane Sandy, no one could have foreseen the unprecedented coronavirus pandemic and its global impact on business and industry.

For the past two weeks, I have had countless discussions with my business clients about their continuing operations, lost business deals resulting in lost revenues, the potential impact on claims recovery and managing the well-being of their employees. Clearly, the economic impacts of COVID-19 will test their go-forward operations over the long-term, but closer to my world the questions have been, how their policies will provide indemnification relief, if any. Rather than addressing every possible insurance coverage scenario, let’s explore at a high level my two most talked about conversations — business interruption and employee safety in the workplace.

Firstly, what is happening with the business interruption coverage and how is the insurance industry addressing what is covered or what is the likelihood of recovery with respect to such reported claims? My expectation, as outlined below, is that few damages directly incurred are likely covered under the typical property/business interruption policy…at a macro level. The concept of Business Interruption (BI) under both the Property policies is to protect your insureds against the loss of income following a claims event and after the policy deductible/waiting period has been satisfied. BI is generally defined as the “net income (not loss of revenue)” that would have been earned, “continuing normal operating expenses” and including payroll for key personnel. Typically, for BI coverage to trigger insurance company reimbursement, there must be a suspension of operations and the suspension must be caused by a direct physical loss of or damage to property at an insured’s premises. Regarding Civil Authority (i.e., a government-mandated shutdown) coverage, the Property/BI policy generally has three provisions that all need to be satisfied:

Access to the insured’s business must be denied by the order of civil authorities
The denial of access must be caused by damage or destruction of property
The direct property damage must be from an insured peril (this is where the pandemic exclusion issue arises)

The bottom line is that many businesses across the U.S. have now been adversely affected by Civil Authority actions taken by various governmental entities. The insurance companies underwrite these insurance policies but choose carefully what “Acts of God” to cover or exclude from the policy contract. As such, many of these exclusions apply to the actual or suspected presence or threat of any virus, organism or like substance that is capable of inducing disease, illness, physical distress or death, whether infectious or otherwise, including but not limited to any epidemic, pandemic, influenza, plague, SARS or Avian Flu.

As negative as this may read, none of us know how the insurers are going to respond to any of the COVID-19 claims, albeit, as I noted in the pandemic exclusion above. As such, it is our recommendation that your finance teams begin collecting records of expenses and losses of revenue/net income. Tracking these expenses and losses in real time is far easier than doing so after the fact and will aid in properly assessing the magnitude and viability of a potential business interruption claim. Other reasons to pursue this strategy involve government and lobbying groups now focused on the prospect of a relief package similar in scope to the 9/11 Victims Compensation Fund. It is quite premature to consider the potential horse trading that could happen, but it remains prudent, at a minimum, to track your records relevant to lost revenue, continuing expenses and maintaining key payroll expenses.

The second issue to be explored includes business exposures due to an employee testing positive for COVID-19 and the potential impact such an event has on the Workers Compensation and Employers Liability policy:

If an employee contracts COVID-19 arising out of or in the course of employment, then the workers’ compensation and employer’s liability coverages respond with coverage for medical costs and lost wages in accordance with state statutory requirements. That said, similar to the business interruption exposure, viral diseases typically are not presumptively considered as arising out of or contracted in the course of employment, and it would be the employee’s burden to establish the causal connection between infection and employment by a preponderance of the evidence.

I have been asked by several clients “If my employee is infected with the COVID-19 virus, will this trigger coverage under the WC policy?” Again, depending on the state of jurisdiction in question, it is difficult to expect compensability unless you’re a medical professional. The employee must show that his employment put him at a higher risk than the general public, and in most cases, expectation of coverage will be arbitrated by the insurance company.

Ask your insurance broker or agent to assist with preparing the claims notices to the insurer within the reporting period guidelines written within each policy. The insurers will review all claims submitted and will issue a coverage position. At such time, you can determine appropriate next steps.

BMK invites articles that may be of interest to our clients, colleagues, and friends during these trying times. BMK is not affiliated with Aliant Insurance Services and it does not endorse the content or views expressed by Alliant or by Mr. McCabe. Should you have questions or comments concerning the article, we suggest that you contact Mr. McCabe directly on his office telephone, (212) 504-1807 or his mobile telephone, (908) 347-4558, or via email: marc.mccabe@alliant.com

The article is not and cannot be construed as legal advice.

The views expressed in this article were prepared by Marc McCabe in his personal capacity and are for general information purposes only. The views expressed in the article are the author’s own and do not reflect the views of Alliant Insurance Services.

Sticky

Apr 03, 2020

COVID-19

NJ EDA Opens Small Business Emergency Assistance Grant Program on April 3, 2020

By BMK Law

COVID-19: NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY (NJEDA) WILL OPEN APPLICATIONS FOR ITS SMALL BUSINESS EMERGENCY ASSISTANCE GRANT PROGRAM (EMERGENCY GRANT PROGRAM) ON APRIL 3, 2020

FIRST COME, FIRST SERVED: APPLICATIONS CLOSE APRIL 10, 2020

LIMITED TO NJ SMALL BUSINESSES WITH 1 – 10 FULL TIME EQUIVALENT EMPLOYEES (FTEEs)

Applications for the NJEDA Emergency Grant Program will open the morning of April 3, 2020, at 9:00 a.m. and close April 10, 2020, at 9 a.m.

To see whether your business may qualify, you may use the NJEDA’s Eligibility Wizard available at: https://assistance.business.nj.gov/

A copy of the application to assist you with preparing your submission is available now at: https://www.njeda.com/pdfs/NJEDA_COVID-19_Economic-Response-Package-Initial-W

The Emergency Grant Program will provide up to $5,000 to NJ small businesses that have between 1–10 FTEEs. Grant values are calculated at $1,000 per FTEE reported on business’ WR-30 filed with the New Jersey Department of Labor and Workforce Development. The grant may only be used for payroll and working capital; it cannot be used for any capital expenses.

The eligible business must operate within the following industries as defined by the SME’s two-digit North American Industry Classification (“NAICS”) code: Retail; Accommodation & food services; Arts, entertainment & recreation; and Other services (restricted to businesses with 3-digit NAICS of 811 and 812). Non-profits entities with the following designations will also be permitted to receive grant funding: 501(c)(3), 501(c)(4), and 501(c)(7).

Also, the CEO (or equivalent officer) of the business must certify that the business will make a best effort not to furlough or lay off any individuals from the time of application through six months after the end of the declared state of emergency (businesses that have already furloughed or laid off workers must make a best-effort pledge to re-hire those workers as soon as possible) – any material breach of its best efforts certification may result in the NJEDA seeking repayment of the grant.

The total available funding is up to $5 million of which $3 million will be set aside for NJ small businesses with 5 or fewer FTEEs.

Because funding is limited and applications are processed on a first come, first served basis, if you think your business qualifies, investigate and prepare prior to April 3, so that you can submit your application on April 3.

If you would like more guidance, please contact your Brown Moskowitz & Kallen, P.C. attorney at (973) 376-0909 via the office extensions below or the mobile telephone numbers provided.

Stuart Brown
Office Extension: 1118
Mobile: (908) 770-0166

Kenneth Moskowitz
Office Extension: 1112
Mobile: (908) 770-0160

Norman Kallen
Office Extension: 1114
Mobile: (908) 770-0165

Steven Rowland
Office Extension: 1124
Mobile: (973) 879-0544

Keith Marlowe
Office Extension: 1120
Mobile: (973) 568-7559

Richard West
Office Extension: 1126
Mobile: (973) 229-7928

Frederic Tudor
Office Extension: 1122
Mobile: (973) 476-8139

Michael Greenberg
Office Extension: 1119
Mobile: (917) 716-9302

Kristina Brown
Office Extension: 1116
Mobile: (908) 239-7625

Michele-Lee Shapiro
Office Extension: 1130
Mobile: (201) 221-6814

Emilio Lamanna
Office Extension: 1129
Mobile: (516) 554-2460

This article is for informational purposes only and is not intended to constitute, and does not constitute, legal advice.

Sticky

Apr 02, 2020

COVID-19

Lending Options for Small and Mid-Businesses During COVID-19

By BMK Law

At BMK, we are keenly aware that many of our small- and middle-market business clients are experiencing cash shortfalls and need an urgent infusion of capital to weather the COVID-19 crisis. While a major federal relief bill was just passed by the Senate and House, accessing funding through government channels may not be sufficient nor is it an expedient solution.

From the start of this crisis, BMK pledged to call upon the whole of our resources and alliances to offer pivotal and practical assistance to keep your business stable and positioned for recovery. For this reason, we are presenting Beechwood Capital Advisors’ Lender Access Program which potentially streamlines the process for obtaining funding to meet payroll, supply chain, rent and related expenses that do not decline despite a sudden sharp decrease in revenue.

The Beechwood Capital Advisors Lender Access Program may be right for your business if:

You need immediate access to a wide network of bank and non-bank alternative lenders
You are seeking a no risk, no cost introduction to asset-based, factor, private, high yield or unsecured lenders and commercial banks
You have collateral such as receivables, inventory, real estate and personal assets
You want a DIP financing option
You lack traditional collateral but maintain a strong balance sheet with unlocked “value”
You need a minimum loan of $1MM

Beechwood Capital makes sourcing funding easy:

Engages in a brief introductory conversation with you
Prepares a one-page company summary at no cost
Presents the summary to 25+ lenders per applicant
Fields inquiries from interested sources of capital and presents to applicant
Applicant makes sole decision whether or not to proceed
If applicant proceeds, enters into an agreement with Beechwood providing for a modest monthly retainer to assist applicant with the lending process and close the loan. Also provides for a success fee to Beechwood at closing.

The Beechwood Capital Advisors Borrower Intake Form is attached here: https://bmk-law.com/beechwood-capital-advisors-borrower-intake-form. If you are interested in exploring Beechwood Capital Advisors’ lending services, or would like to have an informal conversation with them about your financial condition and potential solutions, contact Scott Rothman at (973) 985-9533, Dick Conroy at (732) 770-5036 or Mark Furman at (973) 650-3994.

BMK invites articles that may be of interest to our clients, colleagues, and friends during these trying times. BMK is not affiliated with Beechwood Capital Advisors and it does not endorse the content or views expressed by Beechwood Capital Advisors. Should you have questions or comments concerning the article, we suggest that you contact the Beechwood Capital team directly.

Sticky

Apr 04, 2020

COVID-19

Covid-19: CARES Act Provides Assistance for Individuals

By BMK Law

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) provides aid to independent contractors and self-employed individuals, in addition to providing aid to businesses.

The CARES Act temporarily expands unemployment insurance to cover individuals who are not traditionally covered, including the self-employed, gig-workers, independent contractors and workers with an irregular work history. It also expands the list of allowable criteria for claiming unemployment compensation to include many reasons related to the COVID-19 public health emergency. Contact the unemployment office in the state where you worked to determine your eligibility for state unemployment. Under the CARES Act:
- Individuals may be entitled to receive up to $600/week in addition to what is available under state unemployment benefits; and
- Individuals may be entitled to up to 39 weeks of payments.
Refundable tax credits are available for independent contractors who would have qualified for coronavirus-related paid leave if they were employees. The IRS will be posting information soon on these credits on its website (www.irs.gov), including information on how to claim these credits.
Individuals who operate a sole proprietorship or work as an independent contractor and eligible self-employed individuals may qualify for a paycheck protection program (PPP) loan. Regulations and guidance about PPP loans for individuals will be issued by the Small Business Administration and Treasury and should be released in the upcoming two weeks.

If you are unsure about whether you are eligible for CARES Act assistance, do not hesitate to reach out to BMK for advice.

Contact your Brown Moskowitz & Kallen, P.C. attorney at (973) 376-0909 via the office extensions below or the mobile telephone numbers provided.