Below please find League Business Leaders Network member Saul Ewing Arnstein & Lehr’s COVID-19 weekly digest, which includes our analysis of the most current legal developments related to this pandemic. To receive regular updates, news and information related to COVID-19, please register here.
- HHS Seeks Input on Health Care System Resilience
On June 5, 2020, the Office of the Assistant Secretary for Health in the Department of Health and Human Services (HHS) issued a request for information (RFI) published in the Federal Register seeking comments from health care system stakeholders regarding the “resilience” of the U.S. health system post COVID-19. In May, members of the Saul Ewing Arnstein & Lehr Health Law group published their predictions for changes in the health care delivery system post COVID-19.
- Phase 2 of Delaware Economy Reopening in Response to COVID-19
Effective June 15, 2020, Governor Carney has announced that Delaware is moving to Phase 2 of the reopening of Delaware’s economy. His decision is largely based upon the following: continuing decline in the percent of positive cases of COVID-19 in Delaware, the implementation of testing programs for healthcare workers, the availability of widespread testing for COVID-19 throughout Delaware, the implementation of contact tracing, adequate supplies of personal protective equipment and continual monitoring of the COVID-19 situation.
- IRS Notice 2020-39 Provides Significant COVID-19 Relief to Qualified Opportunity Zone Projects and Investors
Opportunity Zones and Qualified Opportunity Funds
In response to the ongoing COVID 19 pandemic, the IRS has given investors an extension of time to invest in Qualified Opportunity Zone projects, and has given Qualified Opportunity Funds (“QOFs”) and Qualified Opportunity Zone Businesses (“QOZBs”) additional time to satisfy certain statutory requirements. These extensions are described in IRS Notice 2020-39 (the “Notice”), released on June 5.
- EPA’s COVID-19 Temporary Enforcement Policy Under Attack by Coalitions of Environmental Conservation Groups and States
Three environmental conservation groups have announced plans to sue the U.S. Environmental Protection Agency (EPA) in response to EPA’s issuance of its March 26, 2020 Temporary Policy Memo, which modified the agency’s enforcement discretion in light of the sweeping impact of the COVID-19 pandemic in the United States (“Temporary Enforcement Policy”).