Job Loss and Health Insurance
By Bob Smith, North American Health Plans, Health & Life Insurance Advisor
The nation is engaged in a pandemic health crisis and social distancing orders have caused hundreds of thousands to lose their jobs and employer-sponsored group health insurance.
Being without health insurance has led to an awareness of such acronyms as: COBRA (Consolidated Omnibus Budget Reconciliation Act); ACA
(Affordable Care Act), SEP (Special Election Period); STM (Short Term Medical).
The fear of a COVID-19 diagnosis has highlighted the important role health insurance plays in our medical and financial well-being. In many instances
this has been addressed with insurance carriers waiving the cost of testing/treatment and government compensation to hospitals for treating
virus-related individuals who don’t have health insurance.
The medical and financial risk of the COVID-19 virus is being addressed with laser focus. Doctors are only scheduling appointments for COVID-19
related issues, hospitals are postponing elective surgery. Individuals fearful of being exposed to others are voluntarily delaying treatment. These
actions, combined with the lack of appropriate health insurance, can have dire consequences when other medical issues arise such as cancer, heart
disease or stroke.
Options are available to avoid being without health insurance. These are important considerations to be aware of:
- Affordable Care Act
- Limited HMO plan options
- Cost of premium potentially exceeds the premium of COBRA
- Smaller network choices than group insurance plans.
- Pre-existing condition exclusion
- Potential fee for services charged by Health Agent
A licensed health insurance advisor is a valuable resource for your health insurance needs. Avoiding buyer’s remorse is a key to a successful health
coverage strategy.
The nation is experiencing a once in a lifetime situation that has cast us in uncharted waters. Like a ship at sea, together we will navigate safely to
a port during this protracted situation. But like the ship, we cannot turn as quickly as we would like.
Bob Smith
Mobile: 404-593-9663
www.northamericanhealthplans.
How to Connect During a Crisis
Small business owners are facing new challenges during this crisis. Communicating with customers requires more focus and depth than ever before. Mat Zucker, a PR guru with 25 years in creative and leadership positions at Ogilvy, R/GA, Razorfish and Agency.com, discussed the importance of communication in a recent article for Forbes Magazine. Jay Mandel, who runs The Collective NYC, a marketing consulting team focusing on a customer’s experience, emphasizes that companies must start with “a clear understanding of their mission and values so that their actions are not forgettable or un-ownable.”
There are three major kinds of content to guide your messages:
Informative. Each customer reading your business’s website needs to understand your hours of operation, any limitations to service and what is being done to ensure cleanliness. Providing this information establishes to your customer your seriousness of precautions which will be appreciated during this time.
If your financial situation allows, focus on your employees, donate to charities or offer discounted or free products. Emphasize what the customer needs in this scary time rather than sending another “we care about you” note. By marketing this information, your brand’s scope will bolster with the customer as well.
Useful. Most customers are adhering to social distancing guidelines put forth by their state and the federal government. Now, more than ever, it is important to exhibit to your customers how your brand can be utilized beyond your brick and mortar. Zucker notes how universities are offering free online classes and telecommunication companies are offering two months of free service to low-income families; King Arthur flour is promoting its library of comfort food recipes (yes, please!). Thinking beyond your storefront to put your service or product into your customer’s virtual hands is important.
Entertaining. By each passing day, customers are looking for new stimulation to help the time go by at home. Movie companies are sending theatrical releases to online streaming services. While it isn’t necessary to always make your customers laugh, it might be within your branding to aim for content geared towards warmth, humanity and empathy.
The metric for engaging your customers is changing; moving beyond views and shares to quality feedback or social impact on your community. Do not bite off more than you can chew. Cited in Zucker’s article, Social Media Today warns of virtue signaling or declaring a set of values but not following through on the actual deeds.
This is a fantastic opportunity to consider your marketing strategies for when this crisis ends. What will your business look like once you are able to open the doors? How are you able to stay relevant with your competitors? These are all questions needing answers, but today we must do our best to accomplish what is in front of us.
Read Mat Zucker’s full article here: https://www.forbes.com/sites/matzucker/2020/04/01/content-in-a-crisiswhat-brands-can-deliver/
Copyright: Business Brokerage Press, Inc.
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Economic Injury Disaster Loan (EIDL) Grant FAQ’s
The SBA’s Economic Injury Disaster Loan (EIDL) Program provides small businesses (500 employees or less) and nonprofits with low-interest loans of up to $2 million. The loans can provide vital economic support to small businesses to help overcome the temporary loss of revenue they are experiencing due to COVID-19, according to information posted online by New York state. EIDL interest rates are 3.75% for small businesses and 2.75% for not-for-profits.
Due to the COVID-19 impact on small businesses nationwide, an overwhelming number of loan requests are coming into the GABB’s affiliate banks. Our SBA lenders are working hard to return all emails and phone calls as quickly as possible, and are prioritizing working with their existing customers. We encourage you to contact your lending or depository bank about their participation. For the fastest response time please correspond via email or text.
The law provides that applicants can request up to $10,000; however, it seems that the SBA may scale the advance based on the number of employees an applicant has, according to information posted online by U.S. Sen. Brian Schatz of Hawaii. Based on reports, the SBA may provide $1,000 per employee for up to ten employees. However, SBA has not provided public guidance on how it will determine the amount of the advance. Please check back for updates.
UGA’s Small Business Information Center also is providing information on this program, along with helpful comparisons of the various aid programs available.
New York posted the following information about the EIDL grants on the Empire State Development section of the state website.
As part of the COVID-19 relief effort, borrowers can also apply for an Emergency EIDL Grant from the SBA to request an advance on the loan of up to $10,000.
- SBA will determine the amount of grant based on the information provided by the borrower.
- SBA must distribute the Emergency EIDL within three days of the request.
- The advance will be considered an Emergency EIDL grant.
- The borrower will not be required to pay back the Emergency EIDL Grant even if they are subsequently denied for an EIDL loan.
- In advance of disbursing the advance payment, the SBA will require that the borrower file a certification, under penalty of perjury, that they are eligible to apply for an EIDL loan.
- The Emergency EIDL Grants will end on December 30, 2020.
Who is Eligible to Apply?
The following types of businesses are eligible to apply for the EIDL:
- Small businesses;
- Small agricultural cooperatives,
- Small aquaculture businesses;
- Most private non-profit organizations
- Tribal businesses;
- Cooperative;
- ESOPs with fewer than 500 employees;
- Any individual operating as a sole proprietor; and
- An independent contractor during January 31, 2020 to December 31, 2020.
The SBA generally defines a small business as an entity with 500 employees or less. There are, however, specific size standards depending on the type of business. You can look up the standards for your specific business by NAICS code here.
How to apply:
- Apply directly with the Small Business Administration. Applications can be submitted here.
- Deadline to submit your application is December 21, 2020.
- Businesses are encouraged to submit applications as soon as possible.
FAQ’s
Can I apply for EIDL grants and loans as a sole proprietor, ESOPs, non-profits, or a Tribal business?
•Yes, eligibility has been expanded to include:
- Tribal businesses;
- Cooperative;
- ESOPs with fewer than 500 employees;
- Any individual operating as a sole proprietor; and
- An independent contractor during January 31, 2020 to December 31, 2020.
Can I apply for COVID-19 EIDL with a business operating for less than a year?
- Yes.
Do I need to provide a personal guarantee on EIDL loans?
- The SBA waived any personal guarantee on advances and loans below$200,000.
- For loan amounts over $200,000, the SBA may require personal guarantees.
What are the underwriting criteria for EIDL loans?
- The SBA can approve and offer EIDL loans based solely on an applicant’s credit score or use an appropriate alternative method for determining applicant’s ability to repay.
What can I use the advance payment for?
- Advance payment may be used for:
- Providing paid sick leave to employees;
- Maintaining payroll;
- Meeting increased costs to obtain materials;
- Making rent or mortgage payments; or
- Repaying obligations that cannot be met due to revenue losses.
Will advance payment be deducted from PPP loan forgiveness?
- Yes. If the applicant transfers into a loan made under SBA’s Paycheck Protection Program. The advance payment will be considered when determining loan forgiveness.
When does EIDL grant program end?
The Emergency EIDL Grants will end on December 30, 2020.
ECONOMIC INJURY DISASTER LOAN
What types of businesses are eligible to apply?
- Small businesses;
- small agricultural cooperatives,
- small aquaculture businesses;
- most private non-profit organizations
- Tribal businesses;
- Cooperative;
- ESOPs with fewer than 500 employees;
- Any individual operating as a sole proprietor; and
- An independent contractor during January 31, 2020 to December 31, 2020.
What is the definition of a small business under this program?
- Businesses with 500 or fewer employees. The SBA size standards show by NAICS code for each type of business: https://sba.gov/size-standards
How much can I borrow?
- Businesses may qualify for loans up to $2 million.
- Eligibility is based on the size and type of business.
What are the loan interest rates?
- The interest rate is 3.75% for small businesses.
- The interest rate for non-profits is 2.75%.
How can I use loan funds?
- Loan funds can be used as working capital to pay fixed debts, payroll, accounts payable and other bills that could have been paid had the disaster not occurred.
What is fixed debt?
- Fixed debt is a permanent debt, or a debt continuing for an extended period.
How long do I have to submit my loan documents?
- Submit your application as soon as possible. Applications can be submitted at https://disasterloan.sba.gov/ela/Information/ApplyOnline
- Deadline to submit your application is December 21, 2020.
How can I get assistance with my SBA application?
- Governor Kemp announced a partnership between the University of Georgia Small Business Development Center, the Georgia Department of Community Affairs and the Georgia Department of Economic Development to provide the small businesses of Georgia with assistance during this time of need.
- SBDC: https://nysbdc.org/appointment.html
- EAC: https://esd.ny.gov/sites/default/files/EAC%20Contact%20List%20for%20ES D%20Website%20-%20Sheet1.pdf
- CDFI: https://esd.ny.gov/sites/default/files/CDFI21_ContactList.pdf
As a small business, what documents would I need to submit to prove my business suffered economic injury as a result of the Coronavirus?
- Substantial economic injury occurs when a business concern is unable to meet its obligations as they mature or to pay its ordinary and necessary operating expenses.
- Establishing economic injury is a comparison between the financial information from the period in the prior year to the injury period of the current year (this period must be associated to the disaster and cannot be attributed to a downturn in local economy or other unrelated issues).
- The loans are not intended to replace lost sales or profits, rather they are intended to pay fixed debts, payroll, accounts payable, and other expenses that could have been paid had the disaster not occurred.
How can a business owner document physical presence in the declared disaster area?
- An applicant must show that they have tangible presence such as lease, property address, property tax
- Merely having a P.O. Box in the disaster area would not qualify as a physical presence.
What are the repayment terms of the loan?
- SBA offers loans with long-term repayments in order to keep payments affordable, up to a maximum of 30
- Terms are determined on a case-by-case basis, based upon each borrower’s ability to repay.
Will someone notify an application if information is missing from an application?
- A SBA loan officer works with you to provide all the necessary information needed to reach a loan determination.
- The goal is to arrive at a decision on your application within 2-3 weeks.
How will the business owner know if the loan request has been approved?
- A loan officer will contact you to discuss the loan recommendation and your next
- You will also be advised in writing of all loan decisions.
How quickly can a loan application move to closing and loan funds be disbursed?
- Timing depends on the completeness of the
- An SBA loan officer will work with you to provide all the necessary information needed to reach a loan determination.
- The goal is to arrive at a decision on your application within 2-3 weeks.
- If approved, the SBA will prepare and send your Loan Closing Documents to you for your signature.
- Once they receive your signed Loan Closing Documents, an initial disbursement will be made to you within 5 days for Economic injury- working capital of $25,000).
- A SBA case manager will be assigned to work with you to help you meet all loan conditions.
- They will also schedule subsequent disbursements until you receive the full loan amount.
What if my circumstances change and I need more money than I originally applied for?
- Your SBA loan may be adjusted after closing due to your changing circumstances, such as increasing the loan for unexpected costs or reducing the loan due to additional insurance
- Please contact your SBA case manager for more details.
What if I have an existing SBA Disaster Loan?
- Applicants can have an existing SBA Disaster Loan and still qualify for an Economic Injury Disaster Loan for this disaster, but the loans cannot be consolidated.
What happens if a loan request is denied?
- If the loan request is denied, the applicant will be given up to six months in which to provide new information and submit a written request for reconsideration.
GABB COVID-19 Meeting April 7: Recording
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Temporary Electronic Notaries
By Wendy W. Kraby, Attorney, GDCRlaw.com
For closings or other documents that require the signature of a notary (and/or a witness), Georgia’s governor today has issued an executive order allowing remote notary (Order No. 03.31.20.01).
Witnessing of a signature by a witness or notary may be satisfied by “the use of real-time audio-video communication technology or any similar real-time means of electronic video conferencing that allows all of the parties to communicate with each other simultaneously by sight and sound.”
Such order is only in effect as long as the Executive Order #0.3.14.20.01 declaring a Public Health State Emergency in Georgia is in effect (currently through April 13, 2020), or as may be extended.
However, an electronic notary is only helpful if it is accepted in the marketplace. Will it be accepted by courts, title insurance companies, lenders, or private business?
For instance, one title company will only insure title on recorded title documents under the following ADDITIONAL conditions (above and beyond the limitation placed by the State of Georgia). Some of those requirements include, but are not limited to:
- The lender in any transaction must give written authorization and instructions from any lender and all parties to a transaction.
- Transaction must be 1 to 4 family residential property in Georgia with title insurance not to exceed $2 Million.
- The Notary must be registered in Georgia and physically located in Georgia while witnessing the signing.
- The Notary must sign a certification form issued by the title company
- The document shall be dated by the Notary the date of the signing, not the date the Notary received the original-signed documents.
- The only audio-video technology allowed is Zoom Pro, Zoom Executive or Microsoft Teams.
- A signer must place the signed original documents (and photo ID copy) in an overnight package to the closing Attorney during the audio-video conference in the presence of the Closing Attorney.
- No disbursement of money can occur until the original signed documents are received by the Closing Attorney.
Keep in mind that different title insurance companies and lenders may have different requirements.
It is important that anyone planning to sign remotely when a witness or notary is needed should coordinate with all parties ahead of time, especially with the closing attorney and any lender that may be involved. For more information on how my firm is handling real estate and business closings, see my previous blog post.
Wendy W. Kraby is a business and land development attorney at Gregory, Doyle, Calhoun & Rogers, LLC in Atlanta and is an affiliated professional member of GABB. https://www.gdcrlaw.com/wendy-w-kraby
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