Louisiana State Medical Society
COVID-19 Bulletin #19 (5/6/2020)
May 6, 2020 by Chris LeBouef

Legislative Update: HB 864 - APRN Full Practice Authority / HB 702 Physician Assistants

A huge thank you to all members who responded so quickly to our call-to-action on HB 864 which grants full independent authority to Advanced Practice Registered Nurses. 

Due to your overwhelming opposition and communication to Health and Welfare Committee members, Rep. Barry Ivey has voluntarily deferred his bill, meaning he chose not to debate the legislation or ask for a vote today. We will meet with him in the next few days to discuss physician opposition to the concept. Please stay tuned and be ready to voice your opposition should the author decide to reschedule his bill.
Also on today's agenda was an effort by Physician Assistants to change their employment status from supervisory to collaborative. LSMS worked with Chairman Bagley to remove all language relating to liability and collaboration from HB 702. At present, the bill only authorizes PAs to be able to give orders to LPNs, which was an oversight in the statute. We will continue to closely monitor this bill throughout the session to ensure it remains in its current form.

These advocacy efforts are great examples of strength in numbers when communicating with legislators regarding bills that will directly impact your profession. Please encourage your colleagues to join LSMS and be part of our success by visiting lsms.org/joinLSMS.

Payroll Protection Program Guidance Relative To Self-Employed Individuals

In accordance with the Rules and Regulations provided within the Federal Registry (click here), you are eligible for a PPP loan if: (i) You were in operation on February 15, 2020; (ii) you are an individual with self-employment income (such as an independent contractor or a sole proprietor); (iii) your principal place of residence is in the United States; and (iv) you filed or will file a Form 1040 Schedule C for 2019. However, if you are a partner in a partnership, you may not submit a separate PPP loan application for yourself as a self-employed individual. Instead, the self-employment income of general active partners may be reported as a payroll cost, up to $100,000 annualized, on a PPP loan application filed by or on behalf of the partnership. Partnerships are eligible for PPP loans under the Act, and the Administrator has determined, in consultation with the Secretary of the Treasury (Secretary), that limiting a partnership and its partners (and an LLC filing taxes as a partnership) to one PPP loan is necessary to help ensure that as many eligible borrowers as possible obtain PPP loans before the statutory deadline of June 30, 2020. This limitation will allow lenders to more quickly process applications and lower the burdens of applying for partnerships/partners. The Administrator has further determined that permitting partners to apply as self-employed individuals would create unnecessary confusion regarding which entity, the partner or the partnership, applies for partner and LLC member income, and would generate loan proceeds use coordination and allocation issues. Rent, mortgage interest, utilities, and other debt service are generally incurred at the partnership level, not partner level, so it is most natural to provide the funds for these expenses to the partnership, not individual partners. In addition, you should be aware that participation in the PPP may affect your eligibility for state-administered unemployment compensation or unemployment assistance programs, including the programs authorized by Title II, Subtitle A of the CARES Act, or CARES Act Employee Retention Credits.

LSMS T-Shirt Fundraiser

NEW DESIGN (below)- Sales run through Friday, May 15, 2020! Click here to order now! Thank you for your continued support!

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