Home Health & Hospice Week

Finance:

PPP Loan Portal Open For Business Again

Simplified 1-page application should be coming soon.

Whether you’re applying for a Paycheck Protection Program loan for the first time or are seeking a “second draw,” the Small Business Administration’s COVID-19 relief program is once again open for business.

Recap: The latest COVID-19 relief package signed into law on Dec. 27, 2020, puts $284 billion more in PPP funding up for grabs for eligible providers. Although PPP loans will mostly look the same as in the first round last year, there are some significant differences such as allowing borrowers to receive second-draw loans and allowing more expenses to count toward eligibility for forgiveness (see HCW by AAPC, Vol. XXX, No. 2 for more details).

As required by law, the SBA issued an interim final rule on Jan. 6 implementing the now-named Economic Aid Act PPP provisions. “In reality, there is not much new in the IFR that was not addressed in the Economic Aid Act,” notes Stephen Thimons with financial advising firm Schneider Downs in online analysis.

However: The SBA issued another rule on PPP loan forgiveness that does offer a little more clarity on one point, note attorneys with law firm Seyfarth in online analysis. “Your ‘loan forgiveness covered period’ is the period beginning on the date the lender disburses the PPP loan and ending on any date selected by the borrower that occurs during the period (i) beginning on the date that is 8 weeks after the date of disbursement and (ii) ending on the date that is 24 weeks after the date of disbursement,” the rule says.

In other words, “PPP borrowers can select a covered period that ends at any point between 8 weeks and 24 weeks after loan disbursement, without having to choose between 8 and 24 weeks,” the Seyfarth lawyers highlight.

Another important point of confirmation comes on the loan forgiveness simplification process. “To the joy of many PPP borrowers and lenders, the Economic Aid Act provides that the SBA will release a single page certification form to be completed by borrowers of PPP loans of $150,000 or less,” says attorney Christine Price with law firm Moritt Hock & Hamroff in online legal analysis. The former threshold for the simplified forgiveness process formerly was $10,000. “This will greatly expedite the loan forgiveness application process for over 86 percent of First Draw Loan borrowers … by reducing the paperwork, time, and expense that borrowers (and lenders alike) have to spend on the forgiveness application,” Price says.

Timeline: “The SBA has to release this single page certification form on or before January 20, 2021,” Price notes. “For those borrowers with loans greater than $150,000 the loan forgiveness process remains unchanged,” she adds.

Beware: While the one-page forgiveness application with the much higher threshold will make life easier for many, it doesn’t leave you totally off the hook for documenting your forgiveness eligibility. “Borrowers must maintain all relevant documentation,” even if they don’t submit it, the Seyfarth attorneys caution.

On the front end, “we anticipate that [the loan application] process will be significantly more streamlined than it was last April due to many lenders having the experience and an established platform to provide these loans to their customers,” says Emir Hodzic with VonLehman & Co. A revised five-page first draw loan application and a six-page second draw loan application are now available on the SBA website.

Another area for streamlining is in the ability of second-draw applicants to use their documentation from their first-draw loans to prove payroll expenses. “The substantiation of payroll cost has been made quite a bit easier for Second Draw Loans if the borrower uses calendar year 2019 figures instead of calendar year 2020 and obtains the loan through the same lender,” Hodzic explains. “In those cases, there is no additional documentation necessary."

Tip: “Borrowers should consider the ease of obtaining the loan through their existing lender versus another lender when applying for a Second Draw Loan,” Hodzic advises.

Other points confirmed in the rules and instructions include:

  • Lenders. PPP loans are available first exclusively through community financial institutions. “PPP will open to all participating lenders shortly,” notes the National Association for Home Care & Hospice.
  • Revenue reduction. One of the eligibility criteria for a second-draw loan is showing that revenues have dropped 25 percent under the covered period. The rule specifies that reduction will be measured by comparing gross receipts between comparable quarters in 2019 and 2020, the SBA notes in its release.
  • Economic Injury Disaster Loans. EIDL loans no longer count against a provider’s loan forgiveness. “The Economic Aid Act repealed the CARES Act provision requiring SBA to deduct EIDL Advance Amounts received by borrowers from the forgiveness payment amounts remitted by SBA to the lender,” explains the PPP revisions rule. “The EIDL Advance Amount received by the borrower will not reduce the amount of forgiveness to which the borrower is entitled and will not be deducted from the forgiveness payment amount that SBA remits to the lender. Any EIDL Advance Amounts previously deducted from a borrower’s forgiveness amount will be remitted to the lender, together with interest to the remittance date.”

While the new 82- and 42-page IFRs, not to mention updated websites and instructions, may seem like enough to chew on, there’s more on the way. “Additional regulations, FAQs, and loan applications … are expected to be issued in the coming days by the U.S. Small Business Administration,” notes attorney Jennifer Audeh with law firm Foley Hoag. 

Note: Links to the IFRs are in the SBA release at www.sba. gov/article/2021/jan/08/sba-treasury-announce-ppp-re-opening-issue-new-guidance. Links to PPP resources including information on first draw and second draw loans, as well as loan forgiveness, are at www.sba.gov/funding-programs/loans/coronavirus-relief-options/paycheck-protection-program.

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