Common use of Medical Expenses Clause in Contracts

Medical Expenses. The COVID–19 public health emergency continues to have devastating effects on public health; the United States continues to average hundreds of deaths per day and the spread of new COVID–19 variants has raised new risks and genomic surveillance needs.43 Moreover, our understanding of the potentially serious and long-term effects of the virus is growing, including the potential for symptoms like shortness of breath to continue for weeks or months, for multi- organ impacts from COVID–19, or for post-intensive care syndrome.44 State and local governments may need to continue to provide care and services to address these near- and longer-term needs.45 Strategy for K–12 Schools through Phased Prevention, available at xxxxx://xxx.xxx.xxx/ coronavirus/2019-ncov/community/schools- childcare/operation-strategy.html. 41 Many of these expenses were also eligible in the CRF. Generally, funding uses eligible under CRF as a response to the direct public health impacts of COVID–19 will continue to be eligible under the ARPA, including those not explicitly listed here (e.g., telemedicine costs, costs to facilitate compliance with public health orders, disinfection of public areas, facilitating distance learning, increased solid waste disposal needs related to PPE, paid sick and paid family and medical leave to public employees to enable compliance with COVID–19 public health precautions), with the following two exceptions: (1) The standard for eligibility of public health and safety payrolls has been updated (see section II.A of this SUPPLEMENTARY INFORMATION) and (2) expenses related to the issuance of tax-anticipation notes are no longer an eligible funding use (see discussion of debt service in section II.B of this SUPPLEMENTARY INFORMATION). 42 Coronavirus Relief Fund for States, Tribal Governments, and Certain Eligible Local Governments, 86 FR 4182 (Jan. 15, 2021), available at xxxxx://xxxx.xxxxxxxx.xxx/system/files/136/CRF- January–May 2020, Morb. Mort. Wkly. Rep. Guidance-Federal-Register_2021-00827.pdf. 70(5):155–61 (Feb. 5, 2021), xxxxx://xxx.xxx.xxx/ mmwr/volumes/70/wr/mm7005a2.htm; Xxxxx X. Xxxxxx & Xxxxxxx X. Xxxxx, Health Justice Strategies to Combat COVID–19: Protecting Vulnerable Communities During a Pandemic, Health Affairs Blog (Mar. 19, 2020), xxxxx://xxx.xxxxxxxxxxxxx.xxx/ do/10.1377/hblog20200319.757883/full/. 39 See, e.g., Centers for Disease Control and Prevention, supra note 34; Xxxxxx & Xxxxx, supra note 38; Xxxxxxxxx X. Xxxxx et al., Disparities in COVID–19 Incidence, Hospitalizations, and Testing, by Area-Level Deprivation—Utah, March 3–July 9, 2020, Morb. Mortal. Wkly. Rep. 69(38):1369–73 (Sept. 25, 2020), xxxxx://xxx.xxx.xxx/mmwr/ volumes/69/wr/mm6938a4.htm. 40 This includes implementing mitigation strategies consistent with the Centers for Disease Control and Prevention’s (CDC) Operational 43 Centers for Disease Control and Prevention,

Medical Expenses. The COVID–19 public health emergency continues to have devastating effects on public health; the United States continues to average hundreds of deaths per day and the spread of new COVID–19 variants has raised new risks and genomic surveillance needs.43 Moreover, our understanding of the potentially serious and long-term effects of the virus is growing, including the potential for symptoms like shortness of breath to continue for weeks or months, for multi- organ impacts from COVID–19, or for post-intensive care syndrome.44 State and local governments may need to continue to provide care and services to address these near- and longer-term needs.45 Strategy for K–12 Schools through Phased Prevention, available at xxxxx://xxx.xxx.xxx/ coronavirus/2019-ncov/community/schools- childcare/operation-strategy.html. 41 Many of these expenses were also eligible in the CRF. Generally, funding uses eligible under CRF as a response to the direct public health impacts of COVID–19 will continue to be eligible under the ARPA, including those not explicitly listed here (e.g., telemedicine costs, costs to facilitate compliance with public health orders, disinfection of public areas, facilitating distance learning, increased solid waste disposal needs related to PPE, paid sick and paid family and medical leave to public employees to enable compliance with COVID–19 public health precautions), with the following two exceptions: (1) The standard for eligibility of public health and safety payrolls has been updated (see section II.A of this SUPPLEMENTARY INFORMATION) and (2) expenses related to the issuance of tax-anticipation notes are no longer an eligible funding use (see discussion of debt service in section II.B of this SUPPLEMENTARY INFORMATION). 42 Coronavirus Relief Fund for States, Tribal Governments, and Certain Eligible Local GovernmentsXxxxx Xxxxxxxxxxx, 86 FR 4182 00 XX 0000 (Jan. Xxx. 15, 2021), available at xxxxx://xxxx.xxxxxxxx.xxx/system/files/136/CRF- January–May 2020, Morb. Mort. Wkly. Rep. Guidance-Federal-Register_2021-00827.pdf. 70(5):155–61 (Feb. 5, 2021), xxxxx://xxx.xxx.xxx/ mmwr/volumes/70/wr/mm7005a2.htm; Xxxxx X. Xxxxxx & Xxxxxxx X. Xxxxx, Health Justice Strategies to Combat COVID–19: Protecting Vulnerable Communities During a Pandemic, Health Affairs Blog (Mar. 19, 2020), xxxxx://xxx.xxxxxxxxxxxxx.xxx/ do/10.1377/hblog20200319.757883/full/. 39 See, e.g., Centers for Disease Control and Prevention, supra note 34; Xxxxxx & XxxxxWiley, supra note 38; Xxxxxxxxx X. Xxxxx et al., Disparities in COVID–19 Incidence, Hospitalizations, and Testing, by Area-Level Deprivation—Utah, March 3–July 9, 2020, Morb. Mortal. Wkly. Rep. 69(38):1369–73 (Sept. 25, 2020), xxxxx://xxx.xxx.xxx/mmwr/ volumes/69/wr/mm6938a4.htm. 40 This includes implementing mitigation strategies consistent with the Centers for Disease Control and Prevention’s (CDC) Operational 43 Centers for Disease Control and Prevention,

Medical Expenses. The COVID–19 public health emergency continues to have devastating effects on public health; the United States continues to average hundreds of deaths per day and the spread of new COVID–19 variants has raised new risks and genomic surveillance needs.43 Moreover, our understanding of the potentially serious and long-term effects of the virus is growing, including the potential for symptoms like shortness of breath to continue for weeks or months, for multi- organ impacts from COVID–19, or for post-intensive care syndrome.44 State and local governments may need to continue to provide care and services to address these near- and longer-term needs.45 Strategy for K–12 Schools through Phased Prevention, available at xxxxx://xxx.xxx.xxx/ coronavirus/2019-ncov/community/schools- childcare/operation-strategy.html. 41 Many of these expenses were also eligible in the CRF. Generally, funding uses eligible under CRF as a response to the direct public health impacts of COVID–19 will continue to be eligible under the ARPA, including those not explicitly listed here (e.g., telemedicine costs, costs to facilitate compliance with public health orders, disinfection of public areas, facilitating distance learning, increased solid waste disposal needs related to PPE, paid sick and paid family and medical leave to public employees to enable compliance with COVID–19 public health precautions), with the following two exceptions: (1) The standard for eligibility of public health and safety payrolls has been updated (see section II.A of this SUPPLEMENTARY INFORMATION) and (2) expenses related to the issuance of tax-anticipation notes are no longer an eligible funding use (see discussion of debt service in section II.B of this SUPPLEMENTARY INFORMATION). 42 Coronavirus Relief Fund for States, Tribal Governments, and Certain Eligible Local Governments, 86 FR 4182 (Jan. 15, 2021), available at xxxxx://xxxx.xxxxxxxx.xxx/system/files/136/CRF- January–May 2020, Morb. Mort. Wkly. Rep. Guidance-Federal-Register_2021-00827.pdf. 70(5):155–61 (Feb. 5, 2021), xxxxx://xxx.xxx.xxx/ mmwr/volumes/70/wr/mm7005a2.htm; Xxxxx X. Xxxxxx & Xxxxxxx X. Xxxxx, Health Justice Strategies to Combat COVID–19: Protecting Vulnerable Communities During a Pandemic, Health Affairs Blog (Mar. 19, 2020), xxxxx://xxx.xxxxxxxxxxxxx.xxx/ do/10.1377/hblog20200319.757883/full/. 39 See, e.g., Centers for Disease Control and Prevention, supra note 34; Xxxxxx & XxxxxWiley, supra note 38; Xxxxxxxxx X. Xxxxx et al., Disparities in COVID–19 Incidence, Hospitalizations, and Testing, by Area-Level Deprivation—Utah, March 3–July 9, 2020, Morb. Mortal. Wkly. Rep. 69(38):1369–73 (Sept. 25, 2020), xxxxx://xxx.xxx.xxx/mmwr/ volumes/69/wr/mm6938a4.htm. 40 This includes implementing mitigation strategies consistent with the Centers for Disease Control and Prevention’s (CDC) Operational 43 Centers for Disease Control and Prevention,