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and, second, identify how the program, service, or other intervention addresses the identified <br />need or impact [....] [E]ligible uses under this category must be in response to the disease itself <br />or the harmful consequences of the economic disruptions resulting from or exacerbated by the <br />COVID-19 public health emergency." The enumerated eligible uses were presumed to meet this <br />criterion. <br />With respect to uses not specifically enumerated in the interim final rule as eligible public <br />health responses, the interim final rule stated that, "[t]o assess whether additional uses would be <br />eligible under this category, recipients should identify an effect of COVID-19 on public health, <br />including either or both of immediate effects or effects that may manifest over months or years, <br />and assess how the use would respond to or address the identified need." <br />With respect to uses not specifically enumerated in the interim final rule as eligible <br />responses to a negative economic impact of the public health emergency, the interim final rule <br />stated that "[e] ligible uses that respond to the negative economic impacts of the public health <br />emergency must be designed to address an economic harm resulting from or exacerbated by the <br />public health emergency. In considering whether a program or service would be eligible under <br />this category, the recipient should assess whether, and the extent to which, there has been an <br />economic harm, such as loss of earnings or revenue, that resulted from the COVID-19 public <br />health emergency and whether, and the extent to which, the use would respond to or address this <br />harm.' 7 A recipient should first consider whether an economic harm exists and whether this harm <br />was caused or made worse by the COVID-19 public health emergency." The interim final rule <br />went on to say that: "In addition, the eligible use must `respond to' the identified negative <br />economic impact. Responses must be related and reasonably proportional to the extent and type <br />17 In some cases, a use may be permissible under another eligible use category even if it falls outside the scope of <br />section (c)(1)(A) of section 602 and 603 of the Social Security Act. <br />15 <br />