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Impacts. The final rule consolidates all COVID-19 mitigation and prevention within Public <br />Health. <br />Public Comment: Treasury has received multiple comments and questions about which <br />eligible use permits the recipient to provide assistance to businesses and nonprofits to address the <br />public health impacts of COVID-19. <br />Treasury Response: In the final rule, these services have been re -categorized under <br />COVID-19 mitigation and prevention to reflect the fact that this assistance responds to public <br />health impacts of the pandemic rather than the negative economic impacts to a small business, <br />nonprofit, or impacted industry. When providing COVID-19 mitigation and prevention services, <br />recipients can identify the impacted entity as small businesses, nonprofits, or businesses in <br />impacted industries in general. As with all enumerated eligible uses, recipients may presume that <br />all COVID-19 mitigation and prevention programs and services are reasonably proportional <br />responses to the harm identified unless a response is grossly disproportionate to the type or <br />extent of harm experienced. Note that capital expenditures are not considered "programs and <br />services" and are not presumed to be reasonably proportional responses to an identified harm <br />except as provided in section Capital Expenditures in General Provisions: Other. In other words, <br />recipients can provide any COVID-19 prevention or mitigation service to small businesses, <br />nonprofits, and businesses in impacted industries without any further analysis of impacts of the <br />pandemic on those entities and whether the service is responsive. <br />In some cases, this means that an entity not otherwise eligible to receive assistance to <br />respond to negative economic impacts of the pandemic, for example an entity that did not <br />experience a negative economic impact, may still be eligible to receive assistance under this <br />category for COVID-19 mitigation and prevention services. <br />63 <br />