Federal Update
Families First Coronavirus Response Act
On March 18th, President Trump signed the Families First Coronavirus Response Act, the second federal COVID-19 aid bill. The bill contains provisions that would enact relief for people affected by COVID-19 through paid sick leave, unemployment insurance, diagnostic testing, food aid for children and adults, and other policies.
Health Provisions
- Provide states with the option to extend Medicaid eligibility to uninsured populations for the purposes of coronavirus diagnostic testing, matched by the federal government at 100%;
- Create 14 days of emergency paid leave for employees who do not receive sick pay and set additional paid leave and unemployment compensation funding;
- Remove cost sharing and medical management techniques for testing and services related to testing for private health plans, Medicare plans, Medicare Advantage Plans, Medicaid and CHIP plans, TRICARE, Veteran’s health coverage, and for federal civilian workers and Indians receiving purchased or referred care;
- Provide states with a 6.2% Medicaid federal medical assistance percentage (FMAP) increase for all medical services for the duration of the public health emergency, as well as apply the FMAP increase for all medical services for the next two fiscal years by adjusting their caps, as long as states do not make eligibility criteria more restrictive;
- Add technical improvements to Medicare telehealth authority; and
- Codify Department of Health and Human Services (HHS) administrative actions related to temporary liability protections for approved personal respiratory devices under the PREP Act.
Emergency Paid Sick Leave Act
The bill will provide 100% refundable payroll tax credits to certain employers who will be required to provide 80 hours (or 2 weeks) of fully paid leave to full-time employees that take sick leave due to COVID-19. If an employee is subject to quarantine or isolation orders, has been advised by a provider to self-quarantine, or has been experiencing symptoms of COVID-19, an employer will be required to pay their full wages, not exceeding $511 per day or an aggregate of $5,110. If an employee is caring for an individual that falls into one of the first two above categories, is caring for their child, or experiencing a similar condition, an employer will be required to pay two-thirds of their wages, not exceeding $200 per day or an aggregate of $2,000. This provision applies to all public sector employers and private sector employers with less than 500 employees.
Emergency Family and Medical Leave Expansion Act
The bill will require employers to provide ten weeks of paid leave at two-thirds wages, not exceeding $200 per day or an aggregate of $10,000, to employees who are not working because they are caring for their child due to a public health emergency. Similar to the Emergency Paid Sick Leave Act, employers will receive a 100% refundable payroll tax credit for paid wages. Businesses with fewer than 50 employees are exempt from this provision, as well as certain healthcare providers and emergency responders.
Emergency Unemployment Insurance Stabilization and Access
The bill will provide $1 billion emergency administration grants to states for activities related to processing and paying unemployment insurance benefits, $500 million of which would be used to provide immediate additional funding to all states for related staffing, technology, systems, and other administrative costs. For states that experience an increase of 10% or more in their rate of unemployment claims, the federal government will provide 100% funding for Extended Benefits.
The text of the Families First Coronavirus Response Act is available here.
State Updates
Governor Cuomo Issues Executive Order Waiving Licensing Restrictions
Yesterday (March 18th), Governor Cuomo issued an Executive Order to address the COVID-19 emergency with the following provisions, among others:
- Allowing physicians, registered nurses, licensed practical nurses, nurse practitioners, and physician assistants licensed and in current good standing in any state to practice in New York State without penalties related to lack of licensure;
- Allowing physicians licensed and in current good standing but not registered in New York State to practice in New York State without penalties related to lack of registration;
- Reducing requirements related to nursing home procedures for individuals affected by the emergency, including approvals for admission and comprehensive assessments;
- Permitting delayed in-home supervision of home health aides and personal care aides or allowing supervision to be conducted through telephone or video communication;
- Extending the time in which home care services entities must submit information to the Home Care Worker Registry;
- Preventing transportation to and attendance at adult day care programs;
- Allowing for abbreviated training of direct support professionals employed in programs and facilities that serve individuals with intellectual/developmental disabilities (I/DD) that are experiencing staff shortages;
- Permitting providers to temporarily deviate from a service plan of an individual with I/DD or relocating individuals with I/DD to maintain their health and safety during the emergency; and
- Exempting child care programs from having to comply with regulations of the Office of Children and Family Services (OCFS).
The Executive Order is available here.
Governor Cuomo Signs Paid Leave Bill
Yesterday (March 18th), Governor Cuomo signed into law the paid leave bill for New Yorkers who are subject to mandatory or precautionary quarantine by a government authority (A. 10152/S. 8090). The provisions are unchanged from SPG’s previous updates.
New York State Guidance Documents
The Centers for Medicare and Medicaid Services (CMS) and the New York State Department of Health (DOH) have released the following guidance documents for providers related to COVID-19: