FEDERAL NEWS
Update on Employee Leave Provisions During COVID
As COVID case numbers surge dramatically, LeadingAge members have asked for an update on employee leave provisions, in case staff test positive, have a family member who tests positive or is ill, or have to miss work for other reasons related to COVID. Here’s a quick review of the state of the play with employee leave provisions, including those expired, soon to expire, and still in effect.
Families First Coronavirus Response Act (FFCRA)
- The FFCRA was enacted in March 2020. The FFCRA required mandatory paid leave (Emergency Paid Sick Leave Act and Emergency Family Medical Leave Extension Act) for employees related to COVID-19. The provisions applied to employers with 500 or fewer employees
- The FFRCA leave provisions were structured as a refundable tax credits for employers to cover 2 weeks of sick leave and up to 10 weeks of Emergency Family Medical Leave. There were six qualifying conditions for this leave.
- The FFRCA leave provisions expired on December 31, 2020
American Rescue Plan Act (ARPA)
- Effective April 1, 2021, the ARPA extended the tax credits available under FFCRA on a voluntary basis for qualifying events. This extension also added three additional qualifying conditions for the leave provisions. See the IRS guidance and overview of the ARPA for more details.
- These leave benefits and tax credits were extended through September 20, 2021.
Occupational Safety and Health Administration Emergency Temporary Standard (OSHA ETS) – Medical Removal Protection Benefits
- Under the OSHA ETS for healthcare settings providers must pay regular pay and benefits, up to $1,400 per week, for employees that miss work due to a COVID-19 diagnosis or known exposure to those with COVID-19.
- This ETS applies to healthcare settings with more than 10 employees. The medical removal benefit applies unless the employee meets return to work criteria or refuses to be tested for COVID-19. For employers with less than 500 employees, that amount is reduced beginning in the third week of removal to two-thirds of the regular pay and benefits, up to $200 per day
- Providers may require use of paid sick leave, PTO, or other applicable leave under your policies and procedures.
- Employers must provide “reasonable time and paid leave” to any employee who receives a COVID-19 vaccine and/or experiences side effects following vaccination. The ETS does not define or give examples of “reasonable time or paid leave”
Details About Project ECHO Payments to Nursing Homes that Participated
Project ECHO invoices are being processed now. Nursing home providers who participated in Project ECHO cohorts, qualify for payments, and have questions should reach out to their training center to make sure they have documentation of the provider’s participation. Each training center has a list of its participating nursing homes, including what stage of the compensation process they are in and what, if anything is still needed from the provider. The reports are updated every Monday and Wednesday. Alternatively, providers can write to the ECHO nursing home box (ECHONursingHome@salud.unm.edu) to check on their status. Project ECHO staff are actively reaching out to those who have not yet signed contracts and those who have a contract but need to send in final documentation and invoicing.
HHS Webinar on Monoclonal Antibodies
Please join an important webinar NEXT TUESDAY focusing on how monoclonal antibodies and other therapeutics can help prevent serious illness from COVID-19. This webinar will feature Michael R. Anderson, MD, a Senior Advisor to HHS’ Assistant Secretary for Preparedness and Response (ASPR). Dr. Anderson will share updates on available COVID-19 therapeutics including medication efficacy, new administration routes and novel treatments in the pipeline, fee reimbursement resources, and provider and patient tools and fact sheets. Dr. Anderson and HRSA representatives will also be available for a Q&A to answer providers’ questions about these important COVID-19 therapies.
The Critical Role of Monoclonal Antibodies as the COVID-19 Pandemic Continues
Tuesday, August 10
3:00-4:00 PM CT
Join the day of the session
If you prefer to join by phone: 833-568-8864
When prompted, enter meeting/webinar ID: 160 055 0780 and passcode: 828587
LEADINGAGE KANSAS NEWS
Our Weekly Webinars Return Next Friday
Make plans to join us each Friday at 10 AM. Register here. Let Nicole if you have specific topics we should add to the agenda.
LEADINGAGE NATIONAL NEWS
Upcoming Policy Update Calls
More analyses of what’s going on with Delta and what it means for aging services providers and a provider who dealt with a small breakthrough cluster. All calls are at 2:30 PM Central.
- On Monday, August 9th, Dr. David Dowdy of Johns Hopkins University will join the call. He’s frequently quoted in the national media and will discuss breakthrough infections and how to prevent them, as well as share modeling on the surge and talk about who is getting sick and how sick they are getting.
- On Wednesday, August 11th, we will talk with Courtney Wood from Masonicare in Connecticut. The organization had a small cluster of breakthrough infections in vaccinated residents. Courtney will talk with us about the experience and describe how the organization dealt with it. We hope her experience will help other members think about the steps they need to take to be ready for the possibility of breakthrough infections in terms of communication with residents, staff, and family members, as well as clinical steps and regulatory and reporting considerations. If you haven’t registered for the calls, you can do so here.