Message from George: Latest COVID-19 News: Families First Response Act (FFCRA)

LeadingAge Texas Members,

On Sunday, the U.S. Department of Labor added 20 new questions to their document on the Families First Response Act (FFCRA). Especially critical for members is the question below:

#56: Who is a “health care provider” who may be excluded by their employer from paid sick leave and/or expanded family and medical leave?

For the purposes of employees who may be exempted from paid sick leave or expanded family and medical leave by their employer under the FFCRA, a health care provider is anyone employed at any doctor’s office, hospital, health care center, clinic, post-secondary educational institution offering health care instruction, medical school, local health department or agency, nursing facility, retirement facility, nursing home, home health care provider, any facility that performs laboratory or medical testing, pharmacy, or any similar institution, employer, or entity. This includes any permanent or temporary institution, facility, location, or site where medical services are provided that are similar to such institutions.

This definition includes any individual employed by an entity that contracts with any of the above institutions, employers, or entities institutions to provide services or to maintain the operation of the facility. This also includes anyone employed by any entity that provides medical services, produces medical products, or is otherwise involved in the making of COVID-19 related medical equipment, tests, drugs, vaccines, diagnostic vehicles, or treatments. This also includes any individual that the highest official of a state or territory, including the District of Columbia, determines is a health care provider necessary for that state’s or territory’s or the District of Columbia’s response to COVID-19.

To minimize the spread of the virus associated with COVID-19, the Department encourages employers to be judicious when using this definition to exempt health care providers from the provisions of the FFCRA.

This is some relatively good news in that most of your nursing facility staff, assisted living staff, and possibly others will be exempt from this requirement. LeadingAge updated their FAQ on New Paid Sick Leave and FMLA Leave in FFCRA document accordingly.

I’d also like to alert you to a few more important things: 

• LeadingAge Texas has prepared a statement on Dallas County Judge Clay Jenkins' Order Regarding Long Term Care Facilities. We encourage you to utilize this document to respond to media inquiries.

•Governor Abbott announced Approval of 1135 Medicaid Waiver.

•As a 501c3 Health Care Institution your organization is eligible for FEMA recovery grant assistance in response to COVID-19; review the next steps on applying for FEMA assistance.

We continue to provide input and monitor state and federal authorities in response to our members’ concerns. Please continue to check our COVID-19 Resources page, stay connected, ask questions, and let us know how we can be of further assistance.

George Linial, CAE, CASP
President & CEO, LeadingAge Texas