ARPA-21 extended the coronavirus-related unemployment and the Families First . Virtual & Las Vegas | June 11-14, 2023. Under section 223(d)(2) of the Code, qualified medical expenses are medical expenses incurred by an individual (or the individual's spouse or dependent) "but only to the extent such amounts are not compensated for by insurance or otherwise." , endstream endobj startxref The content and links on www.NatLawReview.comare intended for general information purposes only. The Families First Coronavirus Response Act (FFCRA or Act) requires certain employers to provide their employees with paid sick leave and expanded family and medical leave for specified reasons related to COVID-19. "Many smaller employers are facing serious economic challenges and may not be able to afford to give additional paid leave.". Find the latest news and members-only resources that can help employers navigate in an uncertain economy. hb```,B cb G Murray noted it's possible that Congress could again extend the tax subsidies. On March 11, 2021, one year after the pandemic began in the United States, Congress passed and President Biden signed the American Rescue Plan Act of 2021 (ARPA-21). X,dbZp!K8'vQ=t#"/`p]o.a@"w -~ip*00W^z` @ Up to 10 weeks of paid, job-protected leave under the Emergency Family and Medical Leave Expansion Act (EFMLEA) for employees who worked for at least 30 days and were unable to work due to the unavailability of a child care provider and the need to care for a child whose school was closed due to COVID-19. }); if($('.container-footer').length > 1){ Financial Institutions & Creditors' Rights, Discrimination, Harassment, and Abusive Conduct, 80 hours of COVID-19 related paid sick leave to employees under the Emergency Paid Sick Leave Act (EPSLA); and. Please purchase a SHRM membership before saving bookmarks. As employerswill recall, the FFCRA tax credit had been extended through March 31, 2021 to qualifying employers that voluntarily chose to continue to provide Emergency Paid Sick Leave (EPSL) or Emergency Paid Family Leave (EPFL). The employee is recovering from complications due to receiving the vaccine. hb```,r cb`Cr* UtDb1${#m^[ @(ba820 Now with the spread of the COVID-19 delta variant, they're considering resuming voluntary FFCRA leave. ARPA also amended FFCRA to make a tax credit available during that period for these additional reasons: "The only currently existing needs for leave that were covered by the FFCRA are because of the employee's own illness, for an unvaccinated employee to quarantine following exposure, to care for a family member who is ill or quarantined, to obtain a vaccine, and to recover from the adverse effects of a vaccine," Ong said. var temp_style = document.createElement('style'); }); if($('.container-footer').length > 1){ Under the EFML Expansion Act, employees were eligible for an additional 10 weeks of family leave paid at two-thirds of their regular wages to care for a child whose school or place of care is closed or whose child care provider is unavailable because of COVID-19. Such a policy could include requiring reasonable documentation of proof of purchase that clearly identifies the product and seller, such as a UPC code or other serial number, original receipt from the seller of the test, or other documentation for the OTC COVID-19 test to verify that the item qualifies for coverage under section 6001 of FFCRA, or a requirement that the participant, beneficiary, or enrollee attest that the test has not been (and will not be) reimbursed by another source (including through resale). OSHA stated that it was concerned that employees who were forced to use their sick leave or vacation leave for vaccination would opt not to get the vaccine. When implementing an in-person mechanism, a plan or issuer must ensure that participants, beneficiaries, or enrollees have access to OTC COVID-19 tests through an adequate number of locations (which could include pharmacies and other retailers, or independent distribution sites set up by, or on behalf of, a plan or issuer). and are registered trademarks of Hopkins & Carley, a law corporation. Murray cautioned it's possible that by denying leave for employees during certain periods and allowing it in other periods within the same quarter, an employer may inadvertently make leave more available to higher-compensated, full-time or more permanent employees, which would violate ARPA. A locked padlock var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); As a result, the Medicaid continuous enrollment condition will end on March 31, 2023. .h1 {font-family:'Merriweather';font-weight:700;} This would include booster shots, as there isn't a limit on the number of vaccinations for COVID-19 or specification of which ones are covered. .manual-search ul.usa-list li {max-width:100%;} On December 21, 2020, both the House and the Senate voted to pass a new $900 billion stimulus bill, sending it to the President's desk for signature. Plans and issuers must provide coverage for such tests without cost-sharing requirements, prior authorization, or other medical management requirements in accordance with section 6001 of the FFCRA with respect to such tests purchased on or after January 15, 2022, during the public health emergency. Stay up to date on the latest news, alerts, events and legal insights: Copyright 2023Hopkins & Carley. Back to top Is my employer required to give me paid leave under the FFCRA? Pursuant to the authority in Section 2202(a) of the Families First Coronavirus Response Act (the FFCRA) (), as extended by the Continuing Appropriations Act, 2021 and Other Extensions Act (), and based on the exceptional circumstances of this public health emergency, the Food and Nutrition Service (FNS) is extending a nationwide waiver for area eligibility to continue supporting access to . the employee is recovering from any injury, disability, illness, or condition related to such immunization after public health emergency. Therefore, employers must pay close attention to the provisions under the updated and original regulations. Reason 4 If employees are caring for an individual who is subject to a federal, state, or local quarantine or isolation order related to COVID-19 or has been advised by a health care provider to self-quarantine due to COVID-19 related concerns. A federal government managed website by theCenters for Medicare & Medicaid Services.7500 Security Boulevard Baltimore, MD 21244, An official website of the United States government, Improving Care for Medicaid Beneficiaries with Complex Care Needs and High Costs, Promoting Community Integration Through Long-Term Services and Supports, Eligibility & Administration SPA Implementation Guides, Medicaid Data Collection Tool (MDCT) Portal, Using Section 1115 Demonstrations for Disaster Response, Home & Community-Based Services in Public Health Emergencies, Unwinding and Returning to Regular Operations after COVID-19, Communications Resources and Speaking Requests, Medicaid/Marketplace Coordination Resources, Medicaid and CHIP Eligibility & Enrollment Webinars, Affordable Care Act Program Integrity Provisions, Medicaid and CHIP Quality Resource Library, Lawfully Residing Immigrant Children & Pregnant Women, Home & Community Based Services Authorities, January 2023 Medicaid & CHIP Enrollment Data Highlights, Medicaid Enrollment Data Collected Through MBES, Performance Indicator Technical Assistance, 1115 Demonstration Monitoring & Evaluation, 1115 Substance Use Disorder Demonstrations, Coronavirus Disease 2019 (COVID-19): Section 1115 Demonstrations, Seniors & Medicare and Medicaid Enrollees, Medicaid Third Party Liability & Coordination of Benefits, Medicaid Eligibility Quality Control Program, State Budget & Expenditure Reporting for Medicaid and CHIP, CMS-64 FFCRA Increased FMAP Expenditure Data, Actuarial Report on the Financial Outlook for Medicaid, Section 223 Demonstration Program to Improve Community Mental Health Services, Medicaid Information Technology Architecture, Medicaid Enterprise Certification Toolkit, Medicaid Eligibility & Enrollment Toolkit, SUPPORT Act Innovative State Initiatives and Strategies, SUPPORT Act Provider Capacity Demonstration, State Planning Grants for Qualifying Community-Based Mobile Crisis Intervention Services, Early and Periodic Screening, Diagnostic, and Treatment, Vision and Hearing Screening Services for Children and Adolescents, Alternatives to Psychiatric Residential Treatment Facilities Demonstration, Testing Experience & Functional Tools demonstration, Medicaid MAGI & CHIP Application Processing Time, Medicaid Continuous Enrollment Condition Changes, Conditions for Receiving the FFCRA Temporary FMAP Increase, Reporting Requirements, and Enforcement Provisions in the Consolidated Appropriations Act, 2023, Medicaid Continuous Enrollment Requirement Provisions in the Consolidated Appropriations Act, 2023, COVID-19 Public Health Emergency Unwinding Frequently Asked Questions for State Medicaid and CHIP Agencies, Ending Coverage in the Optional COVID-19 Group: Preparing States for the End of the Public Health Emergency, Promoting Continuity of Coverage and Distributing Eligibility and Enrollment Workload in Medicaid, the Childrens Health Insurance Program (CHIP), and Basic Health Program (BHP) Upon Conclusion of the COVID-19 Public Health Emergency, Updated Guidance Related to Planning for the Resumption of Normal State Medicaid, Childrens Health Insurance Program (CHIP), and Basic Health Program (BHP) Operations Upon Conclusion of the COVID-19 Public Health Emergency, State Health Office Letter:Planning for the Resumption of Normal State Medicaid, Childrens Health Insurance Program (CHIP), and Basic Health Program (BHP) Operations Upon Conclusion of the COVID-19 Public Health Emergency, COVID-19 PHE Unwinding Section 1902(e)(14)(A) Waiver Approvals, COVID-19 Continuous Enrollment Condition Data Reporting, Resources to Support State Implementation of Renewal Mitigation Strategies, Ensuring Continuity of Coverage and Preventing Inappropriate Terminations Part 2, Ensuring Continuity of Coverage and Preventing Inappropriate Terminations Part 1, Ex Part Renewal: Strategies to Maximize Automation, Increase Renewal Rates, and Support Unwinding Efforts, Preparing for the End of the COVID-19 Public Health Emergency: Opportunities to Support Medicaid and SNAP Unwinding Efforts, Supporting Seamless Coverage Transitions for Children Moving Between Medicaid and CHIP in Separate CHIP States, CIB: Medicaid and Childrens Health Insurance Program (CHIP) Renewal Requirements, Opportunities to Support Unwinding Efforts for States with Integrated Eligibility Systems and/or Workforces, Overview of Strategic Approach to Engaging Managed Care Plans to Maximize Continuity of Coverage as States Resume Normal Eligibility and Enrollment Operations, Eligibility & Enrollment Processing for Medicaid, CHIP, and BHP During COVID-19 Public Health Emergency Unwinding Key Requirements for Compliance, Strategic Approaches to Support State Fair Hearings as States Resume Normal Eligibility and Enrollment Operations After the COVID-19 PHE, Medicaid and Children's Health Insurance Program (CHIP) Disability and Language Access Requirements Slide Deck, Presentation: Strengthening Tribal and State Partnerships to Prepare for Unwinding, Medicaid and CHIP Unwinding Planning Efforts: Summary of Best & Promising State Practices from CMS/State Discussions, Connecting Kids to Coverage: State Outreach, Enrollment and Retention Strategies issue brief, Anticipated 2023 State Timelines for Initiating Unwinding-Related Renewals, General Transition Planning Tool for Restoring Regular Medicaid and Childrens Health Insurance Program Operations after Conclusion of the Coronavirus Disease 2019 Public Health Emergency, Medicaid and Childrens Health Insurance Program COVID-19 Health Emergency Eligibility and Enrollment Pending Actions Resolution Planning Tool, Strategies States and U.S. Luis has counseled employers on a number of workplace matters, including effective employee handbooks and policies, disciplinary and dispute resolution procedures, discrimination, disability accommodation, wage-hour matters, family medical leave, and Jailah is an associate at Varnum. Timeline for Flexibility Extensions Beyond December 2021, If Needed. Double Secret Probation! You have successfully saved this page as a bookmark. Employees who are obtaining COVID-19 immunization or recovering from any injury, disability, illness, or condition related to such immunization. The National Law Review - National Law Forum LLC 3 Grant Square #141 Hinsdale, IL 60521 Telephone (708) 357-3317 ortollfree(877)357-3317. Please log in as a SHRM member before saving bookmarks. Territories Can Adopt to Maintain Coverage of Eligible Individuals as they Return to Normal Operations, Top 10 Fundamental Actions to Prepare for Unwinding and Resources to Support State Efforts, Improving Efficiency and Beneficiary/Staff Experience Through Improved Renewal Automation For Unwinding, Resources to Support System and Logic Testing for Unwinding, Unwinding Communications Resources and Speaking Requests, Temporary Special Enrollment Period (SEP) for Consumers Losing Medicaid or the Childrens Health Insurance Program (CHIP) Coverage Due to Unwinding of the Medicaid Continuous Enrollment Condition Frequently Asked Questions (FAQ), FFM Inbound Account Transfer Matching Functionality Slide Deck, Strategies for SBMs to Improve Medicaid to Marketplace Coordination and Maximize Enrollee Transitions at the End of the Continuous Enrollment Requirement, Addressing Medicaid and CHIP Procedural Terminations in States that Operate a State-Based Marketplace with Account Transfers, CIB: Coordination of Eligibility and Enrollment between Medicaid, CHIP and the Federally Facilitated Marketplace (FFM or Marketplace), Overview: State Medicaid/CHIP Agencies Accepting Federally-facilitated Marketplace Eligibility Decisions, Operational Implementation: State Medicaid/CHIP, Outbound Account Transfer (AT): Identifying Eligibility Referral Reason and Verification Status, Supplemental Materials - OB AT Identifying Elig. The FFCRA has required a covered employer to provide a minimum amount of paid time off for EPSL for one of five pandemic-related reasons: The employee is subject to a government quarantine or isolation order. var temp_style = document.createElement('style'); Also included are data and activities spanning the period of October 1, 2022 to December 31, 2022, which is quarter four (Q4). COVID-19 Vaccination Resources], [Want to learn more? Webinars take place the fourth Wednesday of each month from 12:00 - 1:00pm ET. "A business needs to weigh the impact of having an employee out on leave with the risk of having an employee arrive to work while sick," he said. Reason 1 If employees are subject to a federal, state, or local quarantine or isolation order related to COVID-19. Learn how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP. $('.container-footer').first().hide(); Consistent with Section 2202(a)(2) of the FFCRA, this extension applies automatically to all states that elect to use it, without further application. The National Law Review is a free to use, no-log in database of legal and business articles. In order to further discourage problematic behaviors that could limit access to consumers, a plan or issuer may establish a policy that limits coverage of OTC COVID-19 tests purchased without the involvement of a health care provider to tests purchased from established retailers that would typically be expected to sell OTC COVID-19 tests. Then the issue is whether the employer already provides other leave that can be used for COVID reasons, or whether the employer has the interest and financial ability to provide additional leave.". The refundable credit is applied against certain employment taxes on wages paid to all employees. New OSHA Guidance Clarifies Return-to-Work Expectations, Trump Suspends New H-1B Visas Through 2020, Faking COVID-19 Illness Can Have Serious Consequences, Ontario: Paid Infectious Disease Emergency Leave Has Ended.
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