First Coronavirus Response Act
The “Families First Coronavirus Response Act” (the “Act”), which takes effect on April 2, 2020, was signed into law in an attempt to respond to the global pandemic, COVID-19, or coronavirus. As US death tolls soar, a state of emergency has been declared. Controlling the spread of the virus requires aggressive action from states and the federal government to ensure access to testing for those who need it and treatment for those who contract the disease. The legislation requires Medicare, Medicaid, all group health plans, and individual health insurance policies to cover testing and associated visits related to the diagnosis of COVID-19 during the federally-declared emergency period. Also, the new law gives states the option to provide Medicaid coverage of COVID-19 testing for uninsured residents with 100% federal financing.
Florida Is First To Get Medicaid Flexibility For Coronavirus Treatment
The state’s Medicaid program, which currently has about 4 million Floridians enrolled, can waive application fees, certain criminal background checks, and other requirements for doctors who sign up.
Florida’s Medicaid program also will be allowed to waive certain rules, such as prior authorization requirements for care, certain hospital admission requirements, and regulations for residents who are transferred between nursing homes.
Some states have already indicated that they are requiring insurers to cover a COVID-19 vaccination with no cost-sharing if and when one becomes available, while others are requiring state-certified insurance carriers to waive patient cost-sharing for COVID-19 treatment, as well as treatment for other related conditions, including pneumonia and the flu. States have also announced other actions, including extending special enrollment periods in state-based health insurance marketplaces, facilitating early prescription drug refills, and relaxing prior authorization and utilization review processes. In addition, states are requesting approval for Section 1135 waivers that permit them to waive or modify certain Medicare, Medicaid, CHIP, and HIPAA requirements during a national emergency.
Emergency Family and Medical Leave Expansion Act
While the new federal law creates a federal emergency paid sick leave program through December 2020, a number of states have enacted mandatory sick leave policies that will fill in gaps in the new federal emergency leave, while others are proposing to adopt these policies in the wake of the coronavirus outbreak. Under the current FMLA law, eligible employees will be able to take up to 12 weeks of leave under certain qualifying circumstances. The first 10 days may consist of unpaid leave, but the remainder of the leave must be paid.
The Act will further provide over $1 billion to distribute nutritious food to low-income pregnant women and mothers with young children, as well as help food banks, and deliver meals to seniors. It also protects students’ access to school meals during school closures.
We understand this is an uncertain time for many of our clients. We are here to help you get through this by answering any questions you may have and helping in any way we can. We remain committed to you, so please call us if you need anything.