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CHA has worked with consultants to develop a comprehensive set of frequently asked questions on general employment issues during the COVID-19 public health crisis.
Posted 3/31/20
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CHA has prepared three documents to help hospitals understand the federal funding opportunities available to them to assist in their response to COVID 19.
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In March, the federal government passed the Families First Coronavirus Response Act, which contains two leave provisions. Does this law apply in California since we have our own leave laws and, if so, what am I required to provide?
Yes, the act applies to California employers with fewer than 500 employees and all public employers. It went into effect on April 1. However, the law contains an optional exemption for health care providers. The Department of Labor originally adopted emergency regulations that created a very broad definition of “health care provider” to include anyone who works in a hospital or other facility related to health care. However, on August 3, a federal judge concluded the department exceeded its authority in applying such a broad definition and invalidated that portion of the regulations.
In response, the Department of Labor revised its definition of “health care provider” to include only employees who meet the definition of that term under the Family and Medical Leave Act regulations or who are employed to provide diagnostic, preventative, or treatment services, or other services that are integrated with and necessary to the provision of patient care that, if not provided, would adversely impact patient care.
The definition for “health care provider” expressly excludes “employees who do not provide health care services described above . . . . even if their services could affect the provision of health care services, such as IT professionals, building maintenance staff, human resources personnel, cooks, food services workers, records managers, consultants, and billers.”
Thus, covered hospitals may now opt out for some employees but not all.
The revised regulations also provide clarification on other aspects of the law. The new regulations go into effect on September 16. In updated FAQs (#103) the Department of Labor states that the new definition of health care provider goes into effect on September 16. Thus, it appears there is no retroactive obligation. The department has also issued a press release.
As there are tax issues, the Internal Revenue Service has also issued FAQs. (9/16)
Additional Resources
Department of Labor Guidance Employee Rights Poster and FAQs General Q & A Quick Tips Poster
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I may have to layoff staff. Does California’s Worker Adjustment and Retraining Notification (WARN) Act still apply?
Only parts of the California WARN Act apply. On March 17, the Governor issued an Executive Order suspending many aspects of the California WARN Act. The executive order suspends, starting March 4, 2020, Labor Code Sections 1402(a), 1402, and 1403 for an employer that orders a mass layoff, relocation, or termination at a covered establishment. Certain conditions apply:
Gives the written notices specified in Labor Code Section 1402(a)–(b) Gives as much notice as is practicable, and, at the time notice is given, provides a brief statement of the basis for reducing the notification period Orders such a mass layoff, relocation, or termination that is caused by COVID-19-related “business circumstances that were not reasonably foreseeable as of the time that notice would have been required” For written notice given after the date of the executive order, in addition to the other elements detailed in Labor Code Section 1401(b), such written notice must contain the following statement: “If you have lost your job or been laid off temporarily, you may be eligible for Unemployment Insurance (UI). More information on UI and other resources available for workers is available at labor.ca.gov/coronavirus2019.
And employers must still comply with federal WARN. CHA has developed FAQs for both laws.
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CDPH Updates
March 10 CDPH Call With Hospitals
On March 10, the California Department of Public Health (CDPH) hosted a weekly call with health care providers. Highlights included:
Status updates
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Late last week, the deadline for introducing state legislation passed, and the Legislature will now have more than 5,000 bills to address this year. As we pore over them to discern which ones impact hospitals, we’re getting a clearer view of the health care policy landscape — and of the advocacy work we need to do to ensure you can focus on your mission of care.
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The California Department of Public Health (CDPH) offers various resources to help mitigate the effects of poor air quality during wildfires, including a guide for public health professionals, a web page where residents can check their local air quality, and FAQs.
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The U.S. Department of Labor has released a series of documents designed to help stakeholders understand the Mental Health Parity and Addiction Equity Act (MHPAEA) of 2008, the 21st Century Cures Act, the SUPPORT for Patient and Communities Act, and the Employee Retirement Income Security Act. The documents, which provide examples and illustrations of how the laws work, include FAQs about mental health and substance use disorder parity implementation and the 21st Century Cures Act, and an MHPAEA disclosure template and enforcement fact sheet.
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Last week, the Office of Statewide Health Planning and Development (OSHPD) sent a letter to hospitals that have not yet met the 2030 seismic safety requirements for all of their buildings, reminding them that they are required to submit to OSHPD, by Dec. 31, an attestation that their board of directors is aware of these requirements. The attestation can be sent via email to seismiccomplianceunit@oshpd.ca.gov.
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In response to requests from CHA and other stakeholders, the U.S. Department of Health and Human Services (HHS) has extended the comment period for its two proposed rules on interoperability and information blocking to June 3.