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INARF’s current understanding is that employees in HCBS waiver settings and ICF/IDDs are not exempt from leave under the Families First Coronavirus Response Act (FFCRA) because they are not specifically included in the definition of health care worker. As of now, we recommend that members plan for all staff to be included and eligible for leave under the Act. For specific questions or determinations of whether your employees are exempt, you should consult with your labor/human resources legal counsel. On Saturday evening, the U.S. Department of Labor provided guidance to employers and employees on provisions of the paid leave provisions included in the Act. The Frequently Asked Questions included the following question (highlighting added for emphasis): 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 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. INARF’s national partner ANCOR has shared that the inclusion of the second highlighted sentence is very important as it grants broad authority to the nation's governors/highest officials to determine individuals that are health care providers. To that end, INARF is requesting explicit guidance from Governor Holcomb designating that health care provider includes any employee of any provider of support to people with intellectual and developmental disabilities funded through any state or federal program, Medicaid Home and Community Based Services, and/or provided in an Intermediate Care Facilities (CRF/DD, CRMNF, or ICF/IDD as defined in 405 IAC 1-1-1) who is providing care and support essential to activities of daily living and independence to a vulnerable population of adults with intellectual and developmental disabilities. We will update members as additional information becomes available. Again, as of now, we recommend that members plan for all staff to be included and eligible for leave under the Act. For Specific questions or determinations of whether your organization's employees are exempt, you should consult with your own labor/human resources legal counsel.
INARF’s current understanding is that employees in HCBS waiver settings and ICF/IDDs are not exempt from leave under the Families First Coronavirus Response Act (FFCRA) because they are not specifically included in the definition of health care worker. As of now, we recommend that members plan for all staff to be included and eligible for leave under the Act. For specific questions or determinations of whether your employees are exempt, you should consult with your labor/human resources legal counsel.
On Saturday evening, the U.S. Department of Labor provided guidance to employers and employees on provisions of the paid leave provisions included in the Act. The Frequently Asked Questions included the following question (highlighting added for emphasis):
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 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.
INARF’s national partner ANCOR has shared that the inclusion of the second highlighted sentence is very important as it grants broad authority to the nation's governors/highest officials to determine individuals that are health care providers.
To that end, INARF is requesting explicit guidance from Governor Holcomb designating that health care provider includes any employee of any provider of support to people with intellectual and developmental disabilities funded through any state or federal program, Medicaid Home and Community Based Services, and/or provided in an Intermediate Care Facilities (CRF/DD, CRMNF, or ICF/IDD as defined in 405 IAC 1-1-1) who is providing care and support essential to activities of daily living and independence to a vulnerable population of adults with intellectual and developmental disabilities. We will update members as additional information becomes available.
Again, as of now, we recommend that members plan for all staff to be included and eligible for leave under the Act. For Specific questions or determinations of whether your organization's employees are exempt, you should consult with your own labor/human resources legal counsel.