The CARES Act and Other Things!

March 29, 2020

Just a quick update on the CARES Act, which had neither passed the House or been signed by the President when we concluded the Member’s Call on Friday:
  •  We mentioned this on Friday, but we now have clarification – not only is this now “permanent,” but it includes 1915(c) and 1115 Waivers.  We will add this to our list for DMAS to move quickly to get this authority in place!
    • SEC. 3715. Providing home and community-based services in acute care hospitals. Section 1902(h) of the Social Security Act (42 U.S.C. 1396a(h)) is amended—(1) by inserting “(1)” after “(h)”;(2) by inserting “, home and community-based services provided under subsection (c), (d), or (i) of section 1915 or under a waiver or demonstration project under section 1115, self-directed personal assistance services provided pursuant to a written plan of care under section 1915(j), and home and community-based attendant services and supports under section 1915(k)” before the period; and(3) by adding at the end the following:“(2) Nothing in this title, title XVIII, or title XI shall be construed as prohibiting receipt of any care or services specified in paragraph (1) in an acute care hospital that are— “(A) identified in an individual’s person-centered service plan (or comparable plan of care); “(B) provided to meet needs of the individual that are not met through the provision of hospital services; “(C) not a substitute for services that the hospital is obligated to provide through its conditions of participation or under Federal or State law, or under another applicable requirement; and “(D) designed to ensure smooth transitions between acute care settings and home and community-based settings, and to preserve the individual’s functional abilities.”.
  • There are two other relevant components of the CARES Act in Division A:
    • Title I – Keeping American Workers Paid and Employed which focuses on assisting businesses to meet payroll obligations even if the must close or severely reduce operations
    • Title II – Assistance for American Workers, Families and Businesses which includes provisions for small business loans, enhanced unemployment, etc.
    • You should consult with either an attorney who is knowledgeable about employment or your tax advisor to better understand which option(s) are better for you!
And an update on the FFCRA provisions about the definition of health care worker, ANCOR has submitted the following language:
  • An employee of any long term care provider of support to people with intellectual and developmental disabilities through Home and Community Based Services and Intermediate Care Facilities 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.
As promised by DBHDS/DMAS the revised Competencies are posted on the Townhall Website at [Items DD2, DD3 & DD4] and are available for use; however, not mandatory if this is a difficult time to change the procedure you are currently using! “Your comments are appreciated. Please direct any questions Eric Williams in the DBHDS Division of Developmental Disabilities,, or (804) 786-3921.” We will have notice out about the expansion of the Job Board early this week!  Stay safe!