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Federal Legislation & the CARES Act

WVHA Staff Contacts

Joseph M. Letnaunchyn
President & CEO

joelet@wvha.org
Phone: 304.353.9716

Carol Haugen, Vice President
Financial Policy

chaugen@wvha.org
Phone: 304.353.9721
Tony Gregory
Vice President, Legislative Affairs

tgregory@wvha.org
304.353.9719

Brandon Hatfield
General Counsel

bhatfield@wvha.org
Phone: 304.353.9720


Paycheck Protection Program and Enhancement Act (3.5)

PASSAGE:  4/24/2020 – This legislation includes an additional $75 billion to reimburse eligible hospitals, health systems and other providers for healthcare related expenses or lost revenues not otherwise reimbursed that are directly attributable to COVID-19.  
Further details here:  AHA Special Bulletin 4/24/2020


Coronavirus Aid, Relief, and Economic Security (CARES) Act (3.0)

PASSAGE:  3/27/2020 – This legislation (H.R. 748) includes several provisions important to hospitals and health systems as businesses and as providers including the delivery and financing of healthcare. The legislation is the third large-scale congressional effort in response to the novel coronavirus (COVID-19) outbreak.
Further details here:  AHA Special Bulletin 3/27/2020
 
Specific CARES Act Resources:

HHS Announces Additional Allocations of CARES Act Provider Relief Fund
HHS Announces How it Will Distribute Additional Funds to Providers Under CARES Act 
Representatives from CMS today released the attached Cares Act Provider Relief Fund Fact Sheet.  This document summarizes the different funding provisions that will be implemented by CMS to the provider community related to the treatment of COVID-19 in the coming days/weeks - as part of the General and Targeted allocations under the $100B CARES Act funding. (4/22/2020)

WVHA COVID-19 Preparedness and Response Activities (CFDA #93.899) Funding
The U.S. Department of Health and Human Services, Assistant Secretary for Preparedness and Response (“ASPR”), established the Hospital Association COVID-19 Preparedness and Response Activities (CFDA #93.899) funding opportunity to support the urgent preparedness and response needs of hospitals, health systems, and health care workers on the front lines of the COVID-19 pandemic. (4/14/2020)

FAQs Specific to COVID-19 Diagnostic Testing Services
The Departments of Health and Human Services (HHS), Labor (DOL) and Treasury jointly issued guidance implementing legislative provisions specific to COVID-19 diagnostic testing and services from the Families First Coronavirus Response Act (FFCRA) and the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The guidance is in the form of Frequently Asked Questions (FAQs) similar to previously issued COVID-19 related guidance from DOL and HHS. (4/11/2020)

HHS Distributes 30 Billion as Part of CARES Act Emergency Fund
The Department of Health and Human Services (HHS) announced it is immediately distributing to providers $30 billion from the Public Health and Social Services Emergency Fund. The CARES Act added $100 billion to this fund to reimburse health care providers for health care-related expenses or lost revenues not otherwise reimbursed that are directly attributable to COVID-19. For more information click here.​​​ (4/10/2020)

Main Street Expanded Loan Facility and Main Street Loan Facility
The Treasury and the Federal Reserve recently rolled out the initial guidance for the Main Street Loan Facility and the Main Street Expanded Loan Facility.  These are the programs created in the CARES Act that provide assistance for employers with greater than 500 employees.  For more information click here and here. (4/9/2020)

Financial Relief Tracker for Hospitals (4/8/2020)

Automatic Federal Fiscal Relief 
This document provides an overview of the fiscal relief made automatically available to hospitals and health systems through the CARES Act. A companion resource document identifying federal funding opportunities to assist hospitals needing immediate financial resources, and for which hospitals must apply, is available here. (3/31/2020)

Federal Funding Opportunities for Hospitals
This document provides an overview of direct funding opportunities available to hospitals and health systems through the CARES Act, as well as other federal resources to assist hospitals needing immediate financial resources. Hospitals must apply for the funding opportunities listed. A companion resource document identifying automatic federal fiscal relief is available here. (3/31/2020)

CARES Act:  Provisions to Help Rural Hospitals
The CARES Act will help rural hospitals that are in dire financial need due to this devastating pandemic. The following describes some key provisions of the law that will have important impact for rural providers. (3/31/2020)

AHA Special Bulletin:  CARES Act Financial Resources to Assist Hospitals and Health Systems during COVID-19 Crisis
Relates to several loan and payroll tax provisions that may help hospitals and health systems maintain adequate cash flow. (3/30/2020)

Deferral of employment tax deposits and payments through December 31, 2020 
The CARES Act allows employers to defer the deposit and payment of the employer's share of social security taxes and self-employed individuals to defer payment of certain self-employment taxes.  These FAQs address specific issues related to the deferral of deposit and payment of these employment taxes. 

 

Families First Coronavirus Response Act (FFCRA) (2.0)


PASSAGE:  3/18/2020 – This legislation includes requirements on public and private health insurance programs to cover COVID-19 testing at no costs to patients, and also increases Medicaid Funding.
Further details here:  AHA Advisory 3/19/2020

Specific FFCRA Resources:

Families First Coronavirus Response Act – Increased FMAP FAQ
Section 6008 of the FFCRA provides a temporary 6.2 percentage point increase to each qualifying state and territory’s 1 Federal Medical Assistance Percentage (FMAP) under section 1905(b) of the Social Security Act (the Act) effective beginning January 1, 2020. See FAQ for more information. (4/13/2020)

DOL Releases FAQs on Families First Coronavirus Response Act Employer Provisions
The Families First Coronavirus Response Act (FFCRA) modified the Family and Medical Leave Act (FMLA) and created a new paid sick leave policy to assist workers who contract novel coronavirus (COVID-19), are caring for family members with COVID-19, or face other extenuating family circumstances, such as a lack of child care due to school closures.  Details here(4/1/2020)

 

Coronavirus Preparedness and Response Supplemental Appropriations (CPRSA) Act (1.0)


PASSAGE:  3/5/2020 – COVID-19 Spending Package includes funding for hospitals and health systems.

Congress Reaches Deal on $8.3 Billion Coronavirus Spending Package
The Senate passed an $8.3 billion spending package, to combat the novel coronavirus (COVID-19). The House overwhelmingly passed the package yesterday. Among other items, the package includes $300 million for hospital and health systems’ efforts to prepare for and respond to COVID-19. 
Further details here:  AHA Advisory 3/4/2020
 
Specific CPRSA Act Resources:

National Special Pathogen System
The U.S. Department of Health and Human Services Office of the Assistant Secretary for Preparedness and Response (HHS ASPR) today announced it will provide $100 million to aid U.S. healthcare systems in preparing quickly for a surge in COVID-19 patients. The support will directly benefit the National Special Pathogen System, and is authorized in the Coronavirus Preparedness and Response Supplemental Appropriations Act 2020. (3/24/2020)