My question regarding this guidance is per page 1 the 2nd paragraph last sentence "However, ....
may elect to exclude such employee ...
It appears that yes, some employees of BH organizations would be classified as eligible under the exception - BUT are agencies that have these employees, REQUIRED to automatically choose to exclude, or can they choose NOT TO EXCLUDE and allow all employees to be eligible for the FFCRA expanded & enhanced benefits?
We're hearing mixed results and some CBHOs are worried that if they do NOT elect to exclude that down the road they might not receive the tax credit because some workers were indeed healthcare employees and they should have been excluded. I don't read it this way - I believe CBHOs have the choice / option "may elect to exclude". Additional guidance please.
Flora A Schmidt
Iowa Behavioral Health Association
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Flora A. Schmidt, Executive Director
Iowa Behavioral Health Association
2900 100th St, Ste 200 Urbandale IA 50322
515/309-3315 office
515/210.6212 mobile
Flora@ibha.orgwww.ibha.orgBetter Behavioral Health Through Education, Prevention, Treatment & Advocacy
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Original Message:
Sent: 04-03-2020 17:42
From: Neal Comstock
Subject: Families First Coronavirus Response Act Implementation - definition of "health care provider"
Dear Association Executives - Attached please find a memorandum from our outside legal counsel regarding the definition of an excepted "health care provider" under the Families First Coronavirus Response Act.
This unprecedented pandemic presents unique challenges when interpreting legislative and regulatory language due to the volatility and speed at which changes are occurring. We hope the attached memorandum can provide National Council members with additional guidance when navigating statutorily required paid sick leave and/or expanded family and medical leave.
On page 3 of the memorandum, please note the interpretation of the term health care provider for purposes of exception as it relates to behavioral health organizations. Should additional guidance result in an alternative or adjusted interpretation, we will send an updated memorandum reflecting such.
Additionally, please note, on page 4, the importance of continuous monitoring of the Department of Labor guidance as well as the need for employers to carefully document their rationales for ALL leave decisions. Robust documentation will be imperative for employers who believe they have employees who are excepted from the statutorily required paid sick leave.
As always, it is important that National Council members consult independent legal counsel as they work through their options.
Thank you - Stephanie
Stephanie Katz
Director, Federal Policy and Advocacy
National Council for Behavioral Health
Stephaniek@TheNationalCouncil.org
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Neal Comstock
Director of Membership
National Council
NealC@TheNationalCouncil.org
202 748-8793
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