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The Department of Human Services (DHS) has released Racial Equity Report 2021, including a message from Teresa Miller, Secretary of Human Services. The report addresses several areas and concludes with this message about Moving Forward:

In the more than seven years since the Black Lives Matter movement began, there have been overdue
and necessary conversations about the treatment of people who are Black, Latinx, Asian, Middle
Eastern, and other non-White identities in the United States. Open and honest conversation and
education are critically important. Each of us only truly knows the world as we experience it, and there
is no shame in that. It is incumbent on each of us, though, to not let our experiences alone drive our
worldview and the way we treat and empathize with others. We must listen to others’ experiences,
challenge our own reactions and pre-conceived notions, and act from a more informed lens that
includes multiple perspectives.

The work must continue, and we must use these conversations and education to drive meaningful
change. We must use our platform to be actively anti-racist and educate our staff, the stakeholders and
constituencies we work with, and the broader public as much as possible. Challenging stereotypes and
biases is not a fight that DHS can win unilaterally, but we can use our position and our platform to
challenge and change these conversations where we can. We must actively build equity, inclusion, and
diversity into our work to overcome circumstances of the past that still persist. We cannot change the
past, but we can be a part of a solution moving forward by seeking to eliminate unintentional and
implicit consequences and be an active ally in this work. The more than 3 million people DHS serves,
our nearly 16,000 employees, and the citizens of the Commonwealth of Pennsylvania as a whole
deserve this.

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RCPA members are invited to join the RCPA Member Update Webinar on Monday, March 29, 2021 at 1:00 pm. This webinar will also feature a discussion on the current PPP & FMAP information presented by Peggy Jo Revay, CPA, Senior Manager, Maher Duessel. Please register here.

Ms. Revay began her public accounting career in 1998 with Maher Duessel after spending eight years in the social services field. She has directed engagements of a wide range of governmental and nonprofit entities, including various human service providers. She has comprehensive experience with Single Audits, and also directs multiple employee benefit plan audit engagements.

If you have questions you would like to submit in advance, please send them to Tina Miletic. We look forward to your participation.

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RCPA has been and continues to work with the Pennsylvania Association of Non-Profit Organizations (PANO) on unemployment issues that have arisen during the pandemic.  Specifically, the largest issue we have been working on is self-insured unemployment compensation claims. PANO has asked RCPA to circulate an unemployment claims survey to our members. RCPA is pleased to work with PANO on this issue. 

PANO has sent the information below to various non-profit entities. In addition, you will find the link to the unemployment survey. Please take the time to fill this survey out and share the survey with other non-profits in your area. 

PANO Information

Since the pandemic started, more than 33% of nonprofits in the United States are in danger of closing within two years in the aftermath of COVID-19 (2021 Candid and the Center for Disaster Philanthropy). As of December 2020, an estimated 60,000 nonprofit employees have been laid off in Pennsylvania.

While many nonprofits found relief from the federal government through various federal programs, loans, and grants, the Commonwealth of Pennsylvania has not yet provided direct, designated relief clearly needed by their partners in the nonprofit sector, who provide state-mandated and grassroots services for our most vulnerable residents.

One way the state can provide this direct relief is by offering 100% reimbursement for COVID-19-related unemployment compensation claims to all nonprofits, particularly reimbursable organizations (who pay the state back on a claim-by-claim basis).

If you have had any unemployment claims at all, please participate in this 10-question survey and fill in as many fields as possible, including, but not limited to, your status as a contributory vs. reimbursable employer. We are looking for information from nonprofits of all sizes, big and small, so please pass this on to any of your nonprofit colleagues who can contribute.

Together, we are strong! Let’s use our collective voice to make changes in Pennsylvania’s unemployment system.

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Employment of Youth and Young Adults with Disabilities
CAPE-Youth published a policy brief on “Employment of Youth and Young Adults with Disabilities in a Recovering Economy: Lessons from the Great Recession and Considerations for Policymakers Today.” The brief focuses on youth and young adults with disabilities who face difficulties gaining employment because of the COVID-19 pandemic and economic recession. It outlines state-level strategies and examples policymakers and program administrators can use to support these young people with finding employment.

EARN Newsletter
The Employer Assistance and Resource Network on Disability Inclusion (EARN) released its March 2021 newsletter. Highlighted are two new EARN web pages. “COVID-19 Workplace Resources and Tools” outlines the intersection between the pandemic and disability employment policies and practices. “Neurodiversity in the Workplace” discusses the benefits to businesses and employees of including people with neurocognitive disabilities in the workforce.

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Accommodating Employees with COVID-19-Related Symptoms
The Job Accommodation Network posted a blog on “Accommodating Employees with COVID-19-Related Symptoms.” The blog discusses accommodating employees who have COVID-19 or who have recovered from COVID-19 but have long-term effects. Accommodation suggestions for limitations such as shortness of breath, fatigue, joint pain, and more are included.

State Strategies for Keeping Workers Safe During COVID-19
The National Conference of State Legislatures (NCSL) published a report, “Making Work Safe and Accessible During a Pandemic,” which examines the rules and guidance issued by federal, state, and local agencies to help keep workers, including those with disabilities, safe on the job. The report provides state examples and best practices on paid sick leave, personal protective equipment, and other workplace safety measures that accommodate all workers’ needs and mitigate the spread of COVID-19. The report is the third in a series developed in collaboration with the State Exchange on Employment & Disability on the opportunities and challenges stemming from the pandemic and its impact on the employment of people with disabilities.

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What’s in the American Rescue Plan? 

Executive Summary

On March 10, 2021, the U.S. House of Representatives passed the American Rescue Plan of 2021 (ARP) on a 220-211 vote. President Biden signed the bill into law the following day, March 11. Originally compiled in nine House Committees over the past month, the Senate amended and passed the ARP the week before on a 50-49 vote before the bill was sent to the House for the final vote. The ARP is a $1.9 trillion economic stimulus package that was passed through the budget reconciliation process as a response to the economic and health effects of the COVID-19 pandemic.

The ARP contains strong provisions intended to assist working individuals and families, COVID-19 pandemic support and vaccination response funding. Additionally, the bill contains measures directed to supporting working families in the US, including $1,400 direct stimulus payments to qualifying individuals, continued unemployment insurance benefits and an overhaul to the Affordable Care Act.

The House-proposed minimum wage increase to $15 per hour was ultimately excluded from the Senate version of the bill due to Byrd Rule limitations on the budgetary reconciliation process. This allowed Senators to object to the specific provision of the reconciliation bill that would have increased the minimum wage, while the Senate Parliamentarian ruled the provision did not meet the change in spending requirement necessary to be contained in a reconciliation bill. Below are highlights of the bill that may impact ANCOR members.

ANCOR Priorities & Public Health Provisions

Home and Community Based Services

HCBS is currently funded as a set of optional services offered through HCBS waivers or state Medicaid plans. The original ARP language increased the HCBS Federal Medical Assistance Percentage (FMAP) by 7.35% for one year beginning on April 1, 2021. The final ARP HCBS provision increased the FMAP bump from 7.35% to 10%. The ARP also includes funding for the establishment of nursing home strike teams to manage COVID-19 outbreaks.

Paycheck Protection Program (PPP)

The ARP has increased business and organization eligibility for the program, notably now including most 501(c)(3) nonprofits that employ fewer less than 500 employees per physical location, rather than overall. An additional $7.25 billion has been authorized for the PPP.

Provider Relief Fund

An additional $8.5 billion is allocated for rural providers that serve Medicaid and Medicare beneficiaries. The funding must be used by providers for COVID-19-related expenses, such as increased workforce training, medical supply purchasing or lost revenue due to the public health crisis.

Public Health Funding

The ARP designates $7.5 billion to the CDC for the planning, distribution and tracking of COVID-19 vaccines. A further $7.6 billion is directed to provide state, local and territorial public health departments with funding for staff, equipment and other supplies to combat the public health crisis.

Medicaid/CHIP Vaccine

State Medicaid programs and the Children’s Health Insurance Program are required to provide COVID-19 testing, vaccines and treatment without cost sharing for one year after the end of the public health emergency.

Funding for State, Local & Tribal Governments

The ARP provides $350 billion in funding relief to states, localities and tribes. States, including the District of Columbia, will receive $195.3 billion; local governments will receive $130.2 billion; and tribal governments will receive $20 billion. The funding is available until December 31, 2024.

Public Health Workforce

The ARP robustly provides $9.1 billion to support the public health workforce. Of this, $7.7 billion is established for expanding and continuing the recruitment, hiring and training of public health workers to sustain state and local public health departments.

FMAP Increase for ACA Expansion

For states that have not expanded Medicaid eligibility and coverage to meet current Affordable Care Act (ACA) criteria, the ARP incentivizes the adoption of ACA standards by offering such states an additional five percentage-point increase in the state’s FMAP for two years.

Other Important Provisions

Earned Income Tax Credit

For Tax Year 2021, the credit amount and income limit at which the credit is adjusted will both be increased. Additionally, workers over the age of 65 will be eligible to claim the credit.

Child and Dependent Care Tax Credit

The ARP is making significant changes targeted toward reducing child poverty. This reinforcement of the social safety net includes a one-year-though expected to become permanent-initiative of raising the $2,000 Child Tax Credit to $3,000 for children under the age of 18 and to $3,600 for children under the age of 6 (previously, 17-year-old children were ineligible). Periodic payments are also authorized, as opposed to the traditional lump sum measure.

Support for Low Income-Families

The ARP allocates $4.5 billion to LIHEAP, the Low-Income Home Energy Assistance Program, which helps families offset home heating and cooling costs. The Special Supplemental Nutrition Program for Women, Infants and Children (WIC) will also provide $35 in additional monthly payments per person to women and children as part of a temporary, four-month increase.

Child Care and Development Block Grant (CCDBG)

The ARP has authorized $15 billion for the CCDBG program, which could specifically be used for health care workers regardless of income. An additional $24 billion is allocated for a childcare stabilization fund intended to be used for childcare personnel expenses, cleaning supplies and personal protective equipment, and mental health supports.

Funding for the Individuals with Disabilities Education Act

Grant funding has been increased for qualifying public education programs, including $2.58 billion for states, $200 million for preschool grants and $250 million for infant and toddler programs.

Medicaid Coverage for Pregnant and Postpartum Women

States are now allowed to offer full coverage and benefits to women during their pregnancy and up to a year after the last day of pregnancy. This would drastically extend coverage past the current cutoff of 60 days postpartum. If a state opts into this provision, it must be run under the CHIP program.

COBRA Premium Assistance

The Consolidated Omnibus Budget Reconciliation Act (COBRA) has traditionally provided health insurance to individuals who lose coverage following employment termination. The ARP has made COBRA coverage more affordable for affected individuals by covering 100% of premiums until September 30, 2021.

Pandemic Unemployment Assistance (PUA)

PUA and other enhanced unemployment benefits have been extended through August 2021 as a COVID-19-related measure. The weekly Federal Pandemic Unemployment Compensation has been extended to September 6, 2021 and will continue to be $300 a week per worker.

Conclusion

The American Rescue Plan contains overwhelming support for communities that have been most affected by the COVID-19 pandemic. Notably, the HCBS FMAP increase in this bill was secured as a result of the ongoing advocacy from ANCOR members to increase quality of services to the I/DD community through this process. Reinforcing essential needs like affordable living, childcare and community health will revitalize the vulnerable populations that have struggled to meet their own needs in the last year and beyond. From low-income laborers to working families to individuals with disabilities, the ARP is establishing a strong foundation for the health recovery and economic rebuilding of Americans impacted by the public health crisis.

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Shannon McCracken
Vice President of Government Relations
ANCOR
606.271.3555
smccraken@ancor.org

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Photo by Markus Winkler on Unsplash

From ANCOR: 

For your awareness, see below for an announcement by the Department of Labor:

“The U.S. Department of Labor today announced plans to rescind two final rules that would significantly weaken protections afforded to American workers under the Fair Labor Standards Act. The first Notice of Proposed Rulemaking proposes the withdrawal of the Independent Contractor Final Rule issued by the department on issued on Jan. 7, 2021, for several reasons. They include the following:

  • The rule adopted a new “economic reality” test to determine whether a worker is an employee or an independent contractor under the FLSA.
  • Courts and the department have not used the new economic reality test, and FLSA text or longstanding case law does not support the test.
  • The rule would narrow or minimize other factors considered by courts traditionally; making the economic test less likely to establish that a worker is an employee under the FLSA.

Among its provisions, the FLSA requires covered employers to pay employees at least the federal minimum wage for every hour worked and overtime premium pay of at least one and one-half times their regular rate of pay for every hour worked over 40 in a workweek. An independent contractor has no FLSA protections.

The second Notice of Proposed Rulemaking seeks to rescind a current regulation on joint employer relationships under the Fair Labor Standards Act, published in the Federal Register and which took effect on March 16, 2020. In February 2020, 17 states and the District of Columbia filed a lawsuit in the U.S. District Court for the Southern District of New York against the department, arguing that the Joint Employer Rule violated the Administrative Procedure Act. The court vacated the majority of the Joint Employer Rule on Sept. 8, 2020, stating that the rule was contrary to the FLSA and was “arbitrary and capricious” due to its failure to explain why the department had deviated from all prior guidance or consider the effect of the rule on workers.

The department invites comments from the public on both proposed rules at www.regulations.gov. The comment periods end on April 12, 2021.

Anyone who submits a comment (including duplicate comments) should understand and expect that the comment, including any personal information provided, will become a matter of public record. The division will post comments without change at www.regulations.gov and include any personal information provided. The division posts comments gathered and submitted by a third-party organization as a group, using a single document ID number at the site.

More information about the proposed rules is available at www.dol.gov/agencies/whd/flsa/… and at www.dol.gov/agencies/whd/flsa/2020-joint-employment.”

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Doris Parfaite-Claude
Federal Advocacy and Research Manager
American Network of Community Options and Resources
Alexandria, VA
(703) 535-7850, x108
dparfaite-claude@ancor.org

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Dates: April 7, 14, 21, and 28, 2021

Time: 7:00 – 8:00 pm ET

Temple University’s Institute on Disabilities is hosting a four-part virtual webinar/conversation, Healthy Sexuality: Talking to your child, youth or adult about healthy sexuality. All are welcome to attend, but this conversation series is designed for parents, support coordinators, adults with disabilities, educators, and other professionals.

Conversation Leaders

  • Beverly L. Frantz, PhD, and Parris A. Boyd, LSW, Institute on Disabilities at Temple University
  • Loretta A. Sachs, Behavioral Health Specialist, Milestone Centers Inc., Health Care Quality Unit West

Webinar Schedule

  • Session 1, Wednesday, April 7 – How to start a conversation about healthy sexuality, how to answer questions, and what topics to start with.
  • Session 2, Wednesday, April 14 – The Good-Hearted Living model will be explored. How to incorporate positive thinking and joy into our lives.
  • Session 3, Wednesday, April 21 – This session will explore the intersection between the Good-Hearted Living model and healthy sexuality.
  • Session 4, Wednesday, April 28 – How to achieve good boundaries and positive consent, especially virtually?

There are no fees for these events, but registration is required for each session. For more information, email parris.boyd@temple.edu.

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