| Families First Coronavirus Response Act (HR 6201) |
| Act/Bill Provision |
What the bill does |
Estimated Impact on Pennsylvania's Budget1 |
| Division A - Appropriations |
| Title 1 - Department of Agriculture |
| Food and Nutrition Service Supplemental Nutrition Program for Women, Infants, and Children (WIC) |
$500 million in special supplemental WIC funding, available until 9/30/2021 |
$14.1 million increased federal funds |
| Commodity Assistance Program |
$400 million for the emergency food assistance program (TEFAP), available until 9/30/21, up to $100 million may be used for cost associated with the distribution |
$15.5 million increased federal funds |
| General Provisions |
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| Section 1101 - Food assistance for children missing school |
Allows for approval of state waivers to provide assistance for families with children missing school for 5 or more consecutive days, funding necessary to carry out these waivers is approved |
No estimate at this time |
| Section 1102 - Food assistance to territories |
$100 million for food nutrition grants to Northern Mariana Islands, Puerto Rico, and American Samoa, available until 9/30/21 |
N/A |
| Title 2 - Department of Defense |
| Defense Health Programs |
$82 million for COVID-19 testing and related visits, available until 9/30/22 |
N/A |
| Title 3 - Department of the Treasury |
| Internal Revenue Service - Taxpayer Services |
$15 million to carry out the act, available until 9/30/22 |
N/A |
| Title 4 - Department of Health and Human Services |
| Indian Health Services |
$64 million for COVID-19 testing and related visits, available until 9/30/22 |
N/A |
| Title 5 - Department of Health and Human Services |
| Administration for Community Living - Aging and Disability Services Programs |
$160 million for home delivered meals, $80 million for congregate meals, $10 million for nutrition services for Native Americans, available until 9/30/21 |
$9.7 million increased federal funds |
| Office of the Secretary - Public Health and Social Services Emergency Fund |
$1 billion for COVID-19 testing and related visits for uninsured individuals, available until expended |
No estimate at this time |
| Title 6 - Department of Veterans Affairs |
| Veterans Health Administration - Medical Services |
$30 million for health services related to COVID-19, available until 9/30/22 |
N/A |
| Veterans Health Administration - Medical Community Care |
$30 million for health services related to COVID-19, available until 9/30/22 |
N/A |
| Division B - Nutrition Waivers |
| Title 1 - Maintaining Essential Access to Lunch for Students Act |
| Section 2101 - Short Title |
Maintaining Essential Access to Lunch for Students (MEALS) Act |
N/A |
| Section 2102 - Waiver Exception for School Closures Due to COVID-19 |
Allows for the approval of state waiver requests for the National School Lunch Program |
No estimate at this time |
| Title 2 - COVID-19 Child Nutrition Response Act |
| Section 2201 - Short Title |
COVID-19 Child Nutrition Response Act |
N/A |
| Section 2202 - National School Lunch Program Requirement Waivers Addressing COVID-19 |
Establishes a nation-wide waiver for any state that elects it to (1) allow non-congregate feeding under a child and adult care food program, and (2) waive nutritional content requirements due to supply chain disruptions, sunsets 9/30/20 and includes reporting requirements |
N/A |
| Section 2203 - Physical Presence Waiver Under WIC During Certain Public Health Emergencies |
Allows for the approval of state waiver requests to (1) physically present for services during the emergency period, and (2) defer blood work requirements to determine nutritional risk, sunsets 9/30/20 and includes reporting requirements |
N/A |
| Section 2204 - Administrative Requirement Waiver Under WIC |
Allows for the approval of state waiver requests to modify or waive any qualified administrative requirement, sunsets 9/30/20 and includes reporting requirements |
N/A |
| Title 3 - SNAP Waivers |
| Section 2301 - SNAP Flexibility for Low-Income Jobless Workers |
Suspends federal SNAP work requirements from the first day of the month of enactment to the end of the month subsequent to the lifting of the federal health emergency declaration |
N/A |
| Section 2302 - Additional SNAP Flexibilities in a Public Health Emergency |
If a state issues a COVID-19 emergency or disaster declaration, states may request to provide emergency allotments to SNAP households not greater than the maximum monthly allotment for the household size |
N/A |
| Division C - Emergency Family and Medical Leave Expansion Act |
| Section 3101 - Short Title |
Emergency Family and Medical Leave Expansion Act |
N/A |
| Section 3102 - Amendment to the Family and Medical Leave Act of 1993 |
Amends the FMLA from the date of enactment through 12/31/20 to:
• Employers with between 50 and 499 employees shall provide paid leave for days over 10 days to employees employed for at least 30 calendar days unable to work or telework due to an inability to access care for a child due to a public health emergency. Payment should be at 2/3 of regular rate at the normally scheduled hours, capped at $200 per day and $10,000 overall. Payment for the first 10 days of absence can be through existing leave or may be unpaid if leave is not available.
• Extends 12 weeks of job protection to employees who must take leave due to an inability to access care for a child due to a public health emergency. Some exclusions apply. |
N/A |
| Section 3103 - Employment Under Multi-Employer Bargaining Agreements |
An employer part of a multiemployer collective bargaining agreement may meet the requirements of the previous section by contributing to a fund, plan or program consistent with its collective bargaining agreement |
N/A |
| Section 3104 - Special Rule for Certain Employers |
Exempts employers with fewer than 50 employees |
N/A |
| Section 3105 - Special Rule for Health Care Providers and Emergency Responders |
Employers of health care providers or emergency responders may elect to exclude employees from paid family leave |
N/A |
| Section 3106 - Effective Date |
Takes effect no later than 15 days after enactment |
N/A |
| Division D - Emergency Unemployment Insurance Stabilization and Access Act of 2020 |
| Section 4101 - Short Title |
Emergency Unemployment Insurance Stabilization and Access Act of 2020 |
N/A |
| Section 4102 - Emergency Transfers for Unemployment Compensation Administration |
Provides $1 billion for emergency administration grants:
• $500 million for all states, who:
? require employers to provide notification of UC to employees at the time of separation
? allow applications for UC in at least two formats
? notify applicants when applications are received and being processed, and in any case an application is unable to be processed, provides steps applicants can take
• $500 million for states with 10 percent or more increase in quarterly UC claims compared to the prior year. To receive funds, states must meet additional requirements, including flexibility of work search, waiting week, good cause or employer experience rating provisions.
Includes reporting requirements |
$15.3 million from all state allotment, $15.3 million if 10 percent UC |
| Section 4103 - Temporary Assistance for State with Advances |
Advances of benefits will not incur interest until 12/31/20 |
No estimate at this time |
| Section 4104 - Technical Assistance and Guidance for Short-Time Compensation Programs |
The Secretary of Labor shall assist states in establishing, implementing, and improving the employer awareness of short-time compensation programs |
N/A |
| Section 4105 - Full Federal Funding of Extended Unemployment Compensation for a Limited Period |
Provides for full federal funding of benefits issued with funds in Section 4102, rather than the normal 50/50 cost share |
No estimate at this time |
| Division E - Emergency Paid Sick Leave Act |
| Section 5101 - Short Title |
Emergency Paid Sick Leave Act |
N/A |
| Section 5102 - Paid Sick Time Requirement |
An employer shall provide paid sick leave of 80 hours for full time and average hours for part time if the employee is unable to work or telework due to:
• Employee is quarantined or in isolation related to COVID-19
• Employee has been advised to self-quarantine related to COVID-19
• Employee is experiencing symptom of COVID-19 and is seeking a medical diagnosis
• Employee is caring for someone who is quarantined or who has been advised to self-quarantine related to COVID-19
• Employee is caring for a child whose school or place of care has been closed, or child care is unavailable due to COVID-19
Employers of health care providers or emergency responders may elect to be excluded.
See Section 5110 for limits. |
N/A |
| Section 5103 - Notice |
Secretary of Labor should provide a model notice of Act requirements and employers shall post notice |
N/A |
| Section 5104 - Prohibited Acts |
Employers may not discharge, discipline or discriminate against employees who take leave under this act or have filed a complaint related to this Act |
N/A |
| Section 5105 - Enforcement |
Employers who violate this Act shall be subject to penalties |
N/A |
| Section 5106 - Employment Under Multi-Employer Bargaining Agreements |
An employer part of a multiemployer collective bargaining agreement may meet the requirements of the previous section by contributing to a fund, plan or program consistent with its collective bargaining agreement |
N/A |
| Section 5107 - Rules of Construction |
Nothing in the Act shall be construed to diminish the rights of employees under other federal, state or local laws, collective bargaining agreement, or existing employer policy |
N/A |
| Section 5108 - Effective Date |
Takes effect no later than 15 days after enactment |
N/A |
| Section 5109 - Sunset |
Expires 12/31/20 |
N/A |
| Section 5110 - Definitions |
Defines employee, employer, covered employer (fewer than 500 employees), FLSA terms, FMLA terms, and paid sick time.
Paid sick time is hours normally worked at regular compensation for employee impacts under Section 5102 related to the employee, capped at $511 per day and $5,110 in aggregate, or hours normally worked at 2/3 regular compensation for employee impacts under Section 5102 related to care of another, capped at $200 per day and $2,000 in aggregate. |
N/A |
| Section 5111 - Regulatory Authorities |
Secretary of Labor may issue regulations for good cause to (1) exclude certain health care providers and emergency responders, (2) exempt small business with fewer than 50 employees, and (3) carry out the purposes of the Act |
N/A |
| Division F - Health Provision |
| Section 6001 - Coverage of Testing for COVID-19 |
Group health plans and health insurance issuers shall provide coverage, without cost sharing or prior authorization, for COVID-19 diagnostic testing and testing-related outpatient services |
N/A |
| Section 6002 - Waiving Cost Sharing Under the Medicare Program for Certain Visits Relating to Testing for COVID-19 |
Medicare shall cover 100% of the payment, without cost sharing to the Medicare enrollee, for COVID-19 testing-related outpatient services |
N/A |
| Section 6003 - Coverage of Testing for COVID-19 at No Cost Sharing Under the Medicare Advantage Program |
Medicare Advantage plans shall provide coverage, without cost sharing or prior authorization, for COVID-19 diagnostic testing and testing-related outpatient services |
N/A |
| Section 6004 - Coverage at No Cost Sharing of COVID-19 Testing Under Medicaid and CHIP |
States shall provide Medicaid and CHIP coverage, without cost sharing or prior authorization, for COVID-19 diagnostic testing and testing-related outpatient services.
Allows states to optionally provide testing to uninsured individuals at 100 percent federal match |
No cost estimate at this time |
| Section 6005 - Treatment of Personal Respiratory Protective Devices as Covered Countermeasures |
Includes personal respiratory protective device as a covered countermeasure |
N/A |
| Section 6006 - Application with Respect to Tricare, Coverage for Veterans, and Coverage for Federal Civilians |
Tricare, Veterans' Affairs, and federal civilian employees shall be covered, without cost sharing, for COVID-19 diagnostic testing and testing-related outpatient services |
N/A |
| Section 6007 - Coverage of Testing for COVID-19 at No Cost Sharing for Indians Receiving Purchased/Referred Care |
Individuals receiving services through Indian Health Services shall be covered, without cost sharing, for COVID-19 diagnostic testing and testing-related outpatient services |
N/A |
| Section 6008 - Temporary Increase of Medicaid FMAP |
States will receive a 6.2 percent increase in their federal medical assistance percentage (FMAP) for the calendar quarter that includes the date of emergency declaration through the calendar quarter that includes the last day of the emergency declaration |
$400 million per quarter in increased federal match, decreased state need2 |
| Section 6009 - Increase in Medicaid Allotments for Territories |
Increases Medicaid allotments for territories |
N/A |
| Section 6010 - Clarification Relating to Secretarial Authority Regarding Medicare Telehealth Services Furnished During COVID-19 Emergency Period |
Medicare clarification related to the provision of telehealth services (possible reference issue as language being amended does not exist) |
N/A |
| Division G - Tax Credits for Paid Sick and Paid Family and Medical Leave |
| Section 7001 - Payroll Credit for Required Paid Sick Leave |
Qualified sick leave paid by non-governmental employers may be applied as a credit against certain taxes or refunded if qualified sick leave wages exceed those taxes. |
N/A |
| Section 7002 - Credit for Sick Leave for Certain Self-Employed Individuals |
Qualified sick leave paid by self-employed employers may be applied as a credit against certain taxes or refunded if qualified sick leave wages exceed those taxes. |
N/A |
| Section 7003 - Payroll Credit for Required Paid Family Leave |
Qualified family leave paid by non-governmental employers may be applied as a credit against certain taxes or refunded if qualified family leave wages exceed those taxes. |
N/A |
| Section 7004 - Credit for Family Leave for Certain Self-Employed Individuals |
Qualified family leave paid by self-employed employers may be applied as a credit against certain taxes or refunded if qualified family leave wages exceed those taxes. |
N/A |
| Section 7005 - Special Rule Related to Tax on Employers |
Wages required to be paid under this section will not be considered wages for purposes of employer Social Security |
N/A |
| Division H - Budgetary Effects |
| Section 8001 - Budgetary Effects |
Federal budgetary effects language |
N/A |
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| Footnotes: |
1 - Source is either Federal Funds Information for States (FFIS) or HACD |
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2 - Estimate is based on the average of the last four quarters of claims - due to PA Medical Assistance payment schedules and actual disaster dates, actual impact may fluctuate significantly |
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