Congress Passes Paycheck Protection Program and Health Care Enhancement Act

From Family Voices Washington Update

On April 24, the president signed the Paycheck Protection Program and Health Care Enhancement Act (H.R. 266). The day before, the House had passed the bill, which had previously been amended and passed by the Senate on a voice vote. While most Senators have not yet returned to DC, a quorum was present in the House, and the bill was approved by a roll-call vote, 388-5. The bill replenishes funds for the Paycheck Protection Program ($321 billion), which provides small-business and nonprofit financial relief. The bill also includes an additional $60 billion in economic disaster loans for small businesses, funding for hospitals and other providers ($75 billion), and for coronavirus testing ($25 billion). It does not include assistance for states and localities. For more details, see this blog post from the National Conference of State Legislatures. See also House Passes $484 Billion Relief Package after Weeks of Partisan Battles (Politico, 4/23/20).



Although the bill passed on the 23rd is the fourth coronavirus bill, it is often referred to as package 3.5 because it mainly enhances existing programs without creating new policies. Another bill, known as Package 4, or CARES 2, is being developed now, and is expected to be considered after Congress returns to DC, which is now scheduled for May 4. Health, disability, and family advocates are promoting a number of provisions they would like to see in the next bill, including an increase in the federal share of Medicaid (also sought by the bipartisan National Governors Association), funding provided specifically for home and community-based care, recruitment and hazard pay for healthcare workers, expansions of paid sick leave and paid family leave, a funding increase for Family-to-Family Health Information Centers, and measures to address child welfare.



Advocates will also be opposing efforts by some governors of both parties to weaken the previously-enacted Medicaid “maintenance of effort” (MOE) provisions, on which the extra federal Medicaid match is conditioned. Among other requirements, the MOE bars states from disenrolling any Medicaid beneficiaries during the public health emergency and requires them to cover COVID-19 testing and treatment without cost sharing. It also prohibits states from reducing benefits for any beneficiary enrolled in Medicaid on or after March 18, 2020, through the end of the month in which the emergency period ends. Accordingly, children should continue to receive EPSDT benefits during the emergency period even if they otherwise would have aged out. See Families First Coronavirus Response Act – Increased FMAP FAQs (updated 4/13/20), Q 12.

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