COVID-19 Medi-Cal coverage of emergency services

Because of the ongoing public health emergency, COVID-19 testing and related medically necessary treatment, including services provided outside of a hospital emergency department, rae deemed to be emergency services.  All enrolled Medi-Cal beneficiaries, regardless of scope of coverage or documentation status, are entitled to all inpatient and outpatient services necessary for testing and treatment of COVID-19.  Continuation of medically necessary impatient services and follow-up care after the emergency is resolved is not authorized or reimbursed for undocumented beneficiaries enrolled only for restricted scope benefits.

There is no co-pay for emergency services, including testing, evaluation and treatment of COVID-19.  (DHCS Letter, April 8, 2020.)

COVID-19 hospice requirements

The California Department of Public Health (CDPH) is temporarily waiving certain licensing requirement for hospice care because of COVID-19 until the end of the state of emergency.  A hospice that has submitted an application for initial licensure, additional location or change of service may begin providing care prior to obtaining approval and licensure by CDPH.  A licensee that as applied to CDPH for renewal of a license, or reinstatement of a license that has been voluntarily suspended, may begin or continue providing care prior to obtaining approval of the renewal or reinstatement by CDPH.

Health examinations, TB testing and background checks for new employees are temporarily suspended.  The hospice must ensure each employee completes these actions no later than 30 days after the end of the state of emergency.

Hospices are temporarily not required to provide volunteer services.

Hospice providers will have flexibility in how they provide basic services to patients, including providing services by telehealth or other remote methods.

Hospice providers may temporarily use health care professionals regulated under the Healing Arts division of the Business and Professions Code.

Small and rural hospices may temporarily provide services to no more than 50 patients per year.  (AFL 20-47, April 23, 2020.)

COVID-19 hotels for healthcare workers

California is providing free or discounted hotel rooms to healthcare workers who are exposed to or test positive for COVID-19.  To be eligible, healthcare facilities need to certify that employees within their healthcare facility have presumably been exposed to COVID-19 and should self-isolate and/or quarantine to avoid further spreading the virus in the community.  (AFL 20-45, April 20, 2020.)

COVID-19 HUD waivers

The United States Department of Housing and Urban Development has issued several waivers regarding requirements for various programs because of COVID-19.  This summary focuses on waivers that directly affect tenants and voucher holders.

Waivers for both public housing and voucher

The public meeting requirement for public housing authority (PHA) 5 year plans and annual plans is waived.  HUD provided alternative deadlines for some PHA to complete their plans.

Annual recertifications for public housing, housing choice voucher (HCV) and project based voucher (PBV) are delayed. All recertifications need to be done by December 31, 2020.  PHAs can forgo third party verification and accept self-certification as the highest form of verification.  Self-certification can be done by telephone, email or mail.  Recertifications do not need to be done in person.

Third party verification for interim reexaminations because of decrease in income is waived through July 31, 2020.  Self-certification can be accepted as the highest form of verification.

PHAs can extend Family Self-Sufficiency (FSS) plans for up to two years for good cause.  COVID-19 is good cause to extend a FSS plan through December 31, 2020.

Notice of a PHA opening a waiting list can be posted on the PHAs website and voicemail through July 31, 2020.

HCV and PBV

Housing Quality Standards (HQS) inspections are delayed.  Through July 31, 2020, owners can certify that they have no reasonable basis to know of life threatening conditions at the property. Inspections must occur by October 31, 2020.

For initial HQS inspections, through July 31, 2020 there is a 30 day extension for non-life threatening repairs to 60 days and payment can begin while repairs are occurring.

Occupancy will be allowed if the unit passed an alternative inspection in the last 24 months.  A new HQS inspection must be done no later than October 31, 2020.

Biannual HQS inspections are delayed to no later than October 31, 2020.

Public Housing

PHAs can make changes to their Admissions and Continuing Occupancy Policy (ACOP) without approval of their Board.  The Board must approve changes no later than July 31, 2020.

The community service requirement is suspended until March 31, 2021.

Families with income exceeding the maximum income for two consecutive years can remain in their unit at their current rent until the next annual recertification.

Indian housing

For Indian Housing Block Grant (IHBG), providers can do less frequent income verification, allow verification of income remotely including self-certification by phone or email for fiscal year 2020 grants.

IHBG funds can be used for public health for fiscal year 2020 grants.

IHBG funds can be used to prevent, prepare for and respond to COVID-19 for fiscal year 2020 grants.

Indian Community Development Block Grant funds can be used for emergency payments for low and moderate income individuals and families impacted by COVID-19.  Initially, payments are limited to 3 months.  (PIH Notice 2020-05, April 10, 2020.)

COVID-19 verification of foster care status for Phones for Foster Youth program

The Phones for Foster Youth program provides a free smartphone with unlimited voice and text and hotspot capability, to current and former foster youth residing in California.  To be eligible, a person must be a current or former foster youth between ages 13 and 26 who was in foster care on their 13th birthday or later and who resides in California.  To apply, persons must fill out an application by email and provide verification of their dependency or ward status and foster care placement.  Youth who do not currently have access to email or internet can contact the Office of the Foster Care Ombudsperson for assistance.

Pursuant to Executive Order, the California Department of Social Services (CDSS) may issue foster care verification to current dependents and wards for purposes of the Phones for Foster Youth program.  CDSS, county placement agencies and IV-E tribes may provide verification directly.  County placement agencies and IV-E tribes may provide a list of foster youth eligible for the program.  Current or former foster youth may request a verification letter from contact the Office of the Foster Care Ombudsperson.  (ACIN I-32-20, April 17, 2020.)

COVID-19 CAPI procedures

The California Department of Social Services (CDSS) has issued clarification regarding procedures for the Cash Assistance Program for Immigrants (CAPI) program during COVID-19.  Counties are to promptly determine CAPI eligibility without waiting for signed forms for requested documentation.  However, the county must receive all requested documentation prior to issuing a notice of action or starting to pay benefits.

CAPI applications remain subject to the 30-day determination deadline except for disability determinations for applicants under age 65. Applicants must be informed of required documents before the 30 day timeframe starts.  For telephone applications, the county should follow up with a letter stating all required documentation.  The date of the telephone application is the first day of the 30-day application process.  For mailed applications, the date the application is received and date stamped by the county is the first day of the 30-day process.

Redeterminations have been suspended for 90 days.  Any CAPI case due to be redetermined in March, April, May or June is extended for 12 months and may not be redetermined until the scheduled redetermination date in 2021.  Counties must ensure that adverse actions from March, 2020 redeterminations are not taken and must rescind any that were.  Any notices that were manually sent to CAPI recipients in March to inform of adverse action must be manually rescinded.  No CAPI annual redeterminations can occur until after July 1.

CAPI recipients are still required to report changes in circumstances within 10 days.  However, only redeterminations caused by a report that will increase benefits will be processed.  No negative action may be taken against any CAPI recipient, regardless of the reason.

Redeterminations connected with inter-county transfers are temporarily waived.  A redetermination should occur after the governor’s executive order on redeterminations expires.

All current overpayment policies remain in place.  Counties must review waiver requests.

The requirement to apply for SSI as a condition of CAPI eligibility remains in place.  However, counties and CAPI consortia are directed to accept any verbal or written statement by a CAPI applicant that they applied for SSI and are waiting for a decision from the Social Security Administration.  In addition, the immigration status code N13 on the INQX screen in MEDS, when dated in the last six months, is sufficient to show the SSI application and that it was denied solely because of immigration status.

Counties may still send Interim Assistance Reimbursement forms but are not required to do so.

The federal individual stimulus payment will not count as income for CAPI.  Benefits from Pandemic Unemployment Assistance, Pandemic Emergency Unemployment Compensation and Pandemic Unemployment Assistance are also excluded as income because they are benefits related to a major disaster.  However, these benefits are counted as income for purposes of the indigence exception to sponsor deeming.  (ACL 20-46, April 22, 2020.)