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Children's Services

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On March 28, 2020, the Office for Civil Rights (OCR) at the US Department of Health and Human Services (HHS) is issuing a bulletin to ensure that entities covered by civil rights authorities keep in mind their obligations under laws and regulations that prohibit discrimination on the basis of race, color, national origin, disability, age, sex, and exercise of conscience and religion in HHS-funded programs, including in the provision of health care services during COVID-19.

OCR is particularly focused on ensuring that covered entities do not unlawfully discriminate against people with disabilities when making decisions about their treatment during the COVID-19 health care emergency.

OCR enforces the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, the Age Discrimination Act, and Section 1557 of the Affordable Care Act, which prohibits discrimination in HHS funded health programs or activities. These laws, like other civil rights statutes OCR enforces, remain in effect. As such, persons with disabilities should not be denied medical care on the basis of stereotypes, assessments of quality of life, or judgments about a person’s relative “worth” based on the presence or absence of disabilities or age. Decisions by covered entities concerning whether an individual is a candidate for treatment should be based on an individualized assessment of the patient and his or her circumstances, based on the best available objective medical evidence.

“Our civil rights laws protect the equal dignity of every human life from ruthless utilitarianism,” said Roger Severino, OCR Director. “HHS is committed to leaving no one behind during an emergency, and helping health care providers meet that goal.” “Persons with disabilities, with limited English skills, and older persons should not be put at the end of the line for health care during emergencies,” Severino added.

The Bulletin may be found here.

Today’s bulletin also reminds health care covered entities of unprecedented HIPAA flexibilities recently made available by OCR in response to the COVID-19 emergency concerning:

  • Guidance that empowers first responders and others who receive protected health information about individuals who have tested positive or been exposed to COVID-19 to help keep both first responders and the public safe.

For general information regarding COVID-19, please visit this website.

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CHILD CARE CLOSURES
Governor Tom Wolf announced the Closure of All Businesses That Are Not Life-
Sustaining on March 19, 2020, and child care is not considered life-sustaining on the
list. Child cares have been asked to remain closed until the Governor lifts the order but
child care is still available for life-sustaining personnel.

WAIVER TO PROVIDE CHILD CARE FOR LIFE SUSTAINING PERSONNEL
Governor Wolf recognizes the importance of caring for the children of life-sustaining
personnel, which is why the Office of Child Development and Early Learning created the
Exemption to Operate During Temporary Closure waiver for child care programs.

To see a list of child care programs operating on a waiver, visit the Department of
Human Services’ COVID-19 Resources Child Care Centers Map.

Family Child Care Homes and Group Child Care Homes operating in a residence are
permitted to remain open without a waiver and operate at their own discretion.

EARLY LEARNING RESOURCE CENTERS (ELRC) CAN HELP!
ELRCs can help working families by assisting them in finding open child cares with
waivers in your area.

ELRCs can assist families with applying for CCW (child care subsidy) or finding
other community resources they may need during this time, such as food pantries.
Locate your ELRC.

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The National Council for Behavioral Health (National Council) has distributed an extensive set of questions and answers on the recently passed Coronavirus Aid, Relief, and Economic Security Act (CARES Act). This information can assist members with answering their questions and the benefits contained within the legislation. Questions, please contact Jack Phillips.

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President Trump has signed into law the third coronavirus stimulus bill – the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). In the CARES Act, the law makes available federal loans to nonprofits through the Small Business Administration (SBA). For members’ convenience, please find a summary of the SBA loans available. Questions, contact Jack Phillips.

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FOR IMMEDIATE RELEASE
March 27, 2020

Harrisburg, PA – Today, Governor Tom Wolf issued a statement to reassure all Pennsylvanians that essential services critical to the lives, health and safety of vulnerable populations will continue regardless of actions taken to slow the spread of COVID-19.

“Under no circumstances will this administration withdraw life-sustaining services from Pennsylvanians who depend on these support systems,” Gov. Wolf said. “My commitment to maintaining essential services is uncompromised by the COVID-19 pandemic. We will not abandon older adults, individuals with disabilities, low-income families, children or any other vulnerable population during this challenging time. This administration will continue to do everything in our power to ensure that the most vulnerable among us continue to receive the services and supports they need and on which they depend.”

Specifically, the governor cited the following services and supports that will continue throughout the COVID-19 response regardless of mitigation strategies or the severity of the situation:

  • Food assistance through charitable food networks, which are life-sustaining, essential services;
  • Processing of applications and renewals for benefits, including the Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance for Needy Families (TANF), the Children’s Health Insurance Program (CHIP), and Medical Assistance as well as the Low Income Home Energy Assistance Program (LIHEAP) until the LIHEAP season ends on April 10.
  • Prompt investigations of abuse and neglect complaints involving children, adults with disabilities and older adults
  • Long-term care supports for older adults and individuals with disabilities served through providers licensed by the Department of Human Services’ Office of Long-Term Living, including personal care homes and in-home care providers;
  • Home and community-based supports for individuals with intellectual disabilities and autism who receive services through providers enrolled with or licensed by the Department of Human Services’ Office of Developmental Programs;
  • In-patient and out-patient behavioral health services for individuals with mental illness and substance use disorders through providers licensed by the Department of Human Services’ Office of Mental Health and Substance Abuse Services;
  • High-quality care for individuals residing at state-operated facilities, including state centers, state hospitals, youth development centers and youth forestry camps;
  • All services of the child-welfare system – including foster care, adoption, child abuse reporting and investigation – provided by the Department of Human Services’ Office of Children, Youth and Families (OCYF) and OCYF-licensed providers, including county agencies;

This is not an exhaustive list of services that will continue regardless of circumstances.

“This is an all-hands-on-deck operation to save lives and maintain essential services. I want to thank the workers on the front lines of this crisis and acknowledge the personal sacrifice many of them are making because they are dedicated to serving vulnerable populations,” said Department of Human Services Secretary Teresa Miller.  “I also want to assure these workers that the Wolf Administration is focused on doing everything we can to support and protect you. Please know that your efforts are appreciated and we are committed to supporting you through this crisis.”

Visit the PA Department of Health’s dedicated Coronavirus webpage for the most up-to-date information regarding COVID-19.

Guidance to DHS providers related to COVID-19 is available here.

MEDIA CONTACT: Erin James, 717-425-7606

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