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Basic Coronavirus (COVID-19) FAQs Q: What precautions does the federal or state government recommend to lower the risk of COVID-19 exposure? A: Current Center for Disease Control (CDC) guidelines for those who are concerned about exposure or symptoms for COVID-19 are accessible online at https://www.cdc.gov/coronavirus/2019-ncov/if-you-are-sick/steps-when-sick.html. The Texas Department of State Health Services has some useful resources on its website at https://dshs.texas.gov/coronavirus/. Employers may also call the city or county health authorities in their places of operation for further assistance. Q: What does the CDC recommend regarding quarantines? A: The CDC guidelines do not currently include involuntary quarantining for those who have been exposed to a higher-than-normal risk of coronavirus. However, voluntary self-quarantining is mentioned as one way that employees who feel the onset of symptoms can assist in minimizing the risk of spreading disease. Naturally, good judgment and common sense go a long way, and employees who voluntarily self-quarantine should be treated the same way that any other employee would be treated who reports absences due to medical conditions, i.e., apply the company's normal medical absence policy. Q: Has the Texas Workforce Commission (TWC) waived the one-week waiting period for unemployment insurance (UI) Benefits? A: Yes, Governor Abbott granted the Texas Workforce Commission’s request to suspend the one-week waiting period. Workers in Texas will be able to receive benefits immediately after their unemployment benefit applications are approved. Q: Is an employer allowed to send an employee home if they are showing signs of illness, such as coughing, sneezing, or report that they have aches or chills? A: Yes, in keeping with an employer’s general duty under OSHA to maintain a safe and healthy workplace for employees, employees who appear to be sick may be asked to go home, but do so as politely and discreetly as possible. However, the employer should be consistent and treat all employees who exhibit risky symptoms the same. Q: Do we need to worry about medical privacy laws? A: Medical information enjoys the highest degree of privacy protection. Other employees do not have the right to gossip about others if the gossip violates their right to be free of a hostile work environment or invasion of privacy. Legitimate concerns about health issues of employees should be discussed with appropriate supervisors, not with others who have no authority to do anything about it. In general, see https://twc.texas.gov/news/efte/medical_information_confidentiality_policy.html. Q: What if we know that an employee has been exposed to COVID-19, but they are showing no symptoms? A: Generally, there is no Texas or federal law that would prohibit a company from telling employees to stay home if they have had a higher-than-normal degree of exposure to individuals actually infected with the disease. As noted above, be consistent and do not base self-isolation orders on factors such as race or national origin. There have been scattered reports of ethnic discrimination, particularly against people who look like they might have come from Asia. The Equal Employment Opportunity Commission (EEOC) is already warning employers that singling employees out based on ethnic or national origin concerns could trigger a discrimination charge. Q: Would the employer have to pay sick leave to that employee? A: Yes, if the company offers such paid leave. Paid leave policies should be followed - failure to pay for leave owed under a written paid leave policy is a violation of the Texas Payday Law. Q: Could they file unemployment claims and draw unemployment benefits if they are told to go home for medical reasons? A: No, if they are receiving paid leave benefits. While on paid medical leave, they would not be considered "unemployed" under TWC laws and would not be able to claim unemployment insurance (UI) benefits. Q: What if they are not getting paid leave? A: If they are on unpaid leave, they could be considered unemployed if they are out long enough to satisfy the test for either partial or total unemployment (for those definitions, see our book Especially for Texas Employers online at https://twc.texas.gov/news/efte/ui_law_eligibility_issues.html#defin_of_unemployment). Q: Does an employee get unemployment benefits even if they are too sick to work? A: Any claimant who is able to file a claim for UI benefits must meet the eligibility requirements in order to actually draw benefits. Most notably, the claimant must be medically able to work and be available and actively searching for full-time work. Employees on temporary layoff status may be excused from work search requirements if they have a definite return-to-work date less than eight to twelve weeks in the future. Q: Is there any way an employer can avoid the cost of unemployment benefits? A: An employer may be eligible for protection from chargebacks from UI benefits if the evidence shows that the work separation was for medical reasons. However, if the reason for the work separation was merely a cautionary period of time off to minimize potential exposure of others to someone who might be infected, but might not be, chargeback protection would most likely not be extended to the employer. To minimize the chance of unemployment claims being filed, the employer can encourage employees to work from home if the job is such that remote work is possible. Proper recording of work time is necessary, and the employer would need to work with the employees to set up a timekeeping system that works properly and takes all time worked into account. Q: I am concerned that my small shop might be ordered to close its doors to control the pandemic. Would I have to pay for unemployment benefits for my employees? A: If a business shuts down due to a closure order from a governmental entity, Section 204.022(a)(1-2) (see https://statutes.capitol.texas.gov/Docs/LA/htm/LA.204.htm#204.022) of the Texas Labor Code may allow an employer to ask for chargeback protection. If that were to happen, you should include a copy of the shutdown order with your response to the unemployment claim and argue that the closure was mandated by a local or state order. Q: Can TWC assist us if the pandemic forces a mass layoff? A: Yes – TWC’s Rapid Response Unit can help employers and affected employees access unemployment claim and reemployment services in a very streamlined and efficient manner. For information, see the TWC website at https://twc.texas.gov/businesses/rapid-response. Q: What other alternatives exist to avoid mass layoffs? A: TWC administers the Shared Work Program, which allows partial unemployment benefits for similarly-situated employees whose hours are reduced by a standard amount between 10 and 40 percent – information about that program is https://twc.texas.gov/businesses/shared-work. Q: What other information is on the TWC website about workplace illness issues? A: The following topics in our book Texas Guidebook for Employers may be useful: https://twc.texas.gov/news/efte/medical_leave_laws.html and https://twc.texas.gov/news/efte/fmla.html. Q: What can an employer ask for if an employee tells us she is ready to return to work? A: A question that might come up is whether it is permissible for an employer to require a doctor's release / fitness for duty certificate or something similar if an employee is returning from an absence caused by something that looks or acts like COVID-19. It would be good to keep in mind that many employees may have financial problems relating to inability to pay to see a doctor, so they should take that into account, and also that at least under current conditions, medical documentation should be requested only if a person is known to have been exposed to a communicable disease (not just coronavirus, but also things that are just as infectious, such as colds, flu, and other viral pests). Moreover, medical offices are almost overwhelmed, so issuing documentation will not be high on their priority lists, and tests for COVID-19 are not yet widely available. Finally, requests for medical documentation should be done consistently and fairly for all similarly-situated employees. Aaron S. Demerson Commissioner Representing Employers Texas Workforce Commission

To check your area, you can search your county or city name along with "SIP COVID Orders" (Ex: Travis County SIP Order COVID). Dallas County Order to Shelter in Place Tarrant County Order to Shelter in Place Denton County Order to Shelter in Place Rockwall County Order to Shelter in Place Harris County Order to Shelter in Place Galveston County Order to Shelter in Place City of Austin Order to Shelter in Place City of San Antonio Order to Shelter in Place

The Governor's Committee on People with Disabilities (GCPD) and the Office of the Governor (OOG) have made materials available in American Sign Language (ASL). Please click the link below to access these materials: https://content.govdelivery.com/accounts/TXGOV/bulletins/2871d15

Submit your COVID-19 Health and Education Policy Questions to the link below. https://content.govdelivery.com/accounts/TXGOV/bulletins/2858a47

Information Letter 2020-22 (PDF) reminds FMSAs and CDS employers to comply with all applicable employment-related laws. This includes the DOL temporary rule and associated guidance about the Families First Coronavirus Response Act. The letter also provides FFCRA information and resources. FMSAs are required to share the information contained in this letter with CDS employers and DRs.

DSHS New Release: People 65 and older or with certain medical conditions in next phase for COVID-19 vaccine The state of Texas will prioritize people who are at the greatest risk of severe disease and death from COVID-19 for the next phase of vaccination. More than 70 percent of COVID-19 deaths in Texas have occurred in people 65 and older, and scientific evidence shows that adults of any age with certain medical conditions have an increased risk of hospitalization and death if they get sick with COVID-19. At a meeting Dec. 17, the Expert Vaccine Allocation Panel recommended vaccinating these diverse groups in Phase 1B of vaccine distribution to limit the loss of life from COVID-19 and help reduce the burden on the state’s hospitals. Texas Department of State Health Services Commissioner John Hellerstedt, MD, has approved that definition. “The focus on people who are age 65 and older or who have comorbidities will protect the most vulnerable populations,” said Imelda Garcia, EVAP chair and DSHS associate commissioner for laboratory and infectious disease services. “This approach ensures that Texans at the most severe risk from COVID-19 can be protected across races and ethnicities and regardless of where they work.” The state is currently in Phase 1A of vaccine distribution, which includes residents of long-term care facilities and front-line health care workers. With an estimated 1.9 million Texans in those groups, it will likely be at least a few weeks before a transition to Phase 1B occurs. The timing will depend on the amount of vaccine provided to Texas and the uptake of vaccine among the priority populations. The Phase 1B priorities are below, and additional information is available at dshs.texas.gov/coronavirus/immunize/vaccine/EVAP-Phase1B.pdf. The full EVAP will continue to meet and make recommendations about the prioritization of additional groups for the COVID-19 vaccine. (News Media Contact: pressofficer@dshs.texas.gov) Texas Phase 1B COVID-19 Vaccine Priorities People 65 years of age and older People 16 years of age and older with at least one chronic medical condition that puts them at increased risk for severe illness from the virus that causes COVID-19, such as but not limited to: Cancer Chronic kidney disease COPD (chronic obstructive pulmonary disease) Heart conditions, such as heart failure, coronary artery disease or cardiomyopathies Solid organ transplantation Obesity and severe obesity (body mass index of 30 kg/m2 or higher) Pregnancy Sickle cell disease Type 2 diabetes mellitus

As of tomorrow, your employee’s time is supposed to be reported in EVV. Due to various obstacles and system problems, you will need to continue to submit paper timesheets for 1.1.2021 until the systems are all working. We will then assist you on how to input your time into Vesta once you are completely set up. Our leadership has talked to the state about this issue. Other clients with other FMSAs are encountering similar issues and each FMSA is problem solving in different ways. This notice is to assure you that your employees will get paid if you continue to send us timely, correct, and authorized time using paper time sheets. Once the systems are working, paper time sheets will no longer be accepted. You should have already turned in your Clock in/out Method Selection, Form 1722, and your training certificate. Various trainings are available which have been emailed/mailed out to you. If you are missing any of these items, please reach out to your consultant. We are a team and will get through this together. We are here to help. We appreciate your patience and wish you and your family a Happy New Year!

HHSC wants to ensure Consumer Directed Services employers are aware of Electronic Visit Verification requirements. Participation in EVV is mandatory starting Jan. 1, 2021. FMSAs may provide a copy of the EVV Requirements for CDS Employers (PDF) letter to CDS employers who still need to complete Form 1722, Employers Selection for Electronic Visit Verification Responsibilities, or who still need to begin the EVV onboarding process. Providing a copy of the letter to CDS employers is not mandatory. Email: EVV policy questions: Electronic_Visit_Verification@hhsc.state.tx.us and CDS policy questions: CDS@hhsc.state.tx.us

DSHS Updates COVID-19 Vaccine Frequently Asked Question DSHS updated their FAQ page to include community-based intermediate care facilities for individuals with an intellectual disability or related condition, regardless of size, and small group home residence settings (three and four-person residences) that are owned and operated by certified Home and Community-based Services Medicaid Waiver Program providers in the definition of "long-term care facilities." Read the COVID-19 Vaccine FAQs on the DSHS website.

EVV Policy Update: 90 Day Visit Maintenance Temporary Policy HHSC posted the Electronic Visit Verification Temporary 90 Day Visit Maintenance Policy (PDF) on the HHS EVV webpage. The policy: Is effective on Jan. 1, 2021. Applies to all program providers, financial management services agencies and Consumer Directed Services employers required to use EVV. Allows 90 days to complete visit maintenance, instead of the standard 60 days, for visits with dates of service from Jan. 1, 2021–March 31, 2021. Gives Cures Act program providers, FMSAs and CDS employers required to use EVV beginning Jan. 1, 2021, more time to familiarize themselves with the EVV system and the visit maintenance process. As a reminder, program providers currently required to use EVV have 180 days to complete visit maintenance for visits with dates of service from March 21, 2020–Dec. 31, 2020, as described in the Temporary EVV Policies for COVID-19 (PDF). Contact your payer with policy questions or email HHSC EVV.

In Loving Memory of Gene Whitten-Legé Gene Whitten-Legé a 50+-year resident of Houston, Tx passed away 02/21/21 at the age of 82. Bradshaw Carter funeral home in Houston, Tx provided cremation services. Memorial and burial services will be announced later in the year. He was the active CEO and co-founder of In-Home Attendant Services. He was successfully moving into remission from Leukemia until Covid attacked on multiple fronts. From the hospital, he checked on business every morning. The day before his death he seemed in good spirits and was on a visual call with his wife and business partner Pat, 3 of his sons Gene Jr., David, and Jon, daughter Joan, and granddaughter Jacqueline. Many of us can say, “He believed in me and challenged me to be my best self.” Special people in his life did that for him and he passed it on. Those of us who have worked with him know his heart and passion and are dedicated to do our best to carry it forward. He was passionate in all that he did and never hesitated to speak his mind. He filled a room with energy and piercing blue eyes. He was a seeker of knowledge, a philosopher, and advocate. He was a talker, a bit of a rebel and tinkered with everything. Computerization provided a whole new realm to learn and tinker. He loved getting to know people and seeing people grow. He was the 11th of 12 children in a blended family that moved from Louisiana to Port Arthur, Tx. Speaking only French, he entered Kindergarten. Following high school, he served as a Navy photographer in Europe. He earned a MSSW from UT Austin after getting his BA from Lamar University while working in the chemistry lab at Pure Oil and as a photo lithographer at Port Arthur News. As a Licensed and Certified Social Worker, he provided a lifetime of leadership in policy and program development, advocacy, and multiagency initiatives while serving in positions with the state of Texas, Catholic Charities, and home health agencies. As Executive Director of Harris County Child Welfare, he led the agency to national certification and established several innovative children’s services. He piloted the first Consumer Directed self-direction initiative in Texas for people with disabilities and served on the first State CDS Workgroup that established and expanded consumer direction. He was a member of NASW, several professional advisory groups, and a Board Member of Coalition of Texans with Disabilities. He is survived by his wife of 43 years Pat Whitten- Legé, their son Jon Whitten-Legé and 4 children from a previous marriage: Gene Legé, Jr, David Legé, Joan Legé-Krebs, and Joey Legé and 1 brother Gilbert J. Legé of Groves, Tx, 7 grandchildren with one on the way and numerous nieces, nephews, cousins, and work family and friends. He was preceded in death by his 2nd son Rudy Legé, a talented Austin musician, his father and mother, 2 sisters, 1 brother and 7 older siblings from his blended family. The family thanks all of you of all faiths for your prayers and offerings. In remembrance of Gene’s life, the family asks that any charitable donations be made to one of the following charities or a charity nearest to your heart. The Acadian Memorial in St. Martinville, La. https://acadianmemorial.org/ Coalition of Texans with Disabilities https://www.txdisabilities.org/ Parent to Parent of Texas https://www.txp2p.org/ SIMS Foundation for Austin musicians https://simsfoundation.org/about-us/