(Recorded Webinar) “Long Covid” and Head Start Agencies’ Legal Obligations under the Americans with Disabilities Act (ADA) and Other Disability Rights Law

Duration: 60 minutes
Recorded on: 9/8/2022

Some people who have been infected with the virus that causes COVID-19 can experience long-term effects from their infection, known as post-COVID conditions (PCC) or, known more commonly as, “Long COVID.” According to Centers for Disease Control (CDC) guidance issued in July of 2022, the proportion of people who had COVID-19 who go on to experience post-COVID conditions are estimated as:

The CDC further noted that of more than 40% of adults in the United States who reported having COVID-19 in the past, nearly one in five of those (19%) are currently still having symptoms of “long COVID.”

Meanwhile, in July of 2021, the Office of Civil Rights of the U.S. Department of Department of Health and Human Services (HHS) issued a guidance document entitled “ ‘Long COVID’ as a Disability Under the ADA, Section 504, and Section 1557.” This guidance confirmed that long COVID can qualify as a defined “disability” under the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504), and Section 1557 of the Patient Protection and Affordable Care Act (Section 1557). Each of these federal laws protects people with disabilities from discrimination. As such, health center employees with “Long COVID” may be entitled to protections under these laws.

Head Start agencies must balance workforce staffing challenges with their legal obligations under these disability rights laws to not discriminate against employees who have “Long COVID.” Notably, on September 27, 2021, the Administration for Children and Families (ACF) issued Information Memorandum (IM) No. ACF-IM-HS-21-05 entitled “Supporting the Wellness of All Staff in the Head Start Workforce” describing the importance of and recommendations for building a culture of wellness across all Head Start programs. In this IM ACF stated, “A critical part of promoting staff wellness is ensuring staff are aware of their rights as employees. Programs must establish written personnel policies and procedures...“ This IM further encourages Head Start programs to regularly inform staff of these policies and procedures, including their rights under applicable federal and state laws while specifically referencing the ADA in particular.

This webinar will cover a Head Start grantee’s legal obligations when faced with an employee who has Long COVID. What accommodations, if any, may be or must be offered and under what circumstances? What documentation requirements are triggered? Do Head Start agencies need to revise their personnel policies and procedures? Attendees will receive practical suggestions for addressing this still-evolving area of legal obligations and potential liability.

Target Audience

  • Head Start management and governing bodies
  • Human Resources professionals
  • Compliance professionals
  • Counsel and paralegals

Learning Objectives

After this webinar, you will be able to:

  • Identify when “Long COVID” triggers legal obligations under the ADA, Rehabilitation Act, and Section 1557 of the Patient Protection and Affordable Care Act
  • Identify the key features of the Americans with Disabilities Act, the Rehabilitation Act, and  Section 1557 of the Affordable Care Act that come into play when an employee presents with “Long COVID”
  • Determine whether your agency’s policy and procedures require revision and what the nature of those revisions should be
Course summary
Available credit: 
  • 1.00 Certificate of Attendance
Course opens: 
09/20/2022
Course expires: 
07/01/2025
Cost:
$175.00

Kathy Ghiladi

Kathy is a Partner in Feldesman’s health law practice group. In the area of health law, Kathy’s practice focuses on government-sponsored health care programs such as Medicaid, CHIP, Medicare, and the Affordable Care Act, with an emphasis on payment/reimbursement and compliance related issues. Kathy also represents clients in government investigations and audits, litigation before federal and state courts, as well as in administrative appeals with the U.S. Department of Health and Human Services Departmental Appeals Board (DAB) and Provider Reimbursement Review Board (PRRB). She provides reimbursement counseling (including identification, reporting, and repayment of overpayments) with respect to Medicare, Medicaid, and private third-party payors. [Full Bio]

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Available Credit

  • 1.00 Certificate of Attendance

Price

Cost:
$175.00
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