Eligibility FAQs
Hospital and Skilled Nursing Facility COVID-19 Worker Retention Payments
1. Who qualifies for a worker retention payment (WRP)? (updated as of 12/9/2022)
To be eligible for a WRP, workers must be employed at least part-time during the qualifying work period, and be directly employed or contracted by a qualifying facility:
An acute care hospital as defined in Health and Safety Code section 1250(a).
An acute psychiatric hospital as defined in Health and Safety Code section 1250(b).
A skilled nursing facility (SNF) as defined in Health and Safety Code section 1250(c).
A health clinic affiliated, owned, or controlled by a person or entity that owns or operates an acute care hospital as defined above, and operated by a nonprofit corporation that conducts medical research and provides health care to patients through a group of 40 or more physicians and surgeons, who are independent contractors representing not less than 10 board-certified specialties, and not less than two-thirds of whom practice on a full-time basis at the clinic, as set forth in Health and Safety Code section 1206(l).
A health clinic directly conducted, maintained, or operated by the federal government that is affiliated, owned, or controlled by a person or entity that owns or operates an acute care hospital as defined above.
A clinic as defined by Health and Safety Code section 1204(a) that is directly conducted, maintained, or operated by the United States or by any of its departments, officers, or agencies, and affiliated, owned, or controlled by a person or entity that owns or operates an acute care hospital as defined above.
A primary care clinic as defined by Health and Safety Code section 1204(a) that is directly conducted, maintained, or operated by the state of California or by any of its political subdivisions or districts, or by any city government, and affiliated, owned, or controlled by a person or entity that owns or operates an acute care hospital as defined above.
A physician organization that is part of a fully integrated delivery system that also includes a health facility or health system, and a nonprofit health care service plan that provides medical services to enrollees in a specific region of the state through an affiliate hospital system whereby the physician organization and nonprofit health care service plan have an exclusive contract to provide those medical services.
A public hospital system comprised of the facilities set forth below, and affiliated governmental health and behavioral health provider entities, including non-hospital settings: UC Davis Medical Center, UC Irvine Medical Center, UC San Diego Medical Center, UC San Francisco Medical Center, UCLA Medical Center, Santa Monica/UCLA Medical Center (also known as the Santa Monica-UCLA Medical Center and Orthopedic Hospital), LA County Health System Hospitals, LA County Harbor/UCLA Medical Center, LA County Olive View UCLA Medical Center, LA County Rancho Los Amigos National Rehabilitation Center, LA County University of Southern California Medical Center, Alameda Health System Hospitals (including Highland Hospital and Fairmont and John George Psychiatric facilities, Alameda Hospital, and San Leandro Hospital), Arrowhead Regional Medical Center, Contra Costa Regional Medical Center, Kern Medical Center, Natividad Medical Center, Riverside University Health System-Medical Center, San Francisco General Hospital, San Joaquin General Hospital, San Mateo Medical Center, Santa Clara Valley Medical Center, and Ventura County Medical Center.
2. How are eligible employees identified as part-time or full-time?
To be considered an eligible part-time employee, you must work onsite at a qualifying facility for a single Covered Entity (CE) or Covered Services Employer (CSE) and be paid for working at the facility between 100 and 399 hours, or at least 400 hours to be considered an eligible full-time employee during the qualifying work period.
If the employee has taken approved leave or participated in a labor dispute/job action during the qualifying work period and the employee would otherwise qualify as a full-time or part-time employee based on hours normally worked on the site of a qualifying facility, the single CE or CSE may attest that the employee is considered to be a full-time or part-time employee on the site of a qualifying facility by the CE or CSE.
3. Are only employees directly employed by qualifying facilities eligible to receive a retention payment?
No, employees working at qualified facilities for an employer contracted with the facility may also be eligible.
In addition, physicians who are working at qualified facilities through a contract arrangement between the facility and an independent practice association or physician group may also be eligible to receive incentive payments.
4. Do employees who work for facilities other than an acute care hospital and related clinics, psychiatric hospital, or skilled nursing facilities (e.g., assisted living or intermediate care facilities) qualify for this retention payment?
No. The Hospital and Skilled Nursing Facility COVID-19 WRP is specifically for employees who work at qualifying facilities.
5. Who is considered a CSE?
CSEs provide onsite services for a CE at a qualified facility, including, but not limited to, clerical, dietary, environmental services, laundry, security, engineering, facilities management, administrative, or billing services. Eligible CSEs must meet the minimum number of onsite hours to qualify for a retention payment.
6. Is an employee still eligible for a retention payment if they no longer work for the same employer when payments are made?
Yes. To qualify for a retention payment, employees must have met the minimum qualifications of a part-time employee and worked at a qualifying facility during the qualifying work period and on the date of record.
7. How will Department of Health Care Services (DHCS) ensure that employers do not include managers and supervisors on the employee list?
Employers must submit accurate information, and are required to attest to the appropriateness of payments being requested under penalty of perjury.
8. For Continuing Care Retirement Communities (CCRC) that have a skilled nursing facility (SNF) on campus, there may be some employees who work in the SNF and other parts of the CCRC. Will they be eligible for the payment if it is unclear how many hours the employee worked specifically in the SNF?
In determining whether an employee is eligible for a WRP, only the total hours worked at a qualifying facility during the qualifying work period, for a single CE or CSE, will be considered. For the purposes of this example, only the hours worked at the SNF (qualifying facility) will be considered. It is the responsibility of CEs or CSEs to account for and attest to these hours.
9. Are individuals in medical director roles, whether directly employed by a CE or contracted through a CSE, eligible for a WRP?
Physicians performing the role of “medical director” would likely be considered in a management or supervisory role and, therefore, would likely not qualify for a retention payment.
10. Are physicians who provide research or teach at a hospital site eligible for a WRP?
Physicians working onsite for a CE or CSE in a research or teaching role at a qualifying facility during the qualifying work period and through the date of record may qualify for a retention payment as an eligible physician, provided they are not employed in a management or supervisory role.
11. If an employee is employed on the date of record, but did not work during the qualifying work period, are they eligible to receive a retention payment?
No, the employee must work a minimum of 100 hours during the qualifying work period and continue to work for a CE or CSE as of the date of record in order to be eligible to receive a retention payment.
12. Do medical residents qualify for a WRP?
Medical residents are eligible for a WRP if they satisfy the requirements of an eligible employee. Hours worked at multiple facilities under a single CE or CSE may be combined to determine whether the medical resident is deemed a part-time or full-time employee working at a qualifying facility. Hours worked under multiple employers cannot be combined.
13. Is there a distinction between types of health care employees (e.g., nurses versus radiologists)?
There is no distinction between different types of health care employees. Eligibility is based upon the hours worked/contracted with a single CE or CSE at a qualifying facility.
14. How are new employees who start working for a CE or CSE within the qualifying work period treated for purposes of part-time/full-time status?
New employees who begin working for a CE or CSE during the qualifying work period may be eligible for a retention payment, even if they did not work the entire 91-day period. The employee must work at least 100 hours to qualify as part-time and 400 hours to qualify as full-time.
15. When determining if an eligible employee is considered part-time or full-time, can hours be combined for those who work at multiple qualified facilities?
Part-time and full-time status is based on total employee hours worked during the qualifying work period for a single CE or CSE at qualified facilities. Therefore, you may combine hours worked at multiple facilities under a single employer. However, hours worked under multiple employers cannot be combined.
16. For physicians who are working at qualified facilities through a contract arrangement between the facility and a physician group, will they be eligible for up to $1,000 regardless of part-time or full-time status?
Yes, physicians who work onsite during the qualifying work period at a qualified facility through a contract arrangement between the facility and a physician group are eligible to receive up to a $1,000 WRP.
17. If a worker is on maternity leave during the qualifying work period and employed as of the date of record, but only received partial compensation from the employer, would the worker be eligible to receive a retention payment only for the portion that they were actually paid?
In this example, if the worker is on maternity leave during the qualifying work period, and the worker would otherwise qualify as full-time or part-time, based on hours normally worked onsite at a qualifying facility, the CE or CSE may attest that the worker is considered full-time or part-time. Compensation during this leave does not factor into their time base.
18. How should a CE/CSE determine if an employee worked in-person on the
site of a qualifying facility? (updated as of 12/20/2022)
An employee is considered having worked onsite if the employee worked on the site of any location within California that is owned, leased or operated by a qualifying facility and has operations that fall under the license of the qualifying facility or has operations that support patient care, such as human resources, IT, laboratory, and pharmacy services.
For a physician organization that is part of a fully integrated delivery system (as described in the Labor Code Section 1491(k)(6)), an employee of the physician organization is considered having worked on site if the employee worked in any location within California that is owned, leased, operated, or used by the physician organization and that includes the provision of clinical services or supports patient care such as human resources, call center, business office, warehouse, IT, pharmacy and laboratory services.
Employees working remotely are not considered to be working onsite except to the extent they perform work on real property that is owned, leased or operated by a qualifying facility.
19. If a manager or supervisor doesn't meet all six requirements of the statute, would they be eligible for a retention payment?
If an otherwise eligible worker has the title or is referred to as a “manager" and/or a “supervisor" but does not meet all six requirements of being a “manager and supervisor" under Labor Code section 1491(h), then the worker is eligible for a retention payment.
20. Are Nurse Managers or Nurse Supervisors who meet the definition (i.e., all six requirements) of “Managers/Supervisors", but have in-person patient care work, eligible to receive the retention payment?
Individuals employed in a managerial or supervisory role are ineligible to receive retention payments.
21. Are supervisors who cover shifts due to low staffing eligible for a retention payment?
Individuals who meet the definition of a manager or supervisor are ineligible to receive retention payments regardless of the shifts they cover or additional work they perform onsite.
22. Is there additional guidance on determining the definition for “onsite"? (updated as of 12/20/2022)
“Onsite" means on the site of a qualifying facility. For example, the phrase “onsite services" means services provided on the site of a qualifying facility.
In addition, an employee is considered having worked onsite if the employee worked on the site of any location within California that is owned, leased or operated by a qualifying facility and has operations that fall under the license of the qualifying facility or has operations that support patient care, such as human resources, IT, laboratory, and pharmacy services.
For a physician organization that is part of a fully integrated delivery system (as described in the Labor Code Section 1491(k)(6)), an employee of the physician organization is considered having worked on site if the employee worked in any location within California that is owned, leased, operated, or used by the physician organization and that includes the provision of clinical services or supports patient care such as human resources, call center, business office, warehouse, IT, pharmacy and laboratory services.
Employees working remotely are not considered to be working onsite except to the extent they perform work on real property that is owned, leased or operated by a qualifying facility.
23. If a health system has both hospitals and clinics, do they need to apply for both WRP and CWSRP?
If the clinic is eligible under either payment, it is ultimately up to the CE owning the clinic to determine and elect under which retention payment to apply. Workers/employees are only eligible to receive one payment.
24. Do workers for home health, hospice agencies or home support services qualify for a WRP? Are home health and hospice agencies considered qualifying facilities?
Unless workers work onsite at a qualifying facility, and meet all other eligibility requirements, they will not be eligible for a retention payment.
25. Does immigration status affect whether a worker is eligible for a retention payment?
No. Workers meeting minimum qualifications of a part-time worker, and who have worked at a qualifying facility during the qualifying work period and on the date of record, regardless of immigration status, are eligible for a retention payment. We neither ask for nor collect information on worker immigration status.
26. Have there been changes regarding the exclusion of managers and supervisors? (new as of 12/9/2022)
No. Individuals employed in a managerial/supervisory role are ineligible to receive retention payments. However, if an otherwise eligible worker/employee has the title or is referred to as a “manager" and/or a “supervisor" but does not meet all six requirements of being a “manager and supervisor" under Labor Code section 1491(h), then the employee is eligible for a retention payment.
27. If an employee has the title of a “shift supervisor" or charge nurse, but does not primarily engage in duties that meet the test of the exemption (i.e., Labor Code section 1491(h) subdivision 5), would they be considered eligible for a retention payment? (new as of 12/9/2022)
To be considered a manager or supervisor, under Labor Code section 1491(h) subdivision 5, the employee must be considered an “exempt" employee under the Fair Labor Standards Act, meaning the employee is exempt from receiving overtime for work done in excess of 40 hours. As an example, if a shift supervisor is non-exempt, and the employer considers and can attest that the employee is non-exempt, that employee would be eligible for a retention payment, so long as they meet all other definitions of a qualified worker/employee (i.e., worked a minimum of 100 hours onsite at a qualified facility, during the qualified work period of July 30, 2022, through October 28, 2022, continued to work onsite through the date of record, November 28, 2022, and do not meet the definition of a manager/supervisor).
28. If a manager or supervisor has only one employee working for them, do they qualify? (updated as of 12/23/2022)
Individuals meeting the definition of
manager or supervisor include those who supervise two or more workers/employees. Individuals who
supervise just one employee are not considered a manager/supervisor under the
statute, and may qualify for a payment if they otherwise meet the definition of
eligible employee.
29. Is a worker eligible if they are a director of a program, but do NOT supervise employees? (new as of 12/9/2022)
If an otherwise eligible worker has the title or is referred to as a “manager" and/or a “supervisor", but does not meet all six requirements of being a “manager and supervisor" under Labor Code section 1491(h), then the worker is eligible for a retention payment.
30. Why are managers and supervisors not included in
WRP eligibility? (new as of 12/9/2022)
DHCS is adhering to the statute, as approved by the Legislature and enacted by the Governor.
31. Do advanced practitioners, physician assistants (PAs) and nurse practitioners (NPs) qualify for a retention payment? (new as of 12/9/2022)
Advanced practitioners, physician assistants (PAs) and nurse practitioners (NPs) who meet all other requirements (i.e., worked a minimum of 100 hours onsite at a qualified facility, during the qualified work period of July 30, 2022, through October 28, 2022, continued to work onsite through the date of record, November 28, 2022, and do not meet the definition of a manager/supervisor) are eligible to receive a retention payment.
32. Will per diem employees be qualified for a retention payment? (new as of 12/9/2022)
Per diem employees who meet all other requirements (i.e., worked a minimum of 100 hours onsite at a qualified facility, during the qualified work period of July 30, 2022, through October 28, 2022, continued to work onsite through the date of record, November 28, 2022, and do not meet the definition of a manager/supervisor) are eligible to receive a retention payment.
33. Are psychiatric health facilities licensed under Health and Safety code 1250.2 considered a qualified facility under the WRP? (new as of 12/23/2022)
Yes, psychiatric health facilities licensed under Health and Safety code 1250.2 meet the definition of a qualified facility and as such would be eligible to submit requests for worker retention payments on behalf of their eligible workers.
