Eligibility FAQs
Clinic Workforce Stabilization Retention Payments (CWSRP)
1. What is a qualified clinic?
Qualified clinics include all Federally Qualified Health Centers (FQHCs) (including Tribal FQHCs and FQHC look-alikes), free clinics, Indian health clinics, intermittent clinics, and rural health clinics (RHCs) located in California. Also included are Tribal FQHCs and Indian health clinics located on tribal land adjacent to California that provide services to American Indians and their families who live in California.
2. Who qualifies for a retention payment?
In order to qualify for a retention payment, an individual must: (1) be employed by a qualified clinic as of the date of record, December 28, 2022; (2) may not be a manager or supervisor; and (3) must continue to be employed by the qualified clinic through the date the qualified clinic distributes the retention payments.
3. Are supervisors and managers employed by a qualified clinic eligible to receive a retention payment?
No, supervisors and managers are ineligible to receive a retention payment under the CWSRP. Qualified clinics will be required to attest, under penalty of perjury, that they are not requesting a retention payment for a supervisor or manager.
4. If an employee works for a qualified clinic through the date of record, but leaves before the qualified clinic distributes payment, is the employee still eligible for the retention payment?
No, to be eligible for a retention payment, employees must be working for a qualified clinic through the date of record, December 28, 2022, and continue to be employed by the qualified clinic when payments are distributed.
5. Are community clinics licensed under 1204(a)(1)(A) eligible to participate?
No. Community health centers are not eligible for Clinic Workforce Stabilization Retention Payments (CWSRP). Eligible clinics include all Federally Qualified Health Centers (FQHC) (including Tribal FQHCs and FQHC look-alikes), free clinics, Indian health clinics, intermittent clinics, and rural health clinics (RHC) located in California. Also included are Tribal FQHCs and Indian health clinics located on Tribal land adjacent to California that provide services to American Indians and their families who live in California.
6. If an employee works remotely, does that impact their eligibility to receive a retention payment?
Remote employees who are directly employed by a qualified clinic, and who do not meet the definition of a manager/supervisor, may be eligible for a retention payment. The individuals must be employed by the clinic as of December 28, 2022, and continue to be employed through the date the retention payments are distributed by the qualified clinic. Qualified clinics are required to disburse payments to their eligible employees within 60 days of receipt of funds.
7. Do contracted staff (e.g., hired through a staffing agency), leased staff (e.g., employed by another entity, but contracted 100% of the time to a FQHC) or independent contractors qualify for CWSRP?
No. Eligible employees must be directly employed by qualified clinics.
8. Have there been changes regarding the exclusion of managers and supervisors?
No. Individuals employed in a managerial/supervisory role are ineligible to receive retention payments. However, if an otherwise eligible 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 Welfare and Institutions Code section 14199.71(e), then the employee is eligible for a retention payment.
9. 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., Welfare and Institutions Code section 14199.71(e) subdivision 5), would they be considered eligible for a retention payment?
To be considered a manager or supervisor, under Welfare and Institutions Code section 14199.71(e) 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 employee (i.e., individual must be
employed by the clinic as of December 28, 2022, they do not meet the definition
of a manager or supervisor, and continue to be employed through the date the
retention payments are distributed by the qualified clinic). Qualified clinics
are required to disburse payments to their qualified employees within 60 days
of receipt of the funds.
10. 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.
11. Is a clinic employee eligible if they are a director of a program, but do NOT supervise employees?
If an otherwise eligible 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 Welfare and Institutions Code section 14199.71(e), then the employee is eligible for a retention payment.
12. Why are managers and supervisors not included in CWSRP eligibility?
DHCS is adhering to the statute, as approved by the Legislature and enacted by the Governor.
13. Are there other qualifications for employees who just got hired and/or work less than 10 hours a week?
In order to qualify for a retention payment, individuals must be directly employed by a qualified clinic as of the date of record, December 28, 2022, and remain employed through the date the retention payments are distributed by qualified clinics. Qualified clinics are required to disburse payments to their qualified employees within 60 days of receipt of the funds.
14. Do physicians, advanced practitioners, supervising physicians, physician assistants (PAs) and nurse practitioners (NPs) qualify for a retention payment?
Physicians, advanced practitioners, supervising physicians, physician assistants (PAs) and nurse practitioners (NPs) who are directly employed by a qualified clinic and meet all other requirements (i.e., employed as of the date of record, December 28, 2022, and remain employed through the date the retention payments are distributed by qualified clinics) and who do not meet the definition of manager/supervisor are eligible to receive a retention payment. Qualified clinics are required to disburse payments to their eligible employees within 60 days of receipt of funds.
15. Will per diem employees be qualified for a retention payment?
Per diem employees who are directly employed by a qualified clinic and meet all other requirements (employed as of the date of record, December 28, 2022, and remain employed through the date the retention payments are distributed by qualified clinics) and who do not meet the definition of manager/supervisor are eligible to receive a retention payment. Qualified clinics are required to disburse payments to their eligible employees within 60 days of receipt of funds.
16. Will this process create any obligations for non-union health centers to advance union objectives?
Retention payments are available to all eligible employees working at qualified clinics regardless of union membership.
17. Do bargaining units play a role in eligibility for a retention payment?
No, union membership is not a prerequisite for clinic retention payment eligibility.
18. Our organization has
Adult Day Health Care (ADHC) centers which are not in the scope of FQHCs but
under the same Tax ID numbers. Do these ADHC
employees qualify for CWSRP?
Eligibility is based upon direct employment at a qualifying clinic. If an individual is considered a direct employee of a qualifying clinic, the employee would be eligible so long as they meet all other eligibility requirements (i.e., the individual must: (1) be employed by a qualified clinic as of the date of record, December 28, 2022; (2) may not meet the definition of a manager or supervisor; and (3) must continue to be employed by the qualified clinic through the date the qualified clinic distributes the retention payments).
19. If our eligible clinic provides other “non-clinical" services such as food banks, career services, etc., do the employees providing these services qualify for CWSRP?
In
order for employee to qualify for CWSRP, the individual must: (1) be employed
by a qualified clinic as of the date of record, December 28, 2022; (2) may not
meet the definition of a manager or supervisor; and (3) must continue to be
employed by the qualified clinic through the date the qualified clinic
distributes the retention payments. There is no distinction between different
types of employees. Eligibility is based upon direct employment at a qualifying
clinic.
20. Our clinic provides
services to patients who are unable to pay, to those with government
insurances, and also those with private insurances. Our clinic also relies on
grants and we are a non-profit. Are we considered a free clinic?
Under the definition of the statute, “free clinic" means a facility meeting the definition set forth in subparagraph (B) of paragraph (1) of subdivision (a) of Section 1204 of the Health and Safety Code. A free clinic provides medical care, counseling, dental care, and legal assistance to individuals and families in need, regardless of their ability to pay, and includes people of all ages, ethnicities, religious, and socioeconomic backgrounds who are unable to use traditional sources within the community.
21. If an employee is
considered eligible as of the date of record (December 28, 2022) but becomes a
manager/supervisor before the payment distribution date, is the employee still
eligible? (new as of 1/18/2023)
The date of record is the date DHCS will use to
determine whether the employee meets the manager/supervisor definition. As
such, a promotion to manager/supervisor after the date of record will not
impact eligibility so long as the employee remains employed by the qualified
clinic through the date retention payments are distributed to eligible employees.
