Families First Coronavirus Response Act pledges swift COVID-19 action, but strict language raises alarms

Recently advanced by the House, the Families First Coronavirus Response Act (H.R. 6201) has so far run the bipartisan gamut to ease the economic toll of the novel coronavirus outbreak, but health experts warn its proposed coverage leaves new developers and patients in the lurch.

While the bill has already been held up by a Senate recess initiated by Senate Majority Leader Mitch McConnell, the Infectious Diseases Society of America (IDSA) now warns that its language risks offering only limited testing, surprise bills for patients and runs directly counter to the Food and Drug Administration’s Emergency Use Authorization provisions already put into place. The bill could exclude thousands of tests that could be used to identify transmission and hinder the outbreak, IDSA said.

“The bill only allows coverage for in vitro diagnostic test kits and laboratory developed tests that have already received Emergency Use Authorization by the U.S. Food and Drug Administration, excluding tests from developers that are in the process of finalizing EUA applications,” IDSA said. “This runs counter to the updated Feb. 29 policy allowing immediate use of tests that have been validated by developers, reduces patient access to urgently needed diagnostic tools, and leaves patients open to surprise billing for tests administered under current policy.”

As written, the bill proposes free coronavirus testing for those in need of tests, paid emergency leave consisting of up to 14 days of paid sick leave and as many as three months of paid family and medical leave, enhancements to unemployment insurance, strengthening of food initiatives like SNAP and student meals, more funding for Medicaid and clearly stated protections for health care workers and others at the frontlines of exposure and response.

IDSA has instead urged Congress to amend the bill and encourage language that covers tests validated under existing policy. Despite this, the bill is widely expected to proceed through the Senate, as President Donald Trump has since expressed support for the measure.