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H.R. 8441, Frontline Heroes Act

Summary

H.R. 8441, the Frontline Heroes Act, is a bill introduced in the House of Representatives on September 29, 2020 by Mrs. Torres of California. Its stated purpose is to establish certain protections and benefits for front line workers, and for other purposes. Section 2 directs the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to collect data on COVID–19 infections and the related mortalities or mortality rate of employees and contractors at nursing homes, hospitals, and other healthcare facilities nationwide. The data is to be compiled, redacted to exclude any personally identifiable information, into a database disaggregated by geographic region.

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Issuer
Congressional materials
Document type
Bills Bills 116Hr8441Ih Bills 116Hr8441Ih
Case
Bills Bills 116Hr8441Ih Bills 116Hr8441Ih

Cite this document

“H.R. 8441, Frontline Heroes Act.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116hr8441ih-bills-116hr8441ih/, SHA-256 f2a802d4f2b8c155f3c22598d3a43cef0ce230dcc7b3efb16a217be51b4d93a1.

Full text

                                                                                                                                                                          I




                                                                       116TH CONGRESS
                                                                          2D SESSION
                                                                                                            H. R. 8441
                                                                             To establish certain protections and benefits for front line workers, and
                                                                                                        for other purposes.




                                                                                     IN THE HOUSE OF REPRESENTATIVES
                                                                                                    SEPTEMBER 29, 2020
                                                                       Mrs. TORRES of California (for herself, Ms. LEE of California, Mr. VARGAS,
                                                                           Mr. SUOZZI, Mr. SOTO, Mr. HASTINGS, Mr. GRIJALVA, Ms. ROYBAL-
                                                                           ALLARD, Mr. RASKIN, Mr. CISNEROS, Mr. CONNOLLY, Mr. VELA, Mrs.
                                                                           NAPOLITANO, Ms. SEWELL of Alabama, Ms. NORTON, and Mr. CARSON
                                                                           of Indiana) introduced the following bill; which was referred to the Com-
                                                                           mittee on Energy and Commerce, and in addition to the Committees on
                                                                           the Judiciary, and Ways and Means, for a period to be subsequently de-
                                                                           termined by the Speaker, in each case for consideration of such provisions
                                                                           as fall within the jurisdiction of the committee concerned




                                                                                                                 A BILL
                                                                          To establish certain protections and benefits for front line
                                                                                       workers, and for other purposes.

                                                                         1              Be it enacted by the Senate and House of Representa-
                                                                         2 tives of the United States of America in Congress assembled,
                                                                         3     SECTION 1. SHORT TITLE.

                                                                         4              This Act may be cited as the ‘‘Frontline Heroes Act’’.




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                                                                         1     SEC. 2. DATA ON INFECTIONS AND MORTALITIES OF EM-

                                                                         2                             PLOYEES AND CONTRACTORS AT HEALTH-

                                                                         3                             CARE FACILITIES.

                                                                         4              (a) DATA COLLECTION.—The Secretary of Health
                                                                         5 and Human Services (in this section referred to as the
                                                                         6 ‘‘Secretary’’) acting through the Director of the Centers
                                                                         7 for Disease Control and Prevention shall—
                                                                         8                       (1) collect data on COVID–19 infections and
                                                                         9              the related mortalities or mortality rate of employees
                                                                       10               and contractors at nursing homes, long-term care fa-
                                                                       11               cilities, hospitals, and other healthcare facilities na-
                                                                       12               tionwide; and
                                                                       13                        (2) compile such data, redacted to exclude any
                                                                       14               personally identifiable information, into a database
                                                                       15               disaggregated by geographic region.
                                                                       16               (b) REQUIRED REPORTING TO SECRETARY.—During
                                                                       17 the COVID–19 emergency period, the Secretary—
                                                                       18                        (1) may require a nursing home, long-term care
                                                                       19               facility, hospital, or other healthcare facility to re-
                                                                       20               port the data described in subsection (a)(1) in the
                                                                       21               possession of the respective facility as a condition on
                                                                       22               the receipt by such facility of any Federal funds,
                                                                       23               and shall require such reporting as a condition on
                                                                       24               the receipt by such facility of any funds made avail-




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                                                                       25               able under—


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                                                                         1                                 (A) the Coronavirus Preparedness and Re-
                                                                         2                       sponse Supplemental Appropriations Act, 2020
                                                                         3                       (Public Law 116–123);
                                                                         4                                 (B) the Families First Coronavirus Re-
                                                                         5                       sponse Act (Public Law 116–127);
                                                                         6                                 (C) the CARES Act (Public Law 116–
                                                                         7                       136); and
                                                                         8                                 (D) the Paycheck Protection Program and
                                                                         9                       Health Care Enhancement Act (Public Law
                                                                       10                        116–139); and
                                                                       11                                  (E) any other Federal statute enacted in
                                                                       12                        response to the COVID–19 pandemic; and
                                                                       13                        (2) may require such reporting to be made in
                                                                       14               such form, in such manner, and by such time as the
                                                                       15               Secretary determines.
                                                                       16               (c) REPORT TO CONGRESS.—Not later than 90 days
                                                                       17 after the date of enactment of this Act, Secretary shall
                                                                       18 submit a report on the status of data collection under this
                                                                       19 section and any initial findings and conclusions resulting
                                                                       20 from such collection to the appropriate congressional com-
                                                                       21 mittees, including—
                                                                       22                        (1) the Committee on Appropriations and the
                                                                       23               Committee on Energy and Commerce of the House




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                                                                       24               of Representatives; and




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                                                                         1                       (2) the Committee on Appropriations and the
                                                                         2              Committee on Health, Education, Labor, and Pen-
                                                                         3              sions of the Senate.
                                                                         4              (d)        DEFINITION.—In                       this        section,          the   term
                                                                         5 ‘‘COVID–19 emergency period’’ has the meaning given to
                                                                         6 the term ‘‘emergency period’’ in section 1135(g)(1)(B) of
                                                                         7 the Social Security Act (42 U.S.C. 1320b–5(g)(1)(B)).
                                                                         8     SEC. 3. CDC STUDY ON LONG-TERM IMPACT OF COVID–19.

                                                                         9              Not later than 200 days after the date of the enact-
                                                                       10 ment of this Act, the Director of the Centers for Disease
                                                                       11 Control and Prevention shall submit to the appropriate
                                                                       12 Committees of Congress, including the Committees de-
                                                                       13 scribed under section 2(c), a report containing the results
                                                                       14 of a study on the long-term health impacts of COVID–
                                                                       15 19, including the potential to cause a disability (as defined
                                                                       16 in section 3(1) of the Americans with Disabilities Act of
                                                                       17 1990 (42 U.S.C. 12102(1))).
                                                                       18      SEC. 4. COVID–19 FRONTLINE HEALTHCARE HEROES SUR-

                                                                       19                              VIVOR AND DISABILITY BENEFITS PROGRAM.

                                                                       20               (a) FILING CLAIM.—
                                                                       21                        (1) IN GENERAL.—The Assistant Attorney Gen-
                                                                       22               eral of the Civil Division of the Department of Jus-
                                                                       23               tice shall establish and implement the COVID-19




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                                                                       24               Frontline Healthcare Heroes Survivor and Disability
                                                                       25               Benefits Compensation Program, under which a


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                                                                         1              claimant may file a claim for compensation for death
                                                                         2              or disability related to COVID-19 with the Assistant
                                                                         3              Attorney General by mail or on an online portal cre-
                                                                         4              ated by the Assistant Attorney General.
                                                                         5                       (2) WEBSITE.—The Assistant Attorney General
                                                                         6              of the Civil Division of the Department of Justice
                                                                         7              shall publish on the Department of Justice website
                                                                         8              instructions for submitting a claim for compensation
                                                                         9              under this section.
                                                                       10               (b) ELIGIBILITY.—The following claimants shall be
                                                                       11 eligible to receive compensation under this section:
                                                                       12                        (1) A claimant who was a frontline healthcare
                                                                       13               worker at the time that the claimant received a
                                                                       14               COVID-19 diagnosis or in the 45-day period before
                                                                       15               such diagnosis.
                                                                       16                        (2) In the case that the frontline healthcare
                                                                       17               worker is deceased, a survivor of a frontline
                                                                       18               healthcare worker described in paragraph (1) in the
                                                                       19               following order of precedence:
                                                                       20                                  (A) The surviving spouse of the frontline
                                                                       21                        healthcare worker described in paragraph (1) if
                                                                       22                        the spouse was married to the claimant for at
                                                                       23                        least 1 year before the frontline healthcare




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                                                                       24                        worker’s death.




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                                                                         1                                 (B) If there is no person meeting the re-
                                                                         2                       quirements of subparagraph (A), the children of
                                                                         3                       the frontline healthcare worker described in
                                                                         4                       paragraph (1), in equal shares.
                                                                         5                                 (C) If there is no person meeting the re-
                                                                         6                       quirements of subparagraph (A) or (B), the
                                                                         7                       parents of the frontline healthcare worker de-
                                                                         8                       scribed in paragraph (1), in equal shares.
                                                                         9                                 (D) If there is no person meeting the re-
                                                                       10                        quirements of subparagraph (A), (B), or (C),
                                                                       11                        the grandchildren of the frontline healthcare
                                                                       12                        worker described in paragraph (1), in equal
                                                                       13                        shares.
                                                                       14                                  (E) If there is no person meeting the re-
                                                                       15                        quirements of subparagraph (A), (B), (C), or
                                                                       16                        (D),         the        grandparents                  of         the     frontline
                                                                       17                        healthcare worker described in paragraph (1),
                                                                       18                        in equal shares.
                                                                       19                                  (F) If there is no person meeting the re-
                                                                       20                        quirements of subparagraph (A), (B), (C), (D),
                                                                       21                        or (E), the person designated on a life insur-
                                                                       22                        ance policy of the frontline healthcare worker
                                                                       23                        described in paragraph (1).




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                                                                       24               (c) NECESSARY DOCUMENTATION.—A claim filed
                                                                       25 under this section shall include—


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                                                                         1                       (1) evidence of employment as a frontline
                                                                         2              healthcare worker during the time that COVID-19
                                                                         3              was diagnosed or during the 45-day period before
                                                                         4              such diagnosis;
                                                                         5                       (2) a medical statement of a COVID-19 diag-
                                                                         6              nosis, whether confirmed by a test or a presumptive
                                                                         7              diagnosis by a qualified medical professional, and
                                                                         8              confirmation that death or disability was from
                                                                         9              COVID-19 or connected to complications due to
                                                                       10               SARS–CoV–2; and
                                                                       11                        (3) in the case of a claim for a death benefit,
                                                                       12               the death certificate of a frontline worker, or in the
                                                                       13               case of a claim for a disability benefit, evidence of
                                                                       14               total and permanent disability as a result of
                                                                       15               COVID-19 or connected to complications due to
                                                                       16               SARS–CoV–2.
                                                                       17               (d) REVIEW CLAIM.—Not later than 90 days after
                                                                       18 a claim is submitted under subsection (a), such claim shall
                                                                       19 be reviewed to determine whether the claimant is eligible
                                                                       20 to receive compensation under this section.
                                                                       21               (e) AMOUNTS.—A claimant who is eligible to receive
                                                                       22 compensation under this section shall receive a one-time
                                                                       23 lump sum payment of $365,670 not later than 90 days




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                                                                       24 after the claimant is determined to be eligible to receive
                                                                       25 compensation under this section. Any compensation re-


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                                                                         1 ceived under this section shall not preclude the claimant
                                                                         2 from receiving any collateral source compensation to which
                                                                         3 the claimant is entitled.
                                                                         4              (f) APPEALS.—
                                                                         5                       (1) APPEALS OFFICER.—The Assistant Attor-
                                                                         6              ney General of the Civil Division of the Department
                                                                         7              of Justice shall appoint appeals officers to review
                                                                         8              appeals made pursuant to paragraph (2).
                                                                         9                       (2) APPEALING DENIAL.—In the case that a
                                                                       10               claim under this section is denied, a claimant may
                                                                       11               file an appeal of such denial with an appeals officer
                                                                       12               not later than 60 days after such denial.
                                                                       13                        (3) REVIEW.—In reviewing an appeal, an ap-
                                                                       14               peals officer may—
                                                                       15                                  (A) grant compensation under this section;
                                                                       16                                  (B) deny compensation under this section;
                                                                       17                        or
                                                                       18                                  (C) send the claim to the Assistant Attor-
                                                                       19                        ney General of the Civil Division of the Depart-
                                                                       20                        ment of Justice for further review, including for
                                                                       21                        the purpose of collecting additional evidence.
                                                                       22               (g) NO FEDERAL TAX OR COLA.—Any payment
                                                                       23 made to a claimant under this section shall not be subject




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                                                                       24 to any Federal tax or cost of living adjustment.




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                                                                         1              (h) FINAL AGENCY ACTION.—A decision by an ap-
                                                                         2 peals officer shall be considered a final agency action for
                                                                         3 purposes of judicial review.
                                                                         4              (i) PAYMENT OF MEDICAL EDUCATION LOANS NOT
                                                                         5 DISCHARGED UPON DEATH.—
                                                                         6                       (1) IN GENERAL.—A claimant who is eligible to
                                                                         7              receive compensation under subsection (b)(2) shall
                                                                         8              also be eligible to have the Assistant Attorney Gen-
                                                                         9              eral of the Civil Division of the Department of Jus-
                                                                       10               tice pay off any private medical education loan of
                                                                       11               the frontline healthcare worker that was not dis-
                                                                       12               charged upon the death of the worker.
                                                                       13                        (2) FILING OF CLAIM.—A claimant may apply
                                                                       14               for the payment of a medical education loan under
                                                                       15               this subsection by including such request in a claim
                                                                       16               filed under subsection (a), along with such docu-
                                                                       17               mentation as the Attorney General may require.
                                                                       18                        (3) PAYMENT SEPARATE FROM COMPENSATION
                                                                       19               AMOUNT.—The amount of any payment made under

                                                                       20               paragraph (1) shall be in addition to the amount de-
                                                                       21               scribed under subsection (e).
                                                                       22                        (4) DEFINITION OF PRIVATE MEDICAL EDU-
                                                                       23               CATION LOAN.—In this subsection, the term ‘‘private




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                                                                       24               medical education loan’’ means a private education
                                                                       25               loan (as defined under section 140(a) of the Truth


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                                                                         1              in Lending Act) issued with respect to a medical
                                                                         2              education.
                                                                         3              (j) RULEMAKING.—Not later than 180 days after the
                                                                         4 date of enactment of this Act, the Attorney General shall
                                                                         5 issue rules to implement this section, including rules on
                                                                         6 the process for determining disability status.
                                                                         7              (k) EFFECTIVE PERIOD.—This section shall take ef-
                                                                         8 fect on the date that is 180 days after the date of enact-
                                                                         9 ment of this Act and shall cease to be effective 5 years
                                                                       10 after such date.
                                                                       11               (l) DEFINITION.—In this section:
                                                                       12                        (1) ASSISTANT ATTORNEY GENERAL OF THE
                                                                       13               CIVIL        DIVISION            OF       THE         DEPARTMENT                  OF   JUS-

                                                                       14               TICE.—The term ‘‘Assistant Attorney General of the

                                                                       15               Civil Division of the Department of Justice’’ means
                                                                       16               the Attorney General, acting through the Assistant
                                                                       17               Attorney General of the Civil Division of the Depart-
                                                                       18               ment of Justice.
                                                                       19                        (2) COLLATERAL                       SOURCE            COMPENSATION.—

                                                                       20               The term ‘‘collateral source’’ means all collateral
                                                                       21               sources, including life insurance, pension funds, or
                                                                       22               any other death or disability benefit program or pay-
                                                                       23               ment for which the individual is eligible.




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                                                                       24                        (3) DISABILITY.—The term ‘‘disability’’ means,
                                                                       25               with respect to an individual, that such individual


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                                                                         1              has a condition, the direct and proximate con-
                                                                         2              sequences of which permanently prevent the indi-
                                                                         3              vidual from performing any gainful work.
                                                                         4                       (4) FRONTLINE HEALTHCARE WORKER.—The
                                                                         5              term ‘‘frontline healthcare worker’’ means—
                                                                         6                                 (A) all employees of healthcare facilities,
                                                                         7                       nursing homes, and long-term care facilities
                                                                         8                       and emergency care providers, including para-
                                                                         9                       medics and medical personnel who transport pa-
                                                                       10                        tients to the hospital; and
                                                                       11                                  (B) the contractors who are physically
                                                                       12                        present at such facilities.
                                                                                                                                  Æ




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