Bill — H.R. 8938, Standardizing COVID–19 Data Reporting (House, December 10, 2020)
Summary
H.R. 8938 was introduced in the House of Representatives on December 10, 2020, by Gabbard and referred to the Committee on Energy and Commerce. It is a bill to direct the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to establish a standardized procedure for all States to submit weekly reports on hospital policies and metrics related to the response to COVID–19. Section 1 provides for electronic reports to the Secretary, and it requires each hospital that received COVID–19 response funding to report, as a condition on receipt of that funding.
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“Bill — H.R. 8938, Standardizing COVID–19 Data Reporting (House, December 10, 2020).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116hr8938ih-bills-116hr8938ih/
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I
116TH CONGRESS
2D SESSION
H. R. 8938
To direct the Secretary of Health and Human Services, acting through
the Director of the Centers for Disease Control and Prevention, to
establish a standardized procedure for all States to submit weekly reports
on hospital policies and metrics related to the response to COVID–
19, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
DECEMBER 10, 2020
Ms. GABBARD introduced the following bill; which was referred to the
Committee on Energy and Commerce
A BILL
To direct the Secretary of Health and Human Services,
acting through the Director of the Centers for Disease
Control and Prevention, to establish a standardized pro-
cedure for all States to submit weekly reports on hospital
policies and metrics related to the response to COVID–
19, 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. STANDARDIZING COVID–19 DATA REPORTING.
4 (a) IN GENERAL.—
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5 (1) IN GENERAL.—Not later than 30 days after
6 the date of the enactment of this Act, the Secretary
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1 of Health and Human Services, acting through the
2 Director of the Centers for Disease Control and Pre-
3 vention and in collaboration with the Administrator
4 of the Federal Emergency Management Agency,
5 shall establish a standardized procedure for all
6 States, acting through the State departments of
7 health (or other State agencies that administer pub-
8 lic health programs), to submit in an electronic for-
9 mat, on a weekly basis, to the Secretary reports that
10 include the information specified in paragraphs (3)
11 and (4).
12 (a) HOSPITAL REPORTS.—Beginning on the date
13 that is 2 weeks after the date of the enactment of this
14 Act, and every 2 weeks thereafter until the date that is
15 6 months after the date on which the emergency period
16 ends, each hospital (or affiliated facility or site thereof)
17 that received COVID–19 response funding shall, as a con-
18 dition on receipt of such funding, submit to the relevant
19 State department of health the following information re-
20 garding COVID–19:
21 (1) With respect to the hospital’s (or affiliated
22 facility or site thereof) COVID–19 caseload—
23 (A) the total number (if greater than zero)
24 of COVID–19 cases during the emergency pe-
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1 (B) the number of such cases to date;
2 (C) how many patients infected with
3 COVID–19—
4 (i) have been discharged; and
5 (ii) have died (and the underlying
6 cause, other than COVID–19, for such
7 deaths); and
8 (D) how many staff members of the hos-
9 pital (or affiliated facility or site thereof) have
10 been infected with COVID–19 and the out-
11 comes from those cases.
12 (2) With respect to testing for COVID–19 con-
13 ducted by the hospital (or affiliated facility or site
14 thereof)—
15 (A) the type of tests conducted;
16 (B) the location where the tests are being
17 sent for analysis;
18 (C) the turnaround time on results of such
19 tests;
20 (D) the total tests performed to date; and
21 (E) the results of such tests, disaggregated
22 by positive, negative, or antibodies present.
23 (3) With respect to the hospital’s (or affiliated
24 facility or site thereof) COVID–19 surge capacity—
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1 (A) the current bed availability in the hos-
2 pital (or affiliated facility or site thereof) under
3 non-surge conditions and the availability of in-
4 tensive care unit beds;
5 (B) whether the hospital (or affiliated fa-
6 cility or site thereof) has established or retro-
7 fitted new COVID–19 wards;
8 (C) the current ventilator capacity; and
9 (D) any other relevant statistics are deter-
10 mined by the Secretary.
11 (4) With respect to personal protective equip-
12 ment, the current availability of all relevant personal
13 protective equipment at the hospital (or affiliated fa-
14 cility or site thereof), including whether there are
15 shortages of such equipment or other necessary
16 treatment equipment for COVID–19.
17 (e) HOSPITAL POLICY REPORTS.—
18 (1) IN GENERAL.—Beginning on the date that
19 is 2 weeks after the date of the enactment of this
20 Act, and every 2 weeks thereafter until the date that
21 is 6 months after the date on which the emergency
22 period ends, each hospital (or affiliated facility or
23 site thereof) that received COVID–19 response fund-
24 ing shall, as a condition on receipt of such funding,
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25 maintain a standardized, comprehensive, publicly
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1 available website detailing the hospital’s (or affili-
2 ated facility or site thereof) COVID–19-related poli-
3 cies and procedures that—
4 (A) is available in multiple languages;
5 (B) is published in an accessible manner;
6 (C) is updated on a weekly basis; and
7 (D) contains the information described in
8 paragraph (2).
9 (2) INFORMATION DESCRIBED.—The informa-
10 tion described in this section is the following:
11 (A) COVID–19 testing standards, policies,
12 requirements, and criteria for patients, visitors,
13 and staff (medical and non-medical).
14 (B) COVID–19 infection control and pre-
15 vention, including personal protective equipment
16 usage and disinfection, visitor guidance, patient
17 placement and triage (such as procedures to
18 isolate patients infected with COVID–19), best
19 practices for staff, patients, and visitors, and
20 whether staff are working both within and out-
21 side of COVID–19 units or wards.
22 (C) Protocols for staff to leave from and
23 return to work after being in contact with a
24 COVID–19 positive case or testing positive for
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25 COVID–19.
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1 (D) The availability of telehealth, access to
2 services (including the rate of payment for such
3 services).
4 (E) Policies and procedures for surgeries
5 unrelated to COVID–19.
6 (F) Internal contact tracing policies, if
7 any.
8 (G) Any other policy the Secretary, acting
9 through the Director, determines is applicable.
10 (f) DATA REQUIREMENTS.—
11 (1) DISAGGREGATION.—All data reported under
12 this section with respect to COVID–19 patients shall
13 be disaggregated by age, sex, race, ethnicity, and
14 other demographic factors as may be specified by
15 the Secretary.
16 (2) PRIVACY.—Any information collected pursu-
17 ant to this section with respect to COVID–19 pa-
18 tients shall be de-identified and otherwise subject to
19 all applicable Federal and State privacy laws.
20 (g) FUNDING.—The Secretary shall use to carry out
21 this section funding made available under the third para-
22 graph under the heading ‘‘Department of Health and
23 Human Services—Office of the Secretary—Public Health
24 and Social Services Emergency Fund’’ of the CARES Act
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25 (Public Law 116–136; 134 Stat. 563).
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1 (h) DEFINITIONS.—In this section:
2 (1) The term ‘‘appropriate committees of Con-
3 gress’’ means—
4 (A) the Committee on Appropriations of
5 the House of Representatives;
6 (B) the Committee on Energy and Com-
7 merce of the House of Representatives;
8 (C) the Committee on Ways and Means of
9 the House of Representatives;
10 (D) the Committee on Appropriations of
11 the Senate;
12 (E) the Committee on Health, Education,
13 Labor, and Pensions of the Senate; and
14 (F) the Committee on Finance of the Sen-
15 ate.
16 (2) The term ‘‘COVID–19 response funding’’
17 means Federal funding received under—
18 (A) the Coronavirus Preparedness and Re-
19 sponse Supplemental Appropriations Act, 2020
20 (Public Law 116–123), or an amendment made
21 by that Act;
22 (B) the Families First Coronavirus Re-
23 sponse Act (Public Law 116–127), or an
24 amendment made by that Act;
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1 (C) the CARES Act (Public Law 116–
2 136), or an amendment made by that Act;
3 (D) the Paycheck Protection Program and
4 Health Care Enhancement Act (Public Law
5 116–139), or an amendment made by that Act;
6 or
7 (E) any other Federal law under which
8 Federal assistance is provided to States and
9 other non-Federal entities for purposes of re-
10 sponding to COVID–19.
11 (3) The term ‘‘emergency period’’ has the
12 meaning given such term in section 1135(g)(1)(B)
13 of the Social Security Act (42 U.S.C. 1320b–
14 5(g)(1)(B)).
15 (4) The term ‘‘Secretary’’ means the Secretary
16 of Health and Human Services, acting through the
17 Director of the Centers for Disease Control and Pre-
18 vention.
19 (5) The term ‘‘State’’ means each of the several
20 States, the District of Columbia, the Commonwealth
21 of Puerto Rico, American Samoa, Guam, the Com-
22 monwealth of the Northern Mariana Islands, the
23 Virgin Islands, the Trust Territory of the Pacific Is-
24 lands, and each federally recognized Indian Tribe.
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