Text of Amendments to S. 178, August 6, 2020 — Congressional Record, Senate
Summary
Page S5314 of the Senate section of the Congressional Record for August 6, 2020, headed Text of Amendments to S. 178, in interleaved columns. Amendment text covers temporary personnel hired outside competitive service rules, with permanent appointment after 2 years of continuous service. It adds a transitional government contribution under section 1844 of the Social Security Act, and sets rules for strike teams that supplement other response efforts. The amendment ends with an emergency designation, and a related submission is to amendment SA 2499 proposed by Mr. McConnell.
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“Text of Amendments to S. 178, August 6, 2020 — Congressional Record, Senate.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-08-06-crec-2020-08-06-pt1-pgs5314-2-7c1cb22b53/
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S5314 CONGRESSIONAL RECORD — SENATE August 6, 2020
of such temporary personnel as may be nec- (b) TRANSITIONAL GOVERNMENT CONTRIBU- to amendment SA 2499 proposed by Mr.
essary to carry out this section, without re- TION.—Section 1844 of the Social Security MCCONNELL to the bill S. 178, to con-
gard to the provisions of title 5, United Act (42 U.S.C. 1395w) is amended— demn gross human rights violations of
States Code, governing appointments in (1) in subsection (a), by adding at the end
ethnic Turkic Muslims in Xinjiang, and
competitive service. the following new sentence: ‘‘In applying
‘‘(B) PERMANENT APPOINTMENT.— paragraph (1), the amounts transferred under calling for an end to arbitrary deten-
‘‘(i) IN GENERAL.—In the case of an indi- subsection (e)(1) with respect to enrollees de- tion, torture, and harassment of these
vidual appointed as temporary personnel scribed in subparagraphs (A) and (B) of such communities inside and outside China;
under subparagraph (A) who has served con- subsection shall be treated as premiums pay- which was ordered to lie on the table;
tinuously for not less than 2 years, the Sec- able and deposited in the Trust Fund under as follows:
retary may appoint that individual to a posi- subparagraphs (A) and (B), respectively, of At the appropriate place, insert the fol-
tion in the Economic Development Adminis- paragraph (1).’’; and lowing:
tration in the same manner that competitive (2) by adding at the end the following:
‘‘(e)(1) For 2021, there shall be transferred TITLE ll—SUPPORTING PATIENTS, PRO-
service employees with competitive status
from the General Fund to the Trust Fund an VIDERS, OLDER AMERICANS, AND FOS-
are considered for transfer, reassignment, or
amount, as estimated by the Chief Actuary TER YOUTH IN RESPONDING TO COVID–
promotion to such positions.
of the Centers for Medicare & Medicaid Serv- 19
‘‘(ii) TREATMENT.—An individual appointed
to a position under clause (i) shall become a ices, equal to the reduction in aggregate pre- Subtitle A—Promoting Access to Care and
career-conditional employee, unless the em- miums payable under this part for a month Services
ployee has already completed the service re- in such year (excluding any changes in SEC. l01. MAINTAINING 2021 MEDICARE PART B
quirements for career tenure. amounts collected under section 1839(i)) that PREMIUM AND DEDUCTIBLE AT 2020
‘‘(3) INVESTIGATIONS AND AUDITS.—The Sec- are attributable to the application of section LEVELS CONSISTENT WITH ACTU-
ARIALLY FAIR RATES.
retary shall use $3,000,000 of the amounts 1839(a)(7) with respect to—
made available to carry out this section to ‘‘(A) enrollees age 65 and over; and (a) 2021 PREMIUM AND DEDUCTIBLE AND RE-
‘‘(B) enrollees under age 65. PAYMENT THROUGH FUTURE PREMIUMS.—Sec-
carry out investigations and audits related
to the provision of grants under this section. Such amounts shall be transferred from time tion 1839(a) of the Social Security Act (42
to time as appropriate. U.S.C. 1395r(a)) is amended—
‘‘(m) FUNDING.—
‘‘(2) Premium increases affected under sec- (1) in the second sentence of paragraph (1),
‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—
tion 1839(a)(6) shall not be taken into ac- by striking ‘‘(5) and (6)’’ and inserting ‘‘(5),
There is authorized to be appropriated to the
count in applying subsection (a). (6), and (7)’’;
Secretary to carry out this section
‘‘(3) There shall be transferred from the (2) in paragraph (6)(C)—
$10,000,000,000, to remain available until Sep-
Trust Fund to the General Fund of the (A) in clause (i), by striking ‘‘section
tember 30, 2022.
Treasury amounts equivalent to the addi- 1844(d)(1)’’ and inserting ‘‘subsections (d)(1)
‘‘(2) ADDITIONAL FUNDING.—Notwith-
tional premiums payable as a result of the and (e)(1) of section 1844’’; and
standing any other provision of law, the Sec-
application of section 1839(a)(6), excluding (B) in clause (ii), by striking ‘‘paragraph
retary may use any amounts made available
the aggregate payments attributable to the (5)’’ and inserting ‘‘paragraphs (5) and (7)’’;
to the Secretary under the heading ‘ECO-
application of section 1839(i)(3)(A)(ii)(II).’’. and
NOMIC DEVELOPMENT ASSISTANCE PROGRAMS
(c) ADDITIONAL TRANSITIONAL GOVERNMENT (3) by adding at the end the following:
(INCLUDING TRANSFERS OF FUNDS)’ under the
CONTRIBUTION.—Section 1844 of the Social Se- ‘‘(7) In applying this part (including sub-
heading ‘ECONOMIC DEVELOPMENT ADMINIS- curity Act (42 U.S.C. 1395w), as amended by section (i) and section 1833(b)), the monthly
TRATION’ under the heading ‘DEPARTMENT
subsection (b)(2), is amended by adding at actuarial rate for enrollees age 65 and over
OF COMMERCE’ in title II of division B of the end the following: for 2021 shall be the same as the monthly ac-
the CARES Act (Public Law 116–136) that are ‘‘(f)(1) There shall be transferred from the tuarial rate for enrollees age 65 and over for
unobligated as of the date of enactment of General Fund of the Treasury to the Trust 2020.’’.
the Sustaining Tourism Enterprises During Fund an amount, as estimated by the Chief (b) TRANSITIONAL GOVERNMENT CONTRIBU-
the COVID–19 Pandemic Act to provide Actuary of the Centers for Medicare & Med- TION.—Section 1844 of the Social Security
grants under this section.’’. icaid Services, equal to amounts paid under Act (42 U.S.C. 1395w) is amended—
the advance payment program under section (1) in subsection (a), by adding at the end
SA 2622. Mr. GRASSLEY submitted 421.214 of title 42, Code of Federal Regula- the following new sentence: ‘‘In applying
an amendment intended to be proposed tions (or any successor regulation) during paragraph (1), the amounts transferred under
to amendment SA 2499 proposed by Mr. the period beginning on March 28, 2020, and subsection (e)(1) with respect to enrollees de-
MCCONNELL to the bill S. 178, to con- ending on July 9, 2020. scribed in subparagraphs (A) and (B) of such
‘‘(2) There shall be transferred from the subsection shall be treated as premiums pay-
demn gross human rights violations of Trust Fund to the General Fund of the able and deposited in the Trust Fund under
ethnic Turkic Muslims in Xinjiang, and Treasury amounts equivalent to the sum of— subparagraphs (A) and (B), respectively, of
calling for an end to arbitrary deten- ‘‘(A) the amounts by which claims have paragraph (1).’’; and
tion, torture, and harassment of these offset (in whole or in part) the amount of (2) by adding at the end the following:
communities inside and outside China; such advance payments described in para- ‘‘(e)(1) For 2021, there shall be transferred
which was ordered to lie on the table; graph (1); and from the General Fund to the Trust Fund an
as follows: ‘‘(B) the amount of such advance payments amount, as estimated by the Chief Actuary
that has been repaid (in whole or in part), of the Centers for Medicare & Medicaid Serv-
At the appropriate place, insert the fol- under the advance payment program under ices, equal to the reduction in aggregate pre-
lowing: such section 421.214 (or any such successor miums payable under this part for a month
SEC. ll. MAINTAINING 2021 MEDICARE PART B regulation). in such year (excluding any changes in
PREMIUM AND DEDUCTIBLE AT 2020 ‘‘(3) Amounts described in paragraphs (1) amounts collected under section 1839(i)) that
LEVELS CONSISTENT WITH ACTU- and (2) shall be transferred from time to
ARIALLY FAIR RATES.
are attributable to the application of section
time as appropriate.’’. 1839(a)(7) with respect to—
(a) 2021 PREMIUM AND DEDUCTIBLE AND RE- (d) INDENTATION CORRECTION.—Section ‘‘(A) enrollees age 65 and over; and
PAYMENT THROUGH FUTURE PREMIUMS.—Sec- 1839(i)(3)(A)(ii) of the Social Security Act (42 ‘‘(B) enrollees under age 65.
tion 1839(a) of the Social Security Act (42 U.S.C. 1395r(i)(3)(A)(ii)) is amended by mov- Such amounts shall be transferred from time
U.S.C. 1395r(a)) is amended— ing the indentation of subclause (I) two ems to time as appropriate.
(1) in the second sentence of paragraph (1), to the right. ‘‘(2) Premium increases affected under sec-
by striking ‘‘(5) and (6)’’ and inserting ‘‘(5), (e) EMERGENCY DESIGNATION.— tion 1839(a)(6) shall not be taken into ac-
(6), and (7)’’; (1) IN GENERAL.—The amounts provided by count in applying subsection (a).
(2) in paragraph (6)(C)— this section and the amendments made by ‘‘(3) There shall be transferred from the
(A) in clause (i), by striking ‘‘section this section are designated as an emergency Trust Fund to the General Fund of the
1844(d)(1)’’ and inserting ‘‘subsections (d)(1) requirement pursuant to section 4(g) of the Treasury amounts equivalent to the addi-
and (e)(1) of section 1844’’; and Statutory Pay-As-You-Go Act of 2010 (2 tional premiums payable as a result of the
(B) in clause (ii), by striking ‘‘paragraph U.S.C. 933(g)). application of section 1839(a)(6), excluding
(5)’’ and inserting ‘‘paragraphs (5) and (7)’’; (2) DESIGNATION IN SENATE.—In the Senate, the aggregate payments attributable to the
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and this section and the amendments made by application of section 1839(i)(3)(A)(ii)(II).’’.
(3) by adding at the end the following: this section are designated as an emergency (c) ADDITIONAL TRANSITIONAL GOVERNMENT
‘‘(7) In applying this part (including sub- requirement pursuant to section 4112(a) of H. CONTRIBUTION.—Section 1844 of the Social Se-
section (i) and section 1833(b)), the monthly Con. Res. 71 (115th Congress), the concurrent curity Act (42 U.S.C. 1395w), as amended by
actuarial rate for enrollees age 65 and over resolution on the budget for fiscal year 2018. subsection (b)(2), is amended by adding at
for 2021 shall be the same as the monthly ac- the end the following:
tuarial rate for enrollees age 65 and over for SA 2623. Mr. GRASSLEY submitted ‘‘(f)(1) There shall be transferred from the
2020.’’. an amendment intended to be proposed General Fund of the Treasury to the Trust
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August 6, 2020 CONGRESSIONAL RECORD — SENATE S5315
Fund an amount, as estimated by the Chief 2021, the authority provided the Secretary (A) STUDY.—The Secretary shall conduct a
Actuary of the Centers for Medicare & Med- under section 1135(b)(8) to waive or modify study on the impact of telehealth and other
icaid Services, equal to amounts paid under requirements with respect to a telehealth virtual services furnished under the Medi-
the advance payment program under section service, and modifications of policies with care program under title XVIII of the Social
421.214 of title 42, Code of Federal Regula- respect to telehealth services made by in- Security Act (42 U.S.C. 1395 et seq.) during
tions (or any successor regulation) during terim final rule applicable to such period, the emergency period described in section
the period beginning on March 28, 2020, and shall be extended through December 31, 2021. 1135(g)(1)(B) of such Act (42 U.S.C. 1320b–
ending on July 9, 2020. ‘‘(B) NO REQUIREMENT TO EXTEND.— Noth- 5(g)(1)(B)). In conducting such study, the
‘‘(2) There shall be transferred from the ing in subparagraph (A) shall require the Secretary shall—
Trust Fund to the General Fund of the Secretary to extend any specific waiver or (i) assess the impact of such services on ac-
Treasury amounts equivalent to the sum of— modification or modifications of policies cess to care, health outcomes, and spending
‘‘(A) the amounts by which claims have that the Secretary does not find appropriate by type of physician, practitioner, or other
offset (in whole or in part) the amount of for extension. entity, and by patient demographics and
such advance payments described in para- ‘‘(C) IMPLEMENTATION.—Notwithstanding other characteristics that include—
graph (1); and any provision of law, the provisions of this (I) age, gender, race, and type of eligibility
‘‘(B) the amount of such advance payments paragraph may be implemented by interim for the Medicare program;
that has been repaid (in whole or in part), final rule, program instructions or other- (II) dual eligibility for both the Medicare
under the advance payment program under wise.’’. program and the Medicaid program under
such section 421.214 (or any such successor (b) MEDPAC EVALUATION AND REPORT.— title XIX of such Act (42 U.S.C. 1396 et seq.);
regulation). (1) STUDY.— (III) residing in an area of low-population
‘‘(3) Amounts described in paragraphs (1) (A) IN GENERAL.—The Medicare Payment density or a health professional shortage
and (2) shall be transferred from time to Advisory Commission (in this subsection re- area (as defined in section 332(a)(1)(A) of the
time as appropriate.’’. ferred to as the ‘‘Commission’’) shall conduct Public Health Service Act (42 U.S.C.
(d) INDENTATION CORRECTION.—Section an evaluation of— 254e(a)(1)(A))) ;
1839(i)(3)(A)(ii) of the Social Security Act (42 (i) the expansions of telehealth services (IV) diagnoses, such as a diagnosis of
U.S.C. 1395r(i)(3)(A)(ii)) is amended by mov- under part B of title XVII of the Social Secu- COVID–19, a chronic condition, or a mental
ing the indentation of subclause (I) two ems rity Act related to the COVID-19 public health disorder or substance use disorder;
to the right. health emergency described in section (V) telecommunication modality used, in-
SEC. l02. IMPROVEMENTS TO THE MEDICARE 1135(g)(1)(B) of such Act (42 U.S.C. 1320b–
cluding extent to which the services are fur-
HOSPITAL ACCELERATED AND AD- 5(g)(1)(B)); and
nished using audio-only technology;
VANCE PAYMENTS PROGRAMS DUR- (ii) the appropriate treatment of such ex-
(VI) residing in a State other than the
ING THE COVID–19 PUBLIC HEALTH pansions after the expiration of such public
EMERGENCY. State in which the furnishing physician,
health emergency.
(a) PART A.— practitioner, or other entity is located; and
(B) ANALYSIS.—The evaluation under sub-
(1) REPAYMENT PERIODS.—Section
(VII) other characteristics and information
paragraph (A) shall include an analysis of
1815(f)(2)(C) of the Social Security Act (42 determined appropriate by the Secretary;
each the following:
U.S.C. 1395g(f)(2)(C)) is amended— and
(i) Which, if any, of such expansions should
(A) in clause (i), by striking ‘‘120 days’’ and (ii) to the extent feasible, assess such im-
be continued after the expiration of the such
inserting ‘‘270 days’’; and public health emergency, pact based on—
(B) in clause (ii), by striking ‘‘12 months’’ (ii) Whether any such continued expan- (I) the type of technology used to furnish
and inserting ‘‘18 months’’. sions should be limited to, or differentially the service;
(2) AUTHORITY FOR DISCRETION.—Section applied to, clinicians participating in certain (II) the extent to which patient privacy is
1815(f)(2)(A)(ii) of the Social Security Act (42 value-based payment models. protected;
U.S.C. 1395g(f)(2)(A)(ii)) is amended by insert- (iii) How Medicare should pay for tele- (III) the extent to which documented or
ing ‘‘(or, with respect to requests submitted health services after the expiration of such suspected fraud or abuse occurred; and
to the Secretary on or after July 9, 2020, public health emergency, and the implica- (IV) patient satisfaction.
may)’’after ‘‘shall.’’. tions of payment approaches on aggregate (B) USE OF INFORMATION.—The Secretary
(b) PART B.—In carrying out the advance Medicare program spending, may use reliable non-governmental sources
payments program described in section (iv) Medicare program integrity and bene- of information in assessing the impact of
421.214 of title 42, Code of Federal Regula- ficiary safeguards that may be warranted characteristics described in subparagraph
tions (or a successor regulation), the Sec- with the coverage of telehealth services. (A) under the study.
retary of Health and Human Services, in the (v) The implications of expanded Medicare (C) REPORT.—
case of a payment made under such program coverage of telehealth services for bene- (i) INTERIM PROVISION OF INFORMATION.—
during the emergency period described in ficiary access to care and the quality of care The Secretary shall, as determined appro-
section 1135(g)(1)(B) of the Social Security provided via telehealth. priate, periodically during such emergency
Act (42 U.S.C. 1320b–5(g)(1)(B)), upon request (vi) Other areas determined appropriate by period, post on the internet website of the
of the supplier receiving such payment, the Commission. Centers for Medicare & Medicaid services
shall— (2) REPORT.—Not later than June 15, 2021, data on utilization of telehealth and other
(1) provide up to 270 days before claims are the Commission shall submit to Congress a virtual services under the Medicare program
offset to recoup the payment; and report containing the results of the evalua- and the impact of characteristics described
(2) allow not less than 14 months from the tion conducted under paragraph (1), together in subparagraph (A) on such utilization.
date of the first advance payment before re- with recommendations for such legislation (ii) REPORT.—Not later than 15 months
quiring that the outstanding balance be paid and administrative action as the Commis- after date of enactment of this Act, the Sec-
in full. sion determines appropriate. retary shall submit to Congress a report on
(c) EFFECTIVE DATE.—The amendments (c) HHS PROVISION OF INFORMATION AND the study conducted under subparagraph (A),
made by this section shall take effect as if STUDY AND REPORT.— together with recommendations for such leg-
included in the enactment of the (1) PRE–COVID–19 PUBLIC HEALTH EMERGENCY islation and administrative action as the
Coronavirus Aid, Relief, and Economic Secu- TELEHEALTH AUTHORITY.—Not later than 3 Secretary determines appropriate.
rity Act (Public Law 116–136). months after the date of enactment of this SEC. l04. EXTENDING MEDICARE TELEHEALTH
(d) IMPLEMENTATION.—Notwithstanding Act, the Secretary of Health and Human FLEXIBILITIES FOR FEDERALLY
any other provision of law, the Secretary of Services (in this subsection referred to as the QUALIFIED HEALTH CENTERS AND
Health and Human Services may implement ‘‘Secretary’’) shall make available on the RURAL HEALTH CLINICS.
the provisions of, and the amendments made internet website of the Centers for Medicare (a) IN GENERAL.—Section 1834(m) of the So-
by, this section by program instruction or & Medicaid Services information describing cial Security Act (42 U.S.C. 1395m(m)) is
otherwise. the requirements applicable to telehealth amended—
SEC. l03. AUTHORITY TO EXTEND MEDICARE services and other virtual services under the (1) in paragraph (4)(C)—
TELEHEALTH WAIVERS. original Medicare fee-for-service program (A) in clause (i), in the matter preceding
(a) AUTHORITY.—Section 1834(m) of the So- under parts A and B of title XVIII of the So- subclause (I), by striking ‘‘and (7)’’ and in-
cial Security Act (42 U.S.C. 1395m(m)) is cial Security Act (42 U.S.C. 1395 et seq.) and serting ‘‘(7), and (8)’’; and
amended by adding at the end the following the Medicare Advantage program under part (B) in clause (ii)(X), by inserting ‘‘or para-
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new paragraph: C of such title prior to the waiver or modi- graph (8)(A)(i)’’ before the period; and
‘‘(9) AUTHORITY TO EXTEND TELEHEALTH fication of such requirements during the (2) in paragraph (8)—
WAIVERS AND POLICIES.— emergency period described in section (A) in the paragraph heading by inserting
‘‘(A) AUTHORITY.—Notwithstanding the 1135(g)(1)(B) of the Social Security Act (42 ‘‘AND FOR AN ADDITIONAL PERIOD AFTER’’ after
preceding provisions of this subsection and U.S.C. 1320b–5(g)(1)(B)), as established by ‘‘DURING ’’;
section 1135, subject to subparagraph (B), if statute, regulation, and sub-regulatory guid- (B) in subparagraph (A)—
the emergency period under section ance under such title. (i) in the matter preceding clause (i), by in-
1135(g)(1)(B) expires prior to December 31, (2) STUDY AND REPORT.— serting ‘‘and the 5-year period beginning on
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S5316 CONGRESSIONAL RECORD — SENATE August 6, 2020
the first day after the end of such emergency section for a fiscal year for room or board for shall be in addition to any grants made to
period’’ after ‘‘1135(g)(1)(B)’’; youth who have attained age 18, are no such courts under section 438 of such Act for
(ii) in clause (ii), by striking ‘‘and’’ at the longer in foster care or otherwise eligible for any fiscal year.
end; services under such section, and experienced (B) NO MATCHING REQUIREMENT.—The limi-
(iii) by redesignating clause (iii) as clause foster care at 14 years of age or older. tation on the use of funds specified in section
(iv); and (c) SPECIAL RULES.— 438(d) of such Act (42 U.S.C. 629h(d)) shall not
(iv) by inserting after clause (ii) the fol- (1) NONAPPLICATION OF MATCHING FUNDS RE- apply to the grants awarded under this sec-
lowing new clause: QUIREMENT FOR INCREASED FUNDING.—With tion.
‘‘(iii) the geographic requirements de- respect to the amount allotted to a State (C) NO ADDITIONAL APPLICATION.—The Sec-
scribed in paragraph (4)(C)(i) shall not apply under section 477(c)(1) of the Social Security retary shall award grants to the highest
with respect to such a telehealth service; Act (42 U.S.C. 677(c)(1)) for fiscal year 2020, State courts under this section without re-
and’’; the Secretary shall apply section quiring such courts to submit an additional
(C) in subparagraph (B)(i)— 474(a)(4)(A)(i) of such Act (42 U.S.C. application.
(i) in the first sentence, by inserting ‘‘and 674(a)(4)(A)(i)) to the additional amount of (D) REPORTS.—The Secretary may estab-
the 5-year period beginning on the first day such allotment resulting from the deemed lish reporting criteria specific to the grants
after the end of such emergency period’’ be- increase in the dollar amount specified in awarded under this section.
fore the period; and section 477(h)(1) of such Act (42 U.S.C. (E) REDISTRIBUTION OF FUNDS.—If a highest
(ii) in the third sentence, by striking ‘‘pro- 677(h)(1)) for fiscal year 2020 under subsection State court does not accept a grant awarded
gram instruction or otherwise’’ and inserting (a) by substituting ‘‘100 percent’’ for ‘‘80 per- under this section, or does not agree to com-
‘‘interim final rule, program instruction, or cent’’. ply with any reporting requirements imposed
otherwise’’; and (2) NO RESERVATION FOR EVALUATION, TECH- under subparagraph (D) or the use of funds
(D) by adding at the end the following new NICAL ASSISTANCE, PERFORMANCE MEASURE- requirements specified in subsection (c), the
subparagraph: MENT, AND DATA COLLECTION ACTIVITIES.—Sec- Secretary shall redistribute the grant funds
‘‘(C) REQUIREMENT DURING ADDITIONAL PE- tion 477(g)(2) of such Act (42 U.S.C. 677(g)(2)) that would have been awarded to that court
RIOD.— shall not apply to the portion of the deemed among the other highest State courts that
‘‘(i) IN GENERAL.—During the 5-year period dollar amount for section 477(h)(1) of such are awarded grants under this section and
beginning on the first day after the end of Act (42 U.S.C. 677(h)(1)) for fiscal year 2020 agree to comply with such reporting and use
the emergency period described in section under subsection (a) that exceeds the dollar of funds requirements.
1135(g)(1)(B), payment may only be made amount specified in that section for such fis- (c) USE OF FUNDS.—A highest State court
under this paragraph for a telehealth service cal year. awarded a grant under this section shall use
described in subparagraph (A)(i) that is fur- (d) DEFINITIONS.—In this section: the grant funds to address needs stemming
nished to an eligible telehealth individual if (1) COVID–19 PUBLIC HEALTH EMERGENCY.— from the COVID–19 public health emergency,
such service is furnished by a qualified pro- The term ‘‘COVID–19 public health emer- which may include any of the following:
vider (as defined in clause (ii)). gency’’ means the public health emergency (1) Technology investments to facilitate
‘‘(ii) DEFINITION OF QUALIFIED PROVIDER.— declared by the Secretary pursuant to sec- the transition to remote hearings for depend-
For purposes of this subparagraph, the term tion 319 of the Public Health Service Act on ency courts when necessary as a direct result
‘qualified provider’ means, with respect to a January 31, 2020, entitled ‘‘Determination of the COVID–19 public health emergency.
telehealth service described in subparagraph that a Public Health Emergency Exists Na- (2) Training for judges, attorneys, and
(A)(i) that is furnished to an eligible tele- tionwide as the Result of the 2019 Novel caseworkers on facilitating and partici-
health individual, a Federally qualified Coronavirus’’ and includes any renewal of pating in remote technology hearings that
health center or rural health clinic that fur- such declaration pursuant to such section still comply with due process, meet Congres-
nished to such individual, during the 3-year 319. sionally mandated requirements, ensure
period ending on the date the telehealth (2) SECRETARY.—The term ‘‘Secretary’’ child safety and well-being, and help inform
service was furnished, an item or service in means the Secretary of Health and Human judicial decision-making.
person for which— Services. (3) Programs to help families address as-
SEC. l06. COURT IMPROVEMENT PROGRAM. pects of the case plan to avoid delays in legal
‘‘(I) payment was made under this title; or
‘‘(II) such payment would have been made (a) TEMPORARY FUNDING INCREASES.—Out proceedings that would occur as a direct re-
if such individual were entitled to, or en- of any money in the Treasury of the United sult of the COVID–19 public health emer-
rolled for, benefits under this title at the States not otherwise appropriated, there are gency.
appropriated to the Secretary, $10,000,000 for (4) Other purposes to assist courts, court
time such item or service was furnished.’’.
fiscal year 2020 for making grants in accord- personnel, or related staff related to the
(b) EFFECTIVE DATE.—The amendments
ance with this section to the highest State COVID–19 public health emergency.
made by this section (other than the amend-
courts described in section 438 of the Social (d) DEFINITIONS.—In this section:
ment made by subsection (a)(2)(D)) shall
Security Act (42 U.S.C. 629h). Grants made (1) COVID–19 PUBLIC HEALTH EMERGENCY.—
take effect as if included in the enactment of under this section shall be considered to be
the Coronavirus Aid, Relief, and Economic The term ‘‘COVID–19 public health emer-
Court Improvement Program grants made
Security Act (Public Law 116–136). gency’’ means the public health emergency
under such section 438, subject to the suc-
SEC. l05. SUPPORT FOR OLDER FOSTER YOUTH. declared by the Secretary pursuant to sec-
ceeding provisions of this section.
(a) FUNDING INCREASES.—The dollar (b) DISTRIBUTION OF FUNDS.— tion 319 of the Public Health Service Act on
amount specified in section 477(h)(1) of the (1) IN GENERAL.—From the amount appro- January 31, 2020, entitled ‘‘Determination
Social Security Act (42 U.S.C. 677(h)(1)) for priated under subsection (a), the Secretary that a Public Health Emergency Exists Na-
fiscal year 2020 is deemed to be $193,000,000. shall— tionwide as the Result of the 2019 Novel
(b) PROGRAMMATIC FLEXIBILITY.—During (A) reserve up to $500,000 for Tribal court Coronavirus’’ and includes any renewal of
the COVID–19 public health emergency: improvement activities; and such declaration pursuant to such section
(1) SUSPENSION OF CERTAIN REQUIREMENTS (B) pay from the amount remaining after 319.
UNDER THE EDUCATION AND TRAINING VOUCHER the application of subparagraph (A), a grant (2) SECRETARY.—The term ‘‘Secretary’’
PROGRAM.—The Secretary may allow a State to each highest State court that is approved means the Secretary of Health and Human
to waive the applicability of the requirement to receive a grant under section 438 of the Services.
in section 477(i)(3) of the Social Security Act Social Security Act for the purpose described Subtitle B—Emergency Support and COVID–
(42 U.S.C. 677(i)(3)) that a youth must be en- in subsection (a)(3) of that section for fiscal 19 Protection for Nursing Homes
rolled in a postsecondary education or train- year 2020. SEC. l11. DEFINITIONS.
ing program or making satisfactory progress (2) AMOUNT.—The amount of the grant In this subtitle:
toward completion of that program if a awarded to a highest State court under this (1) COVID–19.—The term ‘‘COVID–19’’
youth is unable to meet these requirements section is equal to the sum of— means the 2019 Novel Coronavirus or 2019-
due to the public health emergency. (A) $85,000; and nCoV.
(2) AUTHORITY TO WAIVE LIMITATIONS ON (B) the amount that bears the same ratio (2) COVID–19 PUBLIC HEALTH EMERGENCY PE-
PERCENTAGE OF FUNDS USED FOR HOUSING AS- to the amount appropriated under subsection RIOD.—The term ‘‘COVID–19 public health
SISTANCE AND ELIGIBILITY FOR SUCH ASSIST- (a) that remains after the application of emergency period’’ means the period begin-
ANCE.—Notwithstanding subsections (b)(3)(B) paragraph (1)(A) and subparagraph (A) of this ning on the first day of the emergency period
and (b)(3)(C) of section 477 of the Social Se- paragraph, as the number of individuals in defined in paragraph (1)(B) of section 1135(g)
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curity Act (42 U.S.C. 677), a State may— the State who have not attained 21 years of of the Social Security Act (42 U.S.C. 1320b-
(A) use more than 30 percent of the age bears to the total number of such indi- 5(g)) and ending on the last day of the cal-
amounts paid to the State from its allot- viduals in all States (based on the most re- endar quarter in which the last day of such
ment under subsection (c) of such section for cent year for which data are available from emergency period occurs.
a fiscal year for room or board payments; the Bureau of the Census). (3) NURSING FACILITY.—The term ‘‘nursing
and (3) OTHER RULES.— facility’’ has the meaning given that term in
(B) expend amounts paid to the State from (A) IN GENERAL.—The grants awarded to section 1919(a) of the Social Security Act (42
its allotment under subsection (c) of such the highest State courts under this section U.S.C. 1396r(a)).
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August 6, 2020 CONGRESSIONAL RECORD — SENATE S5317
(4) PARTICIPATING PROVIDER.—The term ment and not supplant response efforts car- title are designated as an emergency require-
‘‘participating provider’’ means a skilled ried out by a State strike team or a tech- ment pursuant to section 4(g) of the Statu-
nursing facility or a nursing facility that has nical assistance team established by the Sec- tory Pay-As-You-Go Act of 2010 (2 U.S.C.
been assigned a national provider identifier retary during the COVID-19 public health 933(g)).
number by the Secretary and has executed emergency period. (b) DESIGNATION IN SENATE.—In the Senate,
an agreement to participate in the Medicare SEC. l13. PROMOTING COVID–19 TESTING AND this title and the amendments made by this
program established under title XVIII of the INFECTION CONTROL IN NURSING title are designated as an emergency require-
Social Security Act (42 U.S.C. 1395 et seq.) or FACILITIES. ment pursuant to section 4112(a) of H. Con.
the Medicaid program established under title (a) NURSING HOME PROTECTIONS.—The Sec- Res. 71 (115th Congress), the concurrent reso-
XIX of such Act (42 U.S.C. 1396 et seq.). retary, in consultation with the Elder Jus- lution on the budget for fiscal year 2018.
(5) SECRETARY.—The term ‘‘Secretary’’ tice Coordinating Council, is authorized dur-
means the Secretary of Health and Human ing the COVID–19 public health emergency SA 2624. Mr. MORAN submitted an
Services. period to enhance efforts by participating amendment intended to be proposed to
(6) SKILLED NURSING FACILITY.—The term providers to respond to COVID–19, including amendment SA 2499 proposed by Mr.
‘‘skilled nursing facility’’ has the meaning through— MCCONNELL to the bill S. 178, to con-
given that term in section 1819(a) of the So- (1) development of online training courses demn gross human rights violations of
cial Security Act (42 U.S.C. 1395i–3(a)). for personnel of participating providers, sur- ethnic Turkic Muslims in Xinjiang, and
(7) STATE.—Except as otherwise provided, vey agencies, the long-term care ombudsman calling for an end to arbitrary deten-
the term ‘‘State’’ has the meaning given of each State, and other individuals to facili- tion, torture, and harassment of these
such term for purposes of title XIX of the So- tate the implementation of subsection (b);
cial Security Act (42 U.S.C. 1396 et seq.). communities inside and outside China;
(2) enhanced diagnostic testing of visitors
SEC. l12. ESTABLISHING COVID–19 STRIKE to, personnel of, and residents of, partici- which was ordered to lie on the table;
TEAMS FOR NURSING FACILITIES. pating providers in which measures of as follows:
(a) IN GENERAL.—The Secretary is author- COVID–19 in the community support more At the appropriate place, insert the fol-
ized to establish and support the operation of frequent testing for COVID–19; lowing:
strike teams comprised of individuals with (3) development of training materials for TITLE ll PRIVATE-PUBLIC PARTNER-
relevant skills, qualifications, and experi- personnel of participating providers, the SHIP TO PRESERVE JOBS IN THE AVIA-
ence to respond to COVID–19-related crises in long-term care ombudsman of each State, TION MANUFACTURING INDUSTRY
participating providers during the COVID–19 and other individuals to facilitate the imple- SEC. ll01. DEFINITIONS.
public health emergency period, based on mentation of subsection (c); and In this title:
data reported by such providers to the Cen- (4) providing support to participating pro- (1) AT-RISK EMPLOYEE GROUP.—The term
ters for Disease Control and Prevention. viders in areas deemed by the Secretary to
(b) MISSION AND COMPOSITION OF STRIKE ‘‘at-risk employee group’’ means the portion
require additional assistance due to the pres- of an employer’s United States workforce
TEAMS.—
ence COVID–19 infections. that—
(1) IN GENERAL.—Strike teams established
(b) TRAINING ON BEST PRACTICES IN INFEC- (A) does not exceed 25 percent of the em-
by the Secretary may include assessment,
TION CONTROL AND PREVENTION.— ployer’s total United States workforce; and
testing, and clinical teams, and a mission for
(1) IN GENERAL.—The Secretary shall de- (B) as of the date an application is sub-
each such team may include performing
velop training courses on infection control mitted, is at risk of a furlough or permanent
medical examinations, conducting COVID–19
and prevention, including cohorting, strate- reduction in force but for the relief provided
testing, and assisting participating providers
gies and use of telehealth to mitigate the for in this title.
with the implementation of infection control
transmission of COVID–19 in participating (2) AVIATION MANUFACTURING COMPANY.—
practices (such as quarantine, isolation, or
providers during the COVID–19 public health The term ‘‘aviation manufacturing com-
disinfection procedures).
emergency period. pany’’ means those businesses that hold a
(2) LETTER OF AUTHORIZATION.—Strike
(2) DEVELOPMENT.—To the extent prac- Federal Aviation Administration Type Cer-
teams and members of such teams shall be
ticable, the training programs developed by tificate, Production Certificate, Repair Sta-
subject to the Secretary’s oversight and di-
the Secretary under this subsection shall use tion Certificate, or other similar authoriza-
rection and the Secretary may issue a letter
best practices in infection control and pre- tion from the Federal Aviation Administra-
of authorization to team members describ-
vention. tion, and as the Secretary may determine,
ing—
(3) COORDINATION WITH OTHER FEDERAL EN- may include civil aviation suppliers of such
(A) the individual’s designation to serve on
TITIES.—The Secretary shall seek input as businesses.
1 or more teams under an emergency procla-
appropriate on the training courses devel- (3) COVID–19 PUBLIC HEALTH EMERGENCY.—
mation by the Secretary;
oped under this subsection from the Elder The term ‘‘COVID–19 public health emer-
(B) the mission of the team; gency’’ means the public health emergency
Justice Coordinating Council and the Direc-
(C) the authority of the individual to per- with respect to the 2019 Novel Coronavirus.
tor of the Centers for Disease Control and
form the team mission; (4) EMPLOYEE.—The term ‘‘employee’’ has
Prevention.
(D) the individual’s authority to access the meaning given that term in section 3 of
(4) INTERACTIVE WEBSITE.—The Secretary is
places, persons, and materials necessary for the Fair Labor Standards Act of 1938 (29
authorized to create an interactive website
the team member’s performance of the U.S.C. 203)).
to disseminate training materials and re-
team’s mission; (5) EMPLOYER.—The term ‘‘employer’’
lated information in the areas of infection
(E) the requirement that team members means an aviation manufacturing company
control and prevention, for purposes of car-
maintain the confidentiality of patient in- that is an employer (as defined in section 3
rying out this subsection during the COVID–
formation shared with such individuals by a of the Fair Labor Standards Act of 1938 (29
19 public health emergency period.
participating provider; and U.S.C. 203)).
SEC. l14. PROMOTING TRANSPARENCY IN
(F) the required security background (6) PRIVATE PARTNER CONTRIBUTION.—The
COVID–19 REPORTING BY NURSING
checks that the individual has passed. FACILITIES. term ‘‘private partner contribution’’ means
(3) SECRETARIAL OVERSIGHT.—The Sec- Not later than 10 days after the date of en- the contribution funded by the employer
retary may, at any time, disband any strike under this title to maintain a minimum of 50
actment of this Act, and at least weekly
team and rescind the letter of authorization percent of the at-risk employee group’s total
thereafter during the COVID-19 public health
for any team member. compensation level, and combined with the
emergency period, the Secretary shall pro-
(4) TEAM AND MEMBER AUTHORITY.—A team public partner contribution, is sufficient to
vide the Governor of each State with a list of
and team member may not use the letter of maintain the total compensation level for
all participating providers in the State with
authorization described in paragraph (2) for the at-risk employee group as of April 1,
respect to which the reported cases of
any purpose except in connection with the 2020.
COVID–19 in visitors to, personnel of, and
team’s mission of acting in good faith to pro- (7) PUBLIC PARTNER CONTRIBUTION.—The
residents of, such providers increased during
mote resident and employee safety in par- term ‘‘public partner contribution’’ means
the previous week (or, in the case of the first
ticipating providers in which COVID–19 is the contribution funded by the Federal Gov-
such list, during the 10-day period beginning
confirmed to be present. ernment under this title to provide not more
on the date of enactment of this Act).
(5) ADMINISTRATION.—The Secretary, in than 50 percent of the at-risk employees
SEC. l15. FUNDING.
consultation with the Director of the Cen- group’s total compensation level, and com-
The Secretary may use amounts appro-
ters for Disease Control and Prevention, may bined with the private partner contribution,
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priated for COVID–19 response and related
establish protocols and procedures for re- is sufficient to maintain the total compensa-
activities pursuant to the CARES Act (Pub-
questing the assistance of a strike team es- tion level for those in the at-risk employee
lic Law 116–136) and subsequently enacted
tablished under this section and any other group as of April 1, 2020.
legislation to carry out this subtitle.
procedures deemed necessary for the team’s (8) SECRETARY.—The term ‘‘Secretary’’
operation. Subtitle C—Emergency Designation means the Secretary of the Treasury, or the
(6) SUPPLEMENTATION OF OTHER RESPONSE SEC. l21. EMERGENCY DESIGNATION. designee of the Secretary of the Treasury.
EFFORTS.—Strike teams established by the (a) IN GENERAL.—The amounts provided by (9) TOTAL COMPENSATION LEVEL.—The term
Secretary under this section shall supple- this title and the amendments made by this ‘‘total compensation level’’ means the level
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