Amendments on Nursing Home COVID–19 Protections — Congressional Record, Senate, August 6, 2020
Summary
Page S5323 of the Senate section of the Congressional Record for August 6, 2020. It prints text on nursing homes and long-term care facilities during the COVID-19 emergency period. One proposal funds televisitation grants through a Fund, with at least $50,000,000 if appropriated for a telehealth purpose or, if not, 30 percent of assessments collected under section 1128A. Another section authorizes the Secretary to establish strike teams to respond to COVID-19 crises in participating providers, and a further proposal would require facilities to provide residents a telecommunications device and the Internet. Notices name amendment SA 2627, from Grassley for himself, Daines and McSally, and amendment SA 2628, from Grassley.
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“Amendments on Nursing Home COVID–19 Protections — Congressional Record, Senate, August 6, 2020.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-08-06-crec-2020-08-06-pt1-pgs5323-2-533e0aed8b/
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August 6, 2020 CONGRESSIONAL RECORD — SENATE S5323
3822.00.5090 ......... 7311.00.0090 ........ 9402.90.0010 this section as the ‘‘Fund’’), to be adminis- given that term in section 1819(a) of the So-
3822.00.6000 ......... 7324.90.0000 ........ 9402.90.0020 tered by the Secretary. cial Security Act (42 U.S.C. 1395i–3(a)).
(2) TRANSFERS.—Beginning on the date of (7) STATE.—Except as otherwise provided,
(c) PERIOD SPECIFIED.—The period specified the term ‘‘State’’ has the meaning given
enactment of this Act and ending on Sep-
in this subsection is the period— such term for purposes of title XIX of the So-
tember 30, 2022, and in a manner consistent
(1) beginning on the date that is 15 days cial Security Act (42 U.S.C. 1396 et seq.).
with section 3302(b) of title 31, there shall be
after the date of the enactment of this Act; (8) TELEVISITATION.—The term ‘‘televisita-
transferred to the Fund from the General
and tion’’ means telecommunication, including
Fund of the Treasury, an amount that is not
(2) ending on December 31, 2022. but not limited to audio, visual, text com-
less than—
(A) $50,000,000, if such sums are appro- munication, video conference, and two-way
SA 2627. Mr. GRASSLEY (for him-
priated by Congress for the Telehealth Re- audio/video options, by residents of a partici-
self, Mr. DAINES, and Ms. MCSALLY) pating provider with other individuals.
source Center of the Federal Office of Rural
submitted an amendment intended to Health Policy of the Office for the Advance-
be proposed to amendment SA 2499 pro- ment of Telehealth to promote the develop- SA 2628. Mr. GRASSLEY submitted
posed by Mr. MCCONNELL to the bill S. ment of televisitation for participating pro- an amendment intended to be proposed
178, to condemn gross human rights viders, which shall remain available through by him to the bill S. 178, to condemn
violations of ethnic Turkic Muslims in September 30, 2021; or gross human rights violations of ethnic
Xinjiang, and calling for an end to ar- (B) in the event that appropriated funds Turkic Muslims in Xinjiang, and call-
bitrary detention, torture, and harass- are not available under subparagraph (A), 30 ing for an end to arbitrary detention,
percent of the amount of assessments col- torture, and harassment of these com-
ment of these communities inside and
lected under section 1128A of the Social Se- munities inside and outside China;
outside China; which was ordered to lie curity Act (42 U.S.C. 1320a–7a), which shall
on the table; as follows: remain available until expended.
which was ordered to lie on the table;
At the appropriate place, insert the fol- (3) USE OF FUNDS.— as follows:
lowing: (A) IN GENERAL.—From amounts in the At the appropriate place, insert the fol-
SEC. ll. PROMOTING QUALITY OF LIFE FOR Fund, in addition to any other amounts lowing:
RESIDENTS OF LONG-TERM CARE available, and without further appropriation, SEC. ll. EMERGENCY SUPPORT AND COVID–19
FACILITIES DURING THE COVID–19 PROTECTIONS FOR NURSING
the Secretary shall, during each of fiscal
EMERGENCY PERIOD. HOMES.
years 2020 and 2021, use amounts available in
(a) IN GENERAL.—Sections 1819(c)(3) and (a) ESTABLISHING COVID–19 STRIKE TEAMS
the Fund to award televisitation grants to
1919(c)(3) of the Social Security Act (42 FOR NURSING FACILITIES.—
participating providers and, to the extent ap-
U.S.C. 1395i–3(c)(3), 1396r(c)(3)) are each (1) IN GENERAL.—The Secretary is author-
propriated funding is available, other long-
amended— ized to establish and support the operation of
term care facilities designated by the Sec-
(1) in subparagraph (D), by striking ‘‘and’’ strike teams comprised of individuals with
retary to receive such grants. The Secretary relevant skills, qualifications, and experi-
at the end; shall use amounts in the Fund only to sup-
(2) in subparagraph (E), by striking the pe- ence to respond to COVID–19-related crises in
plement the funds that would, in the absence participating providers during the COVID–19
riod and inserting ‘‘; and’’; and of such Federal funds, be made available
(3) by adding at the end the following new public health emergency period, based on
from other Federal, State, and local sources data reported by such providers to the Cen-
subparagraph: to promote televisitation, and not to sup-
‘‘(F) provide for the use by residents of a ters for Disease Control and Prevention.
plant such funds. (2) MISSION AND COMPOSITION OF STRIKE
telecommunications device and the Internet, (B) GRANTS.—Of the amounts in the Fund
including assistance from facility staff in TEAMS.—
used under subparagraph (A), not less than (A) IN GENERAL.—Strike teams established
the use of such technology, if necessary or $25,000,000, if such amounts are available in
requested by the resident or the resident’s by the Secretary may include assessment,
the Fund during fiscal year 2020 or 2021, shall testing, and clinical teams, and a mission for
representative, or the long-term care om- be used for grants to address technical, serv-
budsman of a State, to support telecommuni- each such team may include performing
ice delivery, operational, or other related medical examinations, conducting COVID–19
cation during the emergency period de- barriers to the timely deployment of tele-
scribed in section 1135(g)(1)(B)(relating to testing, and assisting participating providers
visitation in participating providers, includ- with the implementation of infection control
the 2019 Novel Coronavirus), such as audio, ing with respect to addressing inadequate ac-
visual, text communication, video- practices (such as quarantine, isolation, or
cess to broadband and necessary staff to fa- disinfection procedures).
conference, and two-way audio/video options, cilitate the use of televisitation, tele-
by residents of such facility with family (B) LETTER OF AUTHORIZATION.—Strike
communications devices, or other items or teams and members of such teams shall be
members and other individuals.’’. services as necessary to implement such
(b) ACCESS DURING THE COVID–19 PUBLIC subject to the Secretary’s oversight and di-
televisitation. rection and the Secretary may issue a letter
HEALTH EMERGENCY PERIOD.—
(1) LONG-TERM CARE FACILITIES.—Not later (d) DEFINITIONS.—In this section: of authorization to team members describ-
than 30 days after the date of enactment of (1) COVID–19 PUBLIC HEALTH EMERGENCY PE- ing—
this Act, the Secretary shall take steps nec- RIOD.—The term ‘‘COVID–19 public health (i) the individual’s designation to serve on
essary to ensure that the residents of each emergency period’’ means the period begin- 1 or more teams under an emergency procla-
participating provider and of other long- ning on the first day of the emergency period mation by the Secretary;
term care facilities designated by the Sec- defined in paragraph (1)(B) of section 1135(g) (ii) the mission of the team;
retary have access to the devices, Internet, of the Social Security Act (42 U.S.C. 1320b- (iii) the authority of the individual to per-
and assistance necessary to support the tele- 5(g)) and ending on the last day of the cal- form the team mission;
visitation practices described in sections endar quarter in which the last day of such (iv) the individual’s authority to access
1819(c)(3)(F) and 1919(c)(3)(F) of the Social emergency period occurs. places, persons, and materials necessary for
Security Act, as added by subsection (a), (2) LONG-TERM CARE FACILITY.—The term the team member’s performance of the
during the COVID–19 public health emer- ‘‘long-term care facility’’ has the meaning team’s mission;
gency period. given that term in section 2011(15) of the So- (v) the requirement that team members
(2) NOTIFICATION REQUIREMENTS.—In car- cial Security Act (42 U.S.C. 1397j(15)). maintain the confidentiality of patient in-
rying out the amendments made by sub- (3) NURSING FACILITY.—The term ‘‘nursing formation shared with such individuals by a
section (a) and paragraph (1) of this sub- facility’’ has the meaning given that term in participating provider; and
section, the Secretary shall address— section 1919(a) of the Social Security Act (42 (vi) the required security background
(A) notification to residents, representa- U.S.C. 1396r(a)). checks that the individual has passed.
tives and family members of residents, and (4) PARTICIPATING PROVIDER.—The term (C) SECRETARIAL OVERSIGHT.—The Sec-
the long-term care ombudsman of each ‘‘participating provider’’ means a skilled retary may, at any time, disband any strike
State, of access to such televisitation; nursing facility or a nursing facility that has team and rescind the letter of authorization
(B) how participating providers will ensure been assigned a national provider identifier for any team member.
or enable installation and access to a device number by the Secretary and has executed (D) TEAM AND MEMBER AUTHORITY.—A team
purchased by, or for the use or benefit of, in- an agreement to participate in the Medicare and team member may not use the letter of
program established under title XVIII of the authorization described in subparagraph (B)
SSpencer on DSK126QN23PROD with SENATE
dividual residents; and
(C) operational issues or other barriers to Social Security Act (42 U.S.C. 1395 et seq.) or for any purpose except in connection with
ensure timely resident access to the deploy- the Medicaid program established under title the team’s mission of acting in good faith to
ment of such televisitation. XIX of such Act (42 U.S.C. 1396 et seq.). promote resident and employee safety in
(c) FUNDING.— (5) SECRETARY.—The term ‘‘Secretary’’ participating providers in which COVID–19 is
(1) ESTABLISHMENT OF TELEVISITATION means the Secretary of Health and Human confirmed to be present.
FUND.—There is established in the Treasury Services. (E) ADMINISTRATION.—The Secretary, in
of the United States a fund, to be known as (6) SKILLED NURSING FACILITY.—The term consultation with the Director of the Cen-
the ‘‘Televisitation Fund’’ (referred to in ‘‘skilled nursing facility’’ has the meaning ters for Disease Control and Prevention, may
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S5324 CONGRESSIONAL RECORD — SENATE August 6, 2020
establish protocols and procedures for re- ING COVID–19 EMERGENCY PERIOD.—The Sec- (B) in subsection (b)(5), by inserting ‘‘, and
questing the assistance of a strike team es- retary shall ensure that participating pro- $150,000,000 for the emergency period de-
tablished under this subsection and any viders and long-term care facilities report all scribed in section 1135(g)(1)(B)’’ after ‘‘2014’’;
other procedures deemed necessary for the suspected and confirmed cases of COVID–19 and
team’s operation. among personnel and residents of the pro- (C) in subsection (c)(6), by inserting ‘‘, and
(F) SUPPLEMENTATION OF OTHER RESPONSE vider or facility, all COVID–19-related fatali- $30,000,000 for the emergency period described
EFFORTS.—Strike teams established by the ties among personnel and residents of the in section 1135(g)(1)(B)’’ after ‘‘2014’’.
Secretary under this subsection shall supple- provider or facility, and all fatalities among (4) TECHNICAL AMENDMENT.—Section
ment and not supplant response efforts car- personnel and residents of the provider or fa- 2011(12)(A) of the Social Security Act (42
ried out by a State strike team or a tech- cility, whether related to COVID–19 or unre- U.S.C. 1397j(12)(A)) is amended by striking
nical assistance team established by the Sec- lated to COVID–19, for the period beginning ‘‘450b’’ and inserting ‘‘5304’’.
retary during the COVID-19 public health on January 1, 2020, to the Secretary. (e) REDUCING RACIAL DISPARITIES IN NURS-
emergency period. (3) REPORTING OF NURSING FACILITY DATA ING FACILITIES DURING THE COVID–19 EMER-
(b) PROMOTING COVID–19 TESTING AND IN- RELATED TO COVID–19 BY THE SECRETARY.—Not GENCY.—
FECTION CONTROL IN NURSING FACILITIES.— later than 10 days after the date of enact- (1) TASK FORCE.—The Secretary shall es-
(1) NURSING HOME PROTECTIONS.—The Sec- ment of this Act, and at least weekly there- tablish a task force, to be known as the
retary, in consultation with the Elder Jus- after during the COVID–19 public health ‘‘Ethnic and Racial Disparities in Nursing
tice Coordinating Council established under emergency period, the Secretary shall pro- Facilities Task Force’’ (referred to in this
section 2021 of the Social Security Act (42 vide the Governor of each State with a list of subsection as the ‘‘task force’’), to gather
U.S.C. 1397k), is authorized during the all participating providers in the State with data on racial and ethnic disparities in par-
COVID–19 public health emergency period to respect to which the reported cases of ticipating providers during the COVID-19
enhance efforts by participating providers to COVID–19 in visitors to, personnel of, and public health emergency period and provide
respond to COVID–19, including through— residents of, such providers increased during recommendations to Federal, State, local,
(A) development of online training courses the previous week (or, in the case of the first and Tribal policymakers on ways to reduce
for personnel of participating providers, sur- such list, during the 10-day period beginning such disparities.
vey agencies, the long-term care ombudsman on the date of enactment of this Act). (2) MEMBERSHIP.—The task force shall be
of each State, and other individuals to facili- composed of the Secretary, the Surgeon Gen-
(4) CONFIDENTIALITY.—Any information re-
tate the implementation of paragraph (2); eral, other Federal, State, and local govern-
ported under this subsection that is made
(B) enhanced diagnostic testing of visitors ment officials, and individuals appointed by
available to the public shall be made so
to, personnel of, and residents of, partici- the Secretary with firsthand knowledge of,
available in a manner that protects the iden-
pating providers in which measures of or expertise relating to, disparities in access
tity of residents of participating providers
COVID–19 in the community support more to quality care for residents of participating
and long-term care facilities.
frequent testing for COVID–19; providers who are members of racial or eth-
(C) development of training materials for (d) EXTENDING ELDER JUSTICE ACT PROTEC- nic minority groups. In appointing such indi-
personnel of participating providers, the TIONS DURING THE COVID–19 EMERGENCY PE- viduals, the Secretary shall ensure the indi-
long-term care ombudsman of each State, RIOD.— viduals appointed provide ample representa-
and representatives and family members of (1) LONG-TERM CARE OMBUDSMAN PROGRAM tion with respect to the demographics of
residents; and GRANTS AND TRAINING.—Section 2043 of the residents and caregivers of such partici-
(D) providing support to participating pro- Social Security Act (42 U.S.C. 1397m–2) is pating providers, particularly with respect
viders in areas deemed by the Secretary to amended— to residents and caregivers of such facilities
require additional assistance due to the pres- (A) in subsection (a)— who are members of racial or ethnic minor-
ence COVID–19 infections. (i) in paragraph (1)(A), by inserting ‘‘(in- ity groups.
(2) TRAINING ON BEST PRACTICES IN INFEC- cluding during the emergency period de- (3) ADMINISTRATION.—
TION CONTROL AND PREVENTION.— scribed in section 1135(g)(1)(B), from amounts (A) CHAIRPERSON.—The Secretary shall
(A) IN GENERAL.—The Secretary shall de- made available with respect to such period in serve as the chairperson of the task force.
velop training courses on infection control accordance with paragraph (2)(D))’’ before The Surgeon General shall serve as the vice
and prevention, including cohorting, strate- the semicolon; and chairperson.
gies and use of telehealth to mitigate the (ii) in paragraph (2)— (B) STAFF.—The task force shall have 2
transmission of COVID–19 in participating (iii) in subparagraph (B), by striking ‘‘and’’ full-time staff members.
providers during the COVID–19 public health after the semicolon; (C) MEETINGS.—The task force shall con-
emergency period. (iv) in subparagraph (C), by striking the vene at least monthly, with the first meeting
(B) DEVELOPMENT.—To the extent prac- period at the end and inserting a semicolon; to occur within 60 days after the enactment
ticable, the training programs developed by and of this Act.
the Secretary under this subsection shall use (v) by adding at the end the following: (4) REPORTING AND RECOMMENDATIONS.—
best practices in infection control and pre- ‘‘(D) for the emergency period described in (A) MONTHLY REPORTS.—Not later than 45
vention. section 1135(g)(1)(B), $12,000,000.’’; days after the 1st meeting of the task force,
(C) COORDINATION WITH OTHER FEDERAL EN- (B) in subsection (b)— and monthly thereafter, the task force shall
TITIES.—The Secretary shall seek input as (i) in paragraph (1), by inserting ‘‘(includ- submit to Congress and the Federal Emer-
appropriate on the training courses devel- ing during the emergency period described in gency Management Agency a report that in-
oped under this subsection from the Elder section 1135(g)(1)(B), from amounts made cludes—
Justice Coordinating Council and the Direc- available with respect to such period in ac- (i) recommended methodologies for im-
tor of the Centers for Disease Control and cordance with paragraph (2))’’ before the pe- proving Federal data collection on resident
Prevention. riod; and outcomes in participating providers with dis-
(D) INTERACTIVE WEBSITE.—The Secretary (ii) in paragraph (2), by inserting before the proportionately high rates of admission of
is authorized to create an interactive period the following: ‘‘, and for the emer- individuals who are members of racial or
website to disseminate training materials gency period described in section ethnic minority groups;
and related information in the areas of infec- 1135(g)(1)(B), $12,000,000’’. (ii) the identification of participating pro-
tion control and prevention, for purposes of (2) ELDER JUSTICE COORDINATING COUNCIL.— viders evidencing racial or ethnic disparities
carrying out this subsection during the (A) MEMBERSHIP.—Section 2021(b)(1) of the in psychotropic drug usage, infection preven-
COVID–19 public health emergency period. Social Security Act (42 U.S.C. 1397k(b)(1)) is tion and control deficiencies, hospitalization
(c) PROMOTING TRANSPARENCY IN COVID–19 amended— rates, infectious disease rates, injury rates,
REPORTING BY NURSING FACILITIES AND LONG- (i) by redesignating subparagraph (C) as abuse rates, neglect rates, fatality rates, and
TERM CARE FACILITIES.— subparagraph (D); and any additional areas, as determined by the
(1) COLLECTION AND REPORTING OF STAFFING (ii) by inserting after subparagraph (B), the task force based on available public health
DATA BY NURSING FACILITIES DURING COVID–19 following: data (or, if no such data are available, on the
EMERGENCY PERIOD.—The Secretary shall de- ‘‘(C) The Administrator of the Federal basis of such other publicly available data or
velop a plan for ensuring that participating Emergency Management Agency.’’. information as the task force may deter-
providers resume compliance with the re- (B) DUTIES.—Section 2021(f)(1) of such Act mine);
quirement, under section 1128I(g) of the So- (42 U.S.C. 1397k(f)(1)) is amended by inserting (iii) the identification of factors, including
cial Security Act (42 U.S.C. 1320a–7j(g)), to ‘‘the Federal Emergency Management Agen- Federal and State policies, that have con-
SSpencer on DSK126QN23PROD with SENATE
electronically submit direct care staffing in- cy,’’ after ‘‘Justice,’’. tributed to racial or ethnic health disparities
formation based on payroll and other (3) ADULT PROTECTIVE SERVICES FUNCTIONS in resident outcomes in participating pro-
auditable data (including measures to ensure AND GRANT PROGRAMS.—Section 2042 of the viders, and actions Congress (and if appro-
that the submitted data includes direct care Social Security Act (42 U.S.C. 1397m–1) is priate, other entities) can take to address
staffing information for the entire duration amended— these factors; and
of the COVID–19 emergency period). (A) in subsection (a)(2), by inserting ‘‘, and (iv) recommendations for best practices to
(2) COLLECTION AND REPORTING OF DATA RE- $5,000,000 for the emergency period described promote improvements in participating pro-
LATED TO COVID–19 BY NURSING FACILITIES DUR- in section 1135(g)(1)(B)’’ after ‘‘2014’’; viders evidencing racial or ethnic disparities
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August 6, 2020 CONGRESSIONAL RECORD — SENATE S5325
in psychotropic drug usage, infection preven- given that term in section 2011(15) of the So- section (a) and paragraph (1) of this sub-
tion and control deficiencies, hospitalization cial Security Act (42 U.S.C. 1397j(15)). section, the Secretary shall address—
rates, infectious disease rates, injury rates, (4) NURSING FACILITY.—The term ‘‘nursing (A) notification to residents, representa-
abuse and neglect rates, fatality rates, or facility’’ has the meaning given that term in tives and family members of residents, and
any additional areas determined by the task section 1919(a) of the Social Security Act (42 the long-term care ombudsman of each
force. U.S.C. 1396r(a)). State, of access to such televisitation;
(B) CONSULTATION WITH INDIAN TRIBES.—In (5) PARTICIPATING PROVIDER.—The term (B) how participating providers will ensure
submitting reports and recommendations ‘‘participating provider’’ means a skilled or enable installation and access to a device
under this paragraph, the task force shall nursing facility or a nursing facility that has purchased by, or for the use or benefit of, in-
consult with Indian Tribes and Tribal orga- been assigned a national provider identifier dividual residents; and
nizations. number by the Secretary and has executed (C) operational issues or other barriers to
(C) SUNSET.—The task force shall termi- an agreement to participate in the Medicare ensure timely resident access to the deploy-
nate on December 31, 2022. program established under title XVIII of the ment of such televisitation.
(f) ACHIEVING SAVINGS IN HEALTH CARE Social Security Act (42 U.S.C. 1395 et seq.) or (c) FUNDING.—
PROGRAMS BY REDUCING IMPROPER PRE- the Medicaid program established under title (1) ESTABLISHMENT OF TELEVISITATION
SCRIBING OF CONTROLLED SUBSTANCES.— XIX of such Act (42 U.S.C. 1396 et seq.). FUND.—There is established in the Treasury
(1) IN GENERAL.—Within 120 days of enact- (6) SECRETARY.—The term ‘‘Secretary’’ of the United States a fund, to be known as
ment of this Act and annually thereafter, means the Secretary of Health and Human the ‘‘Televisitation Fund’’ (referred to in
the Secretary shall report all Medicare rev- Services. this section as the ‘‘Fund’’), to be adminis-
ocation actions or preclusion list placements (7) SKILLED NURSING FACILITY.—The term tered by the Secretary.
to the Drug Enforcement Administration ‘‘skilled nursing facility’’ has the meaning (2) TRANSFERS.—Beginning on the date of
that are based totally or in part on the im- given that term in section 1819(a) of the So- enactment of this Act and ending on Sep-
proper prescribing, administering, or dis- cial Security Act (42 U.S.C. 1395i–3(a)). tember 30, 2022, and in a manner consistent
pensing of controlled substances. (8) STATE.—Except as otherwise provided, with section 3302(b) of title 31, there shall be
(2) DEFINITIONS.—The terms used in this the term ‘‘State’’ has the meaning given transferred to the Fund from the General
subsection shall have the meaning given such term for purposes of title XIX of the So- Fund of the Treasury, an amount that is not
such terms in section 102 of the Controlled cial Security Act (42 U.S.C. 1396 et seq.). less than—
Substances Act (42 U.S.C. 802). For purposes (A) $50,000,000, if such sums are appro-
of paragraph (1), the ‘‘improper prescribing, SA 2629. Mr. GRASSLEY (for him- priated by Congress for the Telehealth Re-
administering, or dispensing of controlled source Center of the Federal Office of Rural
substances’’ includes doing so in any of the self, Mr. DAINES, and Ms. MCSALLY) Health Policy of the Office for the Advance-
following respects: submitted an amendment intended to ment of Telehealth to promote the develop-
(A) In excessive quantities. be proposed by him to the bill S. 178, to ment of televisitation for participating pro-
(B) For other than a legitimate medical condemn gross human rights violations viders, which shall remain available through
purpose or outside the usual course of profes- of ethnic Turkic Muslims in Xinjiang, September 30, 2021; or
sional practice. and calling for an end to arbitrary de- (B) in the event that appropriated funds
(C) Beyond the scope of the practitioner’s tention, torture, and harassment of are not available under subparagraph (A), 30
DEA registration. percent of the amount of assessments col-
(D) In any other manner not permitted by
these communities inside and outside lected under section 1128A of the Social Se-
the Controlled Substances Act (21 U.S.C. 801 China; which was ordered to lie on the curity Act (42 U.S.C. 1320a–7a), which shall
et. seq.). table; as follows: remain available until expended.
(3) ACCESS TO EVIDENCE.—When making the At the appropriate place, insert the fol- (3) USE OF FUNDS.—
reports required under paragraph (1), the lowing: (A) IN GENERAL.—From amounts in the
Secretary shall provide the Drug Enforce- SEC. ll. PROMOTING QUALITY OF LIFE FOR Fund, in addition to any other amounts
ment Administration with any relevant RESIDENTS OF LONG-TERM CARE available, and without further appropriation,
records or other evidence that Drug Enforce- FACILITIES DURING THE COVID–19 the Secretary shall, during each of fiscal
ment Administration requests for purposes EMERGENCY PERIOD. years 2020 and 2021, use amounts available in
of carrying out its functions under the Con- (a) IN GENERAL.—Sections 1819(c)(3) and the Fund to award televisitation grants to
trolled Substances Act. The Drug Enforce- 1919(c)(3) of the Social Security Act (42 participating providers and, to the extent ap-
ment Administration may use any such in- U.S.C. 1395i–3(c)(3), 1396r(c)(3)) are each propriated funding is available, other long-
formation or other evidence provided by the amended— term care facilities designated by the Sec-
Secretary for the purposes of any criminal, (1) in subparagraph (D), by striking ‘‘and’’ retary to receive such grants. The Secretary
civil, or administrative proceeding arising at the end; shall use amounts in the Fund only to sup-
out the Controlled Substances Act. (2) in subparagraph (E), by striking the pe- plement the funds that would, in the absence
(g) FUNDING.— riod and inserting ‘‘; and’’; and of such Federal funds, be made available
(1) CARES ACT.—-The Secretary may use (3) by adding at the end the following new from other Federal, State, and local sources
amounts appropriated for COVID–19 response subparagraph: to promote televisitation, and not to sup-
and related activities pursuant to the ‘‘(F) provide for the use by residents of a plant such funds.
CARES Act (Public Law 116–136) and subse- telecommunications device and the Internet, (B) GRANTS.—Of the amounts in the Fund
quently enacted legislation to carry out this including assistance from facility staff in used under subparagraph (A), not less than
section and the amendments made by this the use of such technology, if necessary or $25,000,000, if such amounts are available in
section. requested by the resident or the resident’s the Fund during fiscal year 2020 or 2021, shall
(2) PREVENTION AND PUBLIC HEALTH FUND.— representative, or the long-term care om- be used for grants to address technical, serv-
The Secretary may use amounts in the Pre- budsman of a State, to support telecommuni- ice delivery, operational, or other related
vention and Public Health Fund, established cation during the emergency period de- barriers to the timely deployment of tele-
under section 4002 of the Patient Protection scribed in section 1135(g)(1)(B)(relating to visitation in participating providers, includ-
and Affordable Care Act of 2010, to carry out the 2019 Novel Coronavirus), such as audio, ing with respect to addressing inadequate ac-
this section and the amendments made by visual, text communication, video- cess to broadband and necessary staff to fa-
this section, including by providing financial conference, and two-way audio/video options, cilitate the use of televisitation, tele-
assistance to participating providers as ap- by residents of such facility with family communications devices, or other items or
propriate for implementation of the require- members and other individuals.’’. services as necessary to implement such
ments of this section and the amendments (b) ACCESS DURING THE COVID–19 PUBLIC televisitation.
made by this section. HEALTH EMERGENCY PERIOD.— (d) DEFINITIONS.—In this section:
(h) DEFINITIONS.—In this section: (1) LONG-TERM CARE FACILITIES.—Not later (1) COVID–19 PUBLIC HEALTH EMERGENCY PE-
(1) COVID–19.—The term ‘‘COVID–19’’ than 30 days after the date of enactment of RIOD.—The term ‘‘COVID–19 public health
means the 2019 Novel Coronavirus or 2019- this Act, the Secretary shall take steps nec- emergency period’’ means the period begin-
nCoV. essary to ensure that the residents of each ning on the first day of the emergency period
(2) COVID–19 PUBLIC HEALTH EMERGENCY PE- participating provider and of other long- defined in paragraph (1)(B) of section 1135(g)
RIOD.—The term ‘‘COVID–19 public health term care facilities designated by the Sec- of the Social Security Act (42 U.S.C. 1320b-
emergency period’’ means the period begin- retary have access to the devices, Internet, 5(g)) and ending on the last day of the cal-
SSpencer on DSK126QN23PROD with SENATE
ning on the first day of the emergency period and assistance necessary to support the tele- endar quarter in which the last day of such
defined in paragraph (1)(B) of section 1135(g) visitation practices described in sections emergency period occurs.
of the Social Security Act (42 U.S.C. 1320b- 1819(c)(3)(F) and 1919(c)(3)(F) of the Social (2) LONG-TERM CARE FACILITY.—The term
5(g)) and ending on the last day of the cal- Security Act, as added by subsection (a), ‘‘long-term care facility’’ has the meaning
endar quarter in which the last day of such during the COVID–19 public health emer- given that term in section 2011(15) of the So-
emergency period occurs. gency period. cial Security Act (42 U.S.C. 1397j(15)).
(3) LONG-TERM CARE FACILITY.—The term (2) NOTIFICATION REQUIREMENTS.—In car- (3) NURSING FACILITY.—The term ‘‘nursing
‘‘long-term care facility’’ has the meaning rying out the amendments made by sub- facility’’ has the meaning given that term in
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