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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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Cite this document

“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/, SHA-256 b641789a4b1db0ce4be4285bf8a5fa5372ca829e54cffe24a4812dc2f6646ba4.

Full text

                                               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)




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                                               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-




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                                               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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