Congressional Record, Senate, August 6, 2020, Page S5326
Summary
A page of the Congressional Record, Senate, dated August 6, 2020, at page S5326, made up of amendment text on nursing facilities. It defines a participating provider as a skilled nursing facility or nursing facility with an agreement to participate in Medicare or Medicaid, requires the Secretary to develop a plan for providers to resume electronically submitting direct care staffing data, and sets requirements for collecting and reporting COVID-19 data. The text also provides for strike teams with letters of authorization and secretarial oversight, and ends with a reinstatement of Federal Pell Grant eligibility.
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“Congressional Record, Senate, August 6, 2020, Page S5326.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-08-06-crec-2020-08-06-pt1-pgs5326-8b96a98127/
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S5326 CONGRESSIONAL RECORD — SENATE August 6, 2020
section 1919(a) of the Social Security Act (42 formation shared with such individuals by a carrying out this subsection during the
U.S.C. 1396r(a)). participating provider; and COVID–19 public health emergency period.
(4) PARTICIPATING PROVIDER.—The term (vi) the required security background (c) PROMOTING TRANSPARENCY IN COVID–19
‘‘participating provider’’ means a skilled checks that the individual has passed. REPORTING BY NURSING FACILITIES AND LONG-
nursing facility or a nursing facility that has (C) SECRETARIAL OVERSIGHT.—The Sec- TERM CARE FACILITIES.—
been assigned a national provider identifier retary may, at any time, disband any strike (1) COLLECTION AND REPORTING OF STAFFING
number by the Secretary and has executed team and rescind the letter of authorization DATA BY NURSING FACILITIES DURING COVID–19
an agreement to participate in the Medicare for any team member. EMERGENCY PERIOD.—The Secretary shall de-
program established under title XVIII of the (D) TEAM AND MEMBER AUTHORITY.—A team velop a plan for ensuring that participating
Social Security Act (42 U.S.C. 1395 et seq.) or and team member may not use the letter of providers resume compliance with the re-
the Medicaid program established under title authorization described in subparagraph (B) quirement, under section 1128I(g) of the So-
XIX of such Act (42 U.S.C. 1396 et seq.). for any purpose except in connection with cial Security Act (42 U.S.C. 1320a–7j(g)), to
(5) SECRETARY.—The term ‘‘Secretary’’ the team’s mission of acting in good faith to electronically submit direct care staffing in-
means the Secretary of Health and Human promote resident and employee safety in formation based on payroll and other
Services. participating providers in which COVID–19 is auditable data (including measures to ensure
(6) SKILLED NURSING FACILITY.—The term confirmed to be present. that the submitted data includes direct care
‘‘skilled nursing facility’’ has the meaning (E) ADMINISTRATION.—The Secretary, in staffing information for the entire duration
given that term in section 1819(a) of the So- consultation with the Director of the Cen- of the COVID–19 emergency period).
cial Security Act (42 U.S.C. 1395i–3(a)). ters for Disease Control and Prevention, may (2) COLLECTION AND REPORTING OF DATA RE-
(7) STATE.—Except as otherwise provided, establish protocols and procedures for re- LATED TO COVID–19 BY NURSING FACILITIES DUR-
the term ‘‘State’’ has the meaning given questing the assistance of a strike team es- ING COVID–19 EMERGENCY PERIOD.—The Sec-
such term for purposes of title XIX of the So- tablished under this subsection and any retary shall ensure that participating pro-
cial Security Act (42 U.S.C. 1396 et seq.). other procedures deemed necessary for the viders and long-term care facilities report all
(8) TELEVISITATION.—The term ‘‘televisita- team’s operation. suspected and confirmed cases of COVID–19
tion’’ means telecommunication, including (F) SUPPLEMENTATION OF OTHER RESPONSE among personnel and residents of the pro-
but not limited to audio, visual, text com- EFFORTS.—Strike teams established by the vider or facility, all COVID–19-related fatali-
munication, video conference, and two-way Secretary under this subsection shall supple- ties among personnel and residents of the
audio/video options, by residents of a partici- ment and not supplant response efforts car- provider or facility, and all fatalities among
pating provider with other individuals. ried out by a State strike team or a tech- personnel and residents of the provider or fa-
nical assistance team established by the Sec- cility, whether related to COVID–19 or unre-
SA 2630. Mr. GRASSLEY submitted retary during the COVID-19 public health lated to COVID–19, for the period beginning
an amendment intended to be proposed emergency period. on January 1, 2020, to the Secretary.
to amendment SA 2499 proposed by Mr. (b) PROMOTING COVID–19 TESTING AND IN- (3) REPORTING OF NURSING FACILITY DATA
MCCONNELL to the bill S. 178, to con- FECTION CONTROL IN NURSING FACILITIES.— RELATED TO COVID–19 BY THE SECRETARY.—Not
demn gross human rights violations of (1) NURSING HOME PROTECTIONS.—The Sec- later than 10 days after the date of enact-
ethnic Turkic Muslims in Xinjiang, and retary, in consultation with the Elder Jus- ment of this Act, and at least weekly there-
tice Coordinating Council established under after during the COVID–19 public health
calling for an end to arbitrary deten- emergency period, the Secretary shall pro-
section 2021 of the Social Security Act (42
tion, torture, and harassment of these U.S.C. 1397k), is authorized during the vide the Governor of each State with a list of
communities inside and outside China; COVID–19 public health emergency period to all participating providers in the State with
which was ordered to lie on the table; enhance efforts by participating providers to respect to which the reported cases of
as follows: respond to COVID–19, including through— COVID–19 in visitors to, personnel of, and
At the appropriate place, insert the fol- (A) development of online training courses residents of, such providers increased during
lowing: for personnel of participating providers, sur- the previous week (or, in the case of the first
SEC. ll. EMERGENCY SUPPORT AND COVID–19 vey agencies, the long-term care ombudsman such list, during the 10-day period beginning
PROTECTIONS FOR NURSING of each State, and other individuals to facili- on the date of enactment of this Act).
HOMES. tate the implementation of paragraph (2); (4) CONFIDENTIALITY.—Any information re-
(a) ESTABLISHING COVID–19 STRIKE TEAMS (B) enhanced diagnostic testing of visitors ported under this subsection that is made
FOR NURSING FACILITIES.— to, personnel of, and residents of, partici- available to the public shall be made so
(1) IN GENERAL.—The Secretary is author- pating providers in which measures of available in a manner that protects the iden-
ized to establish and support the operation of COVID–19 in the community support more tity of residents of participating providers
strike teams comprised of individuals with frequent testing for COVID–19; and long-term care facilities.
relevant skills, qualifications, and experi- (C) development of training materials for (d) EXTENDING ELDER JUSTICE ACT PROTEC-
ence to respond to COVID–19-related crises in personnel of participating providers, the TIONS DURING THE COVID–19 EMERGENCY PE-
participating providers during the COVID–19 long-term care ombudsman of each State, RIOD.—
public health emergency period, based on and representatives and family members of (1) LONG-TERM CARE OMBUDSMAN PROGRAM
data reported by such providers to the Cen- residents; and GRANTS AND TRAINING.—Section 2043 of the
ters for Disease Control and Prevention. (D) providing support to participating pro- Social Security Act (42 U.S.C. 1397m–2) is
(2) MISSION AND COMPOSITION OF STRIKE viders in areas deemed by the Secretary to amended—
TEAMS.— require additional assistance due to the pres- (A) in subsection (a)—
(A) IN GENERAL.—Strike teams established ence COVID–19 infections. (i) in paragraph (1)(A), by inserting ‘‘(in-
by the Secretary may include assessment, (2) TRAINING ON BEST PRACTICES IN INFEC- cluding during the emergency period de-
testing, and clinical teams, and a mission for TION CONTROL AND PREVENTION.— scribed in section 1135(g)(1)(B), from amounts
each such team may include performing (A) IN GENERAL.—The Secretary shall de- made available with respect to such period in
medical examinations, conducting COVID–19 velop training courses on infection control accordance with paragraph (2)(D))’’ before
testing, and assisting participating providers and prevention, including cohorting, strate- the semicolon; and
with the implementation of infection control gies and use of telehealth to mitigate the (ii) in paragraph (2)—
practices (such as quarantine, isolation, or transmission of COVID–19 in participating (iii) in subparagraph (B), by striking ‘‘and’’
disinfection procedures). providers during the COVID–19 public health after the semicolon;
(B) LETTER OF AUTHORIZATION.—Strike emergency period. (iv) in subparagraph (C), by striking the
teams and members of such teams shall be (B) DEVELOPMENT.—To the extent prac- period at the end and inserting a semicolon;
subject to the Secretary’s oversight and di- ticable, the training programs developed by and
rection and the Secretary may issue a letter the Secretary under this subsection shall use (v) by adding at the end the following:
of authorization to team members describ- best practices in infection control and pre- ‘‘(D) for the emergency period described in
ing— vention. section 1135(g)(1)(B), $12,000,000.’’;
(i) the individual’s designation to serve on (C) COORDINATION WITH OTHER FEDERAL EN- (B) in subsection (b)—
1 or more teams under an emergency procla- TITIES.—The Secretary shall seek input as (i) in paragraph (1), by inserting ‘‘(includ-
mation by the Secretary; appropriate on the training courses devel- ing during the emergency period described in
(ii) the mission of the team; oped under this subsection from the Elder section 1135(g)(1)(B), from amounts made
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(iii) the authority of the individual to per- Justice Coordinating Council and the Direc- available with respect to such period in ac-
form the team mission; tor of the Centers for Disease Control and cordance with paragraph (2))’’ before the pe-
(iv) the individual’s authority to access Prevention. riod; and
places, persons, and materials necessary for (D) INTERACTIVE WEBSITE.—The Secretary (ii) in paragraph (2), by inserting before the
the team member’s performance of the is authorized to create an interactive period the following: ‘‘, and for the emer-
team’s mission; website to disseminate training materials gency period described in section
(v) the requirement that team members and related information in the areas of infec- 1135(g)(1)(B), $12,000,000’’.
maintain the confidentiality of patient in- tion control and prevention, for purposes of (2) ELDER JUSTICE COORDINATING COUNCIL.—
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August 6, 2020 CONGRESSIONAL RECORD — SENATE S5327
(A) MEMBERSHIP.—Section 2021(b)(1) of the in psychotropic drug usage, infection preven- this section, including by providing financial
Social Security Act (42 U.S.C. 1397k(b)(1)) is tion and control deficiencies, hospitalization assistance to participating providers as ap-
amended— rates, infectious disease rates, injury rates, propriate for implementation of the require-
(i) by redesignating subparagraph (C) as abuse rates, neglect rates, fatality rates, and ments of this section and the amendments
subparagraph (D); and any additional areas, as determined by the made by this section.
(ii) by inserting after subparagraph (B), the task force based on available public health (h) DEFINITIONS.—In this section:
following: data (or, if no such data are available, on the (1) COVID–19.—The term ‘‘COVID–19’’
‘‘(C) The Administrator of the Federal basis of such other publicly available data or means the 2019 Novel Coronavirus or 2019-
Emergency Management Agency.’’. information as the task force may deter- nCoV.
(B) DUTIES.—Section 2021(f)(1) of such Act mine); (2) COVID–19 PUBLIC HEALTH EMERGENCY PE-
(42 U.S.C. 1397k(f)(1)) is amended by inserting (iii) the identification of factors, including RIOD.—The term ‘‘COVID–19 public health
‘‘the Federal Emergency Management Agen- Federal and State policies, that have con- emergency period’’ means the period begin-
cy,’’ after ‘‘Justice,’’. tributed to racial or ethnic health disparities ning on the first day of the emergency period
(3) ADULT PROTECTIVE SERVICES FUNCTIONS in resident outcomes in participating pro- defined in paragraph (1)(B) of section 1135(g)
AND GRANT PROGRAMS.—Section 2042 of the viders, and actions Congress (and if appro- of the Social Security Act (42 U.S.C. 1320b-
Social Security Act (42 U.S.C. 1397m–1) is priate, other entities) can take to address 5(g)) and ending on the last day of the cal-
amended— these factors; and endar quarter in which the last day of such
(A) in subsection (a)(2), by inserting ‘‘, and (iv) recommendations for best practices to emergency period occurs.
$5,000,000 for the emergency period described promote improvements in participating pro- (3) LONG-TERM CARE FACILITY.—The term
in section 1135(g)(1)(B)’’ after ‘‘2014’’; viders evidencing racial or ethnic disparities ‘‘long-term care facility’’ has the meaning
(B) in subsection (b)(5), by inserting ‘‘, and in psychotropic drug usage, infection preven- given that term in section 2011(15) of the So-
$150,000,000 for the emergency period de- tion and control deficiencies, hospitalization cial Security Act (42 U.S.C. 1397j(15)).
scribed in section 1135(g)(1)(B)’’ after ‘‘2014’’; rates, infectious disease rates, injury rates, (4) NURSING FACILITY.—The term ‘‘nursing
and abuse and neglect rates, fatality rates, or facility’’ has the meaning given that term in
(C) in subsection (c)(6), by inserting ‘‘, and any additional areas determined by the task section 1919(a) of the Social Security Act (42
$30,000,000 for the emergency period described force. U.S.C. 1396r(a)).
in section 1135(g)(1)(B)’’ after ‘‘2014’’. (B) CONSULTATION WITH INDIAN TRIBES.—In (5) PARTICIPATING PROVIDER.—The term
(4) TECHNICAL AMENDMENT.—Section submitting reports and recommendations ‘‘participating provider’’ means a skilled
2011(12)(A) of the Social Security Act (42 under this paragraph, the task force shall nursing facility or a nursing facility that has
U.S.C. 1397j(12)(A)) is amended by striking consult with Indian Tribes and Tribal orga- been assigned a national provider identifier
‘‘450b’’ and inserting ‘‘5304’’. nizations. number by the Secretary and has executed
(e) REDUCING RACIAL DISPARITIES IN NURS- (C) SUNSET.—The task force shall termi- an agreement to participate in the Medicare
ING FACILITIES DURING THE COVID–19 EMER- nate on December 31, 2022. program established under title XVIII of the
GENCY.— (f) ACHIEVING SAVINGS IN HEALTH CARE Social Security Act (42 U.S.C. 1395 et seq.) or
(1) TASK FORCE.—The Secretary shall es- PROGRAMS BY REDUCING IMPROPER PRE- the Medicaid program established under title
tablish a task force, to be known as the SCRIBING OF CONTROLLED SUBSTANCES.—
XIX of such Act (42 U.S.C. 1396 et seq.).
‘‘Ethnic and Racial Disparities in Nursing (1) IN GENERAL.—Within 120 days of enact-
(6) SECRETARY.—The term ‘‘Secretary’’
Facilities Task Force’’ (referred to in this ment of this Act and annually thereafter,
means the Secretary of Health and Human
subsection as the ‘‘task force’’), to gather the Secretary shall report all Medicare rev-
Services.
data on racial and ethnic disparities in par- ocation actions or preclusion list placements
(7) SKILLED NURSING FACILITY.—The term
ticipating providers during the COVID-19 to the Drug Enforcement Administration
‘‘skilled nursing facility’’ has the meaning
public health emergency period and provide that are based totally or in part on the im-
given that term in section 1819(a) of the So-
recommendations to Federal, State, local, proper prescribing, administering, or dis-
cial Security Act (42 U.S.C. 1395i–3(a)).
and Tribal policymakers on ways to reduce pensing of controlled substances.
(8) STATE.—Except as otherwise provided,
such disparities. (2) DEFINITIONS.—The terms used in this
(2) MEMBERSHIP.—The task force shall be the term ‘‘State’’ has the meaning given
subsection shall have the meaning given
composed of the Secretary, the Surgeon Gen- such term for purposes of title XIX of the So-
such terms in section 102 of the Controlled
eral, other Federal, State, and local govern- cial Security Act (42 U.S.C. 1396 et seq.).
Substances Act (42 U.S.C. 802). For purposes
ment officials, and individuals appointed by of paragraph (1), the ‘‘improper prescribing, SA 2631. Ms. COLLINS submitted an
the Secretary with firsthand knowledge of, administering, or dispensing of controlled
or expertise relating to, disparities in access substances’’ includes doing so in any of the
amendment intended to be proposed to
to quality care for residents of participating following respects: amendment SA 2542 submitted by Mr.
providers who are members of racial or eth- (A) In excessive quantities. CRAPO and intended to be proposed to
nic minority groups. In appointing such indi- (B) For other than a legitimate medical the amendment SA 2499 proposed by
viduals, the Secretary shall ensure the indi- purpose or outside the usual course of profes- Mr. MCCONNELL to the bill S. 178, to
viduals appointed provide ample representa- sional practice. condemn gross human rights violations
tion with respect to the demographics of (C) Beyond the scope of the practitioner’s of ethnic Turkic Muslims in Xinjiang,
residents and caregivers of such partici- DEA registration. and calling for an end to arbitrary de-
pating providers, particularly with respect (D) In any other manner not permitted by
to residents and caregivers of such facilities
tention, torture, and harassment of
the Controlled Substances Act (21 U.S.C. 801
who are members of racial or ethnic minor- et. seq.).
these communities inside and outside
ity groups. (3) ACCESS TO EVIDENCE.—When making the China; which was ordered to lie on the
(3) ADMINISTRATION.— reports required under paragraph (1), the table; as follows:
(A) CHAIRPERSON.—The Secretary shall Secretary shall provide the Drug Enforce- On page 4, strike line 1 and all that follows
serve as the chairperson of the task force. ment Administration with any relevant through page 5, line 23.
The Surgeon General shall serve as the vice records or other evidence that Drug Enforce-
chairperson. ment Administration requests for purposes SA 2632. Mr. CRAMER submitted an
(B) STAFF.—The task force shall have 2 of carrying out its functions under the Con- amendment intended to be proposed by
full-time staff members. trolled Substances Act. The Drug Enforce- him to the bill S. 178, to condemn gross
(C) MEETINGS.—The task force shall con- ment Administration may use any such in- human rights violations of ethnic
vene at least monthly, with the first meeting formation or other evidence provided by the Turkic Muslims in Xinjiang, and call-
to occur within 60 days after the enactment Secretary for the purposes of any criminal, ing for an end to arbitrary detention,
of this Act. civil, or administrative proceeding arising
(4) REPORTING AND RECOMMENDATIONS.—
torture, and harassment of these com-
out the Controlled Substances Act.
(A) MONTHLY REPORTS.—Not later than 45 (g) FUNDING.— munities inside and outside China;
days after the 1st meeting of the task force, (1) CARES ACT.—-The Secretary may use which was ordered to lie on the table;
and monthly thereafter, the task force shall amounts appropriated for COVID–19 response as follows:
submit to Congress and the Federal Emer- and related activities pursuant to the At the appropriate place, insert the fol-
gency Management Agency a report that in- CARES Act (Public Law 116–136) and subse- lowing:
cludes— quently enacted legislation to carry out this SEC. ll. REAL ACT OF 2020.
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(i) recommended methodologies for im- section and the amendments made by this (a) SHORT TITLE.—This section may be
proving Federal data collection on resident section. cited as the ‘‘Restoring Education And
outcomes in participating providers with dis- (2) PREVENTION AND PUBLIC HEALTH FUND.— Learning Act of 2020’’ or the ‘‘REAL Act of
proportionately high rates of admission of The Secretary may use amounts in the Pre- 2020’’.
individuals who are members of racial or vention and Public Health Fund, established (b) REINSTATEMENT OF FEDERAL PELL
ethnic minority groups; under section 4002 of the Patient Protection GRANT ELIGIBILITY.—Section 401(b) of the
(ii) the identification of participating pro- and Affordable Care Act of 2010, to carry out Higher Education Act of 1965 (20 U.S.C.
viders evidencing racial or ethnic disparities this section and the amendments made by 1070a(b)) is amended—
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