Amendment SA 2640 to S. 178 on COVID–19 Protections for Nursing Homes — Congressional Record, Senate
Summary
This is page S5334 of the Congressional Record, Senate, August 6, 2020, with interleaved columns, printing SA 2640, submitted by Mr. Grassley as an amendment to the bill S. 178 on emergency support and COVID protections for nursing homes. It authorizes the Secretary to set up strike teams, develop online infection control training for providers, and require reporting of COVID cases and fatalities among personnel and residents. It also directs a plan for providers to resume electronic submission of direct care staffing data. Funding provisions appropriate $729,000,000 for the Nuclear Regulatory Commission and $11,000,000 for its Office of Inspector General.
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“Amendment SA 2640 to S. 178 on COVID–19 Protections for Nursing Homes — Congressional Record, Senate.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-08-06-crec-2020-08-06-pt1-pgs5334-5d5285c2cc/
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S5334 CONGRESSIONAL RECORD — SENATE August 6, 2020
(1) IN GENERAL.—Of the amounts appro- of authorization to team members describ- best practices in infection control and pre-
priated for the Nuclear Regulatory Commis- ing— vention.
sion for fiscal year 2020 in the Further Con- (i) the individual’s designation to serve on (C) COORDINATION WITH OTHER FEDERAL EN-
solidated Appropriations Act, 2020 (Public 1 or more teams under an emergency procla- TITIES.—The Secretary shall seek input as
Law 116–94; 133 Stat. 2534), the amount de- mation by the Secretary; appropriate on the training courses devel-
scribed in paragraph (2) is designated by Con- (ii) the mission of the team; oped under this subsection from the Elder
gress as being for an emergency requirement (iii) the authority of the individual to per- Justice Coordinating Council and the Direc-
pursuant to section 251(b)(2)(A)(i) of the Bal- form the team mission; tor of the Centers for Disease Control and
anced Budget and Emergency Deficit Control (iv) the individual’s authority to access Prevention.
Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)). places, persons, and materials necessary for (D) INTERACTIVE WEBSITE.—The Secretary
(2) AMOUNT DESCRIBED.—The amount re- the team member’s performance of the is authorized to create an interactive
ferred to in paragraph (1) is the difference be- team’s mission; website to disseminate training materials
tween— (v) the requirement that team members and related information in the areas of infec-
(A) $728,054,000; and maintain the confidentiality of patient in- tion control and prevention, for purposes of
(B) the total amount of revenues described formation shared with such individuals by a carrying out this subsection during the
in subsection (a) received by the Nuclear participating provider; and COVID–19 public health emergency period.
Regulatory Commission prior to March 31, (vi) the required security background (c) PROMOTING TRANSPARENCY IN COVID–19
2020. checks that the individual has passed. REPORTING BY NURSING FACILITIES AND LONG-
(c) ADDITIONAL APPROPRIATIONS.— (C) SECRETARIAL OVERSIGHT.—The Sec- TERM CARE FACILITIES.—
(1) IN GENERAL.—There is appropriated, out retary may, at any time, disband any strike (1) COLLECTION AND REPORTING OF STAFFING
of amounts in the Treasury not otherwise team and rescind the letter of authorization DATA BY NURSING FACILITIES DURING COVID–19
appropriated, for the fiscal year ending Sep- for any team member. EMERGENCY PERIOD.—The Secretary shall de-
tember 30, 2021— (D) TEAM AND MEMBER AUTHORITY.—A team velop a plan for ensuring that participating
(A) for an additional amount under the and team member may not use the letter of providers resume compliance with the re-
heading ‘‘Nuclear Regulatory Commission— authorization described in subparagraph (B) quirement, under section 1128I(g) of the So-
Salaries and Expenses’’, $729,000,000, to be- for any purpose except in connection with cial Security Act (42 U.S.C. 1320a–7j(g)), to
come available on October 1, 2020, and to re- the team’s mission of acting in good faith to electronically submit direct care staffing in-
main available until expended; and promote resident and employee safety in formation based on payroll and other
(B) for an additional amount under the participating providers in which COVID–19 is auditable data (including measures to ensure
heading ‘‘Nuclear Regulatory Commission— confirmed to be present. that the submitted data includes direct care
Office of Inspector General’’, $11,000,000, to (E) ADMINISTRATION.—The Secretary, in staffing information for the entire duration
become available on October 1, 2020, and to consultation with the Director of the Cen- of the COVID–19 emergency period).
remain available until September 30, 2022. ters for Disease Control and Prevention, may (2) COLLECTION AND REPORTING OF DATA RE-
(2) LIMITATION.—The Nuclear Regulatory establish protocols and procedures for re- LATED TO COVID–19 BY NURSING FACILITIES DUR-
Commission shall not collect fees during fis- questing the assistance of a strike team es- ING COVID–19 EMERGENCY PERIOD.—The Sec-
cal year 2021 for licensing, inspection serv- tablished under this subsection and any retary shall ensure that participating pro-
ices, or other services and collections. other procedures deemed necessary for the viders and long-term care facilities report all
(3) EMERGENCY DESIGNATION.— The team’s operation. suspected and confirmed cases of COVID–19
amounts made available under paragraph (1) (F) SUPPLEMENTATION OF OTHER RESPONSE among personnel and residents of the pro-
are designated by Congress as being for an EFFORTS.—Strike teams established by the vider or facility, all COVID–19-related fatali-
emergency requirement pursuant to section Secretary under this subsection shall supple- ties among personnel and residents of the
251(b)(2)(A)(i) of the Balanced Budget and ment and not supplant response efforts car- provider or facility, and all fatalities among
Emergency Deficit Control Act of 1985 (2 ried out by a State strike team or a tech- personnel and residents of the provider or fa-
U.S.C. 901(b)(2)(A)(i)). nical assistance team established by the Sec- cility, whether related to COVID–19 or unre-
retary during the COVID-19 public health lated to COVID–19, for the period beginning
SA 2640. Mr. GRASSLEY submitted emergency period. on January 1, 2020, to the Secretary.
an amendment intended to be proposed (b) PROMOTING COVID–19 TESTING AND IN- (3) REPORTING OF NURSING FACILITY DATA
by him to the bill S. 178, to condemn FECTION CONTROL IN NURSING FACILITIES.— RELATED TO COVID–19 BY THE SECRETARY.—Not
gross human rights violations of ethnic (1) NURSING HOME PROTECTIONS.—The Sec- later than 10 days after the date of enact-
Turkic Muslims in Xinjiang, and call- 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
ing for an end to arbitrary detention,
section 2021 of the Social Security Act (42 emergency period, the Secretary shall pro-
torture, and harassment of these com- vide the Governor of each State with a list of
U.S.C. 1397k), is authorized during the
munities 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
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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:
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August 6, 2020 CONGRESSIONAL RECORD — SENATE S5335
‘‘(D) for the emergency period described in chairperson of the task force. The Director (2) DEFINITIONS.—The terms used in this
section 1135(g)(1)(B), $12,000,000.’’; of the Department’s Office of Minority subsection shall have the meaning given
(B) in subsection (b)— Health shall serve as the vice chairperson. such terms in section 102 of the Controlled
(i) in paragraph (1), by inserting ‘‘(includ- (B) STAFF.—The task force shall have at Substances Act (42 U.S.C. 802). For purposes
ing during the emergency period described in least 2 full-time staff members, with diverse of paragraph (1), the ‘‘improper prescribing,
section 1135(g)(1)(B), from amounts made and relevant experience, including, but not administering, or dispensing of controlled
available with respect to such period in ac- limited to academic, community, govern- substances’’ includes doing so in any of the
cordance with paragraph (2))’’ before the pe- mental, or vocational work. The staff mem- following respects:
riod; and bers, in coordination with the Chairperson (A) In excessive quantities.
(ii) in paragraph (2), by inserting before the and Vice Chairperson shall appoint at least (B) For other than a legitimate medical
period the following: ‘‘, and for the emer- two representatives from the aging commu- purpose or outside the usual course of profes-
gency period described in section nity to serve on the task force in addition to sional practice.
1135(g)(1)(B), $12,000,000’’. at least four representatives providing ample (C) Beyond the scope of the practitioner’s
(2) ELDER JUSTICE COORDINATING COUNCIL.— representation with respect to the demo- DEA registration.
(A) MEMBERSHIP.—Section 2021(b)(1) of the graphics of residents and caregivers of all (D) In any other manner not permitted by
Social Security Act (42 U.S.C. 1397k(b)(1)) is long-term care facilities, particularly with the Controlled Substances Act (21 U.S.C. 801
amended— respect to members of racial or ethnic mi- et. seq.).
(i) by redesignating subparagraph (C) as nority groups and communities of color, and (3) ACCESS TO EVIDENCE.—When making the
subparagraph (D); and communities with preexisting health chal- reports required under paragraph (1), the
(ii) by inserting after subparagraph (B), the lenges or difficulties in accessing care. Secretary shall provide the Drug Enforce-
following: (C) MEETINGS.—The task force shall con- ment Administration with any relevant
‘‘(C) The Administrator of the Federal vene at least monthly, with the first meeting records or other evidence that Drug Enforce-
Emergency Management Agency.’’. to occur within 60 days after the enactment ment Administration requests for purposes
(B) DUTIES.—Section 2021(f)(1) of such Act of this Act. of carrying out its functions under the Con-
(42 U.S.C. 1397k(f)(1)) is amended by inserting (4) REPORTING AND RECOMMENDATIONS.— trolled Substances Act. The Drug Enforce-
‘‘the Federal Emergency Management Agen- (A) MONTHLY REPORTS.—Not later than 45 ment Administration may use any such in-
cy,’’ after ‘‘Justice,’’. days after the 1st meeting of the task force, formation or other evidence provided by the
(3) ADULT PROTECTIVE SERVICES FUNCTIONS and monthly thereafter, the task force shall Secretary for the purposes of any criminal,
AND GRANT PROGRAMS.—Section 2042 of the submit to Congress, the Centers for Medicare civil, or administrative proceeding arising
Social Security Act (42 U.S.C. 1397m–1) is and Medicaid, and the Centers for Disease out the Controlled Substances Act.
amended— Control and Prevention a report that in-
(g) FUNDING.—
(A) in subsection (a)(2), by inserting ‘‘, and cludes—
(1) CARES ACT.—-The Secretary may use
$5,000,000 for the emergency period described (i) recommended methodologies for im-
amounts appropriated for COVID–19 response
in section 1135(g)(1)(B)’’ after ‘‘2014’’; proving Federal data collection, including
and related activities pursuant to the
(B) in subsection (b)(5), by inserting ‘‘, and transparent publication of such data and in-
CARES Act (Public Law 116–136) and subse-
$150,000,000 for the emergency period de- formation on resident outcomes in long-term
scribed in section 1135(g)(1)(B)’’ after ‘‘2014’’; care facilities with disproportionately high quently enacted legislation to carry out this
and rates of admission of individuals who are section and the amendments made by this
(C) in subsection (c)(6), by inserting ‘‘, and members of racial or ethnic minority groups; section.
$30,000,000 for the emergency period described (ii) the identification of long-term care fa- (2) PREVENTION AND PUBLIC HEALTH FUND.—
in section 1135(g)(1)(B)’’ after ‘‘2014’’. cilities evidencing racial or ethnic dispari- The Secretary may use amounts in the Pre-
(4) TECHNICAL AMENDMENT.—Section ties in COVID-19 cases and fatalities, psycho- vention and Public Health Fund, established
2011(12)(A) of the Social Security Act (42 tropic drug usage, infection prevention and under section 4002 of the Patient Protection
U.S.C. 1397j(12)(A)) is amended by striking control deficiencies, hospitalization rates, and Affordable Care Act of 2010, to carry out
‘‘450b’’ and inserting ‘‘5304’’. infectious disease rates, injury rates, abuse this section and the amendments made by
(e) ADDRESSING RACIAL AND ETHNIC rates, neglect rates, fatality rates, and any this section, including by providing financial
CORONAVIRUS DISPARITIES IN LONG-TERM additional areas, as determined by the task assistance to participating providers as ap-
CARE FACILITIES.— force based on available public health data propriate for implementation of the require-
(1) TASK FORCE.—The Secretary shall es- (or, if no such data are available, on the ments of this section and the amendments
tablish a task force, to be known as the ‘‘Ra- basis of such other publicly available data or made by this section.
cial and Ethnic Coronavirus Disparities in information as the task force may deter- (h) DEFINITIONS.—In this section:
Long-Term Care Facilities Task Force’’ (re- mine); (1) COVID–19.—The term ‘‘COVID–19’’
ferred to in this section as the ‘‘task force’’), (iii) the identification of factors, including means the 2019 Novel Coronavirus or 2019-
to gather data and information on racial and Federal and State policies, that have con- nCoV.
ethnic disparities in long-term care facili- tributed to health disparities in resident out- (2) COVID–19 PUBLIC HEALTH EMERGENCY PE-
ties, during the public health emergency, comes in long-term care facilities, and ac- RIOD.—The term ‘‘COVID–19 public health
and to provide recommendations to Federal, tions Congress (and if appropriate, other en- emergency period’’ means the period begin-
State, local, and Tribal policymakers on tities) can take to address these factors; and ning on the first day of the emergency period
ways to eliminate health disparities and to (iv) recommendations for best practices to defined in paragraph (1)(B) of section 1135(g)
improve the health of racial and ethnic mi- eliminate health disparities and to improve of the Social Security Act (42 U.S.C. 1320b-
nority populations residing in long-term care the health of racial and ethnic minority pop- 5(g)) and ending on the last day of the cal-
facilities. ulations in long-term care facilities, espe- endar quarter in which the last day of such
(2) MEMBERSHIP.—The task force shall be cially such facilities evidencing racial or emergency period occurs.
composed of the Surgeon General, other Fed- ethnic disparities in COVID-19 cases and fa- (3) LONG-TERM CARE FACILITY.—The term
eral, State, and local government officials, talities, psychotropic drug usage, infection ‘‘long-term care facility’’ has the meaning
and individuals appointed by the Surgeon prevention and control deficiencies, hos- given that term in section 2011(15) of the So-
General with firsthand knowledge of, or ex- pitalization rates, infectious disease rates, cial Security Act (42 U.S.C. 1397j(15)).
pertise relating to, disparities in access to injury rates, abuse and neglect rates, fatal- (4) NURSING FACILITY.—The term ‘‘nursing
quality care for residents of long-term care ity rates, or any additional areas determined facility’’ has the meaning given that term in
facilities who are members of racial or eth- by the task force. section 1919(a) of the Social Security Act (42
nic minority groups. In appointing such indi- (B) CONSULTATION WITH INDIAN TRIBES.—In U.S.C. 1396r(a)).
viduals, the Surgeon General, in consulta- submitting reports and recommendations (5) PARTICIPATING PROVIDER.—The term
tion with the Director of the U.S. Depart- under this subsection, the task force shall ‘‘participating provider’’ means a skilled
ment of Health and Human Services Office of consult with Indian Tribes and Tribal orga- nursing facility or a nursing facility that has
Minority Health, shall ensure the individuals nizations. been assigned a national provider identifier
appointed provide ample representation with (C) SUNSET.—The task force shall termi- number by the Secretary and has executed
respect to the demographics of residents and nate on December 31, 2022. an agreement to participate in the Medicare
caregivers of all long-term care facilities, (f) ACHIEVING SAVINGS IN HEALTH CARE program established under title XVIII of the
during the COVID-19 public health emer- PROGRAMS BY REDUCING IMPROPER PRE- Social Security Act (42 U.S.C. 1395 et seq.) or
gency period particularly with respect to SCRIBING OF CONTROLLED SUBSTANCES.— the Medicaid program established under title
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residents and caregivers of such facilities (1) IN GENERAL.—Within 120 days of enact- XIX of such Act (42 U.S.C. 1396 et seq.).
who are members of racial or ethnic minor- ment of this Act and annually thereafter, (6) SECRETARY.—The term ‘‘Secretary’’
ity groups, communities of color, and com- the Secretary shall report all Medicare rev- means the Secretary of Health and Human
munities with preexisting health challenges ocation actions or preclusion list placements Services.
or difficulties in accessing care. to the Drug Enforcement Administration (7) SKILLED NURSING FACILITY.—The term
(3) ADMINISTRATION.— that are based totally or in part on the im- ‘‘skilled nursing facility’’ has the meaning
(A) CHAIRPERSON AND VICE CHAIRPERSON.— proper prescribing, administering, or dis- given that term in section 1819(a) of the So-
The Surgeon General shall serve as the pensing of controlled substances. cial Security Act (42 U.S.C. 1395i–3(a)).
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S5336 CONGRESSIONAL RECORD — SENATE August 6, 2020
(8) STATE.—Except as otherwise provided, Secretary under this subsection shall supple- provider or facility, and all fatalities among
the term ‘‘State’’ has the meaning given ment and not supplant response efforts car- personnel and residents of the provider or fa-
such term for purposes of title XIX of the So- ried out by a State strike team or a tech- cility, whether related to COVID–19 or unre-
cial Security Act (42 U.S.C. 1396 et seq.). nical assistance team established by the Sec- lated to COVID–19, for the period beginning
retary during the COVID-19 public health on January 1, 2020, to the Secretary.
SA 2641. Mr. GRASSLEY submitted emergency period. (3) REPORTING OF NURSING FACILITY DATA
an amendment intended to be proposed (b) PROMOTING COVID–19 TESTING AND IN- RELATED TO COVID–19 BY THE SECRETARY.—Not
to amendment SA 2499 proposed by Mr. FECTION CONTROL IN NURSING FACILITIES.— later than 10 days after the date of enact-
MCCONNELL to the bill S. 178, to con- (1) NURSING HOME PROTECTIONS.—The Sec- ment of this Act, and at least weekly there-
demn gross human rights violations of retary, in consultation with the Elder Jus- after during the COVID–19 public health
tice Coordinating Council established under emergency period, the Secretary shall pro-
ethnic Turkic Muslims in Xinjiang, and section 2021 of the Social Security Act (42
calling for an end to arbitrary deten- vide the Governor of each State with a list of
U.S.C. 1397k), is authorized during the all participating providers in the State with
tion, torture, and harassment of these COVID–19 public health emergency period to respect to which the reported cases of
communities inside and outside China; enhance efforts by participating providers to COVID–19 in visitors to, personnel of, and
which was ordered to lie on the table; respond to COVID–19, including through— residents of, such providers increased during
as follows: (A) development of online training courses the previous week (or, in the case of the first
At the appropriate place, insert the fol- for personnel of participating providers, sur- such list, during the 10-day period beginning
lowing: vey agencies, the long-term care ombudsman on the date of enactment of this Act).
SEC. ll. EMERGENCY SUPPORT AND COVID–19 of each State, and other individuals to facili- (4) CONFIDENTIALITY.—Any information re-
PROTECTIONS FOR NURSING tate the implementation of paragraph (2); ported under this subsection that is made
HOMES. (B) enhanced diagnostic testing of visitors available to the public shall be made so
(a) ESTABLISHING COVID–19 STRIKE TEAMS to, personnel of, and residents of, partici- available in a manner that protects the iden-
FOR NURSING FACILITIES.— pating providers in which measures of tity of residents of participating providers
(1) IN GENERAL.—The Secretary is author- COVID–19 in the community support more and long-term care facilities.
ized to establish and support the operation of frequent testing for COVID–19;
strike teams comprised of individuals with (C) development of training materials for (d) EXTENDING ELDER JUSTICE ACT PROTEC-
personnel of participating providers, the TIONS DURING THE COVID–19 EMERGENCY PE-
relevant skills, qualifications, and experi-
long-term care ombudsman of each State, RIOD.—
ence to respond to COVID–19-related crises in
participating providers during the COVID–19 and representatives and family members of (1) LONG-TERM CARE OMBUDSMAN PROGRAM
public health emergency period, based on residents; and GRANTS AND TRAINING.—Section 2043 of the
data reported by such providers to the Cen- (D) providing support to participating pro- Social Security Act (42 U.S.C. 1397m–2) is
ters for Disease Control and Prevention. viders in areas deemed by the Secretary to amended—
(2) MISSION AND COMPOSITION OF STRIKE require additional assistance due to the pres- (A) in subsection (a)—
TEAMS.— ence COVID–19 infections. (i) in paragraph (1)(A), by inserting ‘‘(in-
(A) IN GENERAL.—Strike teams established (2) TRAINING ON BEST PRACTICES IN INFEC- cluding during the emergency period de-
by the Secretary may include assessment, TION CONTROL AND PREVENTION.— scribed in section 1135(g)(1)(B), from amounts
testing, and clinical teams, and a mission for (A) IN GENERAL.—The Secretary shall de- made available with respect to such period in
each such team may include performing velop training courses on infection control accordance with paragraph (2)(D))’’ before
medical examinations, conducting COVID–19 and prevention, including cohorting, strate- the semicolon; and
testing, and assisting participating providers gies and use of telehealth to mitigate the (ii) in paragraph (2)—
with the implementation of infection control transmission of COVID–19 in participating (iii) in subparagraph (B), by striking ‘‘and’’
practices (such as quarantine, isolation, or providers during the COVID–19 public health after the semicolon;
disinfection procedures). emergency period. (iv) in subparagraph (C), by striking the
(B) LETTER OF AUTHORIZATION.—Strike (B) DEVELOPMENT.—To the extent prac- period at the end and inserting a semicolon;
teams and members of such teams shall be ticable, the training programs developed by and
subject to the Secretary’s oversight and di- the Secretary under this subsection shall use (v) by adding at the end the following:
rection and the Secretary may issue a letter best practices in infection control and pre- ‘‘(D) for the emergency period described in
of authorization to team members describ- vention. section 1135(g)(1)(B), $12,000,000.’’;
ing— (C) COORDINATION WITH OTHER FEDERAL EN- (B) in subsection (b)—
(i) the individual’s designation to serve on TITIES.—The Secretary shall seek input as (i) in paragraph (1), by inserting ‘‘(includ-
1 or more teams under an emergency procla- appropriate on the training courses devel- ing during the emergency period described in
mation by the Secretary; oped under this subsection from the Elder section 1135(g)(1)(B), from amounts made
(ii) the mission of the team; Justice Coordinating Council and the Direc- available with respect to such period in ac-
(iii) the authority of the individual to per- tor of the Centers for Disease Control and cordance with paragraph (2))’’ before the pe-
form the team mission; Prevention. riod; and
(iv) the individual’s authority to access (D) INTERACTIVE WEBSITE.—The Secretary (ii) in paragraph (2), by inserting before the
places, persons, and materials necessary for is authorized to create an interactive period the following: ‘‘, and for the emer-
the team member’s performance of the website to disseminate training materials gency period described in section
team’s mission; and related information in the areas of infec- 1135(g)(1)(B), $12,000,000’’.
(v) the requirement that team members tion control and prevention, for purposes of (2) ELDER JUSTICE COORDINATING COUNCIL.—
maintain the confidentiality of patient in- carrying out this subsection during the (A) MEMBERSHIP.—Section 2021(b)(1) of the
formation shared with such individuals by a COVID–19 public health emergency period. Social Security Act (42 U.S.C. 1397k(b)(1)) is
participating provider; and (c) PROMOTING TRANSPARENCY IN COVID–19 amended—
(vi) the required security background REPORTING BY NURSING FACILITIES AND LONG- (i) by redesignating subparagraph (C) as
checks that the individual has passed. TERM CARE FACILITIES.— subparagraph (D); and
(C) SECRETARIAL OVERSIGHT.—The Sec- (1) COLLECTION AND REPORTING OF STAFFING (ii) by inserting after subparagraph (B), the
retary may, at any time, disband any strike DATA BY NURSING FACILITIES DURING COVID–19 following:
team and rescind the letter of authorization EMERGENCY PERIOD.—The Secretary shall de- ‘‘(C) The Administrator of the Federal
for any team member. velop a plan for ensuring that participating Emergency Management Agency.’’.
(D) TEAM AND MEMBER AUTHORITY.—A team providers resume compliance with the re- (B) DUTIES.—Section 2021(f)(1) of such Act
and team member may not use the letter of quirement, under section 1128I(g) of the So- (42 U.S.C. 1397k(f)(1)) is amended by inserting
authorization described in subparagraph (B) cial Security Act (42 U.S.C. 1320a–7j(g)), to ‘‘the Federal Emergency Management Agen-
for any purpose except in connection with electronically submit direct care staffing in- cy,’’ after ‘‘Justice,’’.
the team’s mission of acting in good faith to formation based on payroll and other (3) ADULT PROTECTIVE SERVICES FUNCTIONS
promote resident and employee safety in auditable data (including measures to ensure AND GRANT PROGRAMS.—Section 2042 of the
participating providers in which COVID–19 is that the submitted data includes direct care Social Security Act (42 U.S.C. 1397m–1) is
confirmed to be present. staffing information for the entire duration amended—
(E) ADMINISTRATION.—The Secretary, in of the COVID–19 emergency period). (A) in subsection (a)(2), by inserting ‘‘, and
consultation with the Director of the Cen- (2) COLLECTION AND REPORTING OF DATA RE- $5,000,000 for the emergency period described
SSpencer on DSK126QN23PROD with SENATE
ters for Disease Control and Prevention, may LATED TO COVID–19 BY NURSING FACILITIES DUR- in section 1135(g)(1)(B)’’ after ‘‘2014’’;
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’’.
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