Congressional Record — Senate, August 6, 2020, Page S5336
Summary
Page S5336 of the Senate section of the Congressional Record for August 6, 2020. It continues the nursing home amendment text on COVID-19 strike teams, testing and infection control, including authority for the Secretary to enhance efforts through online training courses for personnel and enhanced diagnostic testing of visitors. Another provision requires the Secretary, not later than 10 days after enactment and at least weekly afterward, to give the Governor of each State a list of participating providers where reported COVID-19 cases increased during the previous week. The page also prints notice of SA 2641 from Grassley and a table of contents that lists Section 110 on liquefied natural gas facility project reviews.
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“Congressional Record — Senate, August 6, 2020, Page S5336.”
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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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August 6, 2020 CONGRESSIONAL RECORD — SENATE S5337
(4) TECHNICAL AMENDMENT.—Section ties in COVID-19 cases and fatalities, psycho- under section 4002 of the Patient Protection
2011(12)(A) of the Social Security Act (42 tropic drug usage, infection prevention and and Affordable Care Act of 2010, to carry out
U.S.C. 1397j(12)(A)) is amended by striking control deficiencies, hospitalization rates, this section and the amendments made by
‘‘450b’’ and inserting ‘‘5304’’. infectious disease rates, injury rates, abuse this section, including by providing financial
(e) ADDRESSING RACIAL AND ETHNIC rates, neglect rates, fatality rates, and any assistance to participating providers as ap-
CORONAVIRUS DISPARITIES IN LONG-TERM additional areas, as determined by the task propriate for implementation of the require-
CARE FACILITIES.— force based on available public health data ments of this section and the amendments
(1) TASK FORCE.—The Secretary shall es- (or, if no such data are available, on the made by this section.
tablish a task force, to be known as the ‘‘Ra- basis of such other publicly available data or (h) DEFINITIONS.—In this section:
cial and Ethnic Coronavirus Disparities in information as the task force may deter- (1) COVID–19.—The term ‘‘COVID–19’’
Long-Term Care Facilities Task Force’’ (re- mine); means the 2019 Novel Coronavirus or 2019-
ferred to in this section as the ‘‘task force’’), (iii) the identification of factors, including nCoV.
to gather data and information on racial and Federal and State policies, that have con- (2) COVID–19 PUBLIC HEALTH EMERGENCY PE-
ethnic disparities in long-term care facili- tributed to health disparities in resident out- RIOD.—The term ‘‘COVID–19 public health
ties, during the public health emergency, comes in long-term care facilities, and ac- emergency period’’ means the period begin-
and to provide recommendations to Federal, tions Congress (and if appropriate, other en- ning on the first day of the emergency period
State, local, and Tribal policymakers on tities) can take to address these factors; and defined in paragraph (1)(B) of section 1135(g)
ways to eliminate health disparities and to (iv) recommendations for best practices to of the Social Security Act (42 U.S.C. 1320b-
improve the health of racial and ethnic mi- eliminate health disparities and to improve 5(g)) and ending on the last day of the cal-
nority populations residing in long-term care the health of racial and ethnic minority pop- endar quarter in which the last day of such
facilities. ulations in long-term care facilities, espe- emergency period occurs.
(2) MEMBERSHIP.—The task force shall be cially such facilities evidencing racial or (3) LONG-TERM CARE FACILITY.—The term
composed of the Surgeon General, other Fed- ethnic disparities in COVID-19 cases and fa- ‘‘long-term care facility’’ has the meaning
eral, State, and local government officials, talities, psychotropic drug usage, infection given that term in section 2011(15) of the So-
and individuals appointed by the Surgeon prevention and control deficiencies, hos- cial Security Act (42 U.S.C. 1397j(15)).
General with firsthand knowledge of, or ex- pitalization rates, infectious disease rates, (4) NURSING FACILITY.—The term ‘‘nursing
pertise relating to, disparities in access to injury rates, abuse and neglect rates, fatal- facility’’ has the meaning given that term in
quality care for residents of long-term care ity rates, or any additional areas determined section 1919(a) of the Social Security Act (42
facilities who are members of racial or eth- by the task force. U.S.C. 1396r(a)).
nic minority groups. In appointing such indi- (B) CONSULTATION WITH INDIAN TRIBES.—In (5) PARTICIPATING PROVIDER.—The term
viduals, the Surgeon General, in consulta- submitting reports and recommendations ‘‘participating provider’’ means a skilled
tion with the Director of the U.S. Depart- under this subsection, the task force shall nursing facility or a nursing facility that has
ment of Health and Human Services Office of consult with Indian Tribes and Tribal orga- been assigned a national provider identifier
Minority Health, shall ensure the individuals nizations. number by the Secretary and has executed
appointed provide ample representation with (C) SUNSET.—The task force shall termi- an agreement to participate in the Medicare
respect to the demographics of residents and nate on December 31, 2022. program established under title XVIII of the
caregivers of all long-term care facilities, (f) ACHIEVING SAVINGS IN HEALTH CARE
Social Security Act (42 U.S.C. 1395 et seq.) or
during the COVID-19 public health emer- PROGRAMS BY REDUCING IMPROPER PRE-
the Medicaid program established under title
gency period particularly with respect to SCRIBING OF CONTROLLED SUBSTANCES.—
XIX of such Act (42 U.S.C. 1396 et seq.).
residents and caregivers of such facilities (1) IN GENERAL.—Within 120 days of enact-
(6) SECRETARY.—The term ‘‘Secretary’’
who are members of racial or ethnic minor- ment of this Act and annually thereafter,
means the Secretary of Health and Human
ity groups, communities of color, and com- the Secretary shall report all Medicare rev-
Services.
munities with preexisting health challenges ocation actions or preclusion list placements
to the Drug Enforcement Administration (7) SKILLED NURSING FACILITY.—The term
or difficulties in accessing care.
(3) ADMINISTRATION.— ‘‘skilled nursing facility’’ has the meaning
that are based totally or in part on the im-
(A) CHAIRPERSON AND VICE CHAIRPERSON.— given that term in section 1819(a) of the So-
proper prescribing, administering, or dis-
The Surgeon General shall serve as the cial Security Act (42 U.S.C. 1395i–3(a)).
pensing of controlled substances.
chairperson of the task force. The Director (8) STATE.—Except as otherwise provided,
(2) DEFINITIONS.—The terms used in this
of the Department’s Office of Minority subsection shall have the meaning given the term ‘‘State’’ has the meaning given
Health shall serve as the vice chairperson. such terms in section 102 of the Controlled such term for purposes of title XIX of the So-
(B) STAFF.—The task force shall have at Substances Act (42 U.S.C. 802). For purposes cial Security Act (42 U.S.C. 1396 et seq.).
least 2 full-time staff members, with diverse of paragraph (1), the ‘‘improper prescribing,
and relevant experience, including, but not
SA 2642. Mr. McCONNELL (for Mr.
administering, or dispensing of controlled
limited to academic, community, govern- substances’’ includes doing so in any of the
WICKER) proposed an amendment to the
mental, or vocational work. The staff mem- following respects: bill S. 2299, to amend title 49, United
bers, in coordination with the Chairperson (A) In excessive quantities. States Code, to enhance the safety and
and Vice Chairperson shall appoint at least (B) For other than a legitimate medical reliability of pipeline transportation,
two representatives from the aging commu- purpose or outside the usual course of profes- and for other purposes; as follows:
nity to serve on the task force in addition to sional practice. Strike all after the enacting clause and in-
at least four representatives providing ample (C) Beyond the scope of the practitioner’s sert the following:
representation with respect to the demo- DEA registration. SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
graphics of residents and caregivers of all (D) In any other manner not permitted by (a) SHORT TITLE.—This Act may be cited as
long-term care facilities, particularly with the Controlled Substances Act (21 U.S.C. 801 the ‘‘Protecting our Infrastructure of Pipe-
respect to members of racial or ethnic mi- et. seq.). lines and Enhancing Safety Act of 2020’’ or
nority groups and communities of color, and (3) ACCESS TO EVIDENCE.—When making the the ‘‘PIPES Act of 2020’’.
communities with preexisting health chal- reports required under paragraph (1), the (b) TABLE OF CONTENTS.—The table of con-
lenges or difficulties in accessing care. Secretary shall provide the Drug Enforce- tents for this Act is as follows:
(C) MEETINGS.—The task force shall con- ment Administration with any relevant Sec. 1. Short title; table of contents.
vene at least monthly, with the first meeting records or other evidence that Drug Enforce- Sec. 2. Definitions.
to occur within 60 days after the enactment ment Administration requests for purposes
of this Act. TITLE I—IMPROVING PIPELINE SAFETY
of carrying out its functions under the Con-
(4) REPORTING AND RECOMMENDATIONS.— AND INFRASTRUCTURE
trolled Substances Act. The Drug Enforce-
(A) MONTHLY REPORTS.—Not later than 45 ment Administration may use any such in- Sec. 101. Authorization of appropriations.
days after the 1st meeting of the task force, formation or other evidence provided by the Sec. 102. Pipeline workforce development.
and monthly thereafter, the task force shall Sec. 103. Cost recovery and fees for facility
Secretary for the purposes of any criminal,
submit to Congress, the Centers for Medicare reviews.
civil, or administrative proceeding arising Sec. 104. Advancement of new pipeline safe-
and Medicaid, and the Centers for Disease out the Controlled Substances Act. ty technologies and approaches.
Control and Prevention a report that in- (g) FUNDING.—
Sec. 105. Pipeline safety testing enhance-
cludes— (1) CARES ACT.—-The Secretary may use
ment study.
(i) recommended methodologies for im- amounts appropriated for COVID–19 response
SSpencer on DSK126QN23PROD with SENATE
Sec. 106. Regulatory updates.
proving Federal data collection, including and related activities pursuant to the Sec. 107. Self-disclosure of violations.
transparent publication of such data and in- CARES Act (Public Law 116–136) and subse- Sec. 108. Due process protections in enforce-
formation on resident outcomes in long-term quently enacted legislation to carry out this ment proceedings.
care facilities with disproportionately high section and the amendments made by this Sec. 109. Pipeline operating status.
rates of admission of individuals who are section. Sec. 110. Liquefied natural gas facility
members of racial or ethnic minority groups; (2) PREVENTION AND PUBLIC HEALTH FUND.— project reviews.
(ii) the identification of long-term care fa- The Secretary may use amounts in the Pre- Sec. 111. Updates to standards for liquefied
cilities evidencing racial or ethnic dispari- vention and Public Health Fund, established natural gas facilities.
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