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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.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-08-06-crec-2020-08-06-pt1-pgs5336-4d246bd750/, SHA-256 27bb6d14f5a4f1c37b6e937ffad25f38db16156e276f193ef6df4b16d5be7687.

Full text

                                               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




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                                               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




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                                                                                                                                                              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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