ACCESS Act

II 117TH CONGRESS 1ST SESSION S. 57 To increase the ability of nursing facilities to access telehealth services and obtain technologies to allow virtual visits during the public health emer- gency relating to an outbreak of coronavirus disease 2019 (COVID– 19), and for other purposes. IN THE SENATE OF THE UNITED STATES JANUARY 27, 2021 Ms. KLOBUCHAR (for herself, Mrs. CAPITO, Mr. CASEY, Ms. ERNST, Ms. ROSEN, Ms. SMITH, Ms. STABENOW, Mr. REED, Mr. VAN HOLLEN, and Ms. CORTEZ MASTO) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pen- sions A BILL To increase the ability of nursing facilities to access tele- health services and obtain technologies to allow virtual visits during the public health emergency relating to an outbreak of coronavirus disease 2019 (COVID–19), and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Advancing Connectiv- 4 ity during the Coronavirus to Ensure Support for Seniors 5 Act’’ or the ‘‘ACCESS Act’’. 6 VerDate Sep 11 2014 18:23 Mar 24, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S57.IS S57 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 57 IS TITLE I—SUPPLEMENTAL 1 APPROPRIATIONS 2 SEC. 101. SUPPLEMENTAL APPROPRIATIONS. 3 The following sums are hereby appropriated, out of 4 any money in the Treasury not otherwise appropriated, 5 for the fiscal year ending September 30, 2021, and for 6 other purposes, namely: 7 DEPARTMENT OF HEALTH AND HUMAN 8 SERVICES 9 HEALTH RESOURCES AND SERVICES ADMINISTRATION 10 RURAL HEALTH 11 For an additional amount for the Telehealth Re- 12 source Center of the Federal Office of Rural Health Policy 13 of the Office for the Advancement of Telehealth, to pro- 14 vide assistance with respect to technical, legal, regulatory 15 service delivery or other related barriers to the develop- 16 ment of telehealth technologies for skilled nursing facilities 17 (as defined in section 1819 of the Social Security Act) and 18 nursing facilities (as defined in section 1919 of such Act), 19 $50,000,000 to remain available through September 30, 20 2022. 21 VerDate Sep 11 2014 18:23 Mar 24, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S57.IS S57 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 57 IS TITLE II—INCREASED ACCESS 1 TO TELEHEALTH SERVICES 2 AND OTHER TECHNOLOGIES 3 SEC. 201. DEFINITIONS. 4 In this title: 5 (1) COVID–19 PUBLIC HEALTH EMERGENCY 6 PERIOD.—The term ‘‘COVID–19 public health emer- 7 gency period’’ means the portion of the emergency 8 period defined in paragraph (1)(B) of section 9 1135(g) of the Social Security Act (42 U.S.C. 10 1320b–5(g)) beginning on or after the date of the 11 enactment of this Act. 12 (2) NURSING FACILITY.—The term ‘‘nursing 13 facility’’ has the meaning given that term in section 14 1919(a) of the Social Security Act (42 U.S.C. 15 1396r(a)). 16 (3) SECRETARY.—The term ‘‘Secretary’’ means 17 the Secretary of Health and Human Services. 18 (4) SKILLED NURSING FACILITY.—The term 19 ‘‘skilled nursing facility’’ has the meaning given that 20 term in section 1819(a) of the Social Security Act 21 (42 U.S.C. 1395i–3(a)). 22 VerDate Sep 11 2014 18:23 Mar 24, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S57.IS S57 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 57 IS SEC. 202. AUTHORITY TO AWARD GRANTS TO NURSING FA- 1 CILITIES FOR SUPPORTING VIRTUAL VISITS 2 DURING THE COVID–19 PUBLIC HEALTH 3 EMERGENCY. 4 (a) IN GENERAL.—The Secretary shall award grants 5 directly to skilled nursing facilities and nursing facilities 6 in accordance with this section to support virtual visits 7 by family members and other individuals for residents of 8 such facilities during the COVID–19 public health emer- 9 gency period. 10 (b) APPLICATION REQUIREMENTS.—A facility seek- 11 ing a grant under this section shall submit an application 12 to the Secretary at such time, in such form and manner, 13 and containing such information as the Secretary shall re- 14 quire. 15 (c) USE OF FUNDS.—A facility awarded a grant 16 under this section may only use the funds for expenditures 17 attributable to obtaining and using— 18 (1) technologies to support virtual visits by 19 family members and other individuals for residents 20 of the facility; and 21 (2) any other items or services necessary to 22 carry out the purposes for the grant described in 23 subsection (a). 24 (d) FCC COORDINATION.— 25 VerDate Sep 11 2014 18:23 Mar 24, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S57.IS S57 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 57 IS (1) IN GENERAL.—The Federal Communica- 1 tions Commission (in this subsection referred to as 2 the ‘‘Commission’’) shall coordinate with the Sec- 3 retary in implementing the grant program estab- 4 lished under this section. 5 (2) WAIVER AUTHORITY.—The Commission 6 shall waive such requirements of the Rural Health 7 Care program under subpart G of part 54 of title 8 47, Code of Federal Regulations (or any successor 9 regulation) as necessary, and for such periods as 10 necessary, to ensure all facilities awarded a grant 11 under this section are able to carry out the purposes 12 for the grant described in subsection (a). 13 (e) LIMITATIONS.— 14 (1) TERMINATION OF AUTHORITY.—The Sec- 15 retary shall not award any grants under this section 16 after the end of the COVID–19 public health emer- 17 gency period. 18 (2) SUPPLEMENT, NOT SUPPLANT.—Federal 19 funds paid to a skilled nursing facility or a nursing 20 facility pursuant to this section must be used to sup- 21 plement, but not supplant, any other Federal, State, 22 or local funds available to the facility that may be 23 used for a purpose specified in subsection (c). 24 VerDate Sep 11 2014 18:23 Mar 24, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S57.IS S57 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 57 IS (f) GUIDANCE.—Not later than 15 days after the 1 date of the enactment of this Act, the Secretary shall issue 2 guidance, created in consultation with appropriate skilled 3 nursing facility and nursing home resident advocate stake- 4 holders, on steps facilities awarded grants under this sec- 5 tion shall take to ensure residents of such facilities have 6 access to virtual visitation during the COVID–19 public 7 health emergency period and how such access shall be fa- 8 cilitated by such facilities. Such guidance shall include op- 9 tions for how such facilities will ensure notification of resi- 10 dents and resident representatives of such virtual visita- 11 tion access and facilitation, address how adequate support 12 will be provided to residents to facilitate virtual visitation, 13 address how facilities will ensure or enable installation and 14 access to a device purchased for the use or benefit of indi- 15 vidual or multiple facility residents, and address oper- 16 ational issues and avoid unnecessary barriers to timely de- 17 ployment of virtual visitation. 18 (g) REPORT.—Not later than 30 days after the end 19 of the COVID–19 public health emergency period, the Sec- 20 retary shall submit a report to Congress on the grants 21 awarded under this section. 22 (h) APPROPRIATION.—There are appropriated to the 23 Secretary for fiscal year 2021 from any funds in the 24 Treasury not otherwise appropriated, such sums as are 25 VerDate Sep 11 2014 18:23 Mar 24, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S57.IS S57 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 57 IS necessary to carry out this section, to remain through the 1 last day of the month following the month in which the 2 COVID–19 public health emergency period ends. 3 TITLE III—MISCELLANEOUS 4 SEC. 301. EMERGENCY DESIGNATION. 5 (a) IN GENERAL.—The amounts provided by this Act 6 are designated as an emergency requirement pursuant to 7 section 4(g) of the Statutory Pay-As-You-Go Act of 2010 8 (2 U.S.C. 933(g)). 9 (b) DESIGNATION IN SENATE.—In the Senate, this 10 Act is designated as an emergency requirement pursuant 11 to section 4112(a) of H. Con. Res. 71 (115th Congress), 12 the concurrent resolution on the budget for fiscal year 13 2018. 14 Æ VerDate Sep 11 2014 18:23 Mar 24, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\S57.IS S57 pamtmann on DSKBC07HB2PROD with BILLS