ACCESS Act

I 117TH CONGRESS 1ST SESSION H. R. 596 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 HOUSE OF REPRESENTATIVES JANUARY 28, 2021 Ms. SCHAKOWSKY (for herself, Mr. DOGGETT, Ms. DELAURO, Mr. DEFAZIO, Mr. GRIJALVA, Mr. KHANNA, Mr. RASKIN, Ms. PINGREE, Mr. WELCH, Mr. POCAN, Mr. BISHOP of Georgia, Ms. NORTON, Ms. MCCOLLUM, Ms. JAYAPAL, and Ms. CHU) introduced the following bill; which was referred to the Committee on Appropriations, and in addition to the Committees on Energy and Commerce, Ways and Means, and the Budget, for a pe- riod to be subsequently determined by the Speaker, in each case for con- sideration of such provisions as fall within the jurisdiction of the com- mittee concerned 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 VerDate Sep 11 2014 00:32 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H596.IH H596 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 596 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Advancing 2 Connectivity during the Coronavirus to Ensure Support 3 for Seniors Act’’ or the ‘‘ACCESS Act’’. 4 TITLE I—SUPPLEMENTAL 5 APPROPRIATIONS 6 SEC. 101. SUPPLEMENTAL APPROPRIATIONS. 7 The following sums are hereby appropriated, out of 8 any money in the Treasury not otherwise appropriated, 9 for the fiscal year ending September 30, 2021, and for 10 other purposes, namely: 11 DEPARTMENT OF HEALTH AND HUMAN 12 SERVICES 13 HEALTH RESOURCES AND SERVICES ADMINISTRATION 14 RURAL HEALTH 15 For an additional amount for the Telehealth Re- 16 source Center of the Federal Office of Rural Health Policy 17 of the Office for the Advancement of Telehealth, to pro- 18 vide assistance with respect to technical, legal, regulatory 19 service delivery or other related barriers to the develop- 20 ment of telehealth technologies for skilled nursing facilities 21 (as defined in section 1819 of the Social Security Act) and 22 nursing facilities (as defined in section 1919 of such Act), 23 $50,000,000 to remain available through September 30, 24 2022. 25 VerDate Sep 11 2014 00:32 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H596.IH H596 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 596 IH 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 (5) STATE.—The term ‘‘State’’ has the mean- 23 ing given such term for purposes of title XIX of the 24 Social Security Act (42 U.S.C. 1396 et seq.). 25 VerDate Sep 11 2014 00:32 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H596.IH H596 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 596 IH 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) COORDINATION.—The Secretary shall coordinate 11 with the Federal Communications Commission to ensure 12 that all facilities awarded a grant under this section are 13 able to carry out the purposes described in subsection (d), 14 including through the provision of telecommunications and 15 broadband services necessary to support virtual visits de- 16 scribed in subsection (a). 17 (c) APPLICATION REQUIREMENTS.—A facility seek- 18 ing a grant under this section shall submit an application 19 to the Secretary at such time, in such form and manner, 20 and containing such information as the Secretary shall re- 21 quire. 22 (d) USE OF FUNDS.—A facility awarded a grant 23 under this section may only use the funds for expenditures 24 attributable to obtaining and using— 25 VerDate Sep 11 2014 00:32 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H596.IH H596 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 596 IH (1) technologies to support virtual visits de- 1 scribed in subsection (a); and 2 (2) any other items or services (including staff- 3 ing costs) necessary to carry out such visits. 4 (e) LIMITATIONS.— 5 (1) TERMINATION OF AUTHORITY.—The Sec- 6 retary shall not award any grants under this section 7 after the end of the COVID–19 public health emer- 8 gency period. 9 (2) SUPPLEMENT, NOT SUPPLANT.—Federal 10 funds paid to a skilled nursing facility or a nursing 11 facility pursuant to this section must be used to sup- 12 plement, but not supplant, any other Federal, State, 13 or local funds available to the facility that may be 14 used for a purpose specified in subsection (d). 15 (f) GUIDANCE.—Not later than 15 days after the 16 date of the enactment of this Act, the Secretary shall, 17 after consultation with appropriate skilled nursing facility 18 and nursing home resident advocate stakeholders, issue 19 guidance on steps facilities awarded grants under this sec- 20 tion shall take to ensure residents of such facilities have 21 access to virtual visitation during the COVID–19 public 22 health emergency period and how such access shall be fa- 23 cilitated by such facilities. Such guidance shall include op- 24 tions for how such facilities will ensure notification of resi- 25 VerDate Sep 11 2014 00:32 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H596.IH H596 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 596 IH dents and resident representatives of such virtual visita- 1 tion access and facilitation, address how adequate support 2 will be provided to residents to facilitate virtual visitation, 3 address how facilities will ensure or enable installation and 4 access to a device purchased for the use or benefit of indi- 5 vidual or multiple facility residents, and address oper- 6 ational issues and avoid unnecessary barriers to timely de- 7 ployment of virtual visitation. 8 (g) REPORT.—Not later than 30 days after the end 9 of the COVID–19 public health emergency period, the Sec- 10 retary shall submit a report to Congress on the grants 11 awarded under this section. 12 (h) APPROPRIATION.—There are appropriated to the 13 Secretary for fiscal year 2021, from any funds in the 14 Treasury not otherwise appropriated, such sums as are 15 necessary to carry out this section, to remain available 16 through the last day of the month following the month 17 in which the COVID–19 public health emergency period 18 ends. 19 TITLE III—MISCELLANEOUS 20 SEC. 301. EMERGENCY DESIGNATION. 21 (a) IN GENERAL.—The amounts provided by this Act 22 are designated as an emergency requirement pursuant to 23 section 4(g) of the Statutory Pay-As-You-Go Act of 2010 24 (2 U.S.C. 933(g)). 25 VerDate Sep 11 2014 00:32 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H596.IH H596 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 596 IH (b) DESIGNATION IN SENATE.—In the Senate, this 1 Act is designated as an emergency requirement pursuant 2 to section 4112(a) of H. Con. Res. 71 (115th Congress), 3 the concurrent resolution on the budget for fiscal year 4 2018. 5 Æ VerDate Sep 11 2014 00:32 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H596.IH H596 kjohnson on DSK79L0C42PROD with BILLS