ACCESS Act

II 116TH CONGRESS 2D SESSION S. 3517 To increase the ability of nursing facilities to access to telehealth 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. IN THE SENATE OF THE UNITED STATES MARCH 18, 2020 Ms. KLOBUCHAR (for herself and Mr. CASEY) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To increase the ability of nursing facilities to access to 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 4 Connectivity during the Coronavirus to Ensure Support 5 for Seniors Act’’ or the ‘‘ACCESS Act’’. 6 VerDate Sep 11 2014 23:14 Apr 01, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3517.IS S3517 kjohnson on DSK79L0C42PROD with BILLS 2 •S 3517 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, 2020, 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 2021. 21 VerDate Sep 11 2014 23:14 Apr 01, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3517.IS S3517 kjohnson on DSK79L0C42PROD with BILLS 3 •S 3517 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) MEDICAID PROGRAM.—The term ‘‘Medicaid 13 program’’ means, with respect to a State, the State 14 program under title XIX of the Social Security Act 15 (42 U.S.C. 1396 et seq.) (including any waiver or 16 demonstration under such title or under section 17 1115 of such Act (42 U.S.C. 1315) relating to such 18 title). 19 (3) MEDICARE.—The term ‘‘Medicare’’ means 20 the program of health insurance for the aged and 21 disabled established under title XVIII of the Social 22 Security Act. 23 (4) NURSING FACILITY.—The term ‘‘nursing 24 facility’’ has the meaning given that term in section 25 VerDate Sep 11 2014 23:14 Apr 01, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3517.IS S3517 kjohnson on DSK79L0C42PROD with BILLS 4 •S 3517 IS 1919(a) of the Social Security Act (42 U.S.C. 1 1396r(a)). 2 (5) SECRETARY.—The term ‘‘Secretary’’ means 3 the Secretary of Health and Human Services. 4 (6) SKILLED NURSING FACILITY.—The term 5 ‘‘skilled nursing facility’’ has the meaning given that 6 term in section 1819(a) of the Social Security Act 7 (42 U.S.C. 1395i–3(a)). 8 (7) STATE.—The term ‘‘State’’ has the mean- 9 ing given such term for purposes of title XIX of the 10 Social Security Act (42 U.S.C. 1396 et seq.). 11 SEC. 202. IDENTIFICATION OF BARRIERS TO NURSING FA- 12 CILITIES ACCESSING TELEHEALTH SERVICES 13 UNDER MEDICARE AND MEDICAID DURING 14 THE COVID–19 PUBLIC HEALTH EMERGENCY. 15 (a) CONGRESSIONAL BRIEFING.—Not later than 15 16 days after the date of enactment of this Act, the Secretary 17 shall brief the congressional committees specified in sub- 18 section (c) on options for immediately increasing access 19 during the COVID–19 public health emergency period to 20 telehealth services for which payment is available under 21 Medicare for skilled nursing facilities and under Medicaid 22 for nursing facilities. The briefing shall also include— 23 (1) information regarding the extent to which 24 access to telehealth services is required for any fa- 25 VerDate Sep 11 2014 23:14 Apr 01, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3517.IS S3517 kjohnson on DSK79L0C42PROD with BILLS 5 •S 3517 IS cilities that are temporarily designated during the 1 COVID–19 public health emergency period as par- 2 ticipating providers under Medicare, Medicaid, or 3 both, for purposes of furnishing skilled nursing serv- 4 ices or nursing facility services to individuals who 5 are eligible for such services under Medicare or Med- 6 icaid; and 7 (2) recommendations for such administrative 8 and legislative actions, including with respect to 9 funding, as the Secretary determines are necessary. 10 (b) REPORT.—The Secretary shall submit a report to 11 the congressional committees specified in subsection (c) 12 after the briefing required under subsection (a) occurs 13 that includes a summary of the briefing, any new or addi- 14 tional information requested during such briefing, and 15 such other information as the Secretary determines appro- 16 priate. 17 (c) CONGRESSIONAL COMMITTEES SPECIFIED.—The 18 congressional committees specified in this subsection are 19 the following: 20 (1) The Committees on Finance, Health, Edu- 21 cation, Labor, and Pensions, Commerce, Science, 22 and Transportation, and the Special Committee on 23 Aging of the Senate. 24 VerDate Sep 11 2014 23:14 Apr 01, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3517.IS S3517 kjohnson on DSK79L0C42PROD with BILLS 6 •S 3517 IS (2) The Committees on Ways and Means and 1 Energy and Commerce of the House of Representa- 2 tives. 3 SEC. 203. AUTHORITY TO AWARD GRANTS TO NURSING FA- 4 CILITIES FOR SUPPORTING VIRTUAL VISITS 5 DURING THE COVID–19 PUBLIC HEALTH 6 EMERGENCY. 7 (a) IN GENERAL.—The Secretary shall award grants 8 directly to skilled nursing facilities and nursing facilities 9 in accordance with this section to support virtual visits 10 by family members and other individuals for residents of 11 such facilities during the COVID–19 public health emer- 12 gency period. 13 (b) APPLICATION REQUIREMENTS.—A facility seek- 14 ing a grant under this section shall submit an application 15 to the Secretary at such time, in such form and manner, 16 and containing such information as the Secretary shall re- 17 quire. 18 (c) USE OF FUNDS.—A facility awarded a grant 19 under this section may only use the funds for expenditures 20 attributable to obtaining and using— 21 (1) technologies to support virtual visits by 22 family members and other individuals for residents 23 of the facility; and 24 VerDate Sep 11 2014 23:14 Apr 01, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3517.IS S3517 kjohnson on DSK79L0C42PROD with BILLS 7 •S 3517 IS (2) any other items or services necessary to 1 carry out the purposes for the grant described in 2 subsection (a). 3 (d) FCC COORDINATION.— 4 (1) IN GENERAL.—The Federal Communica- 5 tions Commission (in this subsection referred to as 6 the ‘‘Commission’’) shall coordinate with the Sec- 7 retary in implementing the grant program estab- 8 lished under this section. 9 (2) WAIVER AUTHORITY.—The Commission 10 shall waive such requirements of the Rural Health 11 Care program under subpart G of part 54 of title 12 47, Code of Federal Regulations (or any successor 13 regulation) as necessary, and for such periods as 14 necessary, to ensure all facilities awarded a grant 15 under this section are able to carry out the purposes 16 for the grant described in subsection (a). 17 (e) LIMITATIONS.— 18 (1) TERMINATION OF AUTHORITY.—The Sec- 19 retary shall not award any grants under this section 20 after the end of the COVID–19 public health emer- 21 gency period. 22 (2) SUPPLEMENT, NOT SUPPLANT.—Federal 23 funds paid to a skilled nursing facility or a nursing 24 facility pursuant to this section must be used to sup- 25 VerDate Sep 11 2014 23:14 Apr 01, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3517.IS S3517 kjohnson on DSK79L0C42PROD with BILLS 8 •S 3517 IS plement, but not supplant, any other Federal, State, 1 or local funds available to the facility that may be 2 used for a purpose specified in subsection (c). 3 (f) REPORT.—Not later than 30 days after the end 4 of the COVID–19 public health emergency period, the Sec- 5 retary shall submit a report to Congress on the grants 6 awarded under this section. 7 (g) APPROPRIATION.—There are appropriated to the 8 Secretary for fiscal year 2020 from any funds in the 9 Treasury not otherwise appropriated, such sums as are 10 necessary to carry out this section, to remain through the 11 last day of the month following the month in which the 12 COVID–19 public health emergency period ends. 13 TITLE III—MISCELLANEOUS 14 SEC. 301. EMERGENCY DESIGNATION. 15 (a) IN GENERAL.—The amounts provided by this Act 16 are designated as an emergency requirement pursuant to 17 section 4(g) of the Statutory Pay-As-You-Go Act of 2010 18 (2 U.S.C. 933(g)). 19 (b) DESIGNATION IN SENATE.—In the Senate, this 20 Act is designated as an emergency requirement pursuant 21 to section 4112(a) of H. Con. Res. 71 (115th Congress), 22 the concurrent resolution on the budget for fiscal year 23 2018. 24 Æ VerDate Sep 11 2014 23:14 Apr 01, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\S3517.IS S3517 kjohnson on DSK79L0C42PROD with BILLS