ACCESS Act

I 116TH CONGRESS 2D SESSION H. R. 6487 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 APRIL 10, 2020 Ms. SCHAKOWSKY (for herself and Mr. KING of New York) introduced the fol- lowing 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 period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall with- in the jurisdiction of the committee 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 21:18 Apr 20, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6487.IH H6487 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 6487 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, 2020, 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 2021. 25 VerDate Sep 11 2014 21:18 Apr 20, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6487.IH H6487 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 6487 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) 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 21:18 Apr 20, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6487.IH H6487 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 6487 IH 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 21:18 Apr 20, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6487.IH H6487 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 6487 IH 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 Energy and Commerce 21 and Ways and Means of the House of Representa- 22 tives. 23 (2) The Committees on Finance, Health, Edu- 24 cation, Labor, and Pensions, Commerce, Science, 25 VerDate Sep 11 2014 21:18 Apr 20, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6487.IH H6487 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 6487 IH and Transportation, and the Special Committee on 1 Aging of the Senate. 2 SEC. 203. AUTHORITY TO AWARD GRANTS TO NURSING FA- 3 CILITIES FOR SUPPORTING VIRTUAL VISITS 4 DURING THE COVID–19 PUBLIC HEALTH 5 EMERGENCY. 6 (a) IN GENERAL.—The Secretary shall award grants 7 directly to skilled nursing facilities and nursing facilities 8 in accordance with this section to support virtual visits 9 by family members and other individuals for residents of 10 such facilities during the COVID–19 public health emer- 11 gency period. 12 (b) COORDINATION.—The Secretary shall coordinate 13 with the Federal Communications Commission to ensure 14 that all facilities awarded a grant under this section are 15 able to carry out the purposes described in subsection (d), 16 including through the provision of telecommunications and 17 broadband services necessary to support virtual visits de- 18 scribed in subsection (a). 19 (c) APPLICATION REQUIREMENTS.—A facility seek- 20 ing a grant under this section shall submit an application 21 to the Secretary at such time, in such form and manner, 22 and containing such information as the Secretary shall re- 23 quire. 24 VerDate Sep 11 2014 21:18 Apr 20, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6487.IH H6487 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 6487 IH (d) USE OF FUNDS.—A facility awarded a grant 1 under this section may only use the funds for expenditures 2 attributable to obtaining and using— 3 (1) technologies to support virtual visits de- 4 scribed in subsection (a); and 5 (2) any other items or services necessary to 6 carry out such visits. 7 (e) LIMITATIONS.— 8 (1) TERMINATION OF AUTHORITY.—The Sec- 9 retary shall not award any grants under this section 10 after the end of the COVID–19 public health emer- 11 gency period. 12 (2) SUPPLEMENT, NOT SUPPLANT.—Federal 13 funds paid to a skilled nursing facility or a nursing 14 facility pursuant to this section must be used to sup- 15 plement, but not supplant, any other Federal, State, 16 or local funds available to the facility that may be 17 used for a purpose specified in subsection (d). 18 (f) GUIDANCE.—Not later than 15 days after the 19 date of the enactment of this Act, the Secretary shall issue 20 guidance on steps facilities awarded grants under this sec- 21 tion shall take to ensure residents of such facilities have 22 access to virtual visitation during the COVID–19 public 23 health emergency period and how such access shall be fa- 24 cilitated by such facilities. Such guidance shall include op- 25 VerDate Sep 11 2014 21:18 Apr 20, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6487.IH H6487 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 6487 IH tions for how such facilities will ensure notification of resi- 1 dents and resident representatives of such virtual visita- 2 tion access and facilitation, address how adequate support 3 will be provided to residents to facilitate virtual visitation, 4 address how facilities will ensure or enable installation and 5 access to a device purchased for the use or benefit of indi- 6 vidual or multiple facility residents, and address oper- 7 ational issues and avoid unnecessary barriers to timely de- 8 ployment of virtual visitation. 9 (g) REPORT.—Not later than 30 days after the end 10 of the COVID–19 public health emergency period, the Sec- 11 retary shall submit a report to Congress on the grants 12 awarded under this section. 13 (h) APPROPRIATION.—There are appropriated to the 14 Secretary for fiscal year 2020, from any funds in the 15 Treasury not otherwise appropriated, such sums as are 16 necessary to carry out this section, to remain available 17 through the last day of the month following the month 18 in which the COVID–19 public health emergency period 19 ends. 20 TITLE III—MISCELLANEOUS 21 SEC. 301. EMERGENCY DESIGNATION. 22 (a) IN GENERAL.—The amounts provided by this Act 23 are designated as an emergency requirement pursuant to 24 VerDate Sep 11 2014 21:18 Apr 20, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H6487.IH H6487 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 6487 IH section 4(g) of the Statutory Pay-As-You-Go Act of 2010 1 (2 U.S.C. 933(g)). 2 (b) DESIGNATION IN SENATE.—In the Senate, this 3 Act is designated as an emergency requirement pursuant 4 to section 4112(a) of H. Con. Res. 71 (115th Congress), 5 the concurrent resolution on the budget for fiscal year 6 2018. 7 Æ VerDate Sep 11 2014 21:18 Apr 20, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\H6487.IH H6487 pamtmann on DSKBC07HB2PROD with BILLS