Nursing Home Pandemic Protection Act

I 116TH CONGRESS 2D SESSION H. R. 7048 To establish requirements for skilled nursing facilities, nursing facilities, and assisted living facilities to manage the outbreak of COVID–19, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 28, 2020 Mr. GOTTHEIMER (for himself, Mr. SMITH of New Jersey, and Mr. PAYNE) introduced the following bill; which was referred to the Committee on En- ergy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdic- tion of the committee concerned A BILL To establish requirements for skilled nursing facilities, nurs- ing facilities, and assisted living facilities to manage the outbreak of 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 ‘‘Nursing Home Pan- 4 demic Protection Act’’. 5 VerDate Sep 11 2014 19:06 Jun 18, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7048.IH H7048 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 7048 IH SEC. 2. REQUIREMENTS FOR SKILLED NURSING FACILI- 1 TIES, NURSING FACILITIES, AND ASSISTED 2 LIVING FACILITIES TO MANAGE THE OUT- 3 BREAK OF COVID–19. 4 (a) CODIFICATION OF MEMORANDUM RELATING TO 5 NOTIFICATION REQUIREMENTS OF CASES OF COVID–19 6 THAT ARE CONFIRMED OR UNDER INVESTIGATION IN 7 NURSING HOMES.—The memorandum entitled ‘‘Upcom- 8 ing Requirements for Notification of Confirmed COVID– 9 19 (or COVID–19 Persons under Investigation) Among 10 Residents and Staff in Nursing Homes’’ published by the 11 Centers for Medicare & Medicaid Services on April 19, 12 2020, shall have the force and effect of law. 13 (b) CRISIS PLAN FOR SUCH FACILITIES.—The Sec- 14 retary of Health and Human Services shall ensure that 15 skilled nursing facilities, nursing facilities, and assisted 16 living facilities establish, not later than 60 days after the 17 date of the enactment of this Act, establish a crisis plan 18 to manage the outbreak of COVID–19 and other public 19 health emergencies within such facilities. Such plan shall 20 outline procedures relating to infection control, staffing, 21 personal protective equipment, outside medical providers 22 and hospitalizations, and communication with family 23 members. 24 (c) PPE REQUIREMENTS FOR SUCH FACILITIES.— 25 VerDate Sep 11 2014 19:06 Jun 18, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7048.IH H7048 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 7048 IH (1) IN GENERAL.—The Secretary of Health and 1 Human Services shall ensure that skilled nursing fa- 2 cilities, nursing facilities, and assisted living facilities 3 establish, not later than 120 days after the date of 4 the enactment of this Act, maintain access to a min- 5 imum amount of personal protective equipment de- 6 scribed in paragraph (2) to manage the outbreak of 7 COVID–19 and other public health emergencies 8 within such facilities. 9 (2) MINIMUM AMOUNT OF PPE DESCRIBED.— 10 For purposes of paragraph (1), a minimum amount 11 of personal protective equipment described in this 12 paragraph is the amount of such equipment for use 13 by the staff and residents of such facilities for a 30- 14 day period. 15 (d) DEFINITIONS.—In this Act: 16 (1) NURSING FACILITY.—The term ‘‘nursing 17 facility’’ has the meaning given such term in section 18 1919(a) of the Social Security Act (42 U.S.C. 19 1396r(a)). 20 (2) SKILLED NURSING FACILITY.—The term 21 ‘‘skilled nursing facility’’ has the meaning given such 22 term in section 1819(a) of the Social Security Act 23 (42 U.S.C. 1395i–3(a)). 24 Æ VerDate Sep 11 2014 19:06 Jun 18, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H7048.IH H7048 pamtmann on DSKBC07HB2PROD with BILLS