Assisted Living Facility Coronavirus Reporting Act

I 116TH CONGRESS 2D SESSION H. R. 7463 To require States to meet assisted living facility reporting requirements to qualify for future COVID–19 response funds. IN THE HOUSE OF REPRESENTATIVES JULY 1, 2020 Mrs. CAROLYN B. MALONEY of New York introduced the following bill; which was referred to the Committee on Energy 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 provi- sions as fall within the jurisdiction of the committee concerned A BILL To require States to meet assisted living facility reporting requirements to qualify for future COVID–19 response funds. 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 ‘‘Assisted Living Facil- 4 ity Coronavirus Reporting Act’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 VerDate Sep 11 2014 00:29 Jul 25, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7463.IH H7463 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 7463 IH (1) ASSISTED LIVING FACILITY.—The term 1 ‘‘assisted living facility’’ means— 2 (A) an adult care facility that— 3 (i) is licensed and regulated by the 4 State in which the facility is located (or, if 5 there is no State law providing for such li- 6 censing and regulation by the State, by the 7 municipality or other political subdivision 8 in which the facility is located); 9 (ii) makes available to residents sup- 10 portive services to assist the residents in 11 carrying out activities of daily living, such 12 as bathing, dressing, eating, getting in and 13 out of bed or chairs, walking, going out- 14 doors, using the toilet, laundry, home man- 15 agement, preparing meals, shopping for 16 personal items, obtaining and taking medi- 17 cation, managing money, using the tele- 18 phone, or performing light or heavy house- 19 work, and which may make available to 20 residents home health care services, such 21 as nursing and therapy; and 22 (iii) provides dwelling units for resi- 23 dents, each of which may contain a full 24 kitchen and bathroom, and which includes 25 VerDate Sep 11 2014 00:29 Jul 25, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7463.IH H7463 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 7463 IH common rooms and other facilities appro- 1 priate for the provision of supportive serv- 2 ices to the residents of the facility; 3 (B) an adult care facility that— 4 (i) is— 5 (I) licensed and regulated by the 6 State in which the facility is located 7 (or, if there is no State law providing 8 for such licensing and regulation by 9 the State, by the municipality or other 10 political subdivision in which the facil- 11 ity is located); and 12 (II) similar to a skilled nursing 13 facility, (as defined in section 1819(a) 14 of the Social Security Act (42 U.S.C. 15 1395i–3(a))), a nursing facility (as 16 defined in section 1919(a) of the So- 17 cial Security Act (42 U.S.C. 18 1396r(a))), or a board and care facil- 19 ity (as defined in section 1616(e) of 20 the Social Security Act (42 U.S.C. 21 1382e(e))); or 22 (ii) is subject to the identification, in- 23 vestigation, and resolution of complaints 24 by, or otherwise subject to the activities of, 25 VerDate Sep 11 2014 00:29 Jul 25, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7463.IH H7463 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 7463 IH a State Long-Term Care Ombudsman pro- 1 gram established under section 712 of the 2 Older Americans Act of 1965 (42 U.S.C. 3 3058g); or 4 (C) an adult care facility receiving Federal 5 funds through a State Medicaid program under 6 title XIX of the Social Security Act (42 U.S.C. 7 1396 et seq.), including through any waiver re- 8 lating to such a program granted under such 9 title or title XI of such Act (42 U.S.C. 1301 et 10 seq.). 11 (2) SECRETARY.—The term ‘‘Secretary’’ means 12 the Secretary of Health and Human Services. 13 SEC. 3. STATE REPORTING REQUIREMENTS FOR ASSISTED 14 LIVING FACILITIES AND COVID–19. 15 (a) IN GENERAL.—As a condition of receiving fund- 16 ing to combat the coronavirus pandemic under Federal 17 legislation enacted on or after the date of enactment of 18 this Act which designates such funding as being for emer- 19 gency requirements pursuant to section 251(b)(2)(A)(i) of 20 the Balanced Budget and Emergency Deficit Control Act 21 of 1985 (2 U.S.C. 901(b)(2)(A)(i)), a State shall do the 22 following: 23 (1) Within 30 days of the passage of this Act, 24 begin weekly reporting of the following information 25 VerDate Sep 11 2014 00:29 Jul 25, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7463.IH H7463 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 7463 IH for each assisted living facility located in the State 1 to the Centers for Disease Control and Prevention, 2 disaggregated by race, ethnicity, primary language, 3 sex, sexual orientation, gender identity, age, and dis- 4 ability status: 5 (A) The number of suspected and con- 6 firmed active cases of Coronavirus Disease 7 2019 (COVID–19) among residents and the 8 number of suspected and confirmed active cases 9 of COVID–19 among staff of the facility. 10 (B) The number of residents and staff of 11 the facility, respectively, who, since the last re- 12 port under this paragraph, contracted severe 13 respiratory infections related to COVID–19 14 that resulted in hospitalization and the number 15 that resulted in death, including deaths that oc- 16 curred outside of the facility. 17 (C) The number COVID–19 diagnostic 18 tests conducted weekly on residents and staff of 19 the facility, respectively, and the percentage of 20 those tests that are positive among residents 21 and staff of the facility, respectively. 22 (D) The average time between testing a 23 resident and receiving the results of the test. 24 VerDate Sep 11 2014 00:29 Jul 25, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7463.IH H7463 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 7463 IH (E) The personal protective equipment, 1 hand hygiene supplies, ventilators, and medical 2 supplies in the facility. 3 (F) The total number of resident beds at, 4 residents living in, and staff employed by the 5 facility. 6 (G) Other information specified by the 7 Secretary. 8 (2) Within 30 days of the passage of this Act, 9 report for each assisted living facility in the State to 10 the Centers for Disease Control and Prevention, the 11 information specified in subparagraphs (A) through 12 (G) of paragraph (1) for the period of time between 13 January 1, 2020, and the passage of this Act, 14 disaggregated by race, ethnicity, primary language, 15 sex, sexual orientation, gender identity, age, and dis- 16 ability status. 17 (3) Within 30 days of the passage of this Act, 18 require each assisted living facility in the State to 19 inform the Centers for Medicare & Medicaid Serv- 20 ices, the Centers for Disease Control and Preven- 21 tion, State and local health officials, residents, their 22 representatives, and families of those residing in fa- 23 cilities by 5 p.m. the next calendar day following the 24 occurrence of either a single confirmed infection of 25 VerDate Sep 11 2014 00:29 Jul 25, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7463.IH H7463 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 7463 IH COVID–19 among the residents or staff of the facil- 1 ity or three or more residents or staff of the facility 2 presenting new-onset of respiratory symptoms within 3 72 hours of each other. This information shall— 4 (A) not include personally identifiable in- 5 formation; 6 (B) include information on mitigating ac- 7 tions implemented to prevent or reduce the risk 8 of transmission, including if normal operations 9 of the facility will be altered; and 10 (C) include any cumulative updates for 11 residents, their representatives, and families at 12 least weekly or by 5 p.m. the next calendar day 13 following the subsequent occurrence of— 14 (i) the identification of a confirmed 15 infection of COVID–19 among the resi- 16 dents or staff of the facility; or 17 (ii) three or more residents or staff 18 presenting new onset of respiratory symp- 19 toms within 72 hours of each other. 20 (b) SUNSET.—The requirements of subsection (a) 21 shall terminate if and when the circumstances which led 22 to the public health emergency period described in section 23 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 24 VerDate Sep 11 2014 00:29 Jul 25, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7463.IH H7463 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 7463 IH 1320b–5(g)(1)(B)) (relating to the coronavirus pandemic) 1 cease to exist and are unlikely to recur. 2 (c) GUIDANCE.—Within 15 days of the date of enact- 3 ment of this Act, the Secretary shall issue guidance to 4 States to ensure the information reported in (a) is re- 5 ported in an electronic, standardized format that matches, 6 to the extent practicable, the format applicable to informa- 7 tion reported to the Department of Health and Human 8 Services by skilled nursing facilities and nursing facilities 9 on COVID–19 under section 483.30(g) of title 42, Code 10 of Federal Regulations (as amended by the interim final 11 rule of the Centers for Medicare & Medicaid Services pub- 12 lished on May 8, 2020 (85 Fed. Reg. 27550)), to enable 13 the comparison of COVID–19 outbreaks across congregate 14 care settings. 15 (d) PUBLICATION OF INFORMATION.—The Secretary 16 shall publicly post on the website of the Department of 17 Health and Human Services, the information received by 18 the Department under section (a), and shall update such 19 information on a weekly basis. 20 (e) EXTENSIONS.—The Secretary may grant, at the 21 request of a State, a 30-day extension for the State report 22 the information required under paragraphs (1) and (2) of 23 subsection (a) to allow the State to develop the reporting 24 VerDate Sep 11 2014 00:29 Jul 25, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7463.IH H7463 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 7463 IH infrastructure necessary to gather such information from 1 assisted living facilities. 2 SEC. 4. APPLICATION OF NURSING FACILITY REPORTING 3 REQUIREMENTS TO ASSISTED LIVING FACILI- 4 TIES. 5 The Secretary shall provide that any COVID–19 re- 6 porting requirement that applies to skilled nursing facili- 7 ties (as defined in section 1819(a) of the Social Security 8 Act (42 U.S.C. 1395i–3(a))) or nursing facilities (as de- 9 fined in section 1919(a) of the Social Security Act (42 10 U.S.C. 1396r(a))) and is imposed on or after the date of 11 enactment of this Act under title XVIII or XIX of the 12 Social Security Act (42 U.S.C. 1395 et seq., 1396 et seq.) 13 or under a regulation promulgated under such title shall 14 apply in the same manner to assisted living facilities, 15 which shall report such information through the States 16 unless complying with such reporting requirement is not 17 practicable in the assisted living facility setting. 18 SEC. 5. GAO REPORT. 19 Not later than 2 years after the date of enactment 20 of this Act, the Comptroller General of the United States 21 shall conduct an evaluation, and submit to Congress, a 22 report including— 23 (1) what is known about how required reporting 24 of COVID–19 data on residents in nursing homes 25 VerDate Sep 11 2014 00:29 Jul 25, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7463.IH H7463 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 7463 IH during the pandemic was used to prevent or control 1 COVID–19 cases or deaths, and how this compares 2 to the experience of other congregate care facilities 3 without required reporting of this data; and 4 (2) any lessons learned from required reporting 5 of COVID–19 cases or deaths in nursing homes that 6 could be applied to other congregate care facilities 7 during the COVID–19 pandemic, if it continues, and 8 similar public health emergencies in the future. 9 Æ VerDate Sep 11 2014 00:29 Jul 25, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\H7463.IH H7463 kjohnson on DSK79L0C42PROD with BILLS