Dr. Lorna Breen Health Care Provider Protection Act

I 116TH CONGRESS 2D SESSION H. R. 8094 To address behavioral health and well-being among health care professionals. IN THE HOUSE OF REPRESENTATIVES AUGUST 22, 2020 Mr. ROSE of New York (for himself, Mr. MCKINLEY, Mr. BRINDISI, Mr. RIGGLEMAN, Mr. CISNEROS, Mr. GRIFFITH, and Mr. UPTON) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To address behavioral health and well-being among health care professionals. 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 ‘‘Dr. Lorna Breen 4 Health Care Provider Protection Act’’. 5 SEC. 2. BEHAVIORAL HEALTH AND WELL-BEING TRAINING 6 FOR HEALTH CARE PROFESSIONALS. 7 Subpart 1 of part E of title VII of the Public Health 8 Service Act (42 U.S.C. 294n et seq.) is amended by adding 9 at the end the following: 10 VerDate Sep 11 2014 00:11 Sep 04, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8094.IH H8094 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 8094 IH ‘‘SEC. 764. BEHAVIORAL HEALTH AND WELL-BEING TRAIN- 1 ING FOR HEALTH CARE PROFESSIONALS. 2 ‘‘(a) GRANT PROGRAM.—The Secretary shall estab- 3 lish a program to award grants to health professions 4 schools, academic health centers, State or local govern- 5 ments, or other appropriate public or private nonprofit en- 6 tities for funding and participation in health professions 7 and nursing training activities for the training of health 8 care students, residents, or professionals in evidence-in- 9 formed strategies to reduce and prevent suicide, burnout, 10 behavioral health conditions, including mental health con- 11 ditions and substance use disorders, among health care 12 professionals, and in evidence-informed strategies to im- 13 prove health care professionals’ well-being and job satis- 14 faction. 15 ‘‘(b) ELIGIBILITY.—To be eligible for a grant under 16 subsection (a), an entity described in such subsection shall 17 submit to the Secretary an application at such time, in 18 such manner, and containing such information as the Sec- 19 retary may require. 20 ‘‘(c) REPORTING REQUIREMENT.—Each entity 21 awarded a grant under this section shall periodically sub- 22 mit to the Secretary a report evaluating the activities sup- 23 ported by the grant. 24 ‘‘(d) BEST PRACTICES.—The Secretary may identify 25 and disseminate evidence-informed best practices for re- 26 VerDate Sep 11 2014 00:11 Sep 04, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8094.IH H8094 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 8094 IH ducing and preventing suicide and burnout among health 1 care professionals, and training health care professionals 2 in appropriate strategies and promoting their mental and 3 behavioral health and job satisfaction. Such best practices 4 shall include specific recommendations for reducing and 5 preventing suicide, burnout, and other mental and behav- 6 ioral health concerns among health care professionals dur- 7 ing or in the aftermath of a pandemic, natural disaster, 8 or other crisis. 9 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—To 10 carry out this section, there are authorized to be appro- 11 priated such sums as may be necessary for each of fiscal 12 years 2021 through 2025.’’. 13 SEC. 3. EDUCATION AND AWARENESS CAMPAIGN ENCOUR- 14 AGING USE OF MENTAL AND BEHAVIORAL 15 HEALTH SERVICES BY HEALTH CARE PRO- 16 FESSIONALS. 17 (a) IN GENERAL.—The Secretary of Health and 18 Human Services (referred to in this section as the ‘‘Sec- 19 retary’’), acting through the Director of the Centers for 20 Disease Control and Prevention, and in consultation with 21 the medical professional community, shall establish a na- 22 tional evidence-based education and awareness campaign 23 targeting health care professionals to encourage such pro- 24 fessionals to seek support and treatment for their own 25 VerDate Sep 11 2014 00:11 Sep 04, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8094.IH H8094 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 8094 IH mental and behavioral health concerns, help such profes- 1 sionals identify risk factors in themselves and others and 2 learn how best to respond to such risks, with the goal of 3 reducing or preventing suicide, burnout, and mental and 4 behavioral health conditions, and to address stigma associ- 5 ated with seeking mental and behavioral health support 6 and treatment. 7 (b) REPORTING.—Not later than 2 years after the 8 date of enactment of this Act, the Secretary shall provide 9 an update on the campaign’s progress, including a plan 10 for evaluation that includes quantitative and qualitative 11 metrics, and a media and dissemination plan, to the Com- 12 mittee on Health, Education, Labor, and Pensions of the 13 Senate and the Committee on Energy and Commerce of 14 the House of Representatives. 15 (c) AUTHORIZATION OF APPROPRIATIONS.—There 16 are authorized to be appropriated to carry out this section 17 $10,000,000 for each of fiscal years 2021 through 2025. 18 SEC. 4. GRANTS FOR HEALTH CARE PROVIDERS TO PRO- 19 MOTE MENTAL AND BEHAVIORAL HEALTH 20 AMONG THEIR HEALTH PROFESSIONAL 21 WORKFORCE. 22 Subpart 1 of part E of title VII of the Public Health 23 Service Act (42 U.S.C. 294n et seq.), as amended by sec- 24 VerDate Sep 11 2014 00:11 Sep 04, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8094.IH H8094 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 8094 IH tion 2, is further amended by adding at the end the fol- 1 lowing: 2 ‘‘SEC. 764A. GRANTS FOR HEALTH CARE PROVIDERS TO 3 PROMOTE MENTAL AND BEHAVIORAL 4 HEALTH AMONG THEIR HEALTH PROFES- 5 SIONAL WORKFORCE. 6 ‘‘(a) IN GENERAL.—The Secretary shall award 7 grants to health care providers, including medical profes- 8 sional associations, to establish or expand evidence-in- 9 formed programs dedicated to promoting mental and be- 10 havioral health among their employees (including contrac- 11 tors) or members who are working on the front lines of 12 the SARS–CoV–2 pandemic. 13 ‘‘(b) USE OF GRANT FUNDS.—A health care provider 14 awarded a grant under subsection (a) shall use amounts 15 under the grant to implement a new program or protocol 16 or expand an existing program or protocol to promote 17 mental and behavioral health among employees (including 18 contractors) or members who have previously treated or 19 otherwise served, or are currently treating or otherwise 20 serving, patients diagnosed with COVID–19, which may 21 include any of the following: 22 ‘‘(1) Educating employees, including contrac- 23 tors, or membership about risk factors for and signs 24 of self-harm and suicide and mental and behavioral 25 VerDate Sep 11 2014 00:11 Sep 04, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8094.IH H8094 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 8094 IH health conditions in accordance with evidence-based 1 practices and standards. 2 ‘‘(2) Establishing new or enhancing existing 3 evidence-based programs or protocols for preventing 4 mental and behavioral health conditions, suicide, or 5 self-harm. 6 ‘‘(3) Establishing new or enhancing existing 7 peer-support programs among employees (including 8 contractors) or members. 9 ‘‘(4) Mental and behavioral health treatment, 10 follow up services and care, or referral for such serv- 11 ices identified as appropriate as a result of the 12 screenings or prevention programs and protocol de- 13 scribed in paragraphs (1) and (2). 14 ‘‘(c) GRANT TERMS.—A grant awarded under sub- 15 section (a)— 16 ‘‘(1) shall be for a period of 3 years; and 17 ‘‘(2) may be renewed subject to the require- 18 ments of this section. 19 ‘‘(d) APPLICATION SUBMISSION.—A health care pro- 20 vider seeking a grant under subsection (a) shall submit 21 an application to the Secretary at such time, in such man- 22 ner, and accompanied by such information as the Sec- 23 retary may require. 24 VerDate Sep 11 2014 00:11 Sep 04, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H8094.IH H8094 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 8094 IH ‘‘(e) PRIORITY.—Priority shall be given to applica- 1 tions from health care providers located in current or 2 former COVID–19 hotspots, as determined by the Sec- 3 retary or health care providers which have diagnosed or 4 treated a higher share of COVID–19 patients, as deter- 5 mined by the Secretary. 6 ‘‘(f) REPORTING.—A health care provider awarded a 7 grant under subsection (a) shall periodically submit to the 8 Secretary a report evaluating the activities supported by 9 the grant. 10 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—To 11 carry out this section, there is authorized to be appro- 12 priated $50,000,000 for the period of fiscal years 2021 13 through 2023.’’. 14 SEC. 5. COMPREHENSIVE STUDY ON HEALTH CARE PRO- 15 FESSIONAL MENTAL AND BEHAVIORAL 16 HEALTH AND BURNOUT. 17 Subpart 1 of part E of title VII of the Public Health 18 Service Act (42 U.S.C. 294n et seq.), as amended by sec- 19 tion 4, is further amended by adding at the end the fol- 20 lowing: 21 VerDate Sep 11 2014 00:11 Sep 04, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H8094.IH H8094 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 8094 IH ‘‘SEC. 764B. COMPREHENSIVE STUDY ON HEALTH CARE 1 PROFESSIONAL MENTAL AND BEHAVIORAL 2 HEALTH AND BURNOUT. 3 ‘‘(a) IN GENERAL.—The Secretary, in consultation 4 with stakeholders, shall conduct a review and submit rec- 5 ommendations to Congress on policies to improve health 6 care professional mental health and prevent burnout. 7 ‘‘(b) CONSIDERATIONS.—The study under subsection 8 (a) shall focus on identifying— 9 ‘‘(1) the factors that contribute to mental and 10 behavioral health conditions and burnout among 11 health care professionals; 12 ‘‘(2) the barriers to seeking and accessing men- 13 tal and behavioral health treatment for health care 14 professionals, including stigma and concerns about 15 licensing and credentialing; 16 ‘‘(3) the implications of poor mental and behav- 17 ioral health and burnout among health care profes- 18 sionals for the health care system, the health care 19 workforce, and patient outcomes; 20 ‘‘(4) the impact of the SARS–CoV–2 pandemic 21 on the mental and behavioral health of health care 22 professionals and related preparedness strategies for 23 future health emergencies; 24 ‘‘(5) the factors that promote mental and be- 25 havioral health and resiliency among health care 26 VerDate Sep 11 2014 00:11 Sep 04, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H8094.IH H8094 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 8094 IH professionals, including programs or protocols that 1 strengthen mental and behavioral health or prevent 2 burnout among health care professionals; and 3 ‘‘(6) the efficacy of health professional training 4 programs that promote resiliency and improve men- 5 tal health. 6 ‘‘(c) RECOMMENDATIONS.—The study required under 7 subsection (a) shall include recommendations related to— 8 ‘‘(1) improving mental and behavioral health 9 and preventing burnout among health care profes- 10 sionals; 11 ‘‘(2) removing barriers to mental and behavioral 12 health care for health care professionals; and 13 ‘‘(3) strategies to promote resiliency among 14 health care professionals and other employees and 15 contractors in health care settings. 16 ‘‘(d) COMPLETION.—The Secretary shall ensure that 17 the study under subsection (a) is completed and submitted 18 to Congress and made publicly available not later than 3 19 years after the date of enactment of this section. 20 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 21 are authorized to be appropriated to carry out this section 22 $3,000,000 for the period of fiscal years 2021 through 23 2023.’’. 24 Æ VerDate Sep 11 2014 00:11 Sep 04, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\H8094.IH H8094 pbinns on DSKJLVW7X2PROD with BILLS