EHDC Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 8200 To improve the health of minority individuals during the COVID–19 pandemic, and for other purposes. IN THE HOUSE OF REPRESENTATIVES SEPTEMBER 11, 2020 Ms. KELLY of Illinois (for herself, Ms. BASS, Mr. CASTRO of Texas, Ms. JUDY CHU of California, Mr. GARCI´A of Illinois, Ms. HAALAND, Ms. LEE of California, Mr. SOTO, Ms. SEWELL of Alabama, Mr. BUTTERFIELD, Mr. SABLAN, Ms. BARRAGA´N, Ms. CLARKE of New York, Mr. CA´RDENAS, Mr. SARBANES, Ms. PRESSLEY, Mr. THOMPSON of Mississippi, Ms. ESCOBAR, Mr. BRENDAN F. BOYLE of Pennsylvania, Mr. CARSON of Indiana, Mr. CLAY, Mrs. BEATTY, Mr. KHANNA, Ms. GARCIA of Texas, Mr. SAN NICO- LAS, Mr. ESPAILLAT, Ms. JAYAPAL, Mrs. DEMINGS, Mr. HASTINGS, Mrs. WATSON COLEMAN, Ms. JOHNSON of Texas, Mr. GRIJALVA, Ms. BONAMICI, and Mr. LYNCH) introduced the following bill; which was re- ferred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, the Judiciary, Transportation and Infrastructure, Education and Labor, Agriculture, Natural Resources, House Administration, Oversight and Reform, the Budget, and Small Business, 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 improve the health of minority individuals during the COVID–19 pandemic, 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 00:31 Nov 13, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8200.IH H8200 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 8200 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Ending Health Dis- 2 parities During COVID–19 Act of 2020’’ or the ‘‘EHDC 3 Act of 2020’’. 4 SEC. 2. TABLE OF CONTENTS. 5 Sec. 1. Short title. Sec. 2. Table of contents. TITLE I—RACIAL AND ETHNICITY DATA COLLECTION Subtitle A—Collection and Reporting Sec. 101. Equitable data collection and disclosure on COVID–19 Act. Sec. 102. COVID–19 reporting portal. Sec. 103. Regular CDC reporting on demographic data. Sec. 104. Amendment to the Public Health Service Act. Sec. 105. Elimination of prerequisite of direct appropriations for data collection and analysis. Sec. 106. Collection of data for the Medicare program. Sec. 107. Revision of HIPAA claims standards. Sec. 108. Disparities data collected by the Federal Government. Sec. 109. Standards for measuring sexual orientation, gender identity, and so- cioeconomic status in collection of health data. Sec. 110. Improving health data regarding Native Hawaiians and other Pacific Islanders. Subtitle B—Improvements and Modernization Sec. 121. Federal modernization for health inequities data. Sec. 122. Modernization of State and local health inequities data. Sec. 123. Additional reporting to Congress on the race and ethnicity rates of COVID–19 testing, hospitalizations, and mortalities. TITLE II—EQUITABLE TESTING AND TRACING Subtitle A—Free Testing for Patients Sec. 201. Sooner coverage of testing for COVID–19. Subtitle B—National Testing Strategy Sec. 211. COVID–19 testing strategy. Sec. 212. Coronavirus immigrant families protection. Sec. 213. ICE detention. Subtitle C—Contact Tracing Sec. 221. COVID–19 Testing, reaching, and contacting everyone. Sec. 222. National system for COVID–19 testing, contact tracing, surveillance, containment, and mitigation. Sec. 223. Grants. Sec. 224. Grants to State and Tribal workforce agencies. VerDate Sep 11 2014 00:31 Nov 13, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H8200.IH H8200 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 8200 IH TITLE III—FREE TREATMENT FOR ALL AMERICANS Sec. 301. Coverage at no cost sharing of COVID–19 vaccine and treatment. Sec. 302. Optional coverage at no cost sharing of COVID–19 treatment and vaccines under Medicaid for uninsured individuals. Sec. 303. Coverage of treatments for COVID–19 at no cost sharing under the Medicare Advantage program. Sec. 304. Requiring coverage under Medicare PDPS and MA–PD plans, with- out the imposition of cost sharing or utilization management requirements, of drugs intended to treat COVID–19 during certain emergencies. Sec. 305. Coverage of COVID–19 related treatment at no cost sharing. Sec. 306. Reimbursement for additional health services relating to coronavirus. TITLE IV—FEDERAL HEALTH EQUITY OVERSIGHT Sec. 401. COVID-19 Racial and Ethnic Disparities Task Force Act of 2020. Sec. 402. Protection of the HHS Offices of Minority Health. Sec. 403. Establish an interagency counsel and grant programs on social deter- minants of health. Sec. 404. Accountability and transparency within the Department of Health and Human Services. TITLE V—EXPANDED INSURANCE ACCESS Sec. 501. Medicare special enrollment period for individuals residing in COVID- 19 emergency areas. Sec. 502. Special enrollment period through exchanges; Federal exchange out- reach and educational activities. Sec. 503. MOMMA’s Act. Sec. 504. Allowing for medical assistance under Medicaid for inmates during 30-day period preceding release. Sec. 505. Providing for immediate Medicaid eligibility for former foster youth. Sec. 506. Expanded coverage for former foster youth. Sec. 507. Removing citizenship and immigration barriers to access to affordable health care under ACA. Sec. 508. Medicaid in the territories. Sec. 509. Removing Medicare barrier to health care. Sec. 510. Removing barriers to health care and nutrition assistance for chil- dren, pregnant persons, and lawfully present individuals. Sec. 511. Repeal of requirement for documentation evidencing citizenship or nationality under the Medicaid program. TITLE VI—COMMUNITY BASED GRANTS Sec. 601. Grants for racial and ethnic approaches to community health. Sec. 602. Grants to promote health for underserved communities. Sec. 603. Addressing COVID–19 health inequities and improving health equity. Sec. 604. Improving social determinants of health. Sec. 605. Funding to States, localities, and community-based organizations for emergency aid and services. Sec. 606. Supplemental nutrition assistance program. TITLE VII—CULTURALLY AND LINGUISTICALLY COMPETENT CARE VerDate Sep 11 2014 00:31 Nov 13, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\H8200.IH H8200 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 8200 IH Sec. 701. Ensuring standards for culturally and linguistically appropriate serv- ices in health care. Sec. 702. Culturally and linguistically appropriate health care in the Public Health Service Act. Sec. 703. Training tomorrow’s doctors for culturally and linguistically appro- priate care: graduate medical education. Sec. 704. Federal reimbursement for culturally and linguistically appropriate services under the Medicare, Medicaid, and State Children’s Health Insurance Programs. Sec. 705. Requirements for health programs or activities receiving Federal funds. Sec. 706. Report on Federal efforts to provide culturally and linguistically ap- propriate health care services. Sec. 707. Health professions competencies to address racial and ethnic mental health disparities. Sec. 708. Study on the uninsured. TITLE VIII—AID TO PROVIDERS SERVING MINORITY COMMUNITIES Sec. 801. Temporary increase in Medicaid DSH allotments. Sec. 802. COVID–19-related temporary increase of Medicaid FMAP. Sec. 803. Appropriation for primary health care. Sec. 804. Amendment to the Public Health Service Act. Sec. 805. Pandemic premium pay for essential workers. Sec. 806. COVID–19 Heroes Fund grants. Sec. 807. Enforcement and outreach. TITLE IX—HEALTH IT AND BRIDGING THE DIGITAL DIVIDE IN HEALTH CARE Sec. 901. HRSA assistance to health centers for promotion of Health IT. Sec. 902. Assessment of impact of Health IT on racial and ethnic minority communities; outreach and adoption of Health IT in such com- munities. Sec. 903. Extending funding to strengthen the Health IT infrastructure in ra- cial and ethnic minority communities. Sec. 904. Extending competitive grants for the development of loan programs to facilitate adoption of certified EHR technology by providers serving racial and ethnic minority groups. Sec. 905. Authorization of appropriations. Sec. 906. Data collection and assessments conducted in coordination with mi- nority-serving institutions. Sec. 907. Study of health information technology in medically underserved com- munities. Sec. 908. Study on the effects of changes to telehealth under the Medicare and Medicaid programs during the COVID-19 emergency. Sec. 909. COVID–19 designation of immediate special authority of spectrum for Tribes’ emergency response in Indian Country. Sec. 910. Facilitating the provision of telehealth services across State lines. TITLE X—PUBLIC AWARENESS Sec. 1001. Awareness campaigns. Sec. 1002. Increasing understanding of and improving health literacy. Sec. 1003. English for speakers of other languages. VerDate Sep 11 2014 00:31 Nov 13, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6211 E:\BILLS\H8200.IH H8200 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 8200 IH Sec. 1004. Influenza, COVID–19, and pneumonia vaccination campaign. TITLE XI—RESEARCH Sec. 1101. Research and development. Sec. 1102. CDC field studies pertaining to specific health inequities. Sec. 1103. Expanding capacity for health outcomes. Sec. 1104. Data collection and analysis grants to minority-serving institutions. Sec. 1105. Safety and effectiveness of drugs with respect to racial and ethnic background. Sec. 1106. GAO and NIH reports. Sec. 1107. Health impact assessments. Sec. 1108. Tribal funding to research health inequities including COVID–19. Sec. 1109. Research endowments at both current and former centers of excel- lence. TITLE XII—EDUCATION Sec. 1201. Grants for schools of medicine in diverse and underserved areas. Sec. 1202. Amendment to the Public Health Service Act. Sec. 1203. Hispanic-serving institutions, Historically Black Colleges and Uni- versities, Asian American and Native American Pacific Is- lander-serving institutions, Tribal colleges, regional community- based organizations, and national minority medical associa- tions. Sec. 1204. Loan repayment program of Centers for Disease Control and Pre- vention. Sec. 1205. Study and report on strategies for increasing diversity. Sec. 1206. Amendments to the Pandemic EBT Act. TITLE XIII—PUBLIC HEALTH ASSISTANCE TO TRIBES Sec. 1301. Appropriations for the Indian Health Service. Sec. 1302. Improving State, local, and Tribal public health security. Sec. 1303. Provision of items to Indian programs and facilities. Sec. 1304. Health care access for urban native veterans. Sec. 1305. Proper and reimbursed care for native veterans. TITLE I—RACIAL AND 1 ETHNICITY DATA COLLECTION 2 Subtitle A—Collection and 3 Reporting 4 SEC. 101. EQUITABLE DATA COLLECTION AND DISCLOSURE 5 ON COVID–19 ACT. 6 (a) FINDINGS.—Congress makes the following find- 7 ings: 8 VerDate Sep 11 2014 00:31 Nov 13, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8200.IH H8200 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 8200 IH (1) The World Health Organization (WHO) de- 1 clared COVID–19 a ‘‘Public Health Emergency of 2 International Concern’’ on January 30, 2020. By 3 late March 2020, there have been over 470,000 con- 4 firmed cases of, and 20,000 deaths associated with, 5 COVID–19 worldwide. 6 (2) In the United States, cases of COVID–19 7 have quickly surpassed those across the world, and 8 as of April 12, 2020, over 500,000 cases and 20,000 9 deaths have been reported in the United States 10 alone. 11 (3) Early reporting on racial inequities in 12 COVID–19 testing and treatment have renewed calls 13 for the Centers for Disease Control and Prevention 14 and other relevant subagencies within the Depart- 15 ment of Health and Human Services to publicly re- 16 lease racial and demographic information to better 17 inform the pandemic response, specifically in com- 18 munities of color and in Limited English Proficient 19 (LEP) communities. 20 (4) The burden of morbidity and mortality in 21 the United States has historically fallen dispropor- 22 tionately on marginalized communities (those who 23 suffer the most from great public health needs and 24 are the most medically underserved). 25 VerDate Sep 11 2014 00:31 Nov 13, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H8200.IH H8200 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 8200 IH (5) Historically, structures and systems, such 1 as racism, ableism and class oppression, have ren- 2 dered affected individuals more vulnerable to inequi- 3 ties and have prevented people from achieving their 4 optimal health even when there is not a crisis of 5 pandemic proportions. 6 (6) Significant differences in access to health 7 care, specifically to primary health care providers, 8 health care information, and greater perceived dis- 9 crimination in health care place communities of 10 color, individuals with disabilities, and LEP individ- 11 uals at greater risk of receiving delayed, and per- 12 haps poorer, health care. 13 (7) Stark racial inequities across the United 14 States, including unequal access to stable housing, 15 quality education, and decent employment signifi- 16 cantly impact the ability of individuals to take care 17 of their most basic health needs. Communities of 18 color are more likely to experience homelessness and 19 struggle with low-paying jobs or unemployment. To 20 date, experts have cited that 2 in 5 Latino residents 21 in New York City, the current epicenter of the 22 COVID–19 pandemic, are recently unemployed as a 23 direct consequence of COVID–19. And at a time 24 when sheltering in place will save lives, less than 1 25 VerDate Sep 11 2014 00:31 Nov 13, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H8200.IH H8200 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 8200 IH in 5 Black workers and roughly 1 in 6 Latino work- 1 ers are able to work from home. 2 (8) Communities of color experience higher 3 rates of chronic disease and disabilities, such as dia- 4 betes, hypertension, and asthma, than non-Hispanic 5 White communities, which predisposes them to 6 greater risk of complications and mortality should 7 they contract COVID–19. 8 (9) Such communities are made even more vul- 9 nerable to the uncertainty of the preparation, re- 10 sponse, and events surrounding the pandemic public 11 health crisis, COVID–19. For instance, in the recent 12 past, multiple epidemiologic studies and reviews have 13 reported higher rates of hospitalization due to the 14 2009 H1N1 pandemic among the poor, individuals 15 with disabilities and preexisting conditions, those liv- 16 ing in impoverished neighborhoods, a [Text truncated for display. Full text available on Congress.gov.]