Frontline Heroes Act

I 116TH CONGRESS 2D SESSION H. R. 8441 To establish certain protections and benefits for front line workers, and for other purposes. IN THE HOUSE OF REPRESENTATIVES SEPTEMBER 29, 2020 Mrs. TORRES of California (for herself, Ms. LEE of California, Mr. VARGAS, Mr. SUOZZI, Mr. SOTO, Mr. HASTINGS, Mr. GRIJALVA, Ms. ROYBAL- ALLARD, Mr. RASKIN, Mr. CISNEROS, Mr. CONNOLLY, Mr. VELA, Mrs. NAPOLITANO, Ms. SEWELL of Alabama, Ms. NORTON, and Mr. CARSON of Indiana) introduced the following bill; which was referred to the Com- mittee on Energy and Commerce, and in addition to the Committees on the Judiciary, and Ways and Means, for a period to be subsequently de- termined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish certain protections and benefits for front line workers, 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 ‘‘Frontline Heroes Act’’. 4 VerDate Sep 11 2014 23:33 Nov 13, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8441.IH H8441 SSpencer on DSK126QN23PROD with BILLS 2 •HR 8441 IH SEC. 2. DATA ON INFECTIONS AND MORTALITIES OF EM- 1 PLOYEES AND CONTRACTORS AT HEALTH- 2 CARE FACILITIES. 3 (a) DATA COLLECTION.—The Secretary of Health 4 and Human Services (in this section referred to as the 5 ‘‘Secretary’’) acting through the Director of the Centers 6 for Disease Control and Prevention shall— 7 (1) collect data on COVID–19 infections and 8 the related mortalities or mortality rate of employees 9 and contractors at nursing homes, long-term care fa- 10 cilities, hospitals, and other healthcare facilities na- 11 tionwide; and 12 (2) compile such data, redacted to exclude any 13 personally identifiable information, into a database 14 disaggregated by geographic region. 15 (b) REQUIRED REPORTING TO SECRETARY.—During 16 the COVID–19 emergency period, the Secretary— 17 (1) may require a nursing home, long-term care 18 facility, hospital, or other healthcare facility to re- 19 port the data described in subsection (a)(1) in the 20 possession of the respective facility as a condition on 21 the receipt by such facility of any Federal funds, 22 and shall require such reporting as a condition on 23 the receipt by such facility of any funds made avail- 24 able under— 25 VerDate Sep 11 2014 23:33 Nov 13, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8441.IH H8441 SSpencer on DSK126QN23PROD with BILLS 3 •HR 8441 IH (A) the Coronavirus Preparedness and Re- 1 sponse Supplemental Appropriations Act, 2020 2 (Public Law 116–123); 3 (B) the Families First Coronavirus Re- 4 sponse Act (Public Law 116–127); 5 (C) the CARES Act (Public Law 116– 6 136); and 7 (D) the Paycheck Protection Program and 8 Health Care Enhancement Act (Public Law 9 116–139); and 10 (E) any other Federal statute enacted in 11 response to the COVID–19 pandemic; and 12 (2) may require such reporting to be made in 13 such form, in such manner, and by such time as the 14 Secretary determines. 15 (c) REPORT TO CONGRESS.—Not later than 90 days 16 after the date of enactment of this Act, Secretary shall 17 submit a report on the status of data collection under this 18 section and any initial findings and conclusions resulting 19 from such collection to the appropriate congressional com- 20 mittees, including— 21 (1) the Committee on Appropriations and the 22 Committee on Energy and Commerce of the House 23 of Representatives; and 24 VerDate Sep 11 2014 23:33 Nov 13, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8441.IH H8441 SSpencer on DSK126QN23PROD with BILLS 4 •HR 8441 IH (2) the Committee on Appropriations and the 1 Committee on Health, Education, Labor, and Pen- 2 sions of the Senate. 3 (d) DEFINITION.—In this section, the term 4 ‘‘COVID–19 emergency period’’ has the meaning given to 5 the term ‘‘emergency period’’ in section 1135(g)(1)(B) of 6 the Social Security Act (42 U.S.C. 1320b–5(g)(1)(B)). 7 SEC. 3. CDC STUDY ON LONG-TERM IMPACT OF COVID–19. 8 Not later than 200 days after the date of the enact- 9 ment of this Act, the Director of the Centers for Disease 10 Control and Prevention shall submit to the appropriate 11 Committees of Congress, including the Committees de- 12 scribed under section 2(c), a report containing the results 13 of a study on the long-term health impacts of COVID– 14 19, including the potential to cause a disability (as defined 15 in section 3(1) of the Americans with Disabilities Act of 16 1990 (42 U.S.C. 12102(1))). 17 SEC. 4. COVID–19 FRONTLINE HEALTHCARE HEROES SUR- 18 VIVOR AND DISABILITY BENEFITS PROGRAM. 19 (a) FILING CLAIM.— 20 (1) IN GENERAL.—The Assistant Attorney Gen- 21 eral of the Civil Division of the Department of Jus- 22 tice shall establish and implement the COVID-19 23 Frontline Healthcare Heroes Survivor and Disability 24 Benefits Compensation Program, under which a 25 VerDate Sep 11 2014 23:33 Nov 13, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8441.IH H8441 SSpencer on DSK126QN23PROD with BILLS 5 •HR 8441 IH claimant may file a claim for compensation for death 1 or disability related to COVID-19 with the Assistant 2 Attorney General by mail or on an online portal cre- 3 ated by the Assistant Attorney General. 4 (2) WEBSITE.—The Assistant Attorney General 5 of the Civil Division of the Department of Justice 6 shall publish on the Department of Justice website 7 instructions for submitting a claim for compensation 8 under this section. 9 (b) ELIGIBILITY.—The following claimants shall be 10 eligible to receive compensation under this section: 11 (1) A claimant who was a frontline healthcare 12 worker at the time that the claimant received a 13 COVID-19 diagnosis or in the 45-day period before 14 such diagnosis. 15 (2) In the case that the frontline healthcare 16 worker is deceased, a survivor of a frontline 17 healthcare worker described in paragraph (1) in the 18 following order of precedence: 19 (A) The surviving spouse of the frontline 20 healthcare worker described in paragraph (1) if 21 the spouse was married to the claimant for at 22 least 1 year before the frontline healthcare 23 worker’s death. 24 VerDate Sep 11 2014 23:33 Nov 13, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8441.IH H8441 SSpencer on DSK126QN23PROD with BILLS 6 •HR 8441 IH (B) If there is no person meeting the re- 1 quirements of subparagraph (A), the children of 2 the frontline healthcare worker described in 3 paragraph (1), in equal shares. 4 (C) If there is no person meeting the re- 5 quirements of subparagraph (A) or (B), the 6 parents of the frontline healthcare worker de- 7 scribed in paragraph (1), in equal shares. 8 (D) If there is no person meeting the re- 9 quirements of subparagraph (A), (B), or (C), 10 the grandchildren of the frontline healthcare 11 worker described in paragraph (1), in equal 12 shares. 13 (E) If there is no person meeting the re- 14 quirements of subparagraph (A), (B), (C), or 15 (D), the grandparents of the frontline 16 healthcare worker described in paragraph (1), 17 in equal shares. 18 (F) If there is no person meeting the re- 19 quirements of subparagraph (A), (B), (C), (D), 20 or (E), the person designated on a life insur- 21 ance policy of the frontline healthcare worker 22 described in paragraph (1). 23 (c) NECESSARY DOCUMENTATION.—A claim filed 24 under this section shall include— 25 VerDate Sep 11 2014 23:33 Nov 13, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H8441.IH H8441 SSpencer on DSK126QN23PROD with BILLS 7 •HR 8441 IH (1) evidence of employment as a frontline 1 healthcare worker during the time that COVID-19 2 was diagnosed or during the 45-day period before 3 such diagnosis; 4 (2) a medical statement of a COVID-19 diag- 5 nosis, whether confirmed by a test or a presumptive 6 diagnosis by a qualified medical professional, and 7 confirmation that death or disability was from 8 COVID-19 or connected to complications due to 9 SARS–CoV–2; and 10 (3) in the case of a claim for a death benefit, 11 the death certificate of a frontline worker, or in the 12 case of a claim for a disability benefit, evidence of 13 total and permanent disability as a result of 14 COVID-19 or connected to complications due to 15 SARS–CoV–2. 16 (d) REVIEW CLAIM.—Not later than 90 days after 17 a claim is submitted under subsection (a), such claim shall 18 be reviewed to determine whether the claimant is eligible 19 to receive compensation under this section. 20 (e) AMOUNTS.—A claimant who is eligible to receive 21 compensation under this section shall receive a one-time 22 lump sum payment of $365,670 not later than 90 days 23 after the claimant is determined to be eligible to receive 24 compensation under this section. Any compensation re- 25 VerDate Sep 11 2014 23:33 Nov 13, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H8441.IH H8441 SSpencer on DSK126QN23PROD with BILLS 8 •HR 8441 IH ceived under this section shall not preclude the claimant 1 from receiving any collateral source compensation to which 2 the claimant is entitled. 3 (f) APPEALS.— 4 (1) APPEALS OFFICER.—The Assistant Attor- 5 ney General of the Civil Division of the Department 6 of Justice shall appoint appeals officers to review 7 appeals made pursuant to paragraph (2). 8 (2) APPEALING DENIAL.—In the case that a 9 claim under this section is denied, a claimant may 10 file an appeal of such denial with an appeals officer 11 not later than 60 days after such denial. 12 (3) REVIEW.—In reviewing an appeal, an ap- 13 peals officer may— 14 (A) grant compensation under this section; 15 (B) deny compensation under this section; 16 or 17 (C) send the claim to the Assistant Attor- 18 ney General of the Civil Division of the Depart- 19 ment of Justice for further review, including for 20 the purpose of collecting additional evidence. 21 (g) NO FEDERAL TAX OR COLA.—Any payment 22 made to a claimant under this section shall not be subject 23 to any Federal tax or cost of living adjustment. 24 VerDate Sep 11 2014 23:33 Nov 13, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H8441.IH H8441 SSpencer on DSK126QN23PROD with BILLS 9 •HR 8441 IH (h) FINAL AGENCY ACTION.—A decision by an ap- 1 peals officer shall be considered a final agency action for 2 purposes of judicial review. 3 (i) PAYMENT OF MEDICAL EDUCATION LOANS NOT 4 DISCHARGED UPON DEATH.— 5 (1) IN GENERAL.—A claimant who is eligible to 6 receive compensation under subsection (b)(2) shall 7 also be eligible to have the Assistant Attorney Gen- 8 eral of the Civil Division of the Department of Jus- 9 tice pay off any private medical education loan of 10 the frontline healthcare worker that was not dis- 11 charged upon the death of the worker. 12 (2) FILING OF CLAIM.—A claimant may apply 13 for the payment of a medical education loan under 14 this subsection by including such request in a claim 15 filed under subsection (a), along with such docu- 16 mentation as the Attorney General may require. 17 (3) PAYMENT SEPARATE FROM COMPENSATION 18 AMOUNT.—The amount of any payment made under 19 paragraph (1) shall be in addition to the amount de- 20 scribed under subsection (e). 21 (4) DEFINITION OF PRIVATE MEDICAL EDU- 22 CATION LOAN.—In this subsection, the term ‘‘private 23 medical education loan’’ means a private education 24 loan (as defined under section 140(a) of the Truth 25 VerDate Sep 11 2014 23:33 Nov 13, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H8441.IH H8441 SSpencer on DSK126QN23PROD with BILLS 10 •HR 8441 IH in Lending Act) issued with respect to a medical 1 education. 2 (j) RULEMAKING.—Not later than 180 days after the 3 date of enactment of this Act, the Attorney General shall 4 issue rules to implement this section, including rules on 5 the process for determining disability status. 6 (k) EFFECTIVE PERIOD.—This section shall take ef- 7 fect on the date that is 180 days after the date of enact- 8 ment of this Act and shall cease to be effective 5 years 9 after such date. 10 (l) DEFINITION.—In this section: 11 (1) ASSISTANT ATTORNEY GENERAL OF THE 12 CIVIL DIVISION OF THE DEPARTMENT OF JUS- 13 TICE.—The term ‘‘Assistant Attorney General of the 14 Civil Division of the Department of Justice’’ means 15 the Attorney General, acting through the Assistant 16 Attorney General of the Civil Division of the Depart- 17 ment of Justice. 18 (2) COLLATERAL SOURCE COMPENSATION.— 19 The term ‘‘collateral source’’ means all collateral 20 sources, including life insurance, pension funds, or 21 any other death or disability benefit program or pay- 22 ment for which the individual is eligible. 23 (3) DISABILITY.—The term ‘‘disability’’ means, 24 with respect to an individual, that such individual 25 VerDate Sep 11 2014 23:33 Nov 13, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H8441.IH H8441 SSpencer on DSK126QN23PROD with BILLS 11 •HR 8441 IH has a condition, the direct and proximate con- 1 sequences of which permanently prevent the indi- 2 vidual from performing any gainful work. 3 (4) FRONTLINE HEALTHCARE WORKER.—The 4 term ‘‘frontline healthcare worker’’ means— 5 (A) all employees of healthcare facilities, 6 nursing homes, and long-term care facilities 7 and emergency care providers, including para- 8 medics and medical personnel who transport pa- 9 tients to the hospital; and 10 (B) the contractors who are physically 11 present at such facilities. 12 Æ VerDate Sep 11 2014 23:33 Nov 13, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\H8441.IH H8441 SSpencer on DSK126QN23PROD with BILLS