S.Amdt. 2511

SA 2511. Mr. GRASSLEY submitted an amendment intended to be proposed
to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to
condemn gross human rights violations of ethnic Turkic Muslims in
Xinjiang, and calling for an end to arbitrary detention, torture, and
harassment of these communities inside and outside China; which was
ordered to lie on the table; as follows:

At the end, add the following:

TITLE II--SUPPORTING PATIENTS, PROVIDERS, OLDER AMERICANS, AND FOSTER
YOUTH IN RESPONDING TO COVID-19

Subtitle A--Promoting Access to Care and Services

SEC. 201. MAINTAINING 2021 MEDICARE PART B PREMIUM AND
DEDUCTIBLE AT 2020 LEVELS CONSISTENT WITH
ACTUARIALLY FAIR RATES.

(a) 2021 Premium and Deductible and Repayment Through
Future Premiums.--Section 1839(a) of the Social Security Act
(42 U.S.C. 1395r(a)) is amended--
(1) in the second sentence of paragraph (1), by striking
``(5) and (6)'' and inserting ``(5), (6), and (7)'';
(2) in paragraph (6)(C)--
(A) in clause (i), by striking ``section 1844(d)(1)'' and
inserting ``subsections (d)(1) and (e)(1) of section 1844'';
and
(B) in clause (ii), by striking ``paragraph (5)'' and
inserting ``paragraphs (5) and (7)''; and
(3) by adding at the end the following:
``(7) In applying this part (including subsection (i) and
section 1833(b)), the monthly actuarial rate for enrollees
age 65 and over for 2021 shall be the same as the monthly
actuarial rate for enrollees age 65 and over for 2020.''.
(b) Transitional Government Contribution.--Section 1844 of
the Social Security Act (42 U.S.C. 1395w) is amended--
(1) in subsection (a), by adding at the end the following
new sentence: ``In applying paragraph (1), the amounts
transferred under subsection (e)(1) with respect to enrollees
described in subparagraphs (A) and (B) of such subsection
shall be treated as premiums payable and deposited in the
Trust Fund under subparagraphs (A) and (B), respectively, of
paragraph (1).''; and
(2) by adding at the end the following:
``(e)(1) For 2021, there shall be transferred from the
General Fund to the Trust Fund an amount, as estimated by the
Chief Actuary of the Centers for Medicare & Medicaid
Services, equal to the reduction in aggregate premiums
payable under this part for a month in such year (excluding
any changes in amounts collected under section 1839(i)) that
are attributable to the application of section 1839(a)(7)
with respect to--
``(A) enrollees age 65 and over; and
``(B) enrollees under age 65.
Such amounts shall be transferred from time to time as
appropriate.
``(2) Premium increases affected under section 1839(a)(6)
shall not be taken into account in applying subsection (a).
``(3) There shall be transferred from the Trust Fund to the
General Fund of the Treasury amounts equivalent to the
additional premiums payable as a result of the application of
section 1839(a)(6), excluding the aggregate payments
attributable to the application of section
1839(i)(3)(A)(ii)(II).''.
(c) Additional Transitional Government Contribution.--
Section 1844 of the Social Security Act (42 U.S.C. 1395w), as
amended by subsection (b)(2), is amended by adding at the end
the following:
``(f)(1) There shall be transferred from the General Fund
of the Treasury to the Trust Fund an amount, as estimated by
the Chief Actuary of the Centers for Medicare & Medicaid
Services, equal to amounts paid under the advance payment
program under section 421.214 of title 42, Code of Federal
Regulations (or any successor regulation) during the period
beginning on March 28, 2020, and ending on July 9, 2020.
``(2) There shall be transferred from the Trust Fund to the
General Fund of the Treasury amounts equivalent to the sum
of--
``(A) the amounts by which claims have offset (in whole or
in part) the amount of such advance payments described in
paragraph (1); and
``(B) the amount of such advance payments that has been
repaid (in whole or in part), under the advance payment
program under such section 421.214 (or any such successor
regulation).
``(3) Amounts described in paragraphs (1) and (2) shall be
transferred from time to time as appropriate.''.
(d) Indentation Correction.--Section 1839(i)(3)(A)(ii) of
the Social Security Act (42 U.S.C. 1395r(i)(3)(A)(ii)) is
amended by moving the indentation of subclause (I) two ems to
the right.

SEC. 202. IMPROVEMENTS TO THE MEDICARE HOSPITAL ACCELERATED
AND ADVANCE PAYMENTS PROGRAMS DURING THE COVID-
19 PUBLIC HEALTH EMERGENCY.

(a) Part A.--
(1) Repayment periods.--Section 1815(f)(2)(C) of the Social
Security Act (42 U.S.C. 1395g(f)(2)(C)) is amended--
(A) in clause (i), by striking ``120 days'' and inserting
``270 days''; and
(B) in clause (ii), by striking ``12 months'' and inserting
``18 months''.
(2) Authority for discretion.--Section 1815(f)(2)(A)(ii) of
the Social Security Act (42 U.S.C. 1395g(f)(2)(A)(ii)) is
amended by inserting ``(or, with respect to requests
submitted to the Secretary on or after July 9, 2020,
may)''after ``shall.''.
(b) Part B.--In carrying out the advance payments program
described in section 421.214 of title 42, Code of Federal
Regulations (or a successor regulation), the Secretary of
Health and Human Services, in the case of a payment made
under such program during the emergency period described in
section 1135(g)(1)(B) of the Social Security Act (42 U.S.C.
1320b-5(g)(1)(B)), upon request of the supplier receiving
such payment, shall--
(1) provide up to 270 days before claims are offset to
recoup the payment; and
(2) allow not less than 14 months from the date of the
first advance payment before requiring that the outstanding
balance be paid in full.
(c) Effective Date.--The amendments made by this section
shall take effect as if included in the enactment of the
Coronavirus Aid, Relief, and Economic Security Act (Public
Law 116-136).
(d) Implementation.--Notwithstanding any other provision of
law, the Secretary of Health and Human Services may implement
the provisions of, and the amendments made by, this section
by program instruction or otherwise.

SEC. 203. AUTHORITY TO EXTEND MEDICARE TELEHEALTH WAIVERS.

(a) Authority.--Section 1834(m) of the Social Security Act
(42 U.S.C. 1395m(m)) is amended by adding at the end the
following new paragraph:
``(9) Authority to extend telehealth waivers and
policies.--
``(A) Authority.--Notwithstanding the preceding provisions
of this subsection and section 1135, subject to subparagraph
(B), if the emergency period under section 1135(g)(1)(B)
expires prior to December 31,

[[Page S4766]]

2021, the authority provided the Secretary under section
1135(b)(8) to waive or modify requirements with respect to a
telehealth service, and modifications of policies with
respect to telehealth services made by interim final rule
applicable to such period, shall be extended through December
31, 2021.
``(B) No requirement to extend.-- Nothing in subparagraph
(A) shall require the Secretary to extend any specific waiver
or modification or modifications of policies that the
Secretary does not find appropriate for extension.
``(C) Implementation.--Notwithstanding any provision of
law, the provisions of this paragraph may be implemented by
interim final rule, program instructions or otherwise.''.
(b) MedPAC Evaluation and Report.--
(1) Study.--
(A) In general.--The Medicare Payment Advisory Commission
(in this subsection referred to as the ``Commission'') shall
conduct an evaluation of--
(i) the expansions of telehealth services under part B of
title XVII of the Social Security Act related to the COVID-19
public health emergency described in section 1135(g)(1)(B) of
such Act (42 U.S.C. 1320b-5(g)(1)(B)); and
(ii) the appropriate treatment of such expansions after the
expiration of such public health emergency.
(B) Analysis.--The evaluation under subparagraph (A) shall
include an analysis of each the following:
(i) Which, if any, of such expansions should be continued
after the expiration of the such public health emergency,
(ii) Whether any such continued expansions should be
limited to, or differentially applied to, clinicians
participating in certain value-based payment models.
(iii) How Medicare should pay for telehealth services after
the expiration of such public health emergency, and the
implications of payment approaches on aggregate Medicare
program spending,
(iv) Medicare program integrity and beneficiary safeguards
that may be warranted with the coverage of telehealth
services.
(v) The implications of expanded Medicare coverage of
telehealth services for beneficiary access to care and the
quality of care provided via telehealth.
(vi) Other areas determined appropriate by the Commission.
(2) Report.--Not later than June 15, 2021, the Commission
shall submit to Congress a report containing the results of
the evaluation conducted under paragraph (1), together with
recommendations for such legislation and administrative
action as the Commission determines appropriate.
(c) HHS Provision of Information and Study and Report.--
(1) Pre-covid-19 public health emergency telehealth
authority.--Not later than 3 months after the date of
enactment of this Act, the Secretary of Health and Human
Services (in this subsection referred to as the
``Secretary'') shall make available on the internet website
of the Centers for Medicare & Medicaid Services information
describing the requirements applicable to telehealth services
and other virtual services under the original Medicare fee-
for-service program under parts A and B of title XVIII of the
Social Security Act (42 U.S.C. 1395 et seq.) and the Medicare
Advantage program under part C of such title prior to the
waiver or modification of such requirements during the
emergency period described in section 1135(g)(1)(B) of the
Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)), as
established by statute, regulation, and sub-regulatory
guidance under such title.
(2) Study and report.--
(A) Study.--The Secretary shall conduct a study on the
impact of telehealth and other virtual services furnished
under the Medicare program under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.) during the emergency
period described in section 1135(g)(1)(B) of such Act (42
U.S.C. 1320b-5(g)(1)(B)). In conducting such study, the
Secretary shall--
(i) assess the impact of such services on access to care,
health outcomes, and spending by type of physician,
practitioner, or other entity, and by patient demographics
and other characteristics that include--

(I) age, gender, race, and type of eligibility for the
Medicare program;
(II) dual eligibility for both the Medicare program and the
Medicaid program under title XIX of such Act (42 U.S.C. 1396
et seq.);
(III) residing in an area of low-population density or a
health professional shortage area (as defined in section
332(a)(1)(A) of the Public Health Service Act (42 U.S.C.
254e(a)(1)(A))) ;
(IV) diagnoses, such as a diagnosis of COVID-19, a chronic
condition, or a mental health disorder or substance use
disorder;
(V) telecommunication modality used, including extent to
which the services are furnished using audio-only technology;
(VI) residing in a State other than the State in which the
furnishing physician, practitioner, or other entity is
located; and
(VII) other characteristics and information determined
appropriate by the Secretary; and

(ii) to the extent feasible, assess such impact based on--

(I) the type of technology used to furnish the service;
(II) the extent to which patient privacy is protected;
(III) the extent to which documented or suspected fraud or
abuse occurred; and
(IV) patient satisfaction.

(B) Use of information.--The Secretary may use reliable
non-governmental sources of information in assessing the
impact of characteristics described in subparagraph (A) under
the study.
(C) Report.--
(i) Interim provision of information.--The Secretary shall,
as determined appropriate, periodically during such emergency
period, post on the internet website of the Centers for
Medicare & Medicaid services data on utilization of
telehealth and other virtual services under the Medicare
program and the impact of characteristics described in
subparagraph (A) on such utilization.
(ii) Report.--Not later than 15 months after date of
enactment of this Act, the Secretary shall submit to Congress
a report on the study conducted under subparagraph (A),
together with recommendations for such legislation and
administrative action as the Secretary determines
appropriate.

SEC. 204. EXTENDING MEDICARE TELEHEALTH FLEXIBILITIES FOR
FEDERALLY QUALIFIED HEALTH CENTERS AND RURAL
HEALTH CLINICS.

(a) In General.--Section 1834(m) of the Social Security Act
(42 U.S.C. 1395m(m)) is amended--
(1) in paragraph (4)(C)--
(A) in clause (i), in the matter preceding subclause (I),
by striking ``and (7)'' and inserting ``(7), and (8)''; and
(B) in clause (ii)(X), by inserting ``or paragraph
(8)(A)(i)'' before the period; and
(2) in paragraph (8)--
(A) in the paragraph heading by inserting ``and for an
additional period after'' after ``during '';
(B) in subparagraph (A)--
(i) in the matter preceding clause (i), by inserting ``and
the 5-year period beginning on the first day after the end of
such emergency period'' after ``1135(g)(1)(B)'';
(ii) in clause (ii), by striking ``and'' at the end;
(iii) by redesignating clause (iii) as clause (iv); and
(iv) by inserting after clause (ii) the following new
clause:
``(iii) the geographic requirements described in paragraph
(4)(C)(i) shall not apply with respect to such a telehealth
service; and'';
(C) in subparagraph (B)(i)--
(i) in the first sentence, by inserting ``and the 5-year
period beginning on the first day after the end of such
emergency period'' before the period; and
(ii) in the third sentence, by striking ``program
instruction or otherwise'' and inserting ``interim final
rule, program instruction, or otherwise''; and
(D) by adding at the end the following new subparagraph:
``(C) Requirement during additional period.--
``(i) In general.--During the 5-year period beginning on
the first day after the end of the emergency period described
in section 1135(g)(1)(B), payment may only be made under this
paragraph for a telehealth service described in subparagraph
(A)(i) that is furnished to an eligible telehealth individual
if such service is furnished by a qualified provider (as
defined in clause (ii)).
``(ii) Definition of qualified provider.--For purposes of
this subparagraph, the term `qualified provider' means, with
respect to a telehealth service described in subparagraph
(A)(i) that is furnished to an eligible telehealth
individual, a Federally qualified health center or rural
health clinic that furnished to such individual, during the
3-year period ending on the date the telehealth service was
furnished, an item or service in person for which--

``(I) payment was made under this title; or
``(II) such payment would have been made if such individual
were entitled to, or enrolled for, benefits under this title
at the time such item or service was furnished.''.

(b) Effective Date.--The amendments made by this section
(other than the amendment made by subsection (a)(2)(D)) shall
take effect as if included in the enactment of the
Coronavirus Aid, Relief, and Economic Security Act (Public
Law 116-136).

SEC. 205. TEMPORARY CARRYOVER FOR HEALTH AND DEPENDENT CARE
FLEXIBLE SPENDING ARRANGEMENTS.

(a) Increase in Carryover for Health Flexible Spending
Arrangements.--A plan or other arrangement that otherwise
satisfies all of the applicable requirements of sections 106
and 125 of the Internal Revenue Code of 1986 (including any
rules or regulations thereunder) shall not fail to be treated
as a cafeteria plan or health flexible spending arrangement
merely because such plan or arrangement permits participants
to carry over an amount not in excess of $2,750 of unused
benefits or contributions remaining in a health flexible
spending arrangement from the plan year ending in 2020 to the
plan year ending in 2021.
(b) Carryover for Dependent Care Flexible Spending
Arrangements.--A plan or other arrangement that otherwise
satisfies all applicable requirements of sections 106, 125,
and 129 of the Internal Revenue Code of 1986 (including any
rules or regulations thereunder) shall not fail to be treated
as a cafeteria plan or dependent care flexible spending
arrangement merely because such plan or arrangement permits
participants to carry over (under rules similar to the rules
applicable to health flexible spending arrangements) an
amount, not in excess of the amount in effect under section
129(a)(2)(A) of

[[Page S4767]]

such Code, of unused benefits or contributions remaining in a
dependent care flexible spending arrangement from the plan
year ending in 2020 to the plan year ending in 2021.
(c) Retroactive Application.--An employer shall be
permitted to amend its cafeteria plan to effectuate the carry
over allowed under subsection (a) or (b), provided that such
amendment--
(1) is adopted not later than the last day of the plan year
ending in 2020; and
(2) provides that the carry over allowed under subsection
(a) or (b) shall be in effect as of the first day of the plan
year ending in 2020.
(d) Definitions.--Any term used in this section which is
also used in section 106, 125, or 129 of the Internal Revenue
Code of 1986 or the rules or regulations thereunder shall
have the same meaning as when used in such section or rules
or regulations.

SEC. 206. ON-SITE EMPLOYEE CLINICS.

(a) In General.--Paragraph (1) of section 223(c) of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new subparagraph:
``(D) Special rule for qualified items and services.--
``(i) In general.--For purposes of subparagraph (A)(ii), an
individual shall not be treated as covered under a health
plan described in subclauses (I) and (II) of such
subparagraph merely because the individual is eligible to
receive, or receives, qualified items and services--

``(I) at a healthcare facility located at a facility owned
or leased by the employer of the individual (or of the
individual's spouse), or
``(II) at a healthcare facility operated primarily for the
benefit of employees of the employer of the individual (or of
the individual's spouse).

``(ii) Qualified items and services defined.--For purposes
of this subparagraph, the term `qualified items and services'
means the following:

``(I) Physical examination.
``(II) Immunizations, including injections of antigens
provided by employees.
``(III) Drugs or biologicals other than a prescribed drug
(as such term is defined in section 213(d)(3)).
``(IV) Treatment for injuries occurring in the course of
employment.
``(V) Preventive care for chronic conditions (as defined in
clause (iv)).
``(VI) Management of chronic conditions or diseases.
``(VII) Drug testing.
``(VIII) Hearing or vision screenings and related services.
``(IX) Testing, vaccines, or treatments for the virus SARS-
CoV-2 or coronavirus disease 2019 (COVID-19).

``(iii) Aggregation.--For purposes of clause (i), all
persons treated as a single employer under subsection (b),
(c), (m), or (o) of section 414 shall be treated as a single
employer.
``(iv) Preventive care for chronic conditions.--For
purposes of this subparagraph, the term `preventive care for
chronic conditions' means any item or service specified in
the Appendix of Internal Revenue Service Notice 2019-45 which
is prescribed to treat an individual diagnosed with the
associated chronic condition specified in such Appendix for
the purpose of preventing the exacerbation of such chronic
condition or the development of a secondary condition,
including any amendment, addition, removal, or other
modification made by the Secretary (pursuant to the authority
granted to the Secretary under paragraph (2)(C)) to the items
or services specified in such Appendix subsequent to the date
of enactment of this subparagraph.
``(v) Termination.--This subparagraph shall not apply to
any taxable year beginning after December 31, 2021.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2019.

SEC. 207. SUPPORT FOR OLDER FOSTER YOUTH.

(a) Funding Increases.--The dollar amount specified in
section 477(h)(1) of the Social Security Act (42 U.S.C.
677(h)(1)) for fiscal year 2020 is deemed to be $193,000,000.
(b) Programmatic Flexibility.--During the COVID-19 public
health emergency:
(1) Suspension of certain requirements under the education
and training voucher program.--The Secretary may allow a
State to waive the applicability of the requirement in
section 477(i)(3) of the Social Security Act (42 U.S.C.
677(i)(3)) that a youth must be enrolled in a postsecondary
education or training program or making satisfactory progress
toward completion of that program if a youth is unable to
meet these requirements due to the public health emergency.
(2) Authority to waive limitations on percentage of funds
used for housing assistance and eligibility for such
assistance.--Notwithstanding subsections (b)(3)(B) and
(b)(3)(C) of section 477 of the Social Security Act (42
U.S.C. 677), a State may--
(A) use more than 30 percent of the amounts paid to the
State from its allotment under subsection (c) of such section
for a fiscal year for room or board payments; and
(B) expend amounts paid to the State from its allotment
under subsection (c) of such section for a fiscal year for
room or board for youth who have attained age 18, are no
longer in foster care or otherwise eligible for services
under such section, and experienced foster care at 14 years
of age or older.
(c) Special Rules.--
(1) Nonapplication of matching funds requirement for
increased funding.--With respect to the amount allotted to a
State under section 477(c)(1) of the Social Security Act (42
U.S.C. 677(c)(1)) for fiscal year 2020, the Secretary shall
apply section 474(a)(4)(A)(i) of such Act (42 U.S.C.
674(a)(4)(A)(i)) to the additional amount of such allotment
resulting from the deemed increase in the dollar amount
specified in section 477(h)(1) of such Act (42 U.S.C.
677(h)(1)) for fiscal year 2020 under subsection (a) by
substituting ``100 percent'' for ``80 percent''.
(2) No reservation for evaluation, technical assistance,
performance measurement, and data collection activities.--
Section 477(g)(2) of such Act (42 U.S.C. 677(g)(2)) shall not
apply to the portion of the deemed dollar amount for section
477(h)(1) of such Act (42 U.S.C. 677(h)(1)) for fiscal year
2020 under subsection (a) that exceeds the dollar amount
specified in that section for such fiscal year.
(d) Definitions.--In this section:
(1) COVID-19 public health emergency.--The term ``COVID-19
public health emergency'' means the public health emergency
declared by the Secretary pursuant to section 319 of the
Public Health Service Act on January 31, 2020, entitled
``Determination that a Public Health Emergency Exists
Nationwide as the Result of the 2019 Novel Coronavirus'' and
includes any renewal of such declaration pursuant to such
section 319.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.

SEC. 208. COURT IMPROVEMENT PROGRAM.

(a) Temporary Funding Increases.--Out of any money in the
Treasury of the United States not otherwise appropriated,
there are appropriated to the Secretary, $10,000,000 for
fiscal year 2020 for making grants in accordance with this
section to the highest State courts described in section 438
of the Social Security Act (42 U.S.C. 629h). Grants made
under this section shall be considered to be Court
Improvement Program grants made under such section 438,
subject to the succeeding provisions of this section.
(b) Distribution of Funds.--
(1) In general.--From the amount appropriated under
subsection (a), the Secretary shall--
(A) reserve up to $500,000 for Tribal court improvement
activities; and
(B) pay from the amount remaining after the application of
subparagraph (A), a grant to each highest State court that is
approved to receive a grant under section 438 of the Social
Security Act for the purpose described in subsection (a)(3)
of that section for fiscal year 2020 .
(2) Amount.--The amount of the grant awarded to a highest
State court under this section is equal to the sum of--
(A) $85,000; and
(B) the amount that bears the same ratio to the amount
appropriated under subsection (a) that remains after the
application of paragraph (1)(A) and subparagraph (A) of this
paragraph, as the number of individuals in the State who have
not attained 21 years of age bears to the total number of
such individuals in all States (based on the most recent year
for which data are available from the Bureau of the Census).
(3) Other rules.--
(A) In general.--The grants awarded to the highest State
courts under this section shall be in addition to any grants
made to such courts under section 438 of such Act for any
fiscal year.
(B) No matching requirement.--The limitation on the use of
funds specified in section 438(d) of such Act (42 U.S.C.
629h(d)) shall not apply to the grants awarded under this
section.
(C) No additional application.--The Secretary shall award
grants to the highest State courts under this section without
requiring such courts to submit an additional application.
(D) Reports.--The Secretary may establish reporting
criteria specific to the grants awarded under this section.
(E) Redistribution of funds.--If a highest State court does
not accept a grant awarded under this section, or does not
agree to comply with any reporting requirements imposed under
subparagraph (D) or the use of funds requirements specified
in subsection (c), the Secretary shall redistribute the grant
funds that would have been awarded to that court among the
other highest State courts that are awarded grants under this
section and agree to comply with such reporting and use of
funds requirements.
(c) Use of Funds.--A highest State court awarded a grant
under this section shall use the grant funds to address needs
stemming from the COVID-19 public health emergency, which may
include any of the following:
(1) Technology investments to facilitate the transition to
remote hearings for dependency courts when necessary as a
direct result of the COVID-19 public health emergency.
(2) Training for judges, attorneys, and caseworkers on
facilitating and participating in remote technology hearings
that still comply with due process, meet Congressionally
mandated requirements, ensure child safety and well-being,
and help inform judicial decision-making.
(3) Programs to help families address aspects of the case
plan to avoid delays in legal proceedings that would occur as
a direct result of the COVID-19 public health emergency.

[[Page S4768]]

(4) Other purposes to assist courts, court personnel, or
related staff related to the COVID-19 public health
emergency.
(d) Definitions.--In this section:
(1) COVID-19 public health emergency.--The term ``COVID-19
public health emergency'' means the public health emergency
declared by the Secretary pursuant to section 319 of the
Public Health Service Act on January 31, 2020, entitled
``Determination that a Public Health Emergency Exists
Nationwide as the Result of the 2019 Novel Coronavirus'' and
includes any renewal of such declaration pursuant to such
section 319.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.

Subtitle B--Emergency Support and COVID-19 Protection for Nursing Homes

SEC. 211. DEFINITIONS.

In this subtitle:
(1) COVID-19.--The term ``COVID-19'' means the 2019 Novel
Coronavirus or 2019-nCoV.
(2) COVID-19 public health emergency period.--The term
``COVID-19 public health emergency period'' means the period
beginning on the first day of the emergency period defined in
paragraph (1)(B) of section 1135(g) of the Social Security
Act (42 U.S.C. 1320b-5(g)) and ending on the last day of the
calendar quarter in which the last day of such emergency
period occurs.
(3) Nursing facility.--The term ``nursing facility'' has
the meaning given that term in section 1919(a) of the Social
Security Act (42 U.S.C. 1396r(a)).
(4) Participating provider.--The term ``participating
provider'' means a skilled nursing facility or a nursing
facility that has been assigned a national provider
identifier number by the Secretary and has executed an
agreement to participate in the Medicare program established
under title XVIII of the Social Security Act (42 U.S.C. 1395
et seq.) or the Medicaid program established under title XIX
of such Act (42 U.S.C. 1396 et seq.).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(6) Skilled nursing facility.--The term ``skilled nursing
facility'' has the meaning given that term in section 1819(a)
of the Social Security Act (42 U.S.C. 1395i-3(a)).
(7) State.--Except as otherwise provided, the term
``State'' has the meaning given such term for purposes of
title XIX of the Social Security Act (42 U.S.C. 1396 et
seq.).

SEC. 212. ESTABLISHING COVID-19 STRIKE TEAMS FOR NURSING
FACILITIES.

(a) In General.--The Secretary is authorized to establish
and support the operation of strike teams comprised of
individuals with relevant skills, qualifications, and
experience to respond to COVID-19-related crises in
participating providers during the COVID-19 public health
emergency period, based on data reported by such providers to
the Centers for Disease Control and Prevention.
(b) Mission and Composition of Strike Teams.--
(1) In general.--Strike teams established by the Secretary
may include assessment, testing, and clinical teams, and a
mission for each such team may include performing medical
examinations, conducting COVID-19 testing, and assisting
participating providers with the implementation of infection
control practices (such as quarantine, isolation, or
disinfection procedures).
(2) Letter of authorization.--Strike teams and members of
such teams shall be subject to the Secretary's oversight and
direction and the Secretary may issue a letter of
authorization to team members describing--
(A) the individual's designation to serve on 1 or more
teams under an emergency proclamation by the Secretary;
(B) the mission of the team;
(C) the authority of the individual to perform the team
mission;
(D) the individual's authority to access places, persons,
and materials necessary for the team member's performance of
the team's mission;
(E) the requirement that team members maintain the
confidentiality of patient information shared with such
individuals by a participating provider; and
(F) the required security background checks that the
individual has passed.
(3) Secretarial oversight.--The Secretary may, at any time,
disband any strike team and rescind the letter of
authorization for any team member.
(4) Team and member authority.--A team and team member may
not use the letter of authorization described in paragraph
(2) for any purpose except in connection with the team's
mission of acting in good faith to promote resident and
employee safety in participating providers in which COVID-19
is confirmed to be present.
(5) Administration.--The Secretary, in consultation with
the Director of the Centers for Disease Control and
Prevention, may establish protocols and procedures for
requesting the assistance of a strike team established under
this section and any other procedures deemed necessary for
the team's operation.
(6) Supplementation of other response efforts.--Strike
teams established by the Secretary under this section shall
supplement and not supplant response efforts carried out by a
State strike team or a technical assistance team established
by the Secretary during the COVID-19 public health emergency
period

SEC. 213. PROMOTING COVID-19 TESTING AND INFECTION CONTROL IN
NURSING FACILITIES.

(a) Nursing Home Protections.--The Secretary, in
consultation with the Elder Justice Coordinating Council, is
authorized during the COVID-19 public health emergency period
to enhance efforts by participating providers to respond to
COVID-19, including through--
(1) development of online training courses for personnel of
participating providers, survey agencies, the long-term care
ombudsman of each State, and other individuals to facilitate
the implementation of subsection (b);
(2) enhanced diagnostic testing of visitors to, personnel
of, and residents of, participating providers in which
measures of COVID-19 in the community support more frequent
testing for COVID-19;
(3) development of training materials for personnel of
participating providers, the long-term care ombudsman of each
State, and other individuals to facilitate the implementation
of subsection (c); and
(4) providing support to participating providers in areas
deemed by the Secretary to require additional assistance due
to the presence COVID-19 infections.
(b) Training on Best Practices in Infection Control and
Prevention.--
(1) In general.--The Secretary shall develop training
courses on infection control and prevention, including
cohorting, strategies and use of telehealth to mitigate the
transmission of COVID-19 in participating providers during
the COVID-19 public health emergency period.
(2) Development.--To the extent practicable, the training
programs developed by the Secretary under this subsection
shall use best practices in infection control and prevention.
(3) Coordination with other federal entities.--The
Secretary shall seek input as appropriate on the training
courses developed under this subsection from the Elder
Justice Coordinating Council and the Director of the Centers
for Disease Control and Prevention.
(4) Interactive website.--The Secretary is authorized to
create an interactive website to disseminate training
materials and related information in the areas of infection
control and prevention, for purposes of carrying out this
subsection during the COVID-19 public health emergency
period.

SEC. 214. PROMOTING TRANSPARENCY IN COVID-19 REPORTING BY
NURSING FACILITIES.

Not later than 10 days after the date of enactment of this
Act, and at least weekly thereafter during the COVID-19
public health emergency period, the Secretary shall provide
the Governor of each State with a list of all participating
providers in the State with respect to which the reported
cases of COVID-19 in visitors to, personnel of, and residents
of, such providers increased during the previous week (or, in
the case of the first such list, during the 10-day period
beginning on the date of enactment of this Act).

SEC. 215. FUNDING.

The Secretary may use amounts appropriated for COVID-19
response and related activities pursuant to the CARES Act
(Public Law 116-136) and subsequently enacted legislation to
carry out this subtitle.
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