[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7686 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 7686
To amend the Public Health Service Act to establish a program to
provide full compensation to any essential COVID-19 frontline worker
who was seriously injured or died as a result of having COVID-19, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 20, 2020
Mr. Kennedy introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Public Health Service Act to establish a program to
provide full compensation to any essential COVID-19 frontline worker
who was seriously injured or died as a result of having COVID-19, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``COVID-19 Essential Workers
Compensation Fund Act of 2020''.
SEC. 2. COMPENSATING ESSENTIAL COVID-19 FRONTLINE WORKERS WHO ARE
SERIOUSLY INJURED OR DIE.
Title II of the Public Health Service Act (42 U.S.C. 202 et seq.)
is amended by adding at the end the following:
``PART E--COMPENSATING COVID-19 FRONTLINE WORKERS WHO ARE SERIOUSLY
INJURED OR DIE AS A RESULT OF HAVING COVID-19
``SEC. 275. DEFINITIONS.
``In this part, the following definitions apply:
``(1) Claimant.--The term `claimant' means an individual
filing a claim for compensation under section 275D(a)(1).
``(2) Collateral source.--The term `collateral source'
means all collateral sources, including life insurance, pension
funds, death benefit programs, and payments by Federal, State,
or local governments related to injury or death as a result of
having COVID-19.
``(3) Economic loss.--
``(A) The term `economic loss' means any pecuniary
loss resulting from harm (including the loss of
earnings or other benefits related to employment,
replacement services loss, loss due to death, burial
costs, loss of business or employment opportunities,
past and anticipated out-of-pocket medical expense
loss) to the extent recovery for such loss is allowed
under applicable State law.
``(B) Notwithstanding subparagraph (A), in
calculating economic loss for purposes of a claim for
compensation under section 275C(a)(1), the total loss
of earnings related to employment shall not exceed
$200,000 for any 12-month period.
``(4) Eligible essential covid-19 frontline worker.--The
term `eligible essential COVID-19 frontline worker' means an
essential COVID-19 frontline worker determined to be eligible
for compensation under section 275C(d).
``(5) Essential covid-19 frontline worker.--The term
`essential COVID-19 frontline worker' means a worker whose
job--
``(A) is included in the `healthcare/public health'
category of essential critical infrastructure workers
in version 3.0 of the guidance of the Department of
Homeland Security issued on April 17, 2020, and titled
`Guidance on the Essential Critical Infrastructure
Workforce: Ensuring Community and National Resilience
in COVID-19 Response';
``(B) is included in another category of essential
critical infrastructure workers in version 3.0 of such
guidance;
``(C) is to deliver goods or transport people
during the COVID-19 public health emergency, but is not
included in any of the categories described in
subparagraphs (A) and (B); or
``(D) is determined by the Eligibility Committee to
warrant treating such a worker as an essential COVID-19
frontline worker.
``(6) Noneconomic losses.--The term `noneconomic losses'
means losses for physical and emotional pain, suffering,
inconvenience, physical impairment, mental anguish,
disfigurement, loss of enjoyment of life, loss of society and
companionship, loss of consortium (other than loss of domestic
service), hedonic damages, injury to reputation, and all other
nonpecuniary losses of any kind or nature.
``(7) Secretary.--Except as inconsistent with this section,
the term `Secretary' means the Secretary of Health and Human
Services.
``(8) Seriously injured.--The term `seriously injured'
means having injuries that--
``(A) give rise to a substantial risk of death; or
``(B) cause serious, permanent disfigurement or
prolonged loss or impairment of the function of any
body part or organ.
``(9) Special master.--The term `Special Master' means the
Special Master appointed under section 275B(a).
``SEC. 275A. COMPENSATION PROGRAM.
``The Secretary shall carry out a program to provide full
compensation to any essential COVID-19 frontline worker (or one or more
representatives acting on behalf of a deceased essential COVID-19
frontline worker) who was seriously injured or died as a result of
having COVID-19.
``SEC. 275B. ADMINISTRATION.
``(a) In General.--The Secretary, acting through a Special Master
appointed by the Secretary, shall--
``(1) administer the compensation program established under
this part;
``(2) promulgate all procedural and substantive rules for
the administration of this part; and
``(3) employ and supervise hearing officers and other
administrative personnel to perform the duties of the Special
Master under this part.
``(b) Appointment of Special Master and Deputy Special Masters.--
The Secretary may appoint a Special Master and no more than two Deputy
Special Masters without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service. Any
such employee shall serve at the pleasure of the Secretary. The
Secretary shall fix the annual salary of the Special Master and the
Deputy Special Masters.
``(c) Eligibility Committee.--
``(1) Establishment.--The Secretary shall establish a
committee, to be known as the Eligibility Committee.
``(2) Composition.--The Eligibility Committee shall be
composed of seven members, of which--
``(A) five shall be appointed by the Secretary of
Health and Human Services, of which--
``(i) at least two shall be mental health
professionals; and
``(ii) at least one shall be an infectious
disease clinician; and
``(B) two shall be appointed by the Secretary of
Labor.
``(3) Duties.--The Eligibility Committee, in consultation
with the Special Master, shall determine--
``(A) as described in section 275(5)(C), the jobs,
in addition to those described in section 275(5)(A),
warranting treatment of workers performing such jobs as
essential COVID-19 frontline workers;
``(B) in accordance with section 275C, any other
requirements needing to be met to be eligible for
compensation under this part; and
``(C) hear and decide appeals brought pursuant to
section 275C(b)(3)(A).
``SEC. 275C. DETERMINATION OF ELIGIBILITY FOR COMPENSATION.
``(a) Filing of Claim.--
``(1) In general.--A claimant may file a claim for
compensation under this part with the Special Master. The claim
shall be on the form developed under paragraph (2) and shall
state the factual basis for eligibility for compensation and
the amount of compensation sought.
``(2) Claim form.--
``(A) In general.--The Special Master shall develop
a claim form that claimants shall use when submitting
claims under paragraph (1). The Special Master shall
ensure that such form can be filed electronically, if
determined to be practicable.
``(B) Contents.--The form developed under
subparagraph (A) shall request--
``(i) information from the claimant
concerning the serious injury that the claimant
suffered, or in the case of a claim filed with
respect to a decedent information confirming
the decedent's death, as a result of having
COVID-19;
``(ii) in the case of a claim concerning
such serious injury, information concerning any
economic and noneconomic losses that the
claimant suffered as a result of the serious
injury; and
``(iii) information regarding collateral
sources of compensation the claimant has
received or is entitled to receive as a result
of such injury or death.
``(3) Limitation.--No claim may be filed under paragraph
(1) after calendar year 2029.
``(b) Review and Determination.--
``(1) Review.--The Special Master shall review a claim
submitted under subsection (a) and, with respect to a claimant
determined to be an eligible individual, determine--
``(A) in the case of a claim concerning serious
injury, the extent of the economic and noneconomic
losses that the claimant suffered as a result of the
injury; and
``(B) in the case of a claim concerning serious
injury or death, the amount of compensation to which
the claimant is entitled under this part.
``(2) Negligence.--With respect to a claimant, the Special
Master shall not consider negligence or any other theory of
liability.
``(3) Determination.--
``(A) Process.--Not later than 120 days after that
date on which a claim is filed under subsection (a),
the Special Master shall complete a review, make a
determination, and provide written notice to the
claimant, with respect to the matters that were the
subject of the claim under review. Such a determination
shall be final and not subject to judicial review,
except that a claimant may appeal the Special Master's
determination to the Eligibility Committee established
under section 275B(c).
``(B) Amount of compensation for seriously injured
claimants.--The amount of the compensation awarded
under this part to a claimant who was seriously injured
as a result of having COVID-19 shall be equal to the
amount of--
``(i) the economic losses and noneconomic
losses of the claimant as a result of having
COVID-19; less
``(ii) the collateral source compensation
the claimant has received or is entitled to
receive as a result of having COVID-19.
``(C) Additional compensation for decedents.--In
lieu of any compensation described in subparagraph (B),
the amount of the compensation awarded under this part
in the case of a claimant who died as a result of
having COVID-19 shall be--
``(i) full payment of any outstanding
educational loans of the decedent, including
private loans, including principal and
interest;
``(ii) a death benefit of $250,000 paid to
the estate of the decedent; and
``(iii) an additional death benefit of
$100,000 paid to the spouse and each dependent
of the decedent.
``(4) Rights of claimant.--A claimant in a review under
paragraph (1) shall have--
``(A) the right to be represented by an attorney;
``(B) the right to present evidence, including the
presentation of witnesses and documents; and
``(C) any other due process rights determined
appropriate by the Special Master.
``(5) No punitive damages.--The Special Master may not
include amounts for punitive damages in any compensation paid
under a claim under this part.
``(6) No cap.--The Special Master--
``(A) shall, with respect to each claimant, award
the full amount of the compensation calculated under
paragraph (3); and
``(B) may not impose a cap on the total amount of
such compensation.
``(c) No Consideration of Race, Ethnicity, Gender, Religion, or
Sex.--Notwithstanding any other provision of law, the Special Master
and Eligibility Committee may not award damages to a claimant as part
of any compensation under this part using a calculation of the
projected future earning potential of that claimant that takes into
account race, color, ethnicity, national origin, religion, disability,
or sex (including gender, gender identity, and sexual orientation).
``(d) Eligibility.--
``(1) In general.--A claimant shall be determined to be an
eligible essential COVID-19 frontline worker for purposes of
this subsection if the Special Master determines that such
claimant, during the COVID-19 emergency period, is an essential
COVID-19 frontline worker (or is a representative acting on
behalf of a deceased essential COVID-19 frontline worker) who
was seriously injured or died as a result of having (including
being presumed to have) COVID-19, including an essential COVID-
19 frontline worker who committed suicide because of a mental
health condition that was exacerbated or contributed to by
COVID-19.
``(2) Single claim.--Not more than one claim may be
submitted under this part with respect to compensation arising
from the death of an eligible essential COVID-19 frontline
worker.
``(3) Definition.--In this subsection, the term `COVID-19
emergency period' has the meaning given to the term `emergency
period' in section 1135(g)(1)(B) of the Social Security Act.
``SEC. 275D. PAYMENTS TO ELIGIBLE INDIVIDUALS.
``(a) In General.--Not later than 20 days after the date on which a
determination is made by the Special Master regarding the amount of
compensation due a claimant under this part, the Special Master shall
authorize payment to such claimant of the amount determined with
respect to the claimant.
``(b) Payment Authority.--This part constitutes budget authority in
advance of appropriations Acts and represents the obligation of the
Federal Government to provide for the payment of amounts for
compensation under this part.
``SEC. 275E. REGULATIONS.
``Not later than 90 days after the date of enactment of this part,
the Secretary, in consultation with the Special Master, shall
promulgate regulations to carry out this part, including regulations
with respect to--
``(1) forms to be used in submitting claims under this
part;
``(2) the information to be included in such forms;
``(3) procedures for hearing and the presentation of
evidence;
``(4) procedures to assist an individual in filing and
pursuing claims under this part; and
``(5) other matters determined appropriate by the
Secretary.
``SEC. 275F. RIGHT OF SUBROGATION.
``The United States shall have the right of subrogation with
respect to any claim paid by the United States under this part.
``SEC. 275G. REPORT ON HEALTH OUTCOMES.
``Not later than 2 years after the date of enactment of this part,
the Secretary of Health and Human Services shall submit to the Congress
and make publicly available a report on--
``(1) whether the duration for which a health care provider
or other worker is exposed to individuals with COVID-19 impacts
health outcomes; and
``(2) whether the number of essential COVID-19 frontline
workers residing in a community impacted the spread of COVID-19
in the community.
``SEC. 275H. FUNDING.
``(a) Compensation.--To pay the compensation owed to claimants
under this part, there is authorized to be appropriated, and there is
appropriated, out of amounts in the Treasury not otherwise obligated,
such sums as may be necessary.
``(b) Administrative and Support Costs.--For the administrative and
support costs of carrying out this part, there are authorized to be
appropriated such sums as may be necessary.
``SEC. 275I. SUNSET DATE.
``The program under this part shall terminate on January 1,
2035.''.
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