[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8901 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 8901
To amend title 38, United States Code, to establish new requirements
for State homes for veterans that receive per diem from the Secretary
of Veterans Affairs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 8, 2020
Mr. Kennedy (for himself and Mr. Neal) introduced the following bill;
which was referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to establish new requirements
for State homes for veterans that receive per diem from the Secretary
of Veterans Affairs, 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 ``Holyoke Veterans Act''.
SEC. 2. STATE HOMES FOR VETERANS: GOVERNING BODIES; ADMINISTRATORS;
INFECTION PREVENTIONISTS.
(a) In General.--Section 1741 of title 38, United States Code, is
amended by adding at the end the following new subsection:
``(g) A State home shall--
``(1) have a governing body that--
``(A) is legally responsible for establishing and
implementing policies regarding the management and
operation of the State home;
``(B) consists of more than one person; and
``(C) appoints an administrator or deputy
superintendent described in paragraph (2);
``(2) employ an administrator or deputy superintendent
who--
``(A) is licensed by the State, if required by
State law; and
``(B) meets standards established by the Secretary
of Health and Human Services under subsection (f)(4) of
sections 1819 and 1919 of the Social Security Act (42
U.S.C. 1395i-3, 1396r);
``(3) employ an infection preventionist (as that term is
defined in section 1744a of this title); and
``(4) include in information submitted each year to the
Secretary--
``(A) the name of the infection preventionist under
paragraph (3); and
``(B) an emergency plan, updated annually, in case
of public health emergency or other disaster.''.
(b) Funding of Infection Preventionists.--
(1) Establishment.--Chapter 17 of title 38, United States
Code, is amended by inserting after section 1744 the following
new section:
``Sec. 1744a. Hiring and retention of infection preventionists:
payments to assist States
``(a) Payment Program.--The Secretary shall make payments to States
under this section for the purpose of assisting State homes in the
hiring and retention of infection preventionists.
``(b) Eligible Recipients.--Payments to a State for a fiscal year
under this section shall, subject to submission of an application, be
made to any State that during that fiscal year receives per diem
payments under this subchapter for that fiscal year.
``(c) Limitations on Amount of Payment.--A payment under this
section may not be used to provide more than 50 percent of the salary
or wages for an infection preventionist for a fiscal year.
``(d) Applications.--A payment under this section for any fiscal
year with respect to any State home may only be made based upon an
application submitted by the State seeking the payment with respect to
that State home. Any such application shall describe the salary or
wages of the infection preventionist.
``(e) Source of Funds.--Payments under this section shall be made
from funds available for other payments under this subchapter.
``(f) Disbursement.--Payments under this section to a State home
shall be made as part of the disbursement of payments under section
1741 of this title with respect to that State home.
``(g) Use of Certain Receipts.--The Secretary shall require as a
condition of any payment under this section that, in any case in which
the State home receives a refund payment made by an employee in breach
of the terms of an agreement for employee assistance that used funds
provided under this section, the payment shall be returned to the State
home's incentive program account and credited as a non-Federal funding
source.
``(h) Annual Report From Payment.--(1) Any State home receiving a
payment under this section for any fiscal year, shall, as a condition
of the payment, be required to agree to provide to the Secretary a
report setting forth in detail the use of funds received through the
payment, including the emergency plan under subsection (g) of section
1741 of this title.
``(2) The report for any fiscal year shall be provided to the
Secretary within 60 days of the close of the fiscal year and shall be
subject to audit by the Secretary. Eligibility for a payment under this
section for any later fiscal year is contingent upon the receipt by the
Secretary of the annual report under this subsection for the previous
fiscal year in accordance with this subsection.
``(i) Regulations.--The Secretary shall prescribe regulations to
carry out this section. The regulations shall include the establishment
of criteria for the award of payments under this section.
``(j) Infection Preventionist Defined.--In this section, the term
`infection preventionist' means an individual--
``(1) who has primary professional training in nursing,
medical technology, microbiology, epidemiology, or a related
field;
``(2) whom the Secretary determines is qualified by
education, training, experience, or certification;
``(3) who works at least part-time at the State home; and
``(4) who has completed specialized training in infection
prevention and control.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting, after the
item relating to section 1744, the following new item:
``1744a. Hiring and retention of infection preventionists: payments to
assist States.''.
(c) GAO Study.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit a report to Congress containing the results of a study
regarding how to improve oversight of State homes by the Secretary.
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