[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9031 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 9031
To amend title XVIII and XIX of the Social Security to require home
health agencies to provide personal protective equipment to workers and
submit related reports, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 18, 2020
Ms. Moore introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committee on
Ways and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend title XVIII and XIX of the Social Security to require home
health agencies to provide personal protective equipment to workers and
submit related reports, 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 ``Personal Protective Equipment for
Home Health Care Workers Act of 2020''.
SEC. 2. REQUIREMENTS FOR HOME HEALTH AGENCIES TO PROVIDE PERSONAL
PROTECTIVE EQUIPMENT TO WORKERS AND SUBMIT RELATED
REPORTS.
(a) Under the Medicare Program.--Section 1895 of the Social
Security Act (42 U.S.C. 1395fff) is amended by adding at the end the
following new subsection:
``(f) Requirements for Personal Protective Equipment.--
``(1) In general.--With respect to home health services
furnished during the period beginning on the date of the
enactment of this subsection and ending on the last day of the
emergency period described in section 1135(g)(1)(B) by a home
health agency--
``(A) no claim for such a service may be paid under
this title, unless the home health agency--
``(i) attests to the Secretary it has
provided or will provide personal protective
equipment to individuals working for the agency
at no cost to the individual during such
period; and
``(ii) so provides personal protective
equipment to individuals working for the agency
at no cost to the individual during such
period; and
``(B) in the case the Secretary finds the home
health agency is not in compliance with subparagraphs
(A) and (B) of paragraph (1), no claim for any such
service may be paid under this title to the home health
agency during the period that--
``(i) begins on the first day of such
noncompliance; and
``(ii) ending on the earlier of--
``(I) the last day of the 60-day
period after the home health agency is
in compliance with such subparagraphs;
and
``(II) the day that is 10 days
after the last day of the emergency
period described in section
1135(g)(1)(B).
``(2) Reports.--With respect to home health services
furnished by a home health agency, no claim for such a service
may be paid under this title, unless the home health agency
submits to the Secretary--
``(A) not later than 45 days after the enactment of
this subsection, an initial report that specifies the
number of deaths of individuals working for the agency
during the period beginning on the first date of the
emergency period described in section 1135(g)(1)(B) and
ending on the date such report is submitted,
disaggregated by week; and
``(B) reports to be submitted on a schedule to be
determined by the Secretary that specify the number of
deaths of individuals working for the agency during the
preceding 7-day period through the last day of such
emergency period.''.
(b) Under State Medicaid Programs.--Section 1903(i) of the Social
Security Act (42 U.S.C. 1396b(i)) is amended--
(1) in paragraph (26), by striking at the end ``or'';
(2) by inserting after paragraph (27) the following new
paragraphs:
``(28) for home health services furnished during the period
beginning on the date of the enactment of this subsection and
ending on the last day of the emergency period described in
section 1135(g)(1)(B) by a home health agency--
``(A) unless the home health agency--
``(i) attests to the Secretary it has
provided or will provide personal protective
equipment to individuals working for the agency
at no cost to the individual during such
period; and
``(ii) so provides personal protective
equipment to individuals working for the agency
at no cost to the individual during such
period; and
``(B) for home health services furnished by a home
health agency in the case the Secretary finds the home
health agency is not in compliance with clauses (i) and
(ii) of subparagraph (A) for the period that--
``(i) begins on the first day of such
noncompliance; and
``(ii) ending on the earlier of--
``(I) the last day of the 60-day
period after the home health agency is
in compliance with such subparagraphs;
or
``(II) the day that is 10 days
after the last day of the emergency
period described in section
1135(g)(1)(B); or
``(29) for home health services furnished by a home health
agency, unless the home health agency submits to the
Secretary--
``(A) not later than 45 days after the date of the
enactment of this paragraph, an initial report that
specifies the number of deaths of individuals working
for the agency during the period beginning on the first
date of the emergency period described in section
1135(g)(1)(B) and ending on the date such report is
submitted, disaggregated by week; and
``(B) reports to be submitted on a schedule to be
determined by the Secretary that specify the number of
deaths of individuals working for the agency during the
preceding 7-day period through the last day of such
emergency period.''.
(c) Under the Public Health and Social Services Emergency Fund.--
Any home health agency (as defined in section 1861(o) of the Social
Security Act (42 U.S.C. 1395x(o)) that has received funding under the
``PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND'' pursuant to title
VIII of division B of the Coronavirus Aid, Relief, and Economic
Security Act (Public Law 116-136) or the first paragraph of title I of
division B of the Paycheck Protection Program and Health Care
Enhancement Act (Public Law 116-139) before the date of the enactment
of this Act and does not comply with the requirements described in
clauses (i) and (ii) of paragraph (1)(A) and paragraph (2) of section
1895(f) of the Social Security Act (42 U.S.C. 1395fff(f)) may not
receive any additional funding under the ``PUBLIC HEALTH AND SOCIAL
SERVICES EMERGENCY FUND'' until the date that the home health agency is
in compliance with such requirements.
(d) Publicly Available Reports.--
(1) In general.--Subject to paragraph (2), the Secretary of
Health and Human Services shall make the reports required under
sections 1895(f)(2) and 1903(i)(29) of the Social Security Act
(42 U.S.C. 1395fff(f)(2); 1396b(i)(29)) and information
contained therein available to the public on the Internet
website of the Centers for Medicare & Medicaid Services in a
searchable format.
(2) HIPAA compliant information only; privacy for
individual workers.--The Secretary may only make available the
information described in paragraph (1) to the extent permitted
under the Federal regulations (concerning the privacy of
individually identifiable health information) promulgated under
section 264(c) of the Health Insurance Portability and
Accountability Act of 1996 and that prevents the identification
of individual workers.
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