[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3517 Introduced in Senate (IS)]
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116th CONGRESS
2d Session
S. 3517
To increase the ability of nursing facilities to access to telehealth
services and obtain technologies to allow virtual visits during the
public health emergency relating to an outbreak of coronavirus disease
2019 (COVID-19), and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 18, 2020
Ms. Klobuchar (for herself and Mr. Casey) introduced the following
bill; which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To increase the ability of nursing facilities to access to telehealth
services and obtain technologies to allow virtual visits during the
public health emergency relating to an outbreak of coronavirus disease
2019 (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 ``Advancing Connectivity during the
Coronavirus to Ensure Support for Seniors Act'' or the ``ACCESS Act''.
TITLE I--SUPPLEMENTAL APPROPRIATIONS
SEC. 101. SUPPLEMENTAL APPROPRIATIONS.
The following sums are hereby appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2020, and for other purposes, namely:
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
rural health
For an additional amount for the Telehealth Resource Center of the
Federal Office of Rural Health Policy of the Office for the Advancement
of Telehealth, to provide assistance with respect to technical, legal,
regulatory service delivery or other related barriers to the
development of telehealth technologies for skilled nursing facilities
(as defined in section 1819 of the Social Security Act) and nursing
facilities (as defined in section 1919 of such Act), $50,000,000 to
remain available through September 30, 2021.
TITLE II--INCREASED ACCESS TO TELEHEALTH SERVICES AND OTHER
TECHNOLOGIES
SEC. 201. DEFINITIONS.
In this title:
(1) COVID-19 public health emergency period.--The term
``COVID-19 public health emergency period'' means the portion
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))
beginning on or after the date of the enactment of this Act.
(2) Medicaid program.--The term ``Medicaid program'' means,
with respect to a State, the State program under title XIX of
the Social Security Act (42 U.S.C. 1396 et seq.) (including any
waiver or demonstration under such title or under section 1115
of such Act (42 U.S.C. 1315) relating to such title).
(3) Medicare.--The term ``Medicare'' means the program of
health insurance for the aged and disabled established under
title XVIII of the Social Security Act.
(4) 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)).
(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.--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. 202. IDENTIFICATION OF BARRIERS TO NURSING FACILITIES ACCESSING
TELEHEALTH SERVICES UNDER MEDICARE AND MEDICAID DURING
THE COVID-19 PUBLIC HEALTH EMERGENCY.
(a) Congressional Briefing.--Not later than 15 days after the date
of enactment of this Act, the Secretary shall brief the congressional
committees specified in subsection (c) on options for immediately
increasing access during the COVID-19 public health emergency period to
telehealth services for which payment is available under Medicare for
skilled nursing facilities and under Medicaid for nursing facilities.
The briefing shall also include--
(1) information regarding the extent to which access to
telehealth services is required for any facilities that are
temporarily designated during the COVID-19 public health
emergency period as participating providers under Medicare,
Medicaid, or both, for purposes of furnishing skilled nursing
services or nursing facility services to individuals who are
eligible for such services under Medicare or Medicaid; and
(2) recommendations for such administrative and legislative
actions, including with respect to funding, as the Secretary
determines are necessary.
(b) Report.--The Secretary shall submit a report to the
congressional committees specified in subsection (c) after the briefing
required under subsection (a) occurs that includes a summary of the
briefing, any new or additional information requested during such
briefing, and such other information as the Secretary determines
appropriate.
(c) Congressional Committees Specified.--The congressional
committees specified in this subsection are the following:
(1) The Committees on Finance, Health, Education, Labor,
and Pensions, Commerce, Science, and Transportation, and the
Special Committee on Aging of the Senate.
(2) The Committees on Ways and Means and Energy and
Commerce of the House of Representatives.
SEC. 203. AUTHORITY TO AWARD GRANTS TO NURSING FACILITIES FOR
SUPPORTING VIRTUAL VISITS DURING THE COVID-19 PUBLIC
HEALTH EMERGENCY.
(a) In General.--The Secretary shall award grants directly to
skilled nursing facilities and nursing facilities in accordance with
this section to support virtual visits by family members and other
individuals for residents of such facilities during the COVID-19 public
health emergency period.
(b) Application Requirements.--A facility seeking a grant under
this section shall submit an application to the Secretary at such time,
in such form and manner, and containing such information as the
Secretary shall require.
(c) Use of Funds.--A facility awarded a grant under this section
may only use the funds for expenditures attributable to obtaining and
using--
(1) technologies to support virtual visits by family
members and other individuals for residents of the facility;
and
(2) any other items or services necessary to carry out the
purposes for the grant described in subsection (a).
(d) FCC Coordination.--
(1) In general.--The Federal Communications Commission (in
this subsection referred to as the ``Commission'') shall
coordinate with the Secretary in implementing the grant program
established under this section.
(2) Waiver authority.--The Commission shall waive such
requirements of the Rural Health Care program under subpart G
of part 54 of title 47, Code of Federal Regulations (or any
successor regulation) as necessary, and for such periods as
necessary, to ensure all facilities awarded a grant under this
section are able to carry out the purposes for the grant
described in subsection (a).
(e) Limitations.--
(1) Termination of authority.--The Secretary shall not
award any grants under this section after the end of the COVID-
19 public health emergency period.
(2) Supplement, not supplant.--Federal funds paid to a
skilled nursing facility or a nursing facility pursuant to this
section must be used to supplement, but not supplant, any other
Federal, State, or local funds available to the facility that
may be used for a purpose specified in subsection (c).
(f) Report.--Not later than 30 days after the end of the COVID-19
public health emergency period, the Secretary shall submit a report to
Congress on the grants awarded under this section.
(g) Appropriation.--There are appropriated to the Secretary for
fiscal year 2020 from any funds in the Treasury not otherwise
appropriated, such sums as are necessary to carry out this section, to
remain through the last day of the month following the month in which
the COVID-19 public health emergency period ends.
TITLE III--MISCELLANEOUS
SEC. 301. EMERGENCY DESIGNATION.
(a) In General.--The amounts provided by this Act are designated as
an emergency requirement pursuant to section 4(g) of the Statutory Pay-
As-You-Go Act of 2010 (2 U.S.C. 933(g)).
(b) Designation in Senate.--In the Senate, this Act is designated
as an emergency requirement pursuant to section 4112(a) of H. Con. Res.
71 (115th Congress), the concurrent resolution on the budget for fiscal
year 2018.
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