[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3611 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 3611
To provide for improvements in the reimbursement of eligible health
care providers through the Provider Relief Fund, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 9, 2022
Mrs. Shaheen (for herself and Ms. Collins) introduced the following
bill; which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To provide for improvements in the reimbursement of eligible health
care providers through the Provider Relief Fund, 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 ``Provider Relief Fund Improvement
Act''.
SEC. 2. COVID-19 PROVIDER RELIEF FUND IMPROVEMENTS.
(a) Extension of Deadline for Eligible Health Care Providers To Use
Certain Funds Received From the COVID-19 Provider Relief Fund.--
(1) Payment received periods 1 and 2.--Effective June 29,
2021, the deadline by which an eligible health care provider is
required to use reimbursements from the Provider Relief Fund
received by such eligible health care provider during a covered
payment received period is extended until the end of the COVID-
19 emergency period.
(2) Adjustment of reporting time period.--The Secretary
shall make appropriate adjustments to the reporting time period
(as specified in the Provider Relief Fund guidance) that
corresponds to a covered payment received period to reflect the
extension of the applicable deadline under paragraph (1).
(3) Modification of deadline for period 3.--The deadline by
which an eligible health care provider is required to use
reimbursements from the Provider Relief Fund received by such
eligible health care provider during the Payment Received
Period referred to in the Provider Relief Fund Guidance as the
Period 3 specified in table 1 of such guidance (beginning on
January 1, 2021, and ending on June 30, 2021) shall be the
later of--
(A) the end of the COVID-19 emergency period; or
(B) June 30, 2022.
(b) Requirement To Distribute Remaining COVID-19 Provider Relief
Funds by March 31, 2022.--
(1) Requirement for distributions.--
(A) In general.--Not later than March 31, 2022, the
Secretary shall distribute to eligible health care
providers for health care related expenses or lost
revenues that are attributable to coronavirus, any
remaining funds appropriated to the Provider Relief
Fund as of the date of the enactment of this section
for reimbursements.
(B) Deadline to use funds.--The deadline by which
an eligible health care provider is required to use
reimbursements received pursuant to subparagraph (A) is
June 30, 2023.
(2) Accounting for health care related expenses or lost
revenues in the second, third, and fourth quarters of 2021.--
Notwithstanding any other provision of law, distributions made
under paragraph (1) to eligible health care providers shall
account for financial losses and changes in operating expenses
occurring in the second, third, or fourth quarter of calendar
year 2021, that are attributable to coronavirus.
(3) Allocation of payments returned due to previous
deadlines.--
(A) In general.--The Secretary shall establish a
process for eligible health care providers to apply to
receive funds from the Secretary in amounts up to the
amount each such provider returned to the Provider
Relief Fund due to previous reporting and use of funds
deadlines.
(B) Clarifications.--Funding under this paragraph
shall be--
(i) available with respect to amounts
returned by eligible health care providers
between June 30, 2021, and December 30, 2021;
and
(ii) in addition to amounts made available
to such providers under paragraph (1).
(c) Clarification of Use of Funds for Workplace Safety and
Security.--
(1) In general.--Funds appropriated to the Provider Relief
Fund for eligible health care providers and funds appropriated
under section 1150C of the Social Security Act (42 U.S.C.
1320b-26) for eligible health care providers (as defined in
subsection (e)(1) of such section) before, on, or after the
date of the enactment of this section may be used to reimburse
an eligible health care provider for expenses incurred by the
eligible health care provider for measures taken to establish
or improve the security of the workplace of such eligible
health care provider and improve the safety of personnel of
such eligible health care provider present at such workplace.
(2) Additional clarification of permissible expenses.--
Expenses for workplace security and safety of personnel of an
eligible health care provider described in paragraph (1) shall
include the following:
(A) Mitigation of risk of violence at the workplace
of such eligible health care provider, including the
employment of additional security personnel, conduct of
risk assessment activities, implementation of response
plans, implementation of small-scale changes to
physical plant (such as the addition of more secure
locks, the use of key card access, altering ingress and
egress points, and the installation of additional
security cameras), and staff education and training.
(B) Measures to prevent violence at the workplace
and against personnel of such eligible health care
provider, including education and training of personnel
on de-escalation protocols and installation of panic
buttons and other similar, required equipment.
(C) Trauma support for personnel with respect to
violence in the workplace, such as counseling and other
supports in the event of significant workplace safety
episodes, which may include events that do not result
in violence but may have significant impacts on
personnel and the operations of the eligible health
care provider (commonly referred to as near-misses).
(d) Definitions.--In this section:
(1) Coronavirus.--The term ``coronavirus'' means severe
acute respiratory syndrome coronavirus 2 (SARS-CoV-2) or
another coronavirus with pandemic potential.
(2) Covered payment received period.--The term ``covered
payment received period'' means, with respect to Payment
Received Periods referred to in the Provider Relief Fund
Guidance--
(A) the ``Period 1'' specified in table 1 of such
guidance (beginning on April 10, 2020, and ending on
June 30, 2020); and
(B) the ``Period 2'' specified in such table
(beginning on July 1, 2020, and ending on December 31,
2020).
(3) COVID-19 emergency period.--The term ``COVID-19
emergency period'' means the emergency period described in
section 1135(g)(1)(B) of the Social Security Act (42 U.S.C.
1320b-5(g)(1)(B)).
(4) Eligible health care provider.--The term ``eligible
health care provider'' has the meaning given such term in the
third proviso of the third paragraph under the heading
``Department of Health and Human Services--Office of the
Secretary--Public Health and Social Services Emergency Fund''
in division B of the CARES Act (Public Law 116-136).
(5) Provider relief fund.--The term ``Provider Relief
Fund'' means the funding appropriated to prevent, prepare for,
and respond to coronavirus, domestically or internationally,
for necessary expenses to reimburse, through grants or other
mechanisms, eligible health care providers for health care
related expenses or lost revenues that are attributable to
coronavirus for which appropriations are made under--
(A) the third paragraph under the heading
``Department of Health and Human Services--Office of
the Secretary--Public Health and Social Services
Emergency Fund'' in division B of the CARES Act (Public
Law 116-136);
(B) the first paragraph under the heading
``Department of Health and Human Services--Office of
the Secretary--Public Health and Social Services
Emergency Fund'' in division B of the Paycheck
Protection Program and Health Care Enhancement Act
(Public Law 116-139); and
(C) the third paragraph under the heading
``Department of Health and Human Services--Office of
the Secretary--Public Health and Social Services
Emergency Fund'' of the Coronavirus Response and Relief
Supplemental Appropriations Act, 2021 (division M of
the Consolidated Appropriations Act, 2021 (Public Law
116-260)).
(6) Provider relief fund guidance.--The term ``Provider
Relief Fund Guidance'' refers to the guidance entitled
``Provider Relief Fund General and Targeted Distribution Post-
Payment Notice of Reporting Requirements'' issued by the
Secretary of Health and Human Services on June 11, 2021.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services, acting through the Administrator
of the Health Resources and Services Administration.
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