Assisted Living Facility Coronavirus Reporting Act
This bill temporarily imposes reporting requirements related to COVID-19 (i.e., coronavirus disease 2019) cases in assisted living facilities on states as a condition of receiving certain federal COVID-19 relief funding.
Specifically, states must report each week on suspected and confirmed cases of COVID-19 in assisted living facilities to the Centers for Disease Control and Prevention (CDC), with the data disaggregated by race and other demographic characteristics. In addition, the Department of Health and Human Services must publish the information provided by states.
States must also require assisted living facilities to notify federal, state, and local health agencies and facility residents, their representatives, and their families within one calendar day of any confirmed cases of COVID-19 or the onset of new respiratory symptoms at a particular facility.
In addition, subject to some limitations, the bill applies federal COVID-19 reporting requirements for nursing facilities and skilled nursing facilities to assisted living facilities and requires the Government Accountability Office to evaluate the use of required reporting by nursing homes to prevent and control the spread of COVID-19 in such facilities.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7463 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 7463
To require States to meet assisted living facility reporting
requirements to qualify for future COVID-19 response funds.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 1, 2020
Mrs. Carolyn B. Maloney of New York 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 require States to meet assisted living facility reporting
requirements to qualify for future COVID-19 response funds.
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 ``Assisted Living Facility Coronavirus
Reporting Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Assisted living facility.--The term ``assisted living
facility'' means--
(A) an adult care facility that--
(i) is licensed and regulated by the State
in which the facility is located (or, if there
is no State law providing for such licensing
and regulation by the State, by the
municipality or other political subdivision in
which the facility is located);
(ii) makes available to residents
supportive services to assist the residents in
carrying out activities of daily living, such
as bathing, dressing, eating, getting in and
out of bed or chairs, walking, going outdoors,
using the toilet, laundry, home management,
preparing meals, shopping for personal items,
obtaining and taking medication, managing
money, using the telephone, or performing light
or heavy housework, and which may make
available to residents home health care
services, such as nursing and therapy; and
(iii) provides dwelling units for
residents, each of which may contain a full
kitchen and bathroom, and which includes common
rooms and other facilities appropriate for the
provision of supportive services to the
residents of the facility;
(B) an adult care facility that--
(i) is--
(I) licensed and regulated by the
State in which the facility is located
(or, if there is no State law providing
for such licensing and regulation by
the State, by the municipality or other
political subdivision in which the
facility is located); and
(II) similar to a skilled nursing
facility, (as defined in section
1819(a) of the Social Security Act (42
U.S.C. 1395i-3(a))), a nursing facility
(as defined in section 1919(a) of the
Social Security Act (42 U.S.C.
1396r(a))), or a board and care
facility (as defined in section 1616(e)
of the Social Security Act (42 U.S.C.
1382e(e))); or
(ii) is subject to the identification,
investigation, and resolution of complaints by,
or otherwise subject to the activities of, a
State Long-Term Care Ombudsman program
established under section 712 of the Older
Americans Act of 1965 (42 U.S.C. 3058g); or
(C) an adult care facility receiving Federal funds
through a State Medicaid program under title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.), including
through any waiver relating to such a program granted
under such title or title XI of such Act (42 U.S.C.
1301 et seq.).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 3. STATE REPORTING REQUIREMENTS FOR ASSISTED LIVING FACILITIES AND
COVID-19.
(a) In General.--As a condition of receiving funding to combat the
coronavirus pandemic under Federal legislation enacted on or after the
date of enactment of this Act which designates such funding as being
for emergency requirements pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(A)(i)), a State shall do the following:
(1) Within 30 days of the passage of this Act, begin weekly
reporting of the following information for each assisted living
facility located in the State to the Centers for Disease
Control and Prevention, disaggregated by race, ethnicity,
primary language, sex, sexual orientation, gender identity,
age, and disability status:
(A) The number of suspected and confirmed active
cases of Coronavirus Disease 2019 (COVID-19) among
residents and the number of suspected and confirmed
active cases of COVID-19 among staff of the facility.
(B) The number of residents and staff of the
facility, respectively, who, since the last report
under this paragraph, contracted severe respiratory
infections related to COVID-19 that resulted in
hospitalization and the number that resulted in death,
including deaths that occurred outside of the facility.
(C) The number COVID-19 diagnostic tests conducted
weekly on residents and staff of the facility,
respectively, and the percentage of those tests that
are positive among residents and staff of the facility,
respectively.
(D) The average time between testing a resident and
receiving the results of the test.
(E) The personal protective equipment, hand hygiene
supplies, ventilators, and medical supplies in the
facility.
(F) The total number of resident beds at, residents
living in, and staff employed by the facility.
(G) Other information specified by the Secretary.
(2) Within 30 days of the passage of this Act, report for
each assisted living facility in the State to the Centers for
Disease Control and Prevention, the information specified in
subparagraphs (A) through (G) of paragraph (1) for the period
of time between January 1, 2020, and the passage of this Act,
disaggregated by race, ethnicity, primary language, sex, sexual
orientation, gender identity, age, and disability status.
(3) Within 30 days of the passage of this Act, require each
assisted living facility in the State to inform the Centers for
Medicare & Medicaid Services, the Centers for Disease Control
and Prevention, State and local health officials, residents,
their representatives, and families of those residing in
facilities by 5 p.m. the next calendar day following the
occurrence of either a single confirmed infection of COVID-19
among the residents or staff of the facility or three or more
residents or staff of the facility presenting new-onset of
respiratory symptoms within 72 hours of each other. This
information shall--
(A) not include personally identifiable
information;
(B) include information on mitigating actions
implemented to prevent or reduce the risk of
transmission, including if normal operations of the
facility will be altered; and
(C) include any cumulative updates for residents,
their representatives, and families at least weekly or
by 5 p.m. the next calendar day following the
subsequent occurrence of--
(i) the identification of a confirmed
infection of COVID-19 among the residents or
staff of the facility; or
(ii) three or more residents or staff
presenting new onset of respiratory symptoms
within 72 hours of each other.
(b) Sunset.--The requirements of subsection (a) shall terminate if
and when the circumstances which led to the public health emergency
period described in section 1135(g)(1)(B) of the Social Security Act
(42 U.S.C. 1320b-5(g)(1)(B)) (relating to the coronavirus pandemic)
cease to exist and are unlikely to recur.
(c) Guidance.--Within 15 days of the date of enactment of this Act,
the Secretary shall issue guidance to States to ensure the information
reported in (a) is reported in an electronic, standardized format that
matches, to the extent practicable, the format applicable to
information reported to the Department of Health and Human Services by
skilled nursing facilities and nursing facilities on COVID-19 under
section 483.30(g) of title 42, Code of Federal Regulations (as amended
by the interim final rule of the Centers for Medicare & Medicaid
Services published on May 8, 2020 (85 Fed. Reg. 27550)), to enable the
comparison of COVID-19 outbreaks across congregate care settings.
(d) Publication of Information.--The Secretary shall publicly post
on the website of the Department of Health and Human Services, the
information received by the Department under section (a), and shall
update such information on a weekly basis.
(e) Extensions.--The Secretary may grant, at the request of a
State, a 30-day extension for the State report the information required
under paragraphs (1) and (2) of subsection (a) to allow the State to
develop the reporting infrastructure necessary to gather such
information from assisted living facilities.
SEC. 4. APPLICATION OF NURSING FACILITY REPORTING REQUIREMENTS TO
ASSISTED LIVING FACILITIES.
The Secretary shall provide that any COVID-19 reporting requirement
that applies to skilled nursing facilities (as defined in section
1819(a) of the Social Security Act (42 U.S.C. 1395i-3(a))) or nursing
facilities (as defined in section 1919(a) of the Social Security Act
(42 U.S.C. 1396r(a))) and is imposed on or after the date of enactment
of this Act under title XVIII or XIX of the Social Security Act (42
U.S.C. 1395 et seq., 1396 et seq.) or under a regulation promulgated
under such title shall apply in the same manner to assisted living
facilities, which shall report such information through the States
unless complying with such reporting requirement is not practicable in
the assisted living facility setting.
SEC. 5. GAO REPORT.
Not later than 2 years after the date of enactment of this Act, the
Comptroller General of the United States shall conduct an evaluation,
and submit to Congress, a report including--
(1) what is known about how required reporting of COVID-19
data on residents in nursing homes during the pandemic was used
to prevent or control COVID-19 cases or deaths, and how this
compares to the experience of other congregate care facilities
without required reporting of this data; and
(2) any lessons learned from required reporting of COVID-19
cases or deaths in nursing homes that could be applied to other
congregate care facilities during the COVID-19 pandemic, if it
continues, and similar public health emergencies in the future.
<all>
Introduced in House
Introduced in House
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.
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.
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