Frontline Heroes Act
This bill establishes temporary programs within the Department of Justice to compensate frontline health care workers or their survivors for disabilities or deaths resulting from COVID-19 (i.e., coronavirus disease 2019). The bill also requires the Centers for Disease Control and Prevention to collect COVID-19 outcome and mortality data for personnel of health care facilities and long-term care facilities and to study the long-term health impacts of COVID-19, including its potential to cause disabilities.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8441 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 8441
To establish certain protections and benefits for front line workers,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 29, 2020
Mrs. Torres of California (for herself, Ms. Lee of California, Mr.
Vargas, Mr. Suozzi, Mr. Soto, Mr. Hastings, Mr. Grijalva, Ms. Roybal-
Allard, Mr. Raskin, Mr. Cisneros, Mr. Connolly, Mr. Vela, Mrs.
Napolitano, Ms. Sewell of Alabama, Ms. Norton, and Mr. Carson of
Indiana) introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committees on
the Judiciary, and 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 establish certain protections and benefits for front line workers,
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 ``Frontline Heroes Act''.
SEC. 2. DATA ON INFECTIONS AND MORTALITIES OF EMPLOYEES AND CONTRACTORS
AT HEALTHCARE FACILITIES.
(a) Data Collection.--The Secretary of Health and Human Services
(in this section referred to as the ``Secretary'') acting through the
Director of the Centers for Disease Control and Prevention shall--
(1) collect data on COVID-19 infections and the related
mortalities or mortality rate of employees and contractors at
nursing homes, long-term care facilities, hospitals, and other
healthcare facilities nationwide; and
(2) compile such data, redacted to exclude any personally
identifiable information, into a database disaggregated by
geographic region.
(b) Required Reporting to Secretary.--During the COVID-19 emergency
period, the Secretary--
(1) may require a nursing home, long-term care facility,
hospital, or other healthcare facility to report the data
described in subsection (a)(1) in the possession of the
respective facility as a condition on the receipt by such
facility of any Federal funds, and shall require such reporting
as a condition on the receipt by such facility of any funds
made available under--
(A) the Coronavirus Preparedness and Response
Supplemental Appropriations Act, 2020 (Public Law 116-
123);
(B) the Families First Coronavirus Response Act
(Public Law 116-127);
(C) the CARES Act (Public Law 116-136); and
(D) the Paycheck Protection Program and Health Care
Enhancement Act (Public Law 116-139); and
(E) any other Federal statute enacted in response
to the COVID-19 pandemic; and
(2) may require such reporting to be made in such form, in
such manner, and by such time as the Secretary determines.
(c) Report to Congress.--Not later than 90 days after the date of
enactment of this Act, Secretary shall submit a report on the status of
data collection under this section and any initial findings and
conclusions resulting from such collection to the appropriate
congressional committees, including--
(1) the Committee on Appropriations and the Committee on
Energy and Commerce of the House of Representatives; and
(2) the Committee on Appropriations and the Committee on
Health, Education, Labor, and Pensions of the Senate.
(d) Definition.--In this section, the term ``COVID-19 emergency
period'' has the meaning given to the term ``emergency period'' in
section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-
5(g)(1)(B)).
SEC. 3. CDC STUDY ON LONG-TERM IMPACT OF COVID-19.
Not later than 200 days after the date of the enactment of this
Act, the Director of the Centers for Disease Control and Prevention
shall submit to the appropriate Committees of Congress, including the
Committees described under section 2(c), a report containing the
results of a study on the long-term health impacts of COVID-19,
including the potential to cause a disability (as defined in section
3(1) of the Americans with Disabilities Act of 1990 (42 U.S.C.
12102(1))).
SEC. 4. COVID-19 FRONTLINE HEALTHCARE HEROES SURVIVOR AND DISABILITY
BENEFITS PROGRAM.
(a) Filing Claim.--
(1) In general.--The Assistant Attorney General of the
Civil Division of the Department of Justice shall establish and
implement the COVID-19 Frontline Healthcare Heroes Survivor and
Disability Benefits Compensation Program, under which a
claimant may file a claim for compensation for death or
disability related to COVID-19 with the Assistant Attorney
General by mail or on an online portal created by the Assistant
Attorney General.
(2) Website.--The Assistant Attorney General of the Civil
Division of the Department of Justice shall publish on the
Department of Justice website instructions for submitting a
claim for compensation under this section.
(b) Eligibility.--The following claimants shall be eligible to
receive compensation under this section:
(1) A claimant who was a frontline healthcare worker at the
time that the claimant received a COVID-19 diagnosis or in the
45-day period before such diagnosis.
(2) In the case that the frontline healthcare worker is
deceased, a survivor of a frontline healthcare worker described
in paragraph (1) in the following order of precedence:
(A) The surviving spouse of the frontline
healthcare worker described in paragraph (1) if the
spouse was married to the claimant for at least 1 year
before the frontline healthcare worker's death.
(B) If there is no person meeting the requirements
of subparagraph (A), the children of the frontline
healthcare worker described in paragraph (1), in equal
shares.
(C) If there is no person meeting the requirements
of subparagraph (A) or (B), the parents of the
frontline healthcare worker described in paragraph (1),
in equal shares.
(D) If there is no person meeting the requirements
of subparagraph (A), (B), or (C), the grandchildren of
the frontline healthcare worker described in paragraph
(1), in equal shares.
(E) If there is no person meeting the requirements
of subparagraph (A), (B), (C), or (D), the grandparents
of the frontline healthcare worker described in
paragraph (1), in equal shares.
(F) If there is no person meeting the requirements
of subparagraph (A), (B), (C), (D), or (E), the person
designated on a life insurance policy of the frontline
healthcare worker described in paragraph (1).
(c) Necessary Documentation.--A claim filed under this section
shall include--
(1) evidence of employment as a frontline healthcare worker
during the time that COVID-19 was diagnosed or during the 45-
day period before such diagnosis;
(2) a medical statement of a COVID-19 diagnosis, whether
confirmed by a test or a presumptive diagnosis by a qualified
medical professional, and confirmation that death or disability
was from COVID-19 or connected to complications due to SARS-
CoV-2; and
(3) in the case of a claim for a death benefit, the death
certificate of a frontline worker, or in the case of a claim
for a disability benefit, evidence of total and permanent
disability as a result of COVID-19 or connected to
complications due to SARS-CoV-2.
(d) Review Claim.--Not later than 90 days after a claim is
submitted under subsection (a), such claim shall be reviewed to
determine whether the claimant is eligible to receive compensation
under this section.
(e) Amounts.--A claimant who is eligible to receive compensation
under this section shall receive a one-time lump sum payment of
$365,670 not later than 90 days after the claimant is determined to be
eligible to receive compensation under this section. Any compensation
received under this section shall not preclude the claimant from
receiving any collateral source compensation to which the claimant is
entitled.
(f) Appeals.--
(1) Appeals officer.--The Assistant Attorney General of the
Civil Division of the Department of Justice shall appoint
appeals officers to review appeals made pursuant to paragraph
(2).
(2) Appealing denial.--In the case that a claim under this
section is denied, a claimant may file an appeal of such denial
with an appeals officer not later than 60 days after such
denial.
(3) Review.--In reviewing an appeal, an appeals officer
may--
(A) grant compensation under this section;
(B) deny compensation under this section; or
(C) send the claim to the Assistant Attorney
General of the Civil Division of the Department of
Justice for further review, including for the purpose
of collecting additional evidence.
(g) No Federal Tax or COLA.--Any payment made to a claimant under
this section shall not be subject to any Federal tax or cost of living
adjustment.
(h) Final Agency Action.--A decision by an appeals officer shall be
considered a final agency action for purposes of judicial review.
(i) Payment of Medical Education Loans Not Discharged Upon Death.--
(1) In general.--A claimant who is eligible to receive
compensation under subsection (b)(2) shall also be eligible to
have the Assistant Attorney General of the Civil Division of
the Department of Justice pay off any private medical education
loan of the frontline healthcare worker that was not discharged
upon the death of the worker.
(2) Filing of claim.--A claimant may apply for the payment
of a medical education loan under this subsection by including
such request in a claim filed under subsection (a), along with
such documentation as the Attorney General may require.
(3) Payment separate from compensation amount.--The amount
of any payment made under paragraph (1) shall be in addition to
the amount described under subsection (e).
(4) Definition of private medical education loan.--In this
subsection, the term ``private medical education loan'' means a
private education loan (as defined under section 140(a) of the
Truth in Lending Act) issued with respect to a medical
education.
(j) Rulemaking.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall issue rules to
implement this section, including rules on the process for determining
disability status.
(k) Effective Period.--This section shall take effect on the date
that is 180 days after the date of enactment of this Act and shall
cease to be effective 5 years after such date.
(l) Definition.--In this section:
(1) Assistant attorney general of the civil division of the
department of justice.--The term ``Assistant Attorney General
of the Civil Division of the Department of Justice'' means the
Attorney General, acting through the Assistant Attorney General
of the Civil Division of the Department of Justice.
(2) Collateral source compensation.--The term ``collateral
source'' means all collateral sources, including life
insurance, pension funds, or any other death or disability
benefit program or payment for which the individual is
eligible.
(3) Disability.--The term ``disability'' means, with
respect to an individual, that such individual has a condition,
the direct and proximate consequences of which permanently
prevent the individual from performing any gainful work.
(4) Frontline healthcare worker.--The term ``frontline
healthcare worker'' means--
(A) all employees of healthcare facilities, nursing
homes, and long-term care facilities and emergency care
providers, including paramedics and medical personnel
who transport patients to the hospital; and
(B) the contractors who are physically present at
such facilities.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committees on the Judiciary, and 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 Committees on the Judiciary, and 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 Committees on the Judiciary, and 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.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line