[Pages S5336-S5337]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2641. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. EMERGENCY SUPPORT AND COVID-19 PROTECTIONS FOR 
                   NURSING HOMES.

       (a) Establishing COVID-19 Strike Teams for Nursing 
     Facilities.--
       (1) In general.--The Secretary is authorized to establish 
     and support the operation of strike teams comprised of 
     individuals with relevant skills, qualifications, and 
     experience to respond to COVID-19-related crises in 
     participating providers during the COVID-19 public health 
     emergency period, based on data reported by such providers to 
     the Centers for Disease Control and Prevention.
       (2) Mission and composition of strike teams.--
       (A) In general.--Strike teams established by the Secretary 
     may include assessment, testing, and clinical teams, and a 
     mission for each such team may include performing medical 
     examinations, conducting COVID-19 testing, and assisting 
     participating providers with the implementation of infection 
     control practices (such as quarantine, isolation, or 
     disinfection procedures).
       (B) Letter of authorization.--Strike teams and members of 
     such teams shall be subject to the Secretary's oversight and 
     direction and the Secretary may issue a letter of 
     authorization to team members describing--
       (i) the individual's designation to serve on 1 or more 
     teams under an emergency proclamation by the Secretary;
       (ii) the mission of the team;
       (iii) the authority of the individual to perform the team 
     mission;
       (iv) the individual's authority to access places, persons, 
     and materials necessary for the team member's performance of 
     the team's mission;
       (v) the requirement that team members maintain the 
     confidentiality of patient information shared with such 
     individuals by a participating provider; and
       (vi) the required security background checks that the 
     individual has passed.
       (C) Secretarial oversight.--The Secretary may, at any time, 
     disband any strike team and rescind the letter of 
     authorization for any team member.
       (D) Team and member authority.--A team and team member may 
     not use the letter of authorization described in subparagraph 
     (B) for any purpose except in connection with the team's 
     mission of acting in good faith to promote resident and 
     employee safety in participating providers in which COVID-19 
     is confirmed to be present.
       (E) Administration.--The Secretary, in consultation with 
     the Director of the Centers for Disease Control and 
     Prevention, may establish protocols and procedures for 
     requesting the assistance of a strike team established under 
     this subsection and any other procedures deemed necessary for 
     the team's operation.
       (F) Supplementation of other response efforts.--Strike 
     teams established by the Secretary under this subsection 
     shall supplement and not supplant response efforts carried 
     out by a State strike team or a technical assistance team 
     established by the Secretary during the COVID-19 public 
     health emergency period.
       (b) Promoting COVID-19 Testing and Infection Control in 
     Nursing Facilities.--
       (1) Nursing home protections.--The Secretary, in 
     consultation with the Elder Justice Coordinating Council 
     established under section 2021 of the Social Security Act (42 
     U.S.C. 1397k), is authorized during the COVID-19 public 
     health emergency period to enhance efforts by participating 
     providers to respond to COVID-19, including through--
       (A) development of online training courses for personnel of 
     participating providers, survey agencies, the long-term care 
     ombudsman of each State, and other individuals to facilitate 
     the implementation of paragraph (2);
       (B) enhanced diagnostic testing of visitors to, personnel 
     of, and residents of, participating providers in which 
     measures of COVID-19 in the community support more frequent 
     testing for COVID-19;
       (C) development of training materials for personnel of 
     participating providers, the long-term care ombudsman of each 
     State, and representatives and family members of residents; 
     and
       (D) providing support to participating providers in areas 
     deemed by the Secretary to require additional assistance due 
     to the presence COVID-19 infections.
       (2) Training on best practices in infection control and 
     prevention.--
       (A) In general.--The Secretary shall develop training 
     courses on infection control and prevention, including 
     cohorting, strategies and use of telehealth to mitigate the 
     transmission of COVID-19 in participating providers during 
     the COVID-19 public health emergency period.
       (B) Development.--To the extent practicable, the training 
     programs developed by the Secretary under this subsection 
     shall use best practices in infection control and prevention.
       (C) Coordination with other federal entities.--The 
     Secretary shall seek input as appropriate on the training 
     courses developed under this subsection from the Elder 
     Justice Coordinating Council and the Director of the Centers 
     for Disease Control and Prevention.
       (D) Interactive website.--The Secretary is authorized to 
     create an interactive website to disseminate training 
     materials and related information in the areas of infection 
     control and prevention, for purposes of carrying out this 
     subsection during the COVID-19 public health emergency 
     period.
       (c) Promoting Transparency in COVID-19 Reporting by Nursing 
     Facilities and Long-term Care Facilities.--
       (1) Collection and reporting of staffing data by nursing 
     facilities during covid-19 emergency period.--The Secretary 
     shall develop a plan for ensuring that participating 
     providers resume compliance with the requirement, under 
     section 1128I(g) of the Social Security Act (42 U.S.C. 1320a-
     7j(g)), to electronically submit direct care staffing 
     information based on payroll and other auditable data 
     (including measures to ensure that the submitted data 
     includes direct care staffing information for the entire 
     duration of the COVID-19 emergency period).
       (2) Collection and reporting of data related to covid-19 by 
     nursing facilities during covid-19 emergency period.--The 
     Secretary shall ensure that participating providers and long-
     term care facilities report all suspected and confirmed cases 
     of COVID-19 among personnel and residents of the provider or 
     facility, all COVID-19-related fatalities among personnel and 
     residents of the provider or facility, and all fatalities 
     among personnel and residents of the provider or facility, 
     whether related to COVID-19 or unrelated to COVID-19, for the 
     period beginning on January 1, 2020, to the Secretary.
       (3) Reporting of nursing facility data related to covid-19 
     by the secretary.--Not later than 10 days after the date of 
     enactment of this Act, and at least weekly thereafter during 
     the COVID-19 public health emergency period, the Secretary 
     shall provide the Governor of each State with a list of all 
     participating providers in the State with respect to which 
     the reported cases of COVID-19 in visitors to, personnel of, 
     and residents of, such providers increased during the 
     previous week (or, in the case of the first such list, during 
     the 10-day period beginning on the date of enactment of this 
     Act).
       (4) Confidentiality.--Any information reported under this 
     subsection that is made available to the public shall be made 
     so available in a manner that protects the identity of 
     residents of participating providers and long-term care 
     facilities.
       (d) Extending Elder Justice Act Protections During the 
     COVID-19 Emergency Period.--
       (1) Long-term care ombudsman program grants and training.--
     Section 2043 of the Social Security Act (42 U.S.C. 1397m-2) 
     is amended--
       (A) in subsection (a)--
       (i) in paragraph (1)(A), by inserting ``(including during 
     the emergency period described in section 1135(g)(1)(B), from 
     amounts made available with respect to such period in 
     accordance with paragraph (2)(D))'' before the semicolon; and
       (ii) in paragraph (2)--
       (iii) in subparagraph (B), by striking ``and'' after the 
     semicolon;
       (iv) in subparagraph (C), by striking the period at the end 
     and inserting a semicolon; and
       (v) by adding at the end the following:
       ``(D) for the emergency period described in section 
     1135(g)(1)(B), $12,000,000.'';
       (B) in subsection (b)--
       (i) in paragraph (1), by inserting ``(including during the 
     emergency period described in section 1135(g)(1)(B), from 
     amounts made available with respect to such period in 
     accordance with paragraph (2))'' before the period; and
       (ii) in paragraph (2), by inserting before the period the 
     following: ``, and for the emergency period described in 
     section 1135(g)(1)(B), $12,000,000''.
       (2) Elder justice coordinating council.--
       (A) Membership.--Section 2021(b)(1) of the Social Security 
     Act (42 U.S.C. 1397k(b)(1)) is amended--
       (i) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (ii) by inserting after subparagraph (B), the following:
       ``(C) The Administrator of the Federal Emergency Management 
     Agency.''.
       (B) Duties.--Section 2021(f)(1) of such Act (42 U.S.C. 
     1397k(f)(1)) is amended by inserting ``the Federal Emergency 
     Management Agency,'' after ``Justice,''.
       (3) Adult protective services functions and grant 
     programs.--Section 2042 of the Social Security Act (42 U.S.C. 
     1397m-1) is amended--
       (A) in subsection (a)(2), by inserting ``, and $5,000,000 
     for the emergency period described in section 1135(g)(1)(B)'' 
     after ``2014'';
       (B) in subsection (b)(5), by inserting ``, and $150,000,000 
     for the emergency period described in section 1135(g)(1)(B)'' 
     after ``2014''; and
       (C) in subsection (c)(6), by inserting ``, and $30,000,000 
     for the emergency period described in section 1135(g)(1)(B)'' 
     after ``2014''.

[[Page S5337]]

       (4) Technical amendment.--Section 2011(12)(A) of the Social 
     Security Act (42 U.S.C. 1397j(12)(A)) is amended by striking 
     ``450b'' and inserting ``5304''.
       (e) Addressing Racial and Ethnic Coronavirus Disparities in 
     Long-term Care Facilities.--
       (1) Task force.--The Secretary shall establish a task 
     force, to be known as the ``Racial and Ethnic Coronavirus 
     Disparities in Long-Term Care Facilities Task Force'' 
     (referred to in this section as the ``task force''), to 
     gather data and information on racial and ethnic disparities 
     in long-term care facilities, during the public health 
     emergency, and to provide recommendations to Federal, State, 
     local, and Tribal policymakers on ways to eliminate health 
     disparities and to improve the health of racial and ethnic 
     minority populations residing in long-term care facilities.
       (2) Membership.--The task force shall be composed of the 
     Surgeon General, other Federal, State, and local government 
     officials, and individuals appointed by the Surgeon General 
     with firsthand knowledge of, or expertise relating to, 
     disparities in access to quality care for residents of long-
     term care facilities who are members of racial or ethnic 
     minority groups. In appointing such individuals, the Surgeon 
     General, in consultation with the Director of the U.S. 
     Department of Health and Human Services Office of Minority 
     Health, shall ensure the individuals appointed provide ample 
     representation with respect to the demographics of residents 
     and caregivers of all long-term care facilities, during the 
     COVID-19 public health emergency period particularly with 
     respect to residents and caregivers of such facilities who 
     are members of racial or ethnic minority groups, communities 
     of color, and communities with preexisting health challenges 
     or difficulties in accessing care.
       (3) Administration.--
       (A) Chairperson and vice chairperson.--The Surgeon General 
     shall serve as the chairperson of the task force. The 
     Director of the Department's Office of Minority Health shall 
     serve as the vice chairperson.
       (B) Staff.--The task force shall have at least 2 full-time 
     staff members, with diverse and relevant experience, 
     including, but not limited to academic, community, 
     governmental, or vocational work. The staff members, in 
     coordination with the Chairperson and Vice Chairperson shall 
     appoint at least two representatives from the aging community 
     to serve on the task force in addition to at least four 
     representatives providing ample representation with respect 
     to the demographics of residents and caregivers of all long-
     term care facilities, particularly with respect to members of 
     racial or ethnic minority groups and communities of color, 
     and communities with preexisting health challenges or 
     difficulties in accessing care.
       (C) Meetings.--The task force shall convene at least 
     monthly, with the first meeting to occur within 60 days after 
     the enactment of this Act.
       (4) Reporting and recommendations.--
       (A) Monthly reports.--Not later than 45 days after the 1st 
     meeting of the task force, and monthly thereafter, the task 
     force shall submit to Congress, the Centers for Medicare and 
     Medicaid, and the Centers for Disease Control and Prevention 
     a report that includes--
       (i) recommended methodologies for improving Federal data 
     collection, including transparent publication of such data 
     and information on resident outcomes in long-term care 
     facilities with disproportionately high rates of admission of 
     individuals who are members of racial or ethnic minority 
     groups;
       (ii) the identification of long-term care facilities 
     evidencing racial or ethnic disparities in COVID-19 cases and 
     fatalities, psychotropic drug usage, infection prevention and 
     control deficiencies, hospitalization rates, infectious 
     disease rates, injury rates, abuse rates, neglect rates, 
     fatality rates, and any additional areas, as determined by 
     the task force based on available public health data (or, if 
     no such data are available, on the basis of such other 
     publicly available data or information as the task force may 
     determine);
       (iii) the identification of factors, including Federal and 
     State policies, that have contributed to health disparities 
     in resident outcomes in long-term care facilities, and 
     actions Congress (and if appropriate, other entities) can 
     take to address these factors; and
       (iv) recommendations for best practices to eliminate health 
     disparities and to improve the health of racial and ethnic 
     minority populations in long-term care facilities, especially 
     such facilities evidencing racial or ethnic disparities in 
     COVID-19 cases and fatalities, psychotropic drug usage, 
     infection prevention and control deficiencies, 
     hospitalization rates, infectious disease rates, injury 
     rates, abuse and neglect rates, fatality rates, or any 
     additional areas determined by the task force.
       (B) Consultation with indian tribes.--In submitting reports 
     and recommendations under this subsection, the task force 
     shall consult with Indian Tribes and Tribal organizations.
       (C) Sunset.--The task force shall terminate on December 31, 
     2022.
       (f) Achieving Savings in Health Care Programs by Reducing 
     Improper Prescribing of Controlled Substances.--
       (1) In general.--Within 120 days of enactment of this Act 
     and annually thereafter, the Secretary shall report all 
     Medicare revocation actions or preclusion list placements to 
     the Drug Enforcement Administration that are based totally or 
     in part on the improper prescribing, administering, or 
     dispensing of controlled substances.
       (2) Definitions.--The terms used in this subsection shall 
     have the meaning given such terms in section 102 of the 
     Controlled Substances Act (42 U.S.C. 802). For purposes of 
     paragraph (1), the ``improper prescribing, administering, or 
     dispensing of controlled substances'' includes doing so in 
     any of the following respects:
       (A) In excessive quantities.
       (B) For other than a legitimate medical purpose or outside 
     the usual course of professional practice.
       (C) Beyond the scope of the practitioner's DEA 
     registration.
       (D) In any other manner not permitted by the Controlled 
     Substances Act (21 U.S.C. 801 et. seq.).
       (3) Access to evidence.--When making the reports required 
     under paragraph (1), the Secretary shall provide the Drug 
     Enforcement Administration with any relevant records or other 
     evidence that Drug Enforcement Administration requests for 
     purposes of carrying out its functions under the Controlled 
     Substances Act. The Drug Enforcement Administration may use 
     any such information or other evidence provided by the 
     Secretary for the purposes of any criminal, civil, or 
     administrative proceeding arising out the Controlled 
     Substances Act.
       (g) Funding.--
       (1) CARES act.---The Secretary may use amounts appropriated 
     for COVID-19 response and related activities pursuant to the 
     CARES Act (Public Law 116-136) and subsequently enacted 
     legislation to carry out this section and the amendments made 
     by this section.
       (2) Prevention and public health fund.--The Secretary may 
     use amounts in the Prevention and Public Health Fund, 
     established under section 4002 of the Patient Protection and 
     Affordable Care Act of 2010, to carry out this section and 
     the amendments made by this section, including by providing 
     financial assistance to participating providers as 
     appropriate for implementation of the requirements of this 
     section and the amendments made by this section.
       (h) Definitions.--In this section:
       (1) COVID-19.--The term ``COVID-19'' means the 2019 Novel 
     Coronavirus or 2019-nCoV.
       (2) COVID-19 public health emergency period.--The term 
     ``COVID-19 public health emergency period'' means the period 
     beginning on the first day 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)) and ending on the last day of the 
     calendar quarter in which the last day of such emergency 
     period occurs.
       (3) Long-term care facility.--The term ``long-term care 
     facility'' has the meaning given that term in section 
     2011(15) of the Social Security Act (42 U.S.C. 1397j(15)).
       (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) Participating provider.--The term ``participating 
     provider'' means a skilled nursing facility or a nursing 
     facility that has been assigned a national provider 
     identifier number by the Secretary and has executed an 
     agreement to participate in the Medicare program established 
     under title XVIII of the Social Security Act (42 U.S.C. 1395 
     et seq.) or the Medicaid program established under title XIX 
     of such Act (42 U.S.C. 1396 et seq.).
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (7) 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)).
       (8) State.--Except as otherwise provided, 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.).
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