,i #aafth ,,congress #b;d ,session ,h4 ,r4 #gdfc ,,in ,,the ,,house ,,of ,,representatives ,july #a1 #bjbj,mrs4 ,carolyn ,b4 ,maloney of ,new ,york introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committee on ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 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-#ai response funds4 #a4 ,short title ,this ,act may be cited as the ,assisted ,living ,facility ,coronavirus ,reporting ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,assisted living facility ,the term assisted living facility means-- 7,a7 an adult care facility that-- 7i7 is licensed and regulated by the ,state in which the facility is located 7or1 if there is no ,state law providing for such licensing and regulation by the ,state1 by the municipality or other political subdivision in which the facility is located72 7ii7 makes available to residents supportive services to assist the residents in carrying out activities of daily living1 such as bathing1 dressing1 eating1 getting in and out of bed or chairs1 walking1 going outdoors1 using the toilet1 laundry1 home management1 preparing meals1 shopping for personal items1 obtaining and taking medication1 managing money1 using the telephone1 or performing light or heavy housework1 and which may make available to residents home health care services1 such as nursing and therapy2 and 7iii7 provides dwelling units for residents1 each of which may contain a full kitchen and bathroom1 and which includes common rooms and other facilities appropriate for the provision of supportive services to the residents of the facility2 7,b7 an adult care facility that-- 7i7 is-- 7,i7 licensed and regulated by the ,state in which the facility is located 7or1 if there is no ,state law providing for such licensing and regulation by the ,state1 by the municipality or other political subdivision in which the facility is located72 and 7,,ii7 similar to a skilled nursing facility1 7as defined in section #ahai7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;i-#c7;a7771 a nursing facility 7as defined in section #aiai7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifr7a7771 or a board and care facility 7as defined in section #afaf7;e7 of the ,social ,security ,act 7#db ,u4,s4,c4 #achb;e7e7772 or 7ii7 is subject to the identification1 investigation1 and resolution of complaints by1 or otherwise subject to the activities of1 a ,state ,long-,term ,care ,ombudsman program established under section #gab of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjeh;g72 or 7,c7 an adult care facility receiving ,federal funds through a ,state ,medicaid program under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq471 including through any waiver relating to such a program granted under such title or title ,,xi of such ,act 7#db ,u4,s4,c4 #acja et seq474 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,health and ,human ,services4 #c4 ,state reporting requirements for assisted living facilities and ,,covid-#ai 7a7 ,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 #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ija7;b77#b77;,a77i771 a ,state shall do the following3 7#a7 ,within #cj days of the passage of this ,act1 begin weekly reporting of the following information for each assisted living facility located in the ,state to the ,centers for ,disease ,control and ,prevention1 disaggregated by race1 ethnicity1 primary language1 sex1 sexual orientation1 gender identity1 age1 and disability status3 7,a7 ,the number of suspected and confirmed active cases of ,coronavirus ,disease #bjai 7,,covid-#ai7 among residents and the number of suspected and confirmed active cases of ,,covid-#ai among staff of the facility4 7,b7 ,the number of residents and staff of the facility1 respectively1 who1 since the last report under this paragraph1 contracted severe respiratory infections related to ,,covid-#ai that resulted in hospitalization and the number that resulted in death1 including deaths that occurred outside of the facility4 7,c7 ,the number ,,covid-#ai diagnostic tests conducted weekly on residents and staff of the facility1 respectively1 and the percentage of those tests that are positive among residents and staff of the facility1 respectively4 7,d7 ,the average time between testing a resident and receiving the results of the test4 7,e7 ,the personal protective equipment1 hand hygiene supplies1 ventilators1 and medical supplies in the facility4 7,f7 ,the total number of resident beds at1 residents living in1 and staff employed by the facility4 7,g7 ,other information specified by the ,secretary4 7#b7 ,within #cj days of the passage of this ,act1 report for each assisted living facility in the ,state to the ,centers for ,disease ,control and ,prevention1 the information specified in subparagraphs 7,a7 through 7,g7 of paragraph 7#a7 for the period of time between ,january #a1 #bjbj1 and the passage of this ,act1 disaggregated by race1 ethnicity1 primary language1 sex1 sexual orientation1 gender identity1 age1 and disability status4 7#c7 ,within #cj days of the passage of this ,act1 require each assisted living facility in the ,state to inform the ,centers for ,medicare ,medicaid ,services1 the ,centers for ,disease ,control and ,prevention1 ,state and local health officials1 residents1 their representatives1 and families of those residing in facilities by #e p4m4 the next calendar day following the occurrence of either a single confirmed infection of ,,covid-#ai 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 #gb hours of each other4 ,this information shall-- 7,a7 not include personally identifiable information2 7,b7 include information on mitigating actions implemented to prevent or reduce the risk of transmission1 including if normal operations of the facility will be altered2 and 7,c7 include any cumulative updates for residents1 their representatives1 and families at least weekly or by #e p4m4 the next calendar day following the subsequent occurrence of-- 7i7 the identification of a confirmed infection of ,,covid-#ai among the residents or staff of the facility2 or 7ii7 three or more residents or staff presenting new onset of respiratory symptoms within #gb hours of each other4 7b7 ,sunset ,the requirements of subsection 7a7 shall terminate if and when the circumstances which led to the public health emergency period described in section #aace7;g77#a77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#e7;g77#a77;,b77 7relating to the coronavirus pandemic7 cease to exist and are unlikely to recur4 7c7 ,guidance ,within #ae days of the date of enactment of this ,act1 the ,secretary shall issue guidance to ,states to ensure the information reported in 7a7 is reported in an electronic1 standardized format that matches1 to the extent practicable1 the format applicable to information reported to the ,department of ,health and ,human ,services by skilled nursing facilities and nursing facilities on ,,covid-#ai under section #dhc4cj7;g7 of title #db1 ,code of ,federal ,regulations 7as amended by the interim final rule of the ,centers for ,medicare ,medicaid ,services published on ,may #h1 #bjbj 7#he ,fed4 ,reg4 #bgeej771 to enable the comparison of ,,covid-#ai outbreaks across congregate care settings4 7d7 ,publication of information ,the ,secretary shall publicly post on the website of the ,department of ,health and ,human ,services1 the information received by the ,department under section 7a71 and shall update such information on a weekly basis4 7e7 ,extensions ,the ,secretary may grant1 at the request of a ,state1 a #cj-;day extension for the ,state report the information required under paragraphs 7#a7 and 7#b7 of subsection 7a7 to allow the ,state to develop the reporting infrastructure necessary to gather such information from assisted living facilities4 #d4 ,application of nursing facility reporting requirements to assisted living facilities ,the ,secretary shall provide that any ,,covid-#ai reporting requirement that applies to skilled nursing facilities 7as defined in section #ahai7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;i-#c7;a777 or nursing facilities 7as defined in section #aiai7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifr7a777 and is imposed on or after the date of enactment of this ,act under title ,,xviii or ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acie et seq41 #acif et seq47 or under a regulation promulgated under such title shall apply in the same manner to assisted living facilities1 which shall report such information through the ,states unless complying with such reporting requirement is not practicable in the assisted living facility setting4 #e4 ,,gao report ,not later than #b years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall conduct an evaluation1 and submit to ,congress1 a report including-- 7#a7 what is known about how required reporting of ,,covid-#ai data on residents in nursing homes during the pandemic was used to prevent or control ,,covid-#ai cases or deaths1 and how this compares to the experience of other congregate care facilities without required reporting of this data2 and 7#b7 any lessons learned from required reporting of ,,covid-#ai cases or deaths in nursing homes that could be applied to other congregate care facilities during the ,,covid-#ai pandemic1 if it continues1 and similar public health emergencies in the future4