,,ii #aafth ,,congress #b;d ,session ,s4 #cfdd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #g1 #bjbj,mr4 ,booker 7for himself and ,mr4 ,blumenthal7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to amend titles ,,xviii and ,,xix of the ,social ,security ,act to improve the quality of care in skilled nursing facilities under the ,medicare program and nursing facilities under the ,medicare program during the ,,covid-#ai emergency period1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,quality ,care for ,nursing ,home ,residents and ,workers ,during ,,covid-#ai ,act of #bjbj4 #b4 ,improving quality of care in skilled nursing facilities and nursing facilities during ,,covid-#ai emergency period 7a7 ,medicare ,section #ahai of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;i-#c7 is amended by adding at the end the following new subsection3 7k7 ,additional requirements during certain public health emergency 7#a7 ,skilled nursing facilities 7,a7 ,in general ,during the portion of the emergency period defined in paragraph 7#a77;,b7 of section #aace7;g7 beginning on or after the date of the enactment of this subsection1 a skilled nursing facility shall comply with the quality of care requirements described in subparagraph 7,b71 the worker safety requirements described in subparagraph 7,c71 and the transparency requirements described in subparagraph 7,d74 7,b7 ,quality of care requirements ,the quality of care requirements described in this subparagraph are each of the following3 7i7 ,employ1 on a full-time basis1 an infection preventionist who-- 7,i7 has primary professional training in nursing1 medical technology1 microbiology1 epidemiology1 or other related field2 7,,ii7 is qualified by education1 training1 experience or certification2 and 7,,iii7 has completed specialized training in infection prevention and control4 7ii7 ,in the case of a resident who elects to reside with a family member of such resident for any portion of the emergency period described in subparagraph 7,a71 guarantee the right of such resident to resume residency in the facility at any time during the #ahj-;day period immediately following the end of such emergency period4 7iii7 ,notwithstanding subparagraphs 7,a7 and 7,b7 of subsection 7c77#b71 permit a resident to remain in the facility and not discharge or transfer the resident from the facility unless-- 7,i7 the ,state survey agency approves the discharge or transfer2 7,,ii7 in the case of a transfer1 the transfer is to a facility dedicated to the care of residents who have been diagnosed with ,,covid-#ai if the resident has been diagnosed with ,,covid-#ai1 or a facility dedicated to the care of residents who have not been diagnosed with ,,covid-#ai if the resident has not been diagnosed with ,,covid-#ai2 7,,iii7 before effecting the discharge or transfer1 the facility records the reasons in the resident's clinical record2 7,,iv7 at least #gb hours in advance of the discharge or transfer1 the facility provides a notice of the discharge or transfer to the resident 7or legal representative of the resident1 if applicable71 including the reasons therefor and the items described in clause 7iii7 of subsection 7c77#b77;,b72 and 7,v7 the resident 7or legal representative of the resident1 if applicable7 acknowledges receipt of the notice described in subclause 7,,iv7 and provides written consent to the discharge or transfer4 7iv7 ,test 7on a weekly basis7 each resident for ,,covid-#ai1 or1 in the case that the facility does not have a sufficient number of testing kits for ,,covid-#ai1 screen each resident for symptoms of ,,covid-#ai and report 7on a daily basis until the facility has a sufficient number of such testing kits7 to the ,state survey agency that the facility does not have a sufficient number of such testing kits and what steps the facility is taking to procure a sufficient number of such testing kits4 7v7 ,ensure there is an adequate number of employees to assist residents in communicating with family members and friends through phone calls1 email1 and virtual communications on at least a weekly basis1 without regard to whether a resident has been diagnosed with ,,covid-#ai4 7,c7 ,worker safety requirements ,the worker safety requirements described in this subparagraph are each of the following3 7i7 ,in the case the facility is not otherwise subject to the ,occupational ,safety and ,health ,act of #aigj 7or a ,state occupational safety and health plan that is approved under section #ah7;c7 of such ,act71 comply with the ,bloodborne ,pathogens standard under section #aiaj4ajcj of title #bi1 ,code of ,federal ,regulations 7or a successor regulation74 7ii7 ,in the case of a predicted shortage of personal protective equipment1 report such predicted shortage to the ,state health department of the ,state in which the facility is located at least #bd hours in advance of when such predicted shortage is expected to occur4 7iii7 ,educate each employee on the transmission of ,,covid-#ai4 7iv7 ,notwithstanding any other provision of law1 provide at least two weeks of paid sick leave to each employee4 7v7 ,before each employee's shift1 test the employee for ,,covid-#ai1 or1 in the case that the facility does not have a sufficient number of testing kits for ,,covid-#ai1 screen each employee for symptoms of ,,covid-#ai and report 7on a daily basis until the facility has a sufficient number of such testing kits7 to the ,state survey agency that the facility does not have a sufficient number of such testing kits and what steps the facility is taking to procure a sufficient number of such testing kits4 7,d7 ,transparency requirements ,the transparency requirements described in this subparagraph are each of the following3 7i7 ,report 7on a daily basis7 to the ,state survey agency1 the ,centers for ,medicare ,medicaid ,services1 and the ,centers for ,disease ,control and ,prevention each of the following3 7,i7 ,the number of confirmed and suspected cases ,,covid-#ai among residents and staff1 including the age and race or ethnicity of such residents and staff4 7,,ii7 ,the number of deaths related to ,,covid-#ai among residents and staff1 including the age and race or ethnicity of such residents and staff4 7,,iii7 ,the total number of deaths 7without regard to whether a death is related to ,,covid-#ai7 among residents and staff4 7,,iv7 ,the amount of personal protective equipment available and any projected need regarding such equipment4 7,v7 ,information on staffing levels that would otherwise be required to be submitted through the ,payroll-,based ,journal of the ,centers for ,medicare ,medicaid ,services4 7,,vi7 ,the number of residents and staff who have been tested for ,,covid-#ai4 7ii7 ,in the case that a resident or employee is diagnosed with ,,covid-#ai or dies as a result of ,,covid-#ai1 notify all residents1 legal representatives of residents1 and employees not later than #ab hours after such diagnosis is made or such death occurs4 7iii7 ,at any time three or more residents or employees have newly onset ,,covid-#ai symptoms1 notify all residents1 legal representatives of residents1 and employees not later than #gb hours after such three or more residents or employees are known to the facility4 7iv7 ,in the case that a resident or employee is suspected to have or is diagnosed with ,,covid-#ai1 post a notice of such suspicion or diagnosis at each entrance of the facility for the remaining portion of the emergency period described in subparagraph 7,a74 7v7 ,for each day of the portion of the emergency period described in subparagraph 7,a71 post a notice at each entrance of the facility with the information required under subsection 7b77#h7 for such day4 7#b7 ,states and ,federal ,government 7,a7 ,public availability of information 7i7 ,in general ,as soon as possible1 but not later than #bd hours after receiving any information required under paragraph 7#a77;,d77i71 the ,administrator of the ,centers for ,medicare ,medicaid ,services1 in coordination with the ,director of the ,centers for ,disease ,control and ,prevention1 shall make such information publicly available on the ,nursing ,home ,compare website of the ,centers for ,medicare ,medicaid ,services and the ,c,o,v,i,d,view website of the ,centers for ,disease ,control and ,prevention4 7ii7 ,,hipaa compliant information only ,information may only be made publicly available under clause 7i7 if the disclosure of such information would otherwise be permitted under the ,federal regulations 7concerning the privacy of individually identifiable health information7 promulgated under section #bfd7;c7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif 7#db ,u4,s4,c4 #acbj;d-#b note74 7,b7 ,designation of ,,covid-#ai facilities ,for purposes of paragraph 7#a77;,b77iii77,,ii7-- 7i7 the ,administrator of the ,centers for ,medicare ,medicaid ,services shall specify criteria 7which shall include the provision of the services of a registered nurse on a #bd-;hours basis7 for each ,state survey agency to carry out the designation requirement described in clause 7ii7 with respect to skilled nursing facilities2 and 7ii7 each ,state survey agency shall designate a skilled nursing facility in the ,state as a facility dedicated to the care of residents who have been diagnosed with ,,covid-#ai if such facility meets the criteria specified by the ,administrator under clause 7i74 7,c7 ,remote monitoring and surveys ,a ,state survey agency shall-- 7i7 remotely monitor all skilled nursing facilities with at least one resident or employee who has been diagnosed with ,,covid-#ai2 7ii7 in addition to surveys required under subsection 7g71 conduct a survey of a skilled nursing facility1 in the same manner and subject to the same requirements applicable to standard surveys conducted under subsection 7g71 if the facility has a ratio of the number of deaths resulting from ,,covid-#ai to the number of ,,covid-#ai diagnoses that exceeds #e percent1 or the ,state survey agency receives a ,,covid-#ai or staffing related immediate jeopardy complaint regarding the facility2 and 7iii7 ensure that each survey team that conducts a survey under clause 7ii7 has adequate personal protective equipment while conducting such survey4 7#c7 ,civil money penalties ,the ,secretary shall impose a civil money penalty against the operators of a skilled nursing facility in an amount equal to #aj1jjj per day for each violation of a requirement described in subparagraph 7,b71 7,c71 or 7,d7 of paragraph 7#a7 or the reporting of false information under clause 7i7 of such subparagraph 7,d74 ,the provisions of section #aabh;,a 7other than subsections 7a7 and 7b77 shall apply to a civil money penalty under the previous sentence in the same manner as such provisions apply to a penalty or proceeding under section #aabh;,a7a74 4 7b7 ,medicaid ,section #aiai of the ,social ,security ,act 7#db ,u4,s4,c4 #acifr7 is amended by adding at the end the following new subsection3 7k7 ,additional requirements during certain public health emergency 7#a7 ,nursing facilities 7,a7 ,in general ,during the portion of the emergency period defined in paragraph 7#a77;,b7 of section #aace7;g7 beginning on or after the date of the enactment of this subsection1 a nursing facility shall comply with the quality of care requirements described in subparagraph 7,b71 the worker safety requirements described in subparagraph 7,c71 and the transparency requirements described in subparagraph 7,d74 7,b7 ,quality of care requirements ,the quality of care requirements described in this subparagraph are each of the following3 7i7 ,employ1 on a full-time basis1 an infection preventionist who-- 7,i7 has primary professional training in nursing1 medical technology1 microbiology1 epidemiology1 or other related field2 7,,ii7 is qualified by education1 training1 experience or certification2 and 7,,iii7 has completed specialized training in infection prevention and control4 7ii7 ,in the case of a resident who elects to reside with a family member of such resident for any portion of the emergency period described in subparagraph 7,a71 guarantee the right of such resident to resume residency in the facility at any time during the #ahj-;day period immediately following the end of such emergency period4 7iii7 ,notwithstanding subparagraphs 7,a7 and 7,b7 of subsection 7c77#b71 permit a resident to remain in the facility and not discharge or transfer the resident from the facility unless-- 7,i7 the ,state survey agency approves the discharge or transfer2 7,,ii7 in the case of a transfer1 the transfer is to a facility dedicated to the care of residents who have been diagnosed with ,,covid-#ai if the resident has been diagnosed with ,,covid-#ai1 or a facility dedicated to the care of residents who have not been diagnosed with ,,covid-#ai if the resident has not been diagnosed with ,,covid-#ai2 7,,iii7 before effecting the discharge or transfer1 the facility records the reasons in the resident's clinical record2 7,,iv7 at least #gb hours in advance of the discharge or transfer1 the facility provides a notice of the discharge or transfer to the resident 7or legal representative of the resident1 if applicable71 including the reasons therefor and the items described in clause 7iii7 of subsection 7c77#b77;,b72 and 7,v7 the resident 7or legal representative of the resident1 if applicable7 acknowledges receipt of the notice described in subclause 7,,iv7 and provides written consent to the discharge or transfer4 7iv7 ,test 7on a weekly basis7 each resident for ,,covid-#ai1 or1 in the case that the facility does not have a sufficient number of testing kits for ,,covid-#ai1 screen each resident for symptoms of ,,covid-#ai and report 7on a daily basis until the facility has a sufficient number of such testing kits7 to the ,state survey agency that the facility does not have a sufficient number of such testing kits and what steps the facility is taking to procure a sufficient number of such testing kits4 7v7 ,ensure there is an adequate number of employees to assist residents in communicating with family members and friends through phone calls1 email1 and virtual communications on at least a weekly basis1 without regard to whether a resident has been diagnosed with ,,covid-#ai4 7,c7 ,worker safety requirements ,the worker safety requirements described in this subparagraph are each of the following3 7i7 ,in the case the facility is not otherwise subject to the ,occupational ,safety and ,health ,act of #aigj 7or a ,state occupational safety and health plan that is approved under section #ah7;c7 of such ,act71 comply with the ,bloodborne ,pathogens standard under section #aiaj4ajcj of title #bi1 ,code of ,federal ,regulations 7or a successor regulation74 7ii7 ,in the case of a predicted shortage of personal protective equipment1 report such predicted shortage to the ,state health department of the ,state in which the facility is located at least #bd hours in advance of when such predicted shortage is expected to occur4 7iii7 ,educate each employee on the transmission of ,,covid-#ai4 7iv7 ,notwithstanding any other provision of law1 provide at least two weeks of paid sick leave to each employee4 7v7 ,before each employee's shift1 test the employee for ,,covid-#ai1 or1 in the case that the facility does not have a sufficient number of testing kits for ,,covid-#ai1 screen each employee for symptoms of ,,covid-#ai and report 7on a daily basis until the facility has a sufficient number of such testing kits7 to the ,state survey agency that the facility does not have a sufficient number of such testing kits and what steps the facility is taking to procure a sufficient number of such testing kits4 7,d7 ,transparency requirements ,the transparency requirements described in this subparagraph are each of the following3 7i7 ,report 7on a daily basis7 to the ,state survey agency1 the ,centers for ,medicare ,medicaid ,services1 and the ,centers for ,disease ,control and ,prevention each of the following3 7,i7 ,the number of confirmed and suspected cases ,,covid-#ai among residents and staff1 including the age and race or ethnicity of such residents and staff4 7,,ii7 ,the number of deaths related to ,,covid-#ai among residents and staff1 including the age and race or ethnicity of such residents and staff4 7,,iii7 ,the total number of deaths 7without regard to whether a death is related to ,,covid-#ai7 among residents and staff4 7,,iv7 ,the amount of personal protective equipment available and any projected need regarding such equipment4 7,v7 ,information on staffing levels that would otherwise be required to be submitted through the ,payroll-,based ,journal of the ,centers for ,medicare ,medicaid ,services4 7,,vi7 ,the number of residents and staff who have been tested for ,,covid-#ai4 7ii7 ,in the case that a resident or employee is diagnosed with ,,covid-#ai or dies as a result of ,,covid-#ai1 notify all residents1 legal representatives of residents1 and employees not later than #ab hours after such diagnosis is made or such death occurs4 7iii7 ,at any time three or more residents or employees have newly onset ,,covid-#ai symptoms1 notify all residents1 legal representatives of residents1 and employees not later than #gb hours after such three or more residents or employees are known to the facility4 7iv7 ,in the case that a resident or employee is suspected to have or is diagnosed with ,,covid-#ai1 post a notice of such suspicion or diagnosis at each entrance of the facility for the remaining portion of the emergency period described in subparagraph 7,a74 7v7 ,for each day of the portion of the emergency period described in subparagraph 7,a71 post a notice at each entrance of the facility with the information required under subsection 7b77#h7 for such day4 7#b7 ,states and ,federal ,government 7,a7 ,public availability of information 7i7 ,in general ,as soon as possible1 but not later than #bd hours after receiving any information required under paragraph 7#a77;,d77i71 the ,administrator of the ,centers for ,medicare ,medicaid ,services1 in coordination with the ,director of the ,centers for ,disease ,control and ,prevention1 shall make such information publicly available on the ,nursing ,home ,compare website of the ,centers for ,medicare ,medicaid ,services and the ,c,o,v,i,d,view website of the ,centers for ,disease ,control and ,prevention4 7ii7 ,,hipaa compliant information only ,information may only be made publicly available under clause 7i7 if the disclosure of such information would otherwise be permitted under the ,federal regulations 7concerning the privacy of individually identifiable health information7 promulgated under section #bfd7;c7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif 7#db ,u4,s4,c4 #acbj;d-#b note74 7,b7 ,designation of ,,covid-#ai facilities ,for purposes of paragraph 7#a77;,b77iii77,,ii7-- 7i7 the ,administrator of the ,centers for ,medicare ,medicaid ,services shall specify criteria 7which shall include the provision of the services of a registered nurse on a #bd-;hours basis7 for each ,state survey agency to carry out the designation requirement described in clause 7ii7 with respect to nursing facilities2 and 7ii7 each ,state survey agency shall designate a nursing facility in the ,state as a facility dedicated to the care of residents who have been diagnosed with ,,covid-#ai if such facility meets the criteria specified by the ,administrator under clause 7i74 7,c7 ,remote monitoring and surveys ,a ,state survey agency shall-- 7i7 remotely monitor all nursing facilities with at least one resident or employee who has been diagnosed with ,,covid-#ai2 7ii7 in addition to surveys required under subsection 7g71 conduct a survey of a nursing facility1 in the same manner and subject to the same requirements applicable to standard surveys conducted under subsection 7g71 if the facility has a ratio of the number of deaths resulting from ,,covid-#ai to the number of ,,covid-#ai diagnoses that exceeds #e percent1 or the ,state survey agency receives a ,,covid-#ai or staffing related immediate jeopardy complaint regarding the facility2 and 7iii7 ensure that each survey team that conducts a survey under clause 7ii7 has adequate personal protective equipment while conducting such survey4 7#c7 ,civil money penalties ,the ,secretary shall impose a civil money penalty against the operators of a nursing facility in an amount equal to #aj1jjj per day for each violation of a requirement described in subparagraph 7,b71 7,c71 or 7,d7 of paragraph 7#a7 or the reporting of false information under clause 7i7 of such subparagraph 7,d74 ,the provisions of section #aabh;,a 7other than subsections 7a7 and 7b77 shall apply to a civil money penalty under the previous sentence in the same manner as such provisions apply to a penalty or proceeding under section #aabh;,a7a74 4 #c4 ,funding for ,state strike teams for resident and employee safety in skilled nursing facilities and nursing facilities 7a7 ,in general ,of the amounts made available under subsection 7c71 the ,secretary of ,health and ,human ,services 7referred to in this section as the ,secretary7 shall allocate such amounts among the ,states1 in a manner that takes into account the percentage of skilled nursing facilities and nursing facilities in each ,state that have residents or employees who have been diagnosed with ,,covid-#ai1 for purposes of establishing and implementing strike teams in accordance with subsection 7b74 7b7 ,use of funds ,a ,state that receives funds under this section shall use such funds to establish and implement a strike team that will be deployed to a skilled nursing facility or nursing facility in the ,state1 not later than #gb hours after three or more residents or employees of the facility are diagnosed with or suspected of having ,,covid-#ai1 to assist the facility in separating residents and employees who have been exposed to ,,covid-#ai from those residents and employees who have not been so exposed1 supervising testing for ,,covid-#ai1 ensuring any applicable whistleblower protections are being enforced1 and such other needs as determined necessary by the strike team4 ,such strike team shall include members of the ,national ,guard1 public health officials from ,state and local health departments1 experts in geriatrics and long-term care medicine1 representatives of residents or consumers1 and representatives of workers4 7c7 ,authorization of appropriations ,for purposes of carrying out this section1 there is authorized to be appropriated #ejj1jjj1jjj4 7d7 ,definitions ,in this section3 7#a7 ,nursing facility ,the term nursing facility means a nursing facility under the ,medicaid program under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq474 7#b7 ,skilled nursing facility ,the term skilled nursing facility means a skilled nursing facility under the ,medicare program under title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie et seq474 #d4 ,reinstitution of requirements waived for skilled nursing facilities and nursing facilities during ,,covid-#ai emergency period 7a7 ,in general ,with respect to requirements that the ,administrator of the ,centers for ,medicare ,medicaid ,services 7referred to in this section as the ,administrator7 waived for skilled nursing facilities and nursing facilities under section #aace or #ahab7;f7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#e1 #acie;d7f77 for the period beginning on ,march #a1 #bjbj1 and ending on the last day of the emergency period defined in subsection 7g77#a77;,b7 of such section #aace1 the ,administrator shall terminate the waiver of such requirements before the last day of such emergency period upon the determination that skilled nursing facilities and nursing facilities have the capacity to comply with such requirements and that such waiver is no longer necessary4 7b7 ,plan for conducting waived or postponed surveys ,with respect to any survey under section #ahai7;g7 or #aiai7;g7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;i-#c7;g71 #acifr7g77 that is waived or postponed during the period beginning on ,march #a1 #bjbj1 and ending on the last day of the emergency period described in subsection 7a71 the ,administrator shall develop a plan for conducting such survey after such last day4 7c7 ,training and certification of nurse aides ,with respect to any nurse aide with respect to whom the ,administrator waived the application of the requirements under section #dhc4ce7;d7 of title #db1 ,code of ,federal ,regulations1 for the period beginning on ,march #a1 #bjbj1 and ending on the last day of the emergency period described in subsection 7a71 the ,administrator shall prohibit the skilled nursing facility or nursing facility employing such nurse aide from retaining such nurse aide after such last day unless such nurse aide satisfies applicable training and certification requirements under such section not later than #ae days after such last day4 7d7 ,definitions ,in this section3 7#a7 ,nursing facility ,the term nursing facility means a nursing facility under the ,medicaid program under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq474 7#b7 ,skilled nursing facility ,the term skilled nursing facility means a skilled nursing facility under the ,medicare program under title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie et seq474 #e4 ,guidance for certain residential care facilities during ,,covid-#ai emergency period ,not later than #ae days after the date of the enactment of this ,act1 the ,secretary of ,health and ,human ,services 7referred to in this section as the ,secretary7 shall issue guidance for long-term health care facilities1 including assisted living facilities1 other residential care facilities1 and such facilities that are temporary during the emergency period defined in section #aace7;g77#a77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#e7;g77#a77;,b771 that are not subject to oversight by the ,centers for ,medicare ,medicaid ,services on providing access to virtual visitation during any portion of such emergency period in which in-person visitation is restricted and ensuring appropriate infection control and prevention and employee safety during such emergency period4 ,such guidance shall include-- 7#a7 steps that health care facilities described in this subsection should take to provide residents with access to virtual visitation1 including through the purchase or installation of devices purchased for the use or benefit of individual or multiple residents1 that allows residents to communicate with their families during such emergency period2 7#b7 options for such facilities in notifying residents and resident representatives of such access to virtual visitation and how the facility is addressing any operational issues related to such access to virtual visitation2 and 7#c7 steps that health care facilities described in this subsection should take to provide residents and employees with appropriate infection control and prevention1 based on requirements for skilled nursing facilities under subsection 7k7 of section #ahai of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;i-#c71 as added by section #b7;a71 and requirements for nursing facilities under subsection 7k7 of section #aiai of such ,act 7#db ,u4,s4,c4 #acifr71 as added by section #b7;b74