[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1574 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 1574
To ensure that hospitals that participate in the medicare program under
title XVIII of the Social Security Act are able to appropriately
recognize and respond to epidemics resulting from natural causes and
bioterrorism.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 25, 2001
Mr. Rockefeller introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To ensure that hospitals that participate in the medicare program under
title XVIII of the Social Security Act are able to appropriately
recognize and respond to epidemics resulting from natural causes and
bioterrorism.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Public Health
Emergency Planning and Information Act of 2001''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Finding.
Sec. 3. Definitions.
Sec. 4. Public health crisis education, information, and grant program.
Sec. 5. Health disaster mitigation grant program for medicare
hospitals.
Sec. 6. Post-disaster compensation funding for medicare hospitals.
SEC. 2. FINDING.
The Senate finds that, during a public health crisis, such as a
deliberate act of bioterrorism or a natural epidemic, qualified
professionals should be able to deliver accurate and timely information
to the public in order to prevent panic and to promote public health.
SEC. 3. DEFINITIONS.
In this Act:
(1) Medicare hospital.--The term ``medicare hospital''
means a hospital (as defined in section 1861(e) of the Social
Security Act (42 U.S.C. 1395x(e))) that has entered into an
agreement under section 1866 of such Act (42 U.S.C. 1395cc) or
a critical access hospital (as defined in section 1861(mm)(1)
of such Act (42 U.S.C. 1395x(mm)(1))).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 4. PUBLIC HEALTH CRISIS EDUCATION, INFORMATION, AND GRANT PROGRAM.
(a) Establishment of Program.--
(1) In general.--The Secretary, acting through the Office
of Emergency Preparedness of the Public Health Service, shall
carry out a public health crisis education, information, and
grant program in accordance with the provisions of this
section.
(2) Consultation.--In carrying out the public health crisis
education, information, and grant program under this section,
the Secretary shall consult with the Director of the Federal
Emergency Management Agency.
(b) Publication of Educational Materials.--
(1) In general.--The Secretary shall publish public health
crisis educational materials for use by medicare hospitals and
the general public.
(2) Contents.--The educational materials published under
paragraph (1) shall contain--
(A) in the case of materials for medicare
hospitals, information regarding--
(i) basic personal safety of the staff of
the hospital during an epidemic resulting from
natural causes or bioterrorism; and
(ii) planning a response to such an
epidemic; and
(B) in the case of materials for the general
public, information that--
(i) addresses--
(I) basic personal safety,
planning, and emergency preparedness
for families; and
(II) essential facts about the
symptoms and best responses to
suspected exposures to the biological
agents that the Secretary determines to
be the highest risk for bioterrorist
use; and
(ii) is designed to prepare the public for
the most likely foreseeable bioterrorism events
in order to avert panic and misinformation.
(3) Exclusion of medical advice.--The educational materials
published under paragraph (1) shall not include advice on how
to treat victims of an epidemic resulting from natural causes
or bioterrorism.
(4) Distribution.--
(A) In general.--Not later than January 31, 2002,
the Secretary shall distribute the public health crisis
educational materials published under paragraph (1) to
the public through the Health Alert Network of the
Centers for Disease Control and Prevention.
(B) Internet availability.--In addition to
distributing the educational materials under
subparagraph (A), the Secretary shall make such
materials available on the Internet.
(c) Information Regarding Community and Media Communications.--
(1) In general.--The Secretary shall publish information
regarding community and media communications for medicare
hospitals.
(2) Contents.--The information under paragraph (1) shall
contain basic information regarding--
(A) the materials available through the Centers for
Disease Control and Prevention relating to
communications between medicare hospitals and the
media; and
(B) the identification of likely biological agents
that may cause an epidemic.
(3) Distribution.--Not later than January 31, 2002, the
Secretary shall distribute the information published under
paragraph (1) to medicare hospitals.
(4) Authority to award grants.--
(A) In general.--Subject to subparagraph (B), the
Secretary may award grants to medicare hospitals that
have submitted applications in accordance with
paragraph (6).
(B) Maximum amount of grant.--The aggregate amount
of grants awarded to a hospital under this paragraph
during a year may not exceed $5,000.
(5) Use of funds.--Grants awarded under paragraph (4) may
be used for activities such as--
(A) to adapt the educational materials distributed
under subsection (b) for local use; and
(B) to assist hospitals in applying the information
regarding community and media relations distributed
under subsection (c) and in developing ties with the
local and regional media.
(6) Application.--A medicare hospital seeking a grant under
paragraph (4) shall submit an application to the Secretary at
such time, in such form and manner, and containing such
information as the Secretary may require.
(d) Program for Communication to Press and Public.--The Secretary,
acting through the Office of Communication of the Centers for Disease
Control and Prevention, shall establish a program to provide the
necessary staff and resources to communicate with the public and the
press during a public health crisis, to maintain updated media
resources, and to promote public health awareness in the course of the
regular activities of the Centers for Disease Contol and Prevention.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
$5,000,000 for fiscal year 2002 to carry out this section
(other than subsection (d)).
(2) Communication program.--There are authorized to be
appropriated $5,000,000 for fiscal year 2002 to carry out
subsection (d)).
(3) Availability.--Any amounts appropriated under the
authority contained in this subsection shall remain available,
without fiscal year limitation, through September 30, 2011.
SEC. 5. HEALTH DISASTER MITIGATION GRANT PROGRAM FOR MEDICARE
HOSPITALS.
(a) Epidemic Training, Recognition, and Response Standards
Defined.--In this section, the term ``epidemic training, recognition,
and response standards'' means standards identified by the Secretary as
being designed to educate the staff of medicare hospitals regarding
epidemics resulting from natural causes or bioterrorism and to enable
such staff to effectively recognize and respond to such epidemics.
Standards that the Secretary may identify include the following:
(1) Emergency management guidelines developed by the Joint
Commission of Accreditation of Healthcare Organizations.
(2) Curricula for emergency medicine developed by the
American College of Emergency Physicians.
(3) Standards developed by a Federal agency responsible for
homeland security.
(4) Any other standards that the Secretary determines
appropriate.
(b) Grants Authorized.--The Secretary may award grants to medicare
hospitals that have submitted applications in accordance with
subsection (d) for the purpose of assisting such hospitals in meeting
the epidemic training, recognition, and response standards.
(c) Use of Funds.--
(1) In general.--Subject to paragraph (2), grants awarded
under subsection (b) may be used for activities such as--
(A) training the staffs of medicare hospitals in
emergency medicine in accordance with the epidemic
training, recognition, and response standards;
(B) increasing communication between medicare
hospitals, health care systems, prehospital emergency
responders, and law enforcement personnel in accordance
with such standards;
(C) purchasing pharmaceuticals and supplies
required by such standards intended for use only in
public health emergencies; and
(D) purchasing decontamination or safety equipment
required by such standards.
(2) Supplement and not supplant.--Funds made available
under a grant awarded under subsection (b) shall be used to
supplement and not supplant other Federal, State, and local
funds expended for the activities described in paragraph (1).
(d) Application.--A medicare hospital (or a consortium of medicare
hospitals) seeking a grant under this section shall submit an
application to the Secretary at such time, in such form and manner, and
containing such information as the Secretary may require.
(e) Approval.--In approving applications submitted under subsection
(d), the Secretary shall give priority to those applications that are
submitted by a consortium of medicare hospitals.
(f) Maximum Amount of Grant.--A grant awarded under this section
may not exceed $5,000,000.
(g) Medicare Hospital Required To Furnish Secretary With
Information.--A medicare hospital receiving a grant under this section
shall furnish the Secretary with such information as the Secretary may
require--
(1) to evaluate the activity for which the grant is made;
and
(2) to ensure that funding provided under the grant is
expended for the purposes for which it is made.
(h) Reports.--
(1) Interim reports.--
(A) In general.--The Secretary shall submit, at
least annually, a report on the grant program
established under this section to the appropriate
committees of Congress.
(B) Contents.--A report submitted under
subparagraph (A) shall include information on--
(i) the number of grants made;
(ii) the nature of the activities for which
funding is provided under the grant program;
(iii) the geographic distribution of grant
recipients; and
(iv) such other matters as the Secretary
determines appropriate.
(2) Final report.--Not later than 6 months after the
completion of all of the activities for which a grant is made
under this section, the Secretary shall submit a final report
to the committees referred to in paragraph (1)(A) on the grant
program established under this section, together with such
recommendations for legislation and administrative action as
the Secretary determines appropriate.
(i) Authorization of Appropriations.--
(1) Authorization.--There are authorized to be appropriated
$250,000,000, for fiscal year 2002, to carry out this section.
(2) Availability.--Any amounts appropriated under the
authority contained in paragraph (1) shall remain available,
without fiscal year limitation, through September 30, 2011.
SEC. 6. POST-DISASTER COMPENSATION FUNDING FOR MEDICARE HOSPITALS.
(a) Grants Authorized.--The Secretary may award grants to medicare
hospitals that serve an area that the President has determined warrants
assistance by the Federal Government under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act due to the direct effects
of an epidemic that have submitted applications in accordance with
subsection (c) for the purpose of reimbursing the costs described in
subsection (b).
(b) Use of Funds.--
(1) In general.--Subject to paragraph (2), grants awarded
under subsection (a) may be used to reimburse the following
costs:
(A) The cost of replacing decontamination or safety
equipment that was used during the period for which the
President has determined assistance is warranted under
subsection (a) to restore emergency preparedness.
(B) The cost of providing health care to uninsured
individuals during such a period.
(C) The cost of paying unexpected overtime
compensation to primary and secondary health care
providers who were needed to create temporary surge
capacity during such a period.
(2) Supplement and not supplant.--Funds made available
under a grant awarded under subsection (a) shall be used to
supplement and not supplant other Federal, State, and local
funds expended to reimburse the costs described in paragraph
(1).
(c) Application.--A medicare hospital seeking a grant under this
section shall submit an application to the Secretary at such time, in
such form and manner, and containing such information as the Secretary
may require.
(d) Maximum Amount of Grant.--A grant awarded under this section
may not exceed $1,000,000.
(e) Medicare Hospital Required To Furnish Secretary With
Information.--A medicare hospital receiving a grant under this section
shall furnish the Secretary with such information as the Secretary may
require to ensure that funding provided under the grant is expended for
the purposes for which it is made.
(f) Reports.--
(1) Interim reports.--
(A) In general.--The Secretary shall submit, at
least annually, a report on the grant program
established under this section to the appropriate
committees of Congress.
(B) Contents.--A report submitted under
subparagraph (A) shall include information on--
(i) the number of grants made;
(ii) the nature of the costs reimbursed
under the grant program;
(iii) the geographic distribution of grant
recipients; and
(iv) such other matters as the Secretary
determines appropriate.
(2) Final report.--Not later than March 30, 2011, the
Secretary shall submit a final report to the committees
referred to in paragraph (1)(A) on the grant program
established under this section, together with such
recommendations for legislation and administrative action as
the Secretary determines appropriate.
(g) Authorization of Appropriations.--
(1) Authorization.--There are authorized to be appropriated
$50,000,000, for fiscal year 2002, to carry out this section.
(2) Availability.--Any amounts appropriated under the
authority contained in paragraph (1) shall remain available,
without fiscal year limitation, through September 30, 2011.
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