[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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