[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6857 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 6857

To amend title XVIII of the Social Security Act to establish a COVID-19 
          skilled nursing facility payment incentive program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 13, 2020

  Mr. Suozzi introduced the following bill; which was referred to the 
Committee on Ways and Means, and in addition to the Committee on Energy 
    and Commerce, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend title XVIII of the Social Security Act to establish a COVID-19 
          skilled nursing facility payment incentive program.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``COVID-19-Only Homes Organized for 
Resident Treatment Act of 2020'' or the ``COHORT Act of 2020''.

SEC. 2. COVID-19 SKILLED NURSING FACILITY PAYMENT INCENTIVE PROGRAM.

    (a) In General.--Section 1819 of the Social Security Act (42 U.S.C. 
1395i-3) is amended by adding at the end the following new subsection:
    ``(k) COVID-19 Designation Program.--
            ``(1) In general.--Not later than 2 weeks after the date of 
        the enactment of this subsection, the Secretary shall establish 
        a program under which a skilled nursing facility that makes an 
        election described in paragraph (2)(A) and meets the 
        requirements described in paragraph (2)(B) is designated (or a 
        portion of such facility is so designated) as a COVID-19 
        treatment center and receives incentive payments under section 
        1888(e)(13).
            ``(2) Designation.--
                    ``(A) In general.--A skilled nursing facility may 
                elect to be designated (or to have a portion of such 
                facility designated) as a COVID-19 treatment center 
                under the program established under paragraph (1) if 
                the facility submits to the Secretary, at a time and in 
                a manner specified by the Secretary, an application for 
                such designation that contains such information as 
                required by the Secretary and demonstrates that such 
                facility meets the requirements described in 
                subparagraph (B).
                    ``(B) Requirements.--The requirements described in 
                this subparagraph with respect to a skilled nursing 
                facility are the following:
                            ``(i) The facility has a star rating with 
                        respect to staffing of 4 or 5 on the Nursing 
                        Home Compare website (as described in 
                        subsection (i)) and has maintained such a 
                        rating on such website during the 2-year period 
                        ending on the date of the submission of the 
                        application described in subparagraph (A).
                            ``(ii) The facility has a star rating of 4 
                        or 5 with respect to health inspections on such 
                        website and has maintained such a rating on 
                        such website during such period.
                            ``(iii) During such period, the Secretary 
                        or a State has not found a deficiency with such 
                        facility relating to infection control that the 
                        Secretary or State determined immediately 
                        jeopardized the health or safety of the 
                        residents of such facility (as described in 
                        paragraph (1) or (2)(A) of subsection (h), as 
                        applicable).
                            ``(iv) The facility provides care at such 
                        facility (or, in the case of an election made 
                        with respect to a portion of such facility, to 
                        provide care in such portion of such facility) 
                        only to eligible individuals.
                            ``(v) The facility arranges for and 
                        transfers all residents of such facility (or 
                        such portion of such facility, as applicable) 
                        who are not eligible individuals to other 
                        skilled nursing facilities (or other portions 
                        of such facility, as applicable).
                            ``(vi) The facility complies with the 
                        notice requirement described in paragraph (4).
                            ``(vii) The facility meets the reporting 
                        requirement described in paragraph (5).
                            ``(viii) Any other requirement determined 
                        appropriate by the Secretary.
            ``(3) Duration of designation.--
                    ``(A) In general.--A designation of a skilled 
                nursing facility (or portion of such facility) as a 
                COVID-19 treatment center shall begin on a date 
                specified by the Secretary and end upon the earliest of 
                the following:
                            ``(i) The revocation of such designation 
                        under subparagraph (B).
                            ``(ii) The submission of a notification by 
                        such facility to the Secretary that such 
                        facility elects to terminate such designation.
                            ``(iii) The termination of the program (as 
                        specified in paragraph (6)).
                    ``(B) Revocation.--The Secretary may revoke the 
                designation of a skilled nursing facility (or portion 
                of such facility) as a COVID-19 treatment center if the 
                Secretary determines that the facility is no longer in 
                compliance with a requirement described in paragraph 
                (2)(B).
            ``(4) Resident notice requirement.--For purposes of 
        paragraph (2)(B)(vi), the notice requirement described in this 
        paragraph is that, not later than 72 hours before the date 
        specified by the Secretary under paragraph (3)(A) with respect 
        to the designation of a skilled nursing facility (or portion of 
        such facility) as a COVID-19 treatment center, the facility 
        provides a notification to each resident of such facility (and 
        to appropriate representatives or family members of each such 
        resident, as specified by the Secretary) that contains the 
        following:
                    ``(A) Notice of such designation.
                    ``(B) In the case such resident is not an eligible 
                individual (and, in the case such designation is made 
                only with respect to a portion of such facility, 
                resides in such portion of such facility)--
                            ``(i) a specification of when and where 
                        such resident will be transferred (or moved 
                        within such facility);
                            ``(ii) an explanation that, in lieu of such 
                        transfer or move, such resident may arrange for 
                        transfer to such other setting (including a 
                        home) selected by the resident; and
                            ``(iii) if such resident so arranges to be 
                        transferred to a home, information on Internet 
                        resources for caregivers who elect to care for 
                        such resident at home.
                    ``(C) Contact information for the State long-term 
                care ombudsman (established under section 307(a)(12) of 
                the Older Americans Act of 1965) for the applicable 
                State.
            ``(5) Reporting requirement.--
                    ``(A) In general.--For purposes of paragraph 
                (2)(B)(vii), the reporting requirement described in 
                this paragraph is, with respect to a skilled nursing 
                facility, that the facility reports to the Secretary, 
                weekly and in such manner specified by the Secretary, 
                the following (but only to the extent the information 
                described in clauses (i) through (vii) is not otherwise 
                reported to the Secretary weekly):
                            ``(i) The number of COVID-19 related deaths 
                        at such facility.
                            ``(ii) The number of discharges from such 
                        facility.
                            ``(iii) The number of admissions to such 
                        facility.
                            ``(iv) The number of beds occupied and the 
                        number of beds available at such facility.
                            ``(v) The number of residents on a 
                        ventilator at such facility.
                            ``(vi) The number of clinical and 
                        nonclinical staff providing direct patient care 
                        at such facility.
                            ``(vii) Such other information determined 
                        appropriate by the Secretary.
                    ``(B) Nonapplication of paperwork reduction act.--
                Chapter 35 of title 44, United States Code (commonly 
                known as the `Paperwork Reduction Act'), shall not 
                apply to the collection of information under this 
                paragraph.
            ``(6) Definition.--For purposes of this subsection, the 
        term `eligible individual' means an individual who, during the 
        30-day period ending on the first day on which such individual 
        is a resident of a COVID-19 treatment center (on or after the 
        date such center is so designated), was furnished a test for 
        COVID-19 that came back positive.
            ``(7) Termination.--The program established under paragraph 
        (1) shall terminate upon the termination of the emergency 
        period described in section 1135(g)(1)(B).
            ``(8) Prohibition on administrative and judicial review.--
        There shall be no administrative or judicial review under 
        section 1869, 1878, or otherwise of a designation of a skilled 
        nursing facility (or portion of such facility) as a COVID-19 
        treatment center, or revocation of such a designation, under 
        this subsection.''.
    (b) Payment Incentive.--Section 1888(e) of the Social Security Act 
(42 U.S.C. 1395yy(e)) is amended--
            (1) in paragraph (1), in the matter preceding subparagraph 
        (A), by striking ``and (12)'' and inserting ``(12), and (13)''; 
        and
            (2) by adding at the end the following new paragraph:
            ``(13) Adjustment for covid-19 treatment centers.--In the 
        case of a resident of a skilled nursing facility that has been 
        designated as a COVID-19 treatment center under section 1819(k) 
        (or in the case of a resident who resides in a portion of such 
        facility that has been so designated), if such resident is an 
        eligible individual (as defined in paragraph (5) of such 
        section), the per diem amount of payment for such resident 
        otherwise applicable shall be increased by 20 percent to 
        reflect increased costs associated with such residents.''.
                                 <all>