[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3517 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 3517

 To increase the ability of nursing facilities to access to telehealth 
  services and obtain technologies to allow virtual visits during the 
public health emergency relating to an outbreak of coronavirus disease 
                2019 (COVID-19), and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 18, 2020

  Ms. Klobuchar (for herself and Mr. Casey) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
 To increase the ability of nursing facilities to access to telehealth 
  services and obtain technologies to allow virtual visits during the 
public health emergency relating to an outbreak of coronavirus disease 
                2019 (COVID-19), and for other purposes.

    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 ``Advancing Connectivity during the 
Coronavirus to Ensure Support for Seniors Act'' or the ``ACCESS Act''.

                  TITLE I--SUPPLEMENTAL APPROPRIATIONS

SEC. 101. SUPPLEMENTAL APPROPRIATIONS.

    The following sums are hereby appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2020, and for other purposes, namely:

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                              rural health

    For an additional amount for the Telehealth Resource Center of the 
Federal Office of Rural Health Policy of the Office for the Advancement 
of Telehealth, to provide assistance with respect to technical, legal, 
regulatory service delivery or other related barriers to the 
development of telehealth technologies for skilled nursing facilities 
(as defined in section 1819 of the Social Security Act) and nursing 
facilities (as defined in section 1919 of such Act), $50,000,000 to 
remain available through September 30, 2021.

      TITLE II--INCREASED ACCESS TO TELEHEALTH SERVICES AND OTHER 
                              TECHNOLOGIES

SEC. 201. DEFINITIONS.

    In this title:
            (1) COVID-19 public health emergency period.--The term 
        ``COVID-19 public health emergency period'' means the portion 
        of the emergency period defined in paragraph (1)(B) of section 
        1135(g) of the Social Security Act (42 U.S.C. 1320b-5(g)) 
        beginning on or after the date of the enactment of this Act.
            (2) Medicaid program.--The term ``Medicaid program'' means, 
        with respect to a State, the State program under title XIX of 
        the Social Security Act (42 U.S.C. 1396 et seq.) (including any 
        waiver or demonstration under such title or under section 1115 
        of such Act (42 U.S.C. 1315) relating to such title).
            (3) Medicare.--The term ``Medicare'' means the program of 
        health insurance for the aged and disabled established under 
        title XVIII of the Social Security Act.
            (4) Nursing facility.--The term ``nursing facility'' has 
        the meaning given that term in section 1919(a) of the Social 
        Security Act (42 U.S.C. 1396r(a)).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
            (6) Skilled nursing facility.--The term ``skilled nursing 
        facility'' has the meaning given that term in section 1819(a) 
        of the Social Security Act (42 U.S.C. 1395i-3(a)).
            (7) State.--The term ``State'' has the meaning given such 
        term for purposes of title XIX of the Social Security Act (42 
        U.S.C. 1396 et seq.).

SEC. 202. IDENTIFICATION OF BARRIERS TO NURSING FACILITIES ACCESSING 
              TELEHEALTH SERVICES UNDER MEDICARE AND MEDICAID DURING 
              THE COVID-19 PUBLIC HEALTH EMERGENCY.

    (a) Congressional Briefing.--Not later than 15 days after the date 
of enactment of this Act, the Secretary shall brief the congressional 
committees specified in subsection (c) on options for immediately 
increasing access during the COVID-19 public health emergency period to 
telehealth services for which payment is available under Medicare for 
skilled nursing facilities and under Medicaid for nursing facilities. 
The briefing shall also include--
            (1) information regarding the extent to which access to 
        telehealth services is required for any facilities that are 
        temporarily designated during the COVID-19 public health 
        emergency period as participating providers under Medicare, 
        Medicaid, or both, for purposes of furnishing skilled nursing 
        services or nursing facility services to individuals who are 
        eligible for such services under Medicare or Medicaid; and
            (2) recommendations for such administrative and legislative 
        actions, including with respect to funding, as the Secretary 
        determines are necessary.
    (b) Report.--The Secretary shall submit a report to the 
congressional committees specified in subsection (c) after the briefing 
required under subsection (a) occurs that includes a summary of the 
briefing, any new or additional information requested during such 
briefing, and such other information as the Secretary determines 
appropriate.
    (c) Congressional Committees Specified.--The congressional 
committees specified in this subsection are the following:
            (1) The Committees on Finance, Health, Education, Labor, 
        and Pensions, Commerce, Science, and Transportation, and the 
        Special Committee on Aging of the Senate.
            (2) The Committees on Ways and Means and Energy and 
        Commerce of the House of Representatives.

SEC. 203. AUTHORITY TO AWARD GRANTS TO NURSING FACILITIES FOR 
              SUPPORTING VIRTUAL VISITS DURING THE COVID-19 PUBLIC 
              HEALTH EMERGENCY.

    (a) In General.--The Secretary shall award grants directly to 
skilled nursing facilities and nursing facilities in accordance with 
this section to support virtual visits by family members and other 
individuals for residents of such facilities during the COVID-19 public 
health emergency period.
    (b) Application Requirements.--A facility 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 shall require.
    (c) Use of Funds.--A facility awarded a grant under this section 
may only use the funds for expenditures attributable to obtaining and 
using--
            (1) technologies to support virtual visits by family 
        members and other individuals for residents of the facility; 
        and
            (2) any other items or services necessary to carry out the 
        purposes for the grant described in subsection (a).
    (d) FCC Coordination.--
            (1) In general.--The Federal Communications Commission (in 
        this subsection referred to as the ``Commission'') shall 
        coordinate with the Secretary in implementing the grant program 
        established under this section.
            (2) Waiver authority.--The Commission shall waive such 
        requirements of the Rural Health Care program under subpart G 
        of part 54 of title 47, Code of Federal Regulations (or any 
        successor regulation) as necessary, and for such periods as 
        necessary, to ensure all facilities awarded a grant under this 
        section are able to carry out the purposes for the grant 
        described in subsection (a).
    (e) Limitations.--
            (1) Termination of authority.--The Secretary shall not 
        award any grants under this section after the end of the COVID-
        19 public health emergency period.
            (2) Supplement, not supplant.--Federal funds paid to a 
        skilled nursing facility or a nursing facility pursuant to this 
        section must be used to supplement, but not supplant, any other 
        Federal, State, or local funds available to the facility that 
        may be used for a purpose specified in subsection (c).
    (f) Report.--Not later than 30 days after the end of the COVID-19 
public health emergency period, the Secretary shall submit a report to 
Congress on the grants awarded under this section.
    (g) Appropriation.--There are appropriated to the Secretary for 
fiscal year 2020 from any funds in the Treasury not otherwise 
appropriated, such sums as are necessary to carry out this section, to 
remain through the last day of the month following the month in which 
the COVID-19 public health emergency period ends.

                        TITLE III--MISCELLANEOUS

SEC. 301. EMERGENCY DESIGNATION.

    (a) In General.--The amounts provided by this Act are designated as 
an emergency requirement pursuant to section 4(g) of the Statutory Pay-
As-You-Go Act of 2010 (2 U.S.C. 933(g)).
    (b) Designation in Senate.--In the Senate, this Act is designated 
as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 
71 (115th Congress), the concurrent resolution on the budget for fiscal 
year 2018.
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