[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3004 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 3004
To amend title 38, United States Code, to establish new requirements
for State homes for veterans that receive per diem from the Secretary
of Veterans Affairs, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 19, 2021
Mr. Warnock introduced the following bill; which was read twice and
referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to establish new requirements
for State homes for veterans that receive per diem from the Secretary
of Veterans Affairs, 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 ``Improving Care for Veterans Act''.
SEC. 2. REQUIREMENT THAT STATE HOMES FOR VETERANS HAVE GOVERNING BODIES
AND ADMINISTRATORS AND PAYMENTS TO ASSIST STATE HOMES IN
HIRING INFECTION PREVENTIONISTS.
(a) Governing Bodies and Administrators.--
(1) In general.--Subchapter V of chapter 17 of title 38,
United States Code, is amended by inserting after section 1741
the following new section:
``Sec. 1741A. Administration requirements
``As a condition on the receipt of per diem payments under this
subchapter, a State home shall--
``(1) have a governing body that--
``(A) is legally responsible for establishing and
implementing policies regarding the management and
operation of the State home;
``(B) consists of more than one person; and
``(C) appoints an administrator or deputy
superintendent described in paragraph (2);
``(2) employ an administrator or deputy superintendent
who--
``(A) is licensed by the State, if required by
State law; and
``(B) meets standards established by the Secretary
of Health and Human Services under sections 1819(f)(4)
and 1919(f)(4) of the Social Security Act (42 U.S.C.
1395i-3(f)(4), 1396r(f)(4));
``(3) employ an infection preventionist (as that term is
defined in section 1744A of this title); and
``(4) include in information submitted each year to the
Secretary--
``(A) the name of the infection preventionist
employed under paragraph (3); and
``(B) an emergency plan, updated annually, in case
of a public health emergency or other disaster.''.
(2) Clerical amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after the
item relating to section 1741 the following new item:
``1741A. Administration requirements.''.
(b) Funding of Infection Preventionists.--
(1) Establishment.--Such subchapter is further amended by
inserting after section 1744 the following new section:
``Sec. 1744A. Hiring and retention of infection preventionists:
payments to assist States
``(a) Payment Program.--The Secretary shall make payments to States
under this section for the purpose of assisting State homes in the
hiring and retention of infection preventionists.
``(b) Eligible Recipients.--Payments to a State for a fiscal year
under this section shall, subject to submission of an application, be
made to any State that during that fiscal year receives per diem
payments under this subchapter for that fiscal year.
``(c) Limitations on Amount of Payment.--A payment under this
section may not be used to provide more than 50 percent of the salary
or wages for an infection preventionist for a fiscal year.
``(d) Applications.--(1) A payment under this section for any
fiscal year with respect to any State home may only be made based upon
an application submitted by the State seeking such payment with respect
to that State home.
``(2) Each application under paragraph (1) shall describe the
salary or wages of the infection preventionist.
``(e) Source of Funds.--Payments under this section shall be made
from funds available for other payments under this subchapter.
``(f) Disbursement.--Payments under this section to a State home
shall be made as part of the disbursement of payments under section
1741 of this title with respect to that State home.
``(g) Use of Certain Receipts.--The Secretary shall require as a
condition of any payment under this section that, in any case in which
the State home receives a refund payment made by an employee in breach
of the terms of an agreement for employee assistance that used funds
provided under this section, the payment shall be returned to the
incentive program account for the State home and credited as a non-
Federal funding source.
``(h) Annual Report.--(1) Any State home receiving a payment under
this section for any fiscal year, shall, as a condition of the payment,
be required to agree to provide to the Secretary a report setting forth
in detail the use of funds received through the payment.
``(2)(A) Each report under paragraph (1) for a fiscal year shall be
provided to the Secretary not later than 60 days after the end of the
fiscal year and shall be subject to audit by the Secretary.
``(B) Eligibility for payment under this section for any fiscal
year is contingent upon the receipt by the Secretary of the annual
report under this subsection for the previous fiscal year in accordance
with this subsection.
``(i) Regulations.--(1) The Secretary shall prescribe regulations
to carry out this section.
``(2) Regulations required under paragraph (1) shall include the
establishment of criteria for the award of payments under this section.
``(j) Infection Preventionist Defined.--In this section, the term
`infection preventionist', with respect to a State home, means an
individual--
``(1) who has primary professional training in nursing,
medical technology, microbiology, epidemiology, or a related
field;
``(2) whom the Secretary determines is qualified by
education, training, experience, or certification;
``(3) who works at least part-time at the State home; and
``(4) who has completed specialized training in infection
prevention and control.''.
(2) Clerical amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after the
item relating to section 1744 the following new item:
``1744A. Hiring and retention of infection preventionists: payments to
assist States.''.
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