[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4499 Introduced in Senate (IS)]

<DOC>






119th CONGRESS
  2d Session
                                S. 4499

  To amend the Public Health Service Act to require the Secretary of 
Health and Human Services to expand and enhance the National Healthcare 
  Safety Network to establish real-time infectious disease and public 
  health surveillance capabilities across nursing homes in the United 
                    States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 12, 2026

Mr. Tillis (for himself and Mr. Hickenlooper) introduced the following 
  bill; which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
  To amend the Public Health Service Act to require the Secretary of 
Health and Human Services to expand and enhance the National Healthcare 
  Safety Network to establish real-time infectious disease and public 
  health surveillance capabilities across nursing homes in the United 
                    States, 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 ``Advanced Long-term care Early 
Response Technology Act of 2026'' or the ``ALERT Act of 2026''.

SEC. 2. NATIONAL NETWORK OF REAL-TIME INFECTIOUS DISEASE AND PUBLIC 
              HEALTH SURVEILLANCE IN NURSING HOMES.

    Part B of title III of the Public Health Service Act is amended by 
inserting after section 319M (42 U.S.C. 247d-f) the following:

``SEC. 319N. ENHANCEMENT OF NATIONAL HEALTHCARE SAFETY NETWORK FOR 
              REAL-TIME SURVEILLANCE IN NURSING HOMES.

    ``(a) In General.--Not later than 180 days after the date of 
enactment of the Advanced Long-term care Early Response Technology Act 
of 2026, the Secretary, acting through the Director of the Centers for 
Disease Control and Prevention (referred to in this section as the 
`Secretary'), shall carry out a 5-year program to expand and enhance 
the National Healthcare Safety Network (referred to in this section as 
the `NHSN') to establish real-time infectious disease and public health 
surveillance capabilities across nursing homes in the United States.
    ``(b) Contracting Authority.--
            ``(1) In general.--The Secretary may enter into one or more 
        contracts with an eligible entity to develop, implement, and 
        operate the technological and analytic infrastructure necessary 
        to provide real-time surveillance and rapid notification 
        capabilities under the NHSN.
            ``(2) Eligibility.--To be eligible to enter into a contract 
        with the Secretary under paragraph (1), an entity--
                    ``(A) shall be located in, or shall be a subsidiary 
                of an entity that is located in, the United States;
                    ``(B) shall have, and shall maintain for the period 
                of the contract, HITRUST r2 certification (or a 
                successor certification);
                    ``(C) shall not be an electronic medical records 
                company; and
                    ``(D) shall demonstrate experience in establishing 
                and operating a public health surveillance network that 
                monitors infectious diseases or other public health 
                threats at the State or local level.
    ``(c) Required Capabilities.--Any contract entered into under 
subsection (b) shall--
            ``(1) ensure that the infrastructure developed pursuant to 
        the contract is capable of--
                    ``(A) providing real-time monitoring of emerging 
                infectious diseases and other public health threats 
                among nursing homes nationwide;
                    ``(B) integrating with, and enhancing, the 
                reporting systems of the NHSN;
                    ``(C) establishing a central hub of epidemiologists 
                and other public health professionals to support rapid 
                identification of outbreaks;
                    ``(D) providing for immediate notification to 
                appropriate Federal, State, and local health 
                authorities; and
                    ``(E) supporting the implementation of a staffed 
                care management program that skilled nursing facilities 
                may opt into;
            ``(2) ensure appropriate privacy protections for individual 
        patient data; and
            ``(3) prohibit the use of data collected or generated under 
        the contract for regulatory compliance or enforcement purposes 
        unless expressly authorized by law.
    ``(d) HIPAA and Data Protections.--The entity awarded a contract 
under subsection (b)--
            ``(1) shall be treated as a covered entity (as defined in 
        section 160.103 of title 45, Code of Federal Regulations (or 
        successor regulations)) for purposes of the privacy regulations 
        promulgated under section 264(c) of the Health Insurance 
        Portability and Accountability Act of 1996; and
            ``(2) shall comply with all applicable Federal privacy and 
        security requirements.
    ``(e) Study and Report.--At the end of the period of the program 
described in subsection (a), the Secretary shall conduct, and submit to 
Congress a report that describes the results of, a study on--
            ``(1) the effectiveness of the enhanced NHSN system in 
        monitoring infectious diseases and public health threats in 
        nursing homes;
            ``(2) the impact of the enhanced NHSN system on 
        hospitalization rates and patient outcomes; and
            ``(3) recommendations regarding continuation or expansion 
        of the program under this section.
    ``(f) Authorization of Appropriations.--To carry out this section, 
there is authorized to be appropriated such sums as may be necessary 
for each of fiscal years 2027 through 2031.''.

SEC. 3. SUPPORTING OF REAL-TIME INFECTIONS DISEASE AND PUBLIC HEALTH 
              SURVEILLANCE NETWORK FOR NURSING HOMES.

    Section 1115A(b)(2)(B) of the Social Security Act (42 U.S.C. 
1315a(b)(2)(B)) is amended by adding at the end the following new 
clause:
                            ``(xxviii) Supporting the adoption by the 
                        National Healthcare Safety Network of 
                        technology to improve infectious disease 
                        surveillance in nursing homes that--
                                    ``(I) has capabilities for 
                                immediate detection and reporting of 
                                infectious disease outbreaks;
                                    ``(II) facilitates coordinated 
                                responses with local, State, and 
                                Federal public health authorities; and
                                    ``(III) enables nursing homes to 
                                participate in a staffed care 
                                management program to improve resident 
                                health outcomes.''.
                                 <all>