[Congressional Record Volume 166, Number 140 (Thursday, August 6, 2020)]
[Senate]
[Pages S5314-S5317]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2623. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

 TITLE __--SUPPORTING PATIENTS, PROVIDERS, OLDER AMERICANS, AND FOSTER 
                    YOUTH IN RESPONDING TO COVID-19

           Subtitle A--Promoting Access to Care and Services

     SEC. _01. MAINTAINING 2021 MEDICARE PART B PREMIUM AND 
                   DEDUCTIBLE AT 2020 LEVELS CONSISTENT WITH 
                   ACTUARIALLY FAIR RATES.

       (a) 2021 Premium and Deductible and Repayment Through 
     Future Premiums.--Section 1839(a) of the Social Security Act 
     (42 U.S.C. 1395r(a)) is amended--
       (1) in the second sentence of paragraph (1), by striking 
     ``(5) and (6)'' and inserting ``(5), (6), and (7)'';
       (2) in paragraph (6)(C)--
       (A) in clause (i), by striking ``section 1844(d)(1)'' and 
     inserting ``subsections (d)(1) and (e)(1) of section 1844''; 
     and
       (B) in clause (ii), by striking ``paragraph (5)'' and 
     inserting ``paragraphs (5) and (7)''; and
       (3) by adding at the end the following:
       ``(7) In applying this part (including subsection (i) and 
     section 1833(b)), the monthly actuarial rate for enrollees 
     age 65 and over for 2021 shall be the same as the monthly 
     actuarial rate for enrollees age 65 and over for 2020.''.
       (b) Transitional Government Contribution.--Section 1844 of 
     the Social Security Act (42 U.S.C. 1395w) is amended--
       (1) in subsection (a), by adding at the end the following 
     new sentence: ``In applying paragraph (1), the amounts 
     transferred under subsection (e)(1) with respect to enrollees 
     described in subparagraphs (A) and (B) of such subsection 
     shall be treated as premiums payable and deposited in the 
     Trust Fund under subparagraphs (A) and (B), respectively, of 
     paragraph (1).''; and
       (2) by adding at the end the following:
       ``(e)(1) For 2021, there shall be transferred from the 
     General Fund to the Trust Fund an amount, as estimated by the 
     Chief Actuary of the Centers for Medicare & Medicaid 
     Services, equal to the reduction in aggregate premiums 
     payable under this part for a month in such year (excluding 
     any changes in amounts collected under section 1839(i)) that 
     are attributable to the application of section 1839(a)(7) 
     with respect to--
       ``(A) enrollees age 65 and over; and
       ``(B) enrollees under age 65.
     Such amounts shall be transferred from time to time as 
     appropriate.
       ``(2) Premium increases affected under section 1839(a)(6) 
     shall not be taken into account in applying subsection (a).
       ``(3) There shall be transferred from the Trust Fund to the 
     General Fund of the Treasury amounts equivalent to the 
     additional premiums payable as a result of the application of 
     section 1839(a)(6), excluding the aggregate payments 
     attributable to the application of section 
     1839(i)(3)(A)(ii)(II).''.
       (c) Additional Transitional Government Contribution.--
     Section 1844 of the Social Security Act (42 U.S.C. 1395w), as 
     amended by subsection (b)(2), is amended by adding at the end 
     the following:
       ``(f)(1) There shall be transferred from the General Fund 
     of the Treasury to the Trust

[[Page S5315]]

     Fund an amount, as estimated by the Chief Actuary of the 
     Centers for Medicare & Medicaid Services, equal to amounts 
     paid under the advance payment program under section 421.214 
     of title 42, Code of Federal Regulations (or any successor 
     regulation) during the period beginning on March 28, 2020, 
     and ending on July 9, 2020.
       ``(2) There shall be transferred from the Trust Fund to the 
     General Fund of the Treasury amounts equivalent to the sum 
     of--
       ``(A) the amounts by which claims have offset (in whole or 
     in part) the amount of such advance payments described in 
     paragraph (1); and
       ``(B) the amount of such advance payments that has been 
     repaid (in whole or in part), under the advance payment 
     program under such section 421.214 (or any such successor 
     regulation).
       ``(3) Amounts described in paragraphs (1) and (2) shall be 
     transferred from time to time as appropriate.''.
       (d) Indentation Correction.--Section 1839(i)(3)(A)(ii) of 
     the Social Security Act (42 U.S.C. 1395r(i)(3)(A)(ii)) is 
     amended by moving the indentation of subclause (I) two ems to 
     the right.

     SEC. _02. IMPROVEMENTS TO THE MEDICARE HOSPITAL ACCELERATED 
                   AND ADVANCE PAYMENTS PROGRAMS DURING THE COVID-
                   19 PUBLIC HEALTH EMERGENCY.

       (a) Part A.--
       (1) Repayment periods.--Section 1815(f)(2)(C) of the Social 
     Security Act (42 U.S.C. 1395g(f)(2)(C)) is amended--
       (A) in clause (i), by striking ``120 days'' and inserting 
     ``270 days''; and
       (B) in clause (ii), by striking ``12 months'' and inserting 
     ``18 months''.
       (2) Authority for discretion.--Section 1815(f)(2)(A)(ii) of 
     the Social Security Act (42 U.S.C. 1395g(f)(2)(A)(ii)) is 
     amended by inserting ``(or, with respect to requests 
     submitted to the Secretary on or after July 9, 2020, 
     may)''after ``shall.''.
       (b) Part B.--In carrying out the advance payments program 
     described in section 421.214 of title 42, Code of Federal 
     Regulations (or a successor regulation), the Secretary of 
     Health and Human Services, in the case of a payment made 
     under such program during the emergency period described in 
     section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 
     1320b-5(g)(1)(B)), upon request of the supplier receiving 
     such payment, shall--
       (1) provide up to 270 days before claims are offset to 
     recoup the payment; and
       (2) allow not less than 14 months from the date of the 
     first advance payment before requiring that the outstanding 
     balance be paid in full.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if included in the enactment of the 
     Coronavirus Aid, Relief, and Economic Security Act (Public 
     Law 116-136).
       (d) Implementation.--Notwithstanding any other provision of 
     law, the Secretary of Health and Human Services may implement 
     the provisions of, and the amendments made by, this section 
     by program instruction or otherwise.

     SEC. _03. AUTHORITY TO EXTEND MEDICARE TELEHEALTH WAIVERS.

       (a) Authority.--Section 1834(m) of the Social Security Act 
     (42 U.S.C. 1395m(m)) is amended by adding at the end the 
     following new paragraph:
       ``(9) Authority to extend telehealth waivers and 
     policies.--
       ``(A) Authority.--Notwithstanding the preceding provisions 
     of this subsection and section 1135, subject to subparagraph 
     (B), if the emergency period under section 1135(g)(1)(B) 
     expires prior to December 31, 2021, the authority provided 
     the Secretary under section 1135(b)(8) to waive or modify 
     requirements with respect to a telehealth service, and 
     modifications of policies with respect to telehealth services 
     made by interim final rule applicable to such period, shall 
     be extended through December 31, 2021.
       ``(B) No requirement to extend.-- Nothing in subparagraph 
     (A) shall require the Secretary to extend any specific waiver 
     or modification or modifications of policies that the 
     Secretary does not find appropriate for extension.
       ``(C) Implementation.--Notwithstanding any provision of 
     law, the provisions of this paragraph may be implemented by 
     interim final rule, program instructions or otherwise.''.
       (b) MedPAC Evaluation and Report.--
       (1) Study.--
       (A) In general.--The Medicare Payment Advisory Commission 
     (in this subsection referred to as the ``Commission'') shall 
     conduct an evaluation of--
       (i) the expansions of telehealth services under part B of 
     title XVII of the Social Security Act related to the COVID-19 
     public health emergency described in section 1135(g)(1)(B) of 
     such Act (42 U.S.C. 1320b-5(g)(1)(B)); and
       (ii) the appropriate treatment of such expansions after the 
     expiration of such public health emergency.
       (B) Analysis.--The evaluation under subparagraph (A) shall 
     include an analysis of each the following:
       (i) Which, if any, of such expansions should be continued 
     after the expiration of the such public health emergency,
       (ii) Whether any such continued expansions should be 
     limited to, or differentially applied to, clinicians 
     participating in certain value-based payment models.
       (iii) How Medicare should pay for telehealth services after 
     the expiration of such public health emergency, and the 
     implications of payment approaches on aggregate Medicare 
     program spending,
       (iv) Medicare program integrity and beneficiary safeguards 
     that may be warranted with the coverage of telehealth 
     services.
       (v) The implications of expanded Medicare coverage of 
     telehealth services for beneficiary access to care and the 
     quality of care provided via telehealth.
       (vi) Other areas determined appropriate by the Commission.
       (2) Report.--Not later than June 15, 2021, the Commission 
     shall submit to Congress a report containing the results of 
     the evaluation conducted under paragraph (1), together with 
     recommendations for such legislation and administrative 
     action as the Commission determines appropriate.
       (c) HHS Provision of Information and Study and Report.--
       (1) Pre-covid-19 public health emergency telehealth 
     authority.--Not later than 3 months after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services (in this subsection referred to as the 
     ``Secretary'') shall make available on the internet website 
     of the Centers for Medicare & Medicaid Services information 
     describing the requirements applicable to telehealth services 
     and other virtual services under the original Medicare fee-
     for-service program under parts A and B of title XVIII of the 
     Social Security Act (42 U.S.C. 1395 et seq.) and the Medicare 
     Advantage program under part C of such title prior to the 
     waiver or modification of such requirements during the 
     emergency period described in section 1135(g)(1)(B) of the 
     Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)), as 
     established by statute, regulation, and sub-regulatory 
     guidance under such title.
       (2) Study and report.--
       (A) Study.--The Secretary shall conduct a study on the 
     impact of telehealth and other virtual services furnished 
     under the Medicare program under title XVIII of the Social 
     Security Act (42 U.S.C. 1395 et seq.) during the emergency 
     period described in section 1135(g)(1)(B) of such Act (42 
     U.S.C. 1320b-5(g)(1)(B)). In conducting such study, the 
     Secretary shall--
       (i) assess the impact of such services on access to care, 
     health outcomes, and spending by type of physician, 
     practitioner, or other entity, and by patient demographics 
     and other characteristics that include--

       (I) age, gender, race, and type of eligibility for the 
     Medicare program;
       (II) dual eligibility for both the Medicare program and the 
     Medicaid program under title XIX of such Act (42 U.S.C. 1396 
     et seq.);
       (III) residing in an area of low-population density or a 
     health professional shortage area (as defined in section 
     332(a)(1)(A) of the Public Health Service Act (42 U.S.C. 
     254e(a)(1)(A))) ;
       (IV) diagnoses, such as a diagnosis of COVID-19, a chronic 
     condition, or a mental health disorder or substance use 
     disorder;
       (V) telecommunication modality used, including extent to 
     which the services are furnished using audio-only technology;
       (VI) residing in a State other than the State in which the 
     furnishing physician, practitioner, or other entity is 
     located; and
       (VII) other characteristics and information determined 
     appropriate by the Secretary; and

       (ii) to the extent feasible, assess such impact based on--

       (I) the type of technology used to furnish the service;
       (II) the extent to which patient privacy is protected;
       (III) the extent to which documented or suspected fraud or 
     abuse occurred; and
       (IV) patient satisfaction.

       (B) Use of information.--The Secretary may use reliable 
     non-governmental sources of information in assessing the 
     impact of characteristics described in subparagraph (A) under 
     the study.
       (C) Report.--
       (i) Interim provision of information.--The Secretary shall, 
     as determined appropriate, periodically during such emergency 
     period, post on the internet website of the Centers for 
     Medicare & Medicaid services data on utilization of 
     telehealth and other virtual services under the Medicare 
     program and the impact of characteristics described in 
     subparagraph (A) on such utilization.
       (ii) Report.--Not later than 15 months after date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the study conducted under subparagraph (A), 
     together with recommendations for such legislation and 
     administrative action as the Secretary determines 
     appropriate.

     SEC. _04. EXTENDING MEDICARE TELEHEALTH FLEXIBILITIES FOR 
                   FEDERALLY QUALIFIED HEALTH CENTERS AND RURAL 
                   HEALTH CLINICS.

       (a) In General.--Section 1834(m) of the Social Security Act 
     (42 U.S.C. 1395m(m)) is amended--
       (1) in paragraph (4)(C)--
       (A) in clause (i), in the matter preceding subclause (I), 
     by striking ``and (7)'' and inserting ``(7), and (8)''; and
       (B) in clause (ii)(X), by inserting ``or paragraph 
     (8)(A)(i)'' before the period; and
       (2) in paragraph (8)--
       (A) in the paragraph heading by inserting ``and for an 
     additional period after'' after ``during '';
       (B) in subparagraph (A)--
       (i) in the matter preceding clause (i), by inserting ``and 
     the 5-year period beginning on

[[Page S5316]]

     the first day after the end of such emergency period'' after 
     ``1135(g)(1)(B)'';
       (ii) in clause (ii), by striking ``and'' at the end;
       (iii) by redesignating clause (iii) as clause (iv); and
       (iv) by inserting after clause (ii) the following new 
     clause:
       ``(iii) the geographic requirements described in paragraph 
     (4)(C)(i) shall not apply with respect to such a telehealth 
     service; and'';
       (C) in subparagraph (B)(i)--
       (i) in the first sentence, by inserting ``and the 5-year 
     period beginning on the first day after the end of such 
     emergency period'' before the period; and
       (ii) in the third sentence, by striking ``program 
     instruction or otherwise'' and inserting ``interim final 
     rule, program instruction, or otherwise''; and
       (D) by adding at the end the following new subparagraph:
       ``(C) Requirement during additional period.--
       ``(i) In general.--During the 5-year period beginning on 
     the first day after the end of the emergency period described 
     in section 1135(g)(1)(B), payment may only be made under this 
     paragraph for a telehealth service described in subparagraph 
     (A)(i) that is furnished to an eligible telehealth individual 
     if such service is furnished by a qualified provider (as 
     defined in clause (ii)).
       ``(ii) Definition of qualified provider.--For purposes of 
     this subparagraph, the term `qualified provider' means, with 
     respect to a telehealth service described in subparagraph 
     (A)(i) that is furnished to an eligible telehealth 
     individual, a Federally qualified health center or rural 
     health clinic that furnished to such individual, during the 
     3-year period ending on the date the telehealth service was 
     furnished, an item or service in person for which--

       ``(I) payment was made under this title; or
       ``(II) such payment would have been made if such individual 
     were entitled to, or enrolled for, benefits under this title 
     at the time such item or service was furnished.''.

       (b) Effective Date.--The amendments made by this section 
     (other than the amendment made by subsection (a)(2)(D)) shall 
     take effect as if included in the enactment of the 
     Coronavirus Aid, Relief, and Economic Security Act (Public 
     Law 116-136).

     SEC. _05. SUPPORT FOR OLDER FOSTER YOUTH.

       (a) Funding Increases.--The dollar amount specified in 
     section 477(h)(1) of the Social Security Act (42 U.S.C. 
     677(h)(1)) for fiscal year 2020 is deemed to be $193,000,000.
       (b) Programmatic Flexibility.--During the COVID-19 public 
     health emergency:
       (1) Suspension of certain requirements under the education 
     and training voucher program.--The Secretary may allow a 
     State to waive the applicability of the requirement in 
     section 477(i)(3) of the Social Security Act (42 U.S.C. 
     677(i)(3)) that a youth must be enrolled in a postsecondary 
     education or training program or making satisfactory progress 
     toward completion of that program if a youth is unable to 
     meet these requirements due to the public health emergency.
       (2) Authority to waive limitations on percentage of funds 
     used for housing assistance and eligibility for such 
     assistance.--Notwithstanding subsections (b)(3)(B) and 
     (b)(3)(C) of section 477 of the Social Security Act (42 
     U.S.C. 677), a State may--
       (A) use more than 30 percent of the amounts paid to the 
     State from its allotment under subsection (c) of such section 
     for a fiscal year for room or board payments; and
       (B) expend amounts paid to the State from its allotment 
     under subsection (c) of such section for a fiscal year for 
     room or board for youth who have attained age 18, are no 
     longer in foster care or otherwise eligible for services 
     under such section, and experienced foster care at 14 years 
     of age or older.
       (c) Special Rules.--
       (1) Nonapplication of matching funds requirement for 
     increased funding.--With respect to the amount allotted to a 
     State under section 477(c)(1) of the Social Security Act (42 
     U.S.C. 677(c)(1)) for fiscal year 2020, the Secretary shall 
     apply section 474(a)(4)(A)(i) of such Act (42 U.S.C. 
     674(a)(4)(A)(i)) to the additional amount of such allotment 
     resulting from the deemed increase in the dollar amount 
     specified in section 477(h)(1) of such Act (42 U.S.C. 
     677(h)(1)) for fiscal year 2020 under subsection (a) by 
     substituting ``100 percent'' for ``80 percent''.
       (2) No reservation for evaluation, technical assistance, 
     performance measurement, and data collection activities.--
     Section 477(g)(2) of such Act (42 U.S.C. 677(g)(2)) shall not 
     apply to the portion of the deemed dollar amount for section 
     477(h)(1) of such Act (42 U.S.C. 677(h)(1)) for fiscal year 
     2020 under subsection (a) that exceeds the dollar amount 
     specified in that section for such fiscal year.
       (d) Definitions.--In this section:
       (1) COVID-19 public health emergency.--The term ``COVID-19 
     public health emergency'' means the public health emergency 
     declared by the Secretary pursuant to section 319 of the 
     Public Health Service Act on January 31, 2020, entitled 
     ``Determination that a Public Health Emergency Exists 
     Nationwide as the Result of the 2019 Novel Coronavirus'' and 
     includes any renewal of such declaration pursuant to such 
     section 319.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.

     SEC. _06. COURT IMPROVEMENT PROGRAM.

       (a) Temporary Funding Increases.--Out of any money in the 
     Treasury of the United States not otherwise appropriated, 
     there are appropriated to the Secretary, $10,000,000 for 
     fiscal year 2020 for making grants in accordance with this 
     section to the highest State courts described in section 438 
     of the Social Security Act (42 U.S.C. 629h). Grants made 
     under this section shall be considered to be Court 
     Improvement Program grants made under such section 438, 
     subject to the succeeding provisions of this section.
       (b) Distribution of Funds.--
       (1) In general.--From the amount appropriated under 
     subsection (a), the Secretary shall--
       (A) reserve up to $500,000 for Tribal court improvement 
     activities; and
       (B) pay from the amount remaining after the application of 
     subparagraph (A), a grant to each highest State court that is 
     approved to receive a grant under section 438 of the Social 
     Security Act for the purpose described in subsection (a)(3) 
     of that section for fiscal year 2020.
       (2) Amount.--The amount of the grant awarded to a highest 
     State court under this section is equal to the sum of--
       (A) $85,000; and
       (B) the amount that bears the same ratio to the amount 
     appropriated under subsection (a) that remains after the 
     application of paragraph (1)(A) and subparagraph (A) of this 
     paragraph, as the number of individuals in the State who have 
     not attained 21 years of age bears to the total number of 
     such individuals in all States (based on the most recent year 
     for which data are available from the Bureau of the Census).
       (3) Other rules.--
       (A) In general.--The grants awarded to the highest State 
     courts under this section shall be in addition to any grants 
     made to such courts under section 438 of such Act for any 
     fiscal year.
       (B) No matching requirement.--The limitation on the use of 
     funds specified in section 438(d) of such Act (42 U.S.C. 
     629h(d)) shall not apply to the grants awarded under this 
     section.
       (C) No additional application.--The Secretary shall award 
     grants to the highest State courts under this section without 
     requiring such courts to submit an additional application.
       (D) Reports.--The Secretary may establish reporting 
     criteria specific to the grants awarded under this section.
       (E) Redistribution of funds.--If a highest State court does 
     not accept a grant awarded under this section, or does not 
     agree to comply with any reporting requirements imposed under 
     subparagraph (D) or the use of funds requirements specified 
     in subsection (c), the Secretary shall redistribute the grant 
     funds that would have been awarded to that court among the 
     other highest State courts that are awarded grants under this 
     section and agree to comply with such reporting and use of 
     funds requirements.
       (c) Use of Funds.--A highest State court awarded a grant 
     under this section shall use the grant funds to address needs 
     stemming from the COVID-19 public health emergency, which may 
     include any of the following:
       (1) Technology investments to facilitate the transition to 
     remote hearings for dependency courts when necessary as a 
     direct result of the COVID-19 public health emergency.
       (2) Training for judges, attorneys, and caseworkers on 
     facilitating and participating in remote technology hearings 
     that still comply with due process, meet Congressionally 
     mandated requirements, ensure child safety and well-being, 
     and help inform judicial decision-making.
       (3) Programs to help families address aspects of the case 
     plan to avoid delays in legal proceedings that would occur as 
     a direct result of the COVID-19 public health emergency.
       (4) Other purposes to assist courts, court personnel, or 
     related staff related to the COVID-19 public health 
     emergency.
       (d) Definitions.--In this section:
       (1) COVID-19 public health emergency.--The term ``COVID-19 
     public health emergency'' means the public health emergency 
     declared by the Secretary pursuant to section 319 of the 
     Public Health Service Act on January 31, 2020, entitled 
     ``Determination that a Public Health Emergency Exists 
     Nationwide as the Result of the 2019 Novel Coronavirus'' and 
     includes any renewal of such declaration pursuant to such 
     section 319.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.

Subtitle B--Emergency Support and COVID-19 Protection for Nursing Homes

     SEC. _11. DEFINITIONS.

       In this subtitle:
       (1) COVID-19.--The term ``COVID-19'' means the 2019 Novel 
     Coronavirus or 2019-nCoV.
       (2) COVID-19 public health emergency period.--The term 
     ``COVID-19 public health emergency period'' means the period 
     beginning on the first day 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)) and ending on the last day of the 
     calendar quarter in which the last day of such emergency 
     period occurs.
       (3) 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)).

[[Page S5317]]

       (4) Participating provider.--The term ``participating 
     provider'' means a skilled nursing facility or a nursing 
     facility that has been assigned a national provider 
     identifier number by the Secretary and has executed an 
     agreement to participate in the Medicare program established 
     under title XVIII of the Social Security Act (42 U.S.C. 1395 
     et seq.) or the Medicaid program established under title XIX 
     of such Act (42 U.S.C. 1396 et seq.).
       (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.--Except as otherwise provided, 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. _12. ESTABLISHING COVID-19 STRIKE TEAMS FOR NURSING 
                   FACILITIES.

       (a) In General.--The Secretary is authorized to establish 
     and support the operation of strike teams comprised of 
     individuals with relevant skills, qualifications, and 
     experience to respond to COVID-19-related crises in 
     participating providers during the COVID-19 public health 
     emergency period, based on data reported by such providers to 
     the Centers for Disease Control and Prevention.
       (b) Mission and Composition of Strike Teams.--
       (1) In general.--Strike teams established by the Secretary 
     may include assessment, testing, and clinical teams, and a 
     mission for each such team may include performing medical 
     examinations, conducting COVID-19 testing, and assisting 
     participating providers with the implementation of infection 
     control practices (such as quarantine, isolation, or 
     disinfection procedures).
       (2) Letter of authorization.--Strike teams and members of 
     such teams shall be subject to the Secretary's oversight and 
     direction and the Secretary may issue a letter of 
     authorization to team members describing--
       (A) the individual's designation to serve on 1 or more 
     teams under an emergency proclamation by the Secretary;
       (B) the mission of the team;
       (C) the authority of the individual to perform the team 
     mission;
       (D) the individual's authority to access places, persons, 
     and materials necessary for the team member's performance of 
     the team's mission;
       (E) the requirement that team members maintain the 
     confidentiality of patient information shared with such 
     individuals by a participating provider; and
       (F) the required security background checks that the 
     individual has passed.
       (3) Secretarial oversight.--The Secretary may, at any time, 
     disband any strike team and rescind the letter of 
     authorization for any team member.
       (4) Team and member authority.--A team and team member may 
     not use the letter of authorization described in paragraph 
     (2) for any purpose except in connection with the team's 
     mission of acting in good faith to promote resident and 
     employee safety in participating providers in which COVID-19 
     is confirmed to be present.
       (5) Administration.--The Secretary, in consultation with 
     the Director of the Centers for Disease Control and 
     Prevention, may establish protocols and procedures for 
     requesting the assistance of a strike team established under 
     this section and any other procedures deemed necessary for 
     the team's operation.
       (6) Supplementation of other response efforts.--Strike 
     teams established by the Secretary under this section shall 
     supplement and not supplant response efforts carried out by a 
     State strike team or a technical assistance team established 
     by the Secretary during the COVID-19 public health emergency 
     period.

     SEC. _13. PROMOTING COVID-19 TESTING AND INFECTION CONTROL IN 
                   NURSING FACILITIES.

       (a) Nursing Home Protections.--The Secretary, in 
     consultation with the Elder Justice Coordinating Council, is 
     authorized during the COVID-19 public health emergency period 
     to enhance efforts by participating providers to respond to 
     COVID-19, including through--
       (1) development of online training courses for personnel of 
     participating providers, survey agencies, the long-term care 
     ombudsman of each State, and other individuals to facilitate 
     the implementation of subsection (b);
       (2) enhanced diagnostic testing of visitors to, personnel 
     of, and residents of, participating providers in which 
     measures of COVID-19 in the community support more frequent 
     testing for COVID-19;
       (3) development of training materials for personnel of 
     participating providers, the long-term care ombudsman of each 
     State, and other individuals to facilitate the implementation 
     of subsection (c); and
       (4) providing support to participating providers in areas 
     deemed by the Secretary to require additional assistance due 
     to the presence COVID-19 infections.
       (b) Training on Best Practices in Infection Control and 
     Prevention.--
       (1) In general.--The Secretary shall develop training 
     courses on infection control and prevention, including 
     cohorting, strategies and use of telehealth to mitigate the 
     transmission of COVID-19 in participating providers during 
     the COVID-19 public health emergency period.
       (2) Development.--To the extent practicable, the training 
     programs developed by the Secretary under this subsection 
     shall use best practices in infection control and prevention.
       (3) Coordination with other federal entities.--The 
     Secretary shall seek input as appropriate on the training 
     courses developed under this subsection from the Elder 
     Justice Coordinating Council and the Director of the Centers 
     for Disease Control and Prevention.
       (4) Interactive website.--The Secretary is authorized to 
     create an interactive website to disseminate training 
     materials and related information in the areas of infection 
     control and prevention, for purposes of carrying out this 
     subsection during the COVID-19 public health emergency 
     period.

     SEC. _14. PROMOTING TRANSPARENCY IN COVID-19 REPORTING BY 
                   NURSING FACILITIES.

       Not later than 10 days after the date of enactment of this 
     Act, and at least weekly thereafter during the COVID-19 
     public health emergency period, the Secretary shall provide 
     the Governor of each State with a list of all participating 
     providers in the State with respect to which the reported 
     cases of COVID-19 in visitors to, personnel of, and residents 
     of, such providers increased during the previous week (or, in 
     the case of the first such list, during the 10-day period 
     beginning on the date of enactment of this Act).

     SEC. _15. FUNDING.

       The Secretary may use amounts appropriated for COVID-19 
     response and related activities pursuant to the CARES Act 
     (Public Law 116-136) and subsequently enacted legislation to 
     carry out this subtitle.

                   Subtitle C--Emergency Designation

     SEC. _21. EMERGENCY DESIGNATION.

       (a) In General.--The amounts provided by this title and the 
     amendments made by this title 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 title and 
     the amendments made by this title are 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.
                                 ______