Nursing Home Pandemic Protection Act

#7048 | HR Congress #116

Last Action: Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, 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. (5/28/2020)

Bill Text Source: Congress.gov

Summary and Impacts
Original Text

Bill Summary



The Nursing Home Pandemic Protection Act is a bill that aims to establish requirements for skilled nursing facilities, nursing facilities, and assisted living facilities to manage and prevent outbreaks of COVID-19 and other public health emergencies. This includes codifying a memorandum that outlines notification requirements for confirmed or suspected cases of COVID-19 in nursing homes, as well as mandating that these facilities create a crisis plan to address outbreaks. The bill also requires these facilities to have a minimum amount of personal protective equipment (PPE) on hand to use in case of an outbreak. Important definitions, such as what constitutes a nursing facility and a skilled nursing facility, are also included in the bill.

Possible Impacts



1. The Nursing Home Pandemic Protection Act may require skilled nursing facilities, nursing facilities, and assisted living facilities to maintain a minimum amount of personal protective equipment (PPE) for staff and residents during a 30-day period. This could affect people who work or live in these facilities, as they may have to wear PPE for extended periods of time or face shortages of necessary equipment.

2. The Act may also require these facilities to establish a crisis plan to manage the outbreak of COVID-19 and other public health emergencies. This could affect people who live in these facilities, as the crisis plan may include procedures for infection control, staffing, outside medical providers, and communication with family members, which could impact their daily routines and interactions with staff and other residents.

3. The Act may codify a memorandum from the Centers for Medicare & Medicaid Services that outlines notification requirements for confirmed or suspected cases of COVID-19 in nursing homes. This could affect people who have loved ones in these facilities, as they may receive more frequent updates and information about COVID-19 cases and outbreaks within the facility.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7048 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 7048

   To establish requirements for skilled nursing facilities, nursing 
 facilities, and assisted living facilities to manage the outbreak of 
                   COVID-19, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 28, 2020

 Mr. Gottheimer (for himself, Mr. Smith of New Jersey, and Mr. Payne) 
 introduced the following bill; which was referred to the Committee on 
   Energy and Commerce, and in addition to the Committee on Ways and 
 Means, 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 establish requirements for skilled nursing facilities, nursing 
 facilities, and assisted living facilities to manage the outbreak of 
                   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 ``Nursing Home Pandemic Protection 
Act''.

SEC. 2. REQUIREMENTS FOR SKILLED NURSING FACILITIES, NURSING 
              FACILITIES, AND ASSISTED LIVING FACILITIES TO MANAGE THE 
              OUTBREAK OF COVID-19.

    (a) Codification of Memorandum Relating to Notification 
Requirements of Cases of COVID-19 That Are Confirmed or Under 
Investigation in Nursing Homes.--The memorandum entitled ``Upcoming 
Requirements for Notification of Confirmed COVID-19 (or COVID-19 
Persons under Investigation) Among Residents and Staff in Nursing 
Homes'' published by the Centers for Medicare & Medicaid Services on 
April 19, 2020, shall have the force and effect of law.
    (b) Crisis Plan for Such Facilities.--The Secretary of Health and 
Human Services shall ensure that skilled nursing facilities, nursing 
facilities, and assisted living facilities establish, not later than 60 
days after the date of the enactment of this Act, establish a crisis 
plan to manage the outbreak of COVID-19 and other public health 
emergencies within such facilities. Such plan shall outline procedures 
relating to infection control, staffing, personal protective equipment, 
outside medical providers and hospitalizations, and communication with 
family members.
    (c) PPE Requirements for Such Facilities.--
            (1) In general.--The Secretary of Health and Human Services 
        shall ensure that skilled nursing facilities, nursing 
        facilities, and assisted living facilities establish, not later 
        than 120 days after the date of the enactment of this Act, 
        maintain access to a minimum amount of personal protective 
        equipment described in paragraph (2) to manage the outbreak of 
        COVID-19 and other public health emergencies within such 
        facilities.
            (2) Minimum amount of ppe described.--For purposes of 
        paragraph (1), a minimum amount of personal protective 
        equipment described in this paragraph is the amount of such 
        equipment for use by the staff and residents of such facilities 
        for a 30-day period.
    (d) Definitions.--In this Act:
            (1) Nursing facility.--The term ``nursing facility'' has 
        the meaning given such term in section 1919(a) of the Social 
        Security Act (42 U.S.C. 1396r(a)).
            (2) Skilled nursing facility.--The term ``skilled nursing 
        facility'' has the meaning given such term in section 1819(a) 
        of the Social Security Act (42 U.S.C. 1395i-3(a)).
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