II 

117TH CONGRESS 

1ST SESSION S. 57 

To increase the ability of nursing facilities to access 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 

JANUARY 27, 2021 

Ms. KLOBUCHAR (for herself, Mrs. CAPITO, Mr. CASEY, Ms. ERNST, Ms. 

ROSEN, Ms. SMITH, Ms. STABENOW, Mr. REED, Mr. VAN HOLLEN, and 

Ms. CORTEZ MASTO) introduced the following bill; which was read twice 

and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To increase the ability of nursing facilities to access 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Advancing Connectiv5 ity during the Coronavirus to Ensure Support for Seniors 

6 Act’’ or the ‘‘ACCESS Act’’. 


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1 TITLE I—SUPPLEMENTAL 

2 APPROPRIATIONS 

3 SEC. 101. SUPPLEMENTAL APPROPRIATIONS. 

4 The following sums are hereby appropriated, out of 

5 any money in the Treasury not otherwise appropriated, 

6 for the fiscal year ending September 30, 2021, and for 

7 other purposes, namely: 

8 DEPARTMENT OF HEALTH AND HUMAN 

9 SERVICES 

10 HEALTH RESOURCES AND SERVICES ADMINISTRATION

11 RURAL HEALTH

12 For an additional amount for the Telehealth Re13 source Center of the Federal Office of Rural Health Policy 

14 of the Office for the Advancement of Telehealth, to pro15 vide assistance with respect to technical, legal, regulatory 

16 service delivery or other related barriers to the develop17 ment of telehealth technologies for skilled nursing facilities 

18 (as defined in section 1819 of the Social Security Act) and 

19 nursing facilities (as defined in section 1919 of such Act), 

20 $50,000,000 to remain available through September 30, 

21 2022. 


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1 TITLE II—INCREASED ACCESS 

2 TO TELEHEALTH SERVICES 

3 AND OTHER TECHNOLOGIES 

4 SEC. 201. DEFINITIONS. 

5 In this title: 

6 (1) COVID–19 PUBLIC HEALTH EMERGENCY

7 PERIOD.—The term ‘‘COVID–19 public health emer8 gency period’’ means the portion of the emergency 

9 period defined in paragraph (1)(B) of section 

10 1135(g) of the Social Security Act (42 U.S.C. 

11 1320b–5(g)) beginning on or after the date of the 

12 enactment of this Act. 

13 (2) NURSING FACILITY.—The term ‘‘nursing 

14 facility’’ has the meaning given that term in section 

15 1919(a) of the Social Security Act (42 U.S.C. 

16 1396r(a)). 

17 (3) SECRETARY.—The term ‘‘Secretary’’ means 

18 the Secretary of Health and Human Services. 

19 (4) SKILLED NURSING FACILITY.—The term 

20 ‘‘skilled nursing facility’’ has the meaning given that 

21 term in section 1819(a) of the Social Security Act 

22 (42 U.S.C. 1395i–3(a)). 


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1 SEC. 202. AUTHORITY TO AWARD GRANTS TO NURSING FA2 CILITIES FOR SUPPORTING VIRTUAL VISITS 

3 DURING THE COVID–19 PUBLIC HEALTH 

4 EMERGENCY. 

5 (a) IN GENERAL.—The Secretary shall award grants 

6 directly to skilled nursing facilities and nursing facilities 

7 in accordance with this section to support virtual visits 

8 by family members and other individuals for residents of 

9 such facilities during the COVID–19 public health emer10 gency period. 

11 (b) APPLICATION REQUIREMENTS.—A facility seek12 ing a grant under this section shall submit an application 

13 to the Secretary at such time, in such form and manner, 

14 and containing such information as the Secretary shall re15 quire. 

16 (c) USE OF FUNDS.—A facility awarded a grant 

17 under this section may only use the funds for expenditures 

18 attributable to obtaining and using— 

19 (1) technologies to support virtual visits by 

20 family members and other individuals for residents 

21 of the facility; and 

22 (2) any other items or services necessary to 

23 carry out the purposes for the grant described in 

24 subsection (a). 

25 (d) FCC COORDINATION.— 


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1 (1) IN GENERAL.—The Federal Communica2 tions Commission (in this subsection referred to as 

3 the ‘‘Commission’’) shall coordinate with the Sec4 retary in implementing the grant program estab5 lished under this section. 

6 (2) WAIVER AUTHORITY.—The Commission 

7 shall waive such requirements of the Rural Health 

8 Care program under subpart G of part 54 of title 

9 47, Code of Federal Regulations (or any successor 

10 regulation) as necessary, and for such periods as 

11 necessary, to ensure all facilities awarded a grant 

12 under this section are able to carry out the purposes 

13 for the grant described in subsection (a). 

14 (e) LIMITATIONS.— 

15 (1) TERMINATION OF AUTHORITY.—The Sec16 retary shall not award any grants under this section 

17 after the end of the COVID–19 public health emer18 gency period. 

19 (2) SUPPLEMENT, NOT SUPPLANT.—Federal 

20 funds paid to a skilled nursing facility or a nursing 

21 facility pursuant to this section must be used to sup22 plement, but not supplant, any other Federal, State, 

23 or local funds available to the facility that may be 

24 used for a purpose specified in subsection (c). 


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1 (f) GUIDANCE.—Not later than 15 days after the 

2 date of the enactment of this Act, the Secretary shall issue 

3 guidance, created in consultation with appropriate skilled 

4 nursing facility and nursing home resident advocate stake5 holders, on steps facilities awarded grants under this sec6 tion shall take to ensure residents of such facilities have 

7 access to virtual visitation during the COVID–19 public 

8 health emergency period and how such access shall be fa9 cilitated by such facilities. Such guidance shall include op10 tions for how such facilities will ensure notification of resi11 dents and resident representatives of such virtual visita12 tion access and facilitation, address how adequate support 

13 will be provided to residents to facilitate virtual visitation, 

14 address how facilities will ensure or enable installation and 

15 access to a device purchased for the use or benefit of indi16 vidual or multiple facility residents, and address oper17 ational issues and avoid unnecessary barriers to timely de18 ployment of virtual visitation. 

19 (g) REPORT.—Not later than 30 days after the end 

20 of the COVID–19 public health emergency period, the Sec21 retary shall submit a report to Congress on the grants 

22 awarded under this section. 

23 (h) APPROPRIATION.—There are appropriated to the 

24 Secretary for fiscal year 2021 from any funds in the 

25 Treasury not otherwise appropriated, such sums as are 


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1 necessary to carry out this section, to remain through the 

2 last day of the month following the month in which the 

3 COVID–19 public health emergency period ends. 

4 TITLE III—MISCELLANEOUS 

5 SEC. 301. EMERGENCY DESIGNATION. 

6 (a) IN GENERAL.—The amounts provided by this Act 

7 are designated as an emergency requirement pursuant to 

8 section 4(g) of the Statutory Pay-As-You-Go Act of 2010 

9 (2 U.S.C. 933(g)). 

10 (b) DESIGNATION IN SENATE.—In the Senate, this 

11 Act is designated as an emergency requirement pursuant 

12 to section 4112(a) of H. Con. Res. 71 (115th Congress), 

13 the concurrent resolution on the budget for fiscal year 

14 2018. 

Æ 


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