II 

116TH CONGRESS 

2D SESSION S. 3768 

To protect older adults and people with disabilities living in nursing homes, 

intermediate care facilities, and psychiatric hospitals from COVID–19. 

IN THE SENATE OF THE UNITED STATES 

MAY 19, 2020 

Mr. CASEY (for himself, Mr. WHITEHOUSE, Mr. SCHUMER, Mr. JONES, Ms. 

WARREN, Ms. BALDWIN, Mr. MARKEY, Mrs. SHAHEEN, Mr. MENENDEZ, 

Mr. REED, Mr. VAN HOLLEN, Mr. BLUMENTHAL, Ms. HIRONO, Ms. 

CORTEZ MASTO, Ms. ROSEN, and Mr. PETERS) introduced the following 

bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To protect older adults and people with disabilities living 

in nursing homes, intermediate care facilities, and psychiatric hospitals from COVID–19. 

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 ‘‘Nursing Home 

5 COVID–19 Protection and Prevention Act of 2020’’. 

6 SEC. 2. COVID–19 NURSING HOME PROTECTIONS. 

7 (a) PROGRAM TO SUPPORT COVID–19 RESPONSE.— 


pbinns on DSKJLVW7X2PROD with BILLS
2 

•S 3768 IS

1 (1) IN GENERAL.—Not later than 30 days after 

2 the date of enactment of this Act, the Secretary 

3 shall carry out a program under which payments are 

4 made to States and Indian Tribes in order to sup5 port cohorting individuals in skilled nursing facili6 ties, nursing facilities, intermediate care facilities, 

7 and psychiatric hospitals based on COVID–19 sta8 tus. 

9 (2) APPLICATION.—To be eligible to receive a 

10 payment under this subsection, a State or Indian 

11 Tribe shall submit to the Secretary an application. 

12 Such application shall include evidence that the 

13 State or Indian Tribe (and involved skilled nursing 

14 facilities, nursing facilities, intermediate care facili15 ties, and psychiatric hospitals) are able to cohort in16 dividuals in compliance with guidance issued by the 

17 Secretary during the emergency period. If feasible, 

18 the Secretary shall provide for an expedited applica19 tion process. 

20 (3) REQUIREMENTS.—To be eligible to receive 

21 a payment under this subsection, a State or Indian 

22 Tribe shall comply with the following: 

23 (A) FOLLOWING GUIDANCE.—The State or 

24 Indian Tribe shall follow the guidance estab25 lished by the Secretary under paragraph (5) 


pbinns on DSKJLVW7X2PROD with BILLS
3 

•S 3768 IS

1 and all other guidance issued by the Secretary 

2 during the emergency period. 

3 (B) REPORTING.—The State or Indian 

4 Tribe shall, as determined appropriate by the 

5 Secretary, periodically report to the Secretary 

6 on the following: 

7 (i) The convening and recommenda8 tions of the task force under subparagraph 

9 (C), cohorting strategies being used, the 

10 use of surge teams, and the technical as11 sistance and resources provided under sub12 paragraph (D). 

13 (ii) The State or Indian Tribe’s dis14 tribution of the payments received under 

15 the program under this subsection and 

16 what facilities are using such payments for 

17 (as permitted under paragraph (4)(B)). 

18 (iii) Other items determined appro19 priate by the Secretary. 

20 (C) TASK FORCE.— 

21 (i) IN GENERAL.—The State or In22 dian Tribe shall establish a task force to 

23 provide advice on the State’s or Tribe’s use 

24 and distribution of payments received 

25 under the program under this section, inVerDate Sep 11 2014 01:55 Jun 11, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3768.IS S3768

pbinns on DSKJLVW7X2PROD with BILLS
4 

•S 3768 IS

1 cluding on cohorting strategies, the use of 

2 surge teams, resident rights (particularly 

3 involving discharges and transfers), and 

4 other topics as determined appropriate by 

5 the Secretary. 

6 (ii) MEMBERSHIP.—A task force es7 tablished under clause (i) shall include rep8 resentation from the following: 

9 (I) Consumers, including older 

10 adults age 65 and older, individuals 

11 with disabilities, family caregivers, 

12 and their advocates. 

13 (II) Skilled nursing facilities, 

14 nursing facilities, intermediate care 

15 facilities, and psychiatric hospitals. 

16 (III) Health care providers and 

17 other congregate settings (including 

18 hospitals and permanent or transi19 tional housing facilities) that transfer 

20 residents to and from skilled nursing 

21 facilities, nursing facilities, inter22 mediate care facilities, and psychiatric 

23 hospitals. 


pbinns on DSKJLVW7X2PROD with BILLS
5 

•S 3768 IS

1 (IV) Health professionals, such 

2 as direct care professionals, physi3 cians, nurses, and pharmacists. 

4 (V) Experts in public health and 

5 infectious diseases. 

6 (VI) Experts in geriatrics and 

7 long-term care medicine. 

8 (VII) The State Long-Term Care 

9 Ombudsman program (as described in 

10 section 712(a)(1) of the Older Ameri11 cans Act of 1965 (42 U.S.C. 

12 3058g(a)(1))). 

13 (VIII) The protection and advo14 cacy system (as established under 

15 subtitle C of title I of the Develop16 mental Disabilities Assistance and Bill 

17 of Rights Act (42 U.S.C. 15041 et 

18 seq.). 

19 (IX) State agencies, including the 

20 State surveying agency and the agen21 cy that administers the State plan 

22 under the Medicaid program under 

23 title XIX of the Social Security Act. 

24 (X) Other representatives as the 

25 Secretary determines appropriate. 


pbinns on DSKJLVW7X2PROD with BILLS
6 

•S 3768 IS

1 (D) PROTOCOL TO EVALUATE.—The State 

2 or Indian Tribe shall establish an expedited 

3 protocol to evaluate a facility’s ability (including 

4 a facility retrofitted under paragraph (4)(B)(i)) 

5 to cohort individuals who test positive for 

6 COVID–19, individuals who test negative for 

7 COVID–19, or individuals with unknown status 

8 or who are under observation. Such protocol 

9 shall include an infection control self-assess10 ment and an abbreviated survey and may in11 clude a standard survey. 

12 (E) TECHNICAL ASSISTANCE AND RE13 SOURCES.— 

14 (i) IN GENERAL.—The State or In15 dian Tribe shall ensure that skilled nursing 

16 facilities, nursing facilities, intermediate 

17 care facilities, and psychiatric hospitals re18 ceive technical assistance and the nec19 essary resources to— 

20 (I) implement proper infection 

21 control protocols and practices; 

22 (II) minimize unnecessary trans23 fers; 

24 (III) ensure adequate staffing, 

25 including the use of surge teams; 


pbinns on DSKJLVW7X2PROD with BILLS
7 

•S 3768 IS

1 (IV) effectively use and provide 

2 access to testing and personal protec3 tive equipment, including guidance on 

4 how to effectively use personal protec5 tive equipment when access is limited; 

6 (V) safely transition residents to 

7 home and community-based settings; 

8 and 

9 (VI) other topics, as determined 

10 appropriate by the Secretary. 

11 (ii) REQUIREMENT FOR TECHNICAL

12 ASSISTANCE.—The technical assistance re13 quired under clause (i) shall be provided 

14 by— 

15 (I) quality improvement organi16 zations under part B of title XI of the 

17 Social Security Act; or 

18 (II) other independent organiza19 tions of a similar type that do not 

20 have conflicts of interest and are 

21 deemed appropriate by the Secretary. 

22 (4) USE OF FUNDS.— 

23 (A) IN GENERAL.—A State or Indian 

24 Tribe that receives a payment under the pro25 gram under this subsection shall use funds to 


pbinns on DSKJLVW7X2PROD with BILLS
8 

•S 3768 IS

1 support skilled nursing facilities, nursing facili2 ties, intermediate care facilities, and psychiatric 

3 hospitals that cohort, and provide services to, 

4 individuals who test positive for COVID–19, in5 dividuals who test negative for COVID–19, and 

6 individuals with unknown status or who are 

7 under observation. Such cohorting shall be in 

8 compliance with all guidance issued by the Sec9 retary during the emergency period. 

10 (B) PERMISSIBLE USES AND AUTHORIZED

11 COSTS.—States and Indian Tribes shall use the 

12 payments received under the program under 

13 this subsection for the following purposes: 

14 (i) To retrofit non-traditional facility15 based settings, such as hotels, dormitories, 

16 schools, churches, and other temporary or 

17 permanent shelters, for temporary use as 

18 skilled nursing facilities, nursing facilities, 

19 intermediate care facilities, and psychiatric 

20 hospitals. 

21 (ii) To support skilled nursing facili22 ties, nursing facilities, intermediate care 

23 facilities, and psychiatric hospitals with the 

24 establishment of specialized units within 

25 such facilities. 


pbinns on DSKJLVW7X2PROD with BILLS
9 

•S 3768 IS

1 (iii) To provide testing kits or other 

2 supplies needed for rapid turnaround to 

3 test staff members and residents of skilled 

4 nursing facilities, nursing facilities, inter5 mediate care facilities, and psychiatric hos6 pitals for COVID–19. 

7 (iv) To provide personal protective 

8 equipment to staff members of skilled 

9 nursing facilities, nursing facilities, inter10 mediate care facilities, psychiatric hospitals 

11 and, where appropriate, to residents of 

12 such facilities. 

13 (v) To safely facilitate necessary 

14 transfers to and from skilled nursing facili15 ties, nursing facilities, intermediate care 

16 facilities, and psychiatric hospitals. 

17 (vi) To safely facilitate voluntary dis18 charges to home and community-based set19 tings from skilled nursing facilities, nurs20 ing facilities, intermediate care facilities, 

21 and psychiatric hospitals. 

22 (vii) To provide additional staffing 

23 (including the use of surge teams) associ24 ated with the COVID–19 pandemic for 

25 skilled nursing facilities, nursing facilities, 


pbinns on DSKJLVW7X2PROD with BILLS
10 

•S 3768 IS

1 intermediate care facilities, and psychiatric 

2 hospitals, which may include providing pre3 mium or hazard pay, overtime pay, en4 hanced payment rates, paid sick and fam5 ily medical leave, childcare, temporary 

6 housing, transportation, and other sup7 portive services for staff members. 

8 (viii) To provide support for individ9 uals who have no other mechanism to pay 

10 for their care at skilled nursing facilities, 

11 nursing facilities, intermediate care facili12 ties, and psychiatric hospitals and are un13 able to pay. 

14 (ix) Other purposes relating to the 

15 cohorting described in subparagraph (A). 

16 (5) ADDITIONAL GUIDANCE.—For purposes of 

17 the program under this subsection, not later than 30 

18 days after the date of enactment of this Act (and 

19 prior to making any payments to States or Indian 

20 Tribes under the program) the Secretary shall estab21 lish guidance on the following: 

22 (A) Which skilled nursing facilities, nurs23 ing facilities, intermediate care facilities, and 

24 psychiatric hospitals are permitted to cohort in25 dividuals who test positive for COVID–19, indiVerDate Sep 11 2014 01:55 Jun 11, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3768.IS S3768

pbinns on DSKJLVW7X2PROD with BILLS
11 

•S 3768 IS

1 viduals who test negative for COVID–19, and 

2 individuals with unknown status or who are 

3 under observation. Such guidance shall account 

4 for— 

5 (i) the facility’s history of compliance 

6 with the requirements of participation 

7 under titles XVIII and XIX of the Social 

8 Security Act, including requirements relat9 ing to infection control and emergency pre10 paredness; 

11 (ii) the facility’s current or past affili12 ation (as either a candidate or participant) 

13 with the special focus facility program 

14 under section 1819(f)(8) of such Act (42 

15 U.S.C. 1395i–3(f)(8)) and section 

16 1919(f)(10) of such Act (42 U.S.C. 

17 1396r(f)(10)); and 

18 (iii) the facility’s ability to treat high19 severity residents, as applicable. 

20 (B) Consumer protections for residents of 

21 skilled nursing facilities, nursing facilities, in22 termediate care facilities, and psychiatric hos23 pitals affected by COVID–19 cohorting policies, 

24 including by— 


pbinns on DSKJLVW7X2PROD with BILLS
12 

•S 3768 IS

1 (i) prohibiting facilities from dis2 charging residents for failure to pay for 

3 services; and 

4 (ii) requiring written notification to be 

5 provided to residents and their family and 

6 legal representatives at least 72 hours 

7 prior to discharge or transfers, with such 

8 notice containing— 

9 (I) information on the rights of 

10 the resident; 

11 (II) contact information for the 

12 State Long-Term Care Ombudsman 

13 program (as described in section 

14 712(a)(1) of the Older Americans Act 

15 of 1965 (42 U.S.C. 3058g(a)(1))); 

16 and 

17 (III) contact information for the 

18 protection and advocacy system (as 

19 established under subtitle C of title I 

20 of the Developmental Disabilities As21 sistance and Bill of Rights Act (42 

22 U.S.C. 15041 et seq.). 

23 (C) Strategies to effectively cohort resi24 dents of skilled nursing facilities, nursing facili25 ties, intermediate care facilities, and psychiatric 


pbinns on DSKJLVW7X2PROD with BILLS
13 

•S 3768 IS

1 hospitals based on COVID–19 status, includ2 ing— 

3 (i) the temporary utilization of non4 traditional facility-based settings, such as 

5 hotels, dormitories, schools, churches, and 

6 other temporary or permanent shelters, as 

7 skilled nursing facilities, nursing facilities, 

8 intermediate care facilities, and psychiatric 

9 hospitals; 

10 (ii) how to safely and effectively move, 

11 shelter in place, and cohort within facili12 ties; 

13 (iii) how to establish separate facilities 

14 for individuals who test positive for 

15 COVID–19; 

16 (iv) how to establish separate facilities 

17 for individuals who test negative for 

18 COVID–19; 

19 (v) proper procedures for conducting 

20 COVID–19 testing, sending tests to be 

21 analyzed, and effective use of COVID–19 

22 testing; 

23 (vi) adequate staffing, with contin24 gency plans during shortages, including the 

25 use of— 


pbinns on DSKJLVW7X2PROD with BILLS
14 

•S 3768 IS

1 (I) separate staffing according to 

2 COVID–19 status; and 

3 (II) surge teams; 

4 (vii) effective use of personal protec5 tive equipment, including in cases where 

6 access to an adequate supply of personal 

7 protective equipment is limited; 

8 (viii) how to minimize resident trans9 fers to and from the facilities; 

10 (ix) how to safely effectuate resident 

11 transfers to home and community-based 

12 settings from the facilities; and 

13 (x) how to uphold resident rights in 

14 accordance with titles XVIII and XIX of 

15 the Social Security Act. 

16 (6) REPORT.—Not later than 2 years after the 

17 date of the enactment of this section, the Secretary 

18 shall submit to the appropriate Committees of Con19 gress a report on the program under this section, to20 gether with recommendations for such legislation 

21 and administrative action as the Secretary deter22 mines appropriate. 

23 (7) FUNDING.—Out of any monies in the 

24 Treasury of the United States not otherwise appro25 priated, there are appropriated to the Secretary 


pbinns on DSKJLVW7X2PROD with BILLS
15 

•S 3768 IS

1 $20,000,000,000 for fiscal year 2020 for making 

2 payments to States and Indian Tribes under this 

3 subsection. Amounts appropriated under the pre4 ceding sentence shall remain available until ex5 pended. 

6 (b) COVID–19 DATA COLLECTION AND DISCLO7 SURE.— 

8 (1) DATA COLLECTION AND PUBLICATION BY

9 THE SECRETARY.— 

10 (A) IN GENERAL.—Beginning after the 

11 date of enactment of this Act and continuing 

12 through the end of the emergency period, or 

13 through a later date determined appropriate by 

14 the Secretary, the Secretary shall make publicly 

15 available on the Nursing Home Compare 

16 websites described in sections 1819(i) and 

17 1919(i) of the Social Security Act (42 U.S.C. 

18 1395i–3(i); 42 U.S.C. 1396r(i)) and on the 

19 internet website of the Centers for Medicare & 

20 Medicaid Services information, within each 

21 State, Indian Tribe, and each skilled nursing 

22 facility, nursing facility, intermediate care facil23 ity, and psychiatric hospitals, on the following: 

24 (i) The number of suspected and con25 firmed COVID–19 cases among residents 


pbinns on DSKJLVW7X2PROD with BILLS
16 

•S 3768 IS

1 in skilled nursing facilities, nursing facili2 ties, intermediate care facilities, and psy3 chiatric hospitals. 

4 (ii) The number of suspected and con5 firmed COVID–19 cases among staff per6 sons in skilled nursing facilities, nursing 

7 facilities, intermediate care facilities, and 

8 psychiatric hospitals. 

9 (iii) The number of total deaths and 

10 COVID–19 deaths (among both residents 

11 and staff persons, including by age, gen12 der, race, and ethnicity) in skilled nursing 

13 facilities, nursing facilities, intermediate 

14 care facilities, and psychiatric hospitals. 

15 (iv) Personal protective equipment 

16 and hand hygiene supplies in skilled nurs17 ing facilities, nursing facilities, inter18 mediate care facilities, and psychiatric hos19 pitals. 

20 (v) Ventilator capacity and supplies 

21 available in skilled nursing facilities, nurs22 ing facilities, intermediate care facilities, 

23 and psychiatric hospitals. 

24 (vi) Resident beds and census in 

25 skilled nursing facilities, nursing facilities, 


pbinns on DSKJLVW7X2PROD with BILLS
17 

•S 3768 IS

1 intermediate care facilities, and psychiatric 

2 hospitals. 

3 (vii) Access to testing in skilled nurs4 ing facilities, nursing facilities, inter5 mediate care facilities, and psychiatric hos6 pitals. 

7 (viii) Staffing shortages in skilled 

8 nursing facilities, nursing facilities, inter9 mediate care facilities, and psychiatric hos10 pitals. 

11 (ix) Other items determined appro12 priate by the Secretary. 

13 (B) UPDATE.—The data described in sub14 paragraph (A) shall be updated not less fre15 quently than on a daily basis. 

16 (C) DATA SHARING AND TRANSFER.—The 

17 Secretary shall share the data described in sub18 paragraph (A) with— 

19 (i) the Department of Veterans Af20 fairs; 

21 (ii) the Federal Emergency Manage22 ment Agency; 

23 (iii) States; 

24 (iv) Indian Tribes; and 


pbinns on DSKJLVW7X2PROD with BILLS
18 

•S 3768 IS

1 (v) other entities determined appro2 priate by the Secretary. 

3 (D) PRIVACY.—The Secretary shall take 

4 all necessary steps to protect the privacy of in5 dividual residents and staff persons associated 

6 with the affected skilled nursing facility, nurs7 ing facility, intermediate care facility, or psy8 chiatric hospital. 

9 (2) DISCLOSURE BY FACILITIES.— 

10 (A) IN GENERAL.—Beginning after the 

11 date of enactment of this Act and continuing 

12 through the end of the emergency period, or 

13 through a later date determined appropriate by 

14 the Secretary, the Secretary shall ensure that 

15 skilled nursing facilities, nursing facilities, in16 termediate care facilities, and psychiatric hos17 pitals provide notification when a case of 

18 COVID–19 is confirmed among a resident or 

19 staff person or when 3 or more residents or 

20 staff exhibit the new-onset of respiratory symp21 toms occurring within 72 hours of each other to 

22 the following: 

23 (i) Residents of such facility and resi24 dents’ family or legal representative. 


pbinns on DSKJLVW7X2PROD with BILLS
19 

•S 3768 IS

1 (ii) State Long-Term Care Ombuds2 man programs (as described in section 

3 712(a)(1) of the Older Americans Act of 

4 1965 (42 U.S.C. 3058g(a)(1))). 

5 (iii) The protection and advocacy sys6 tem (as established under subtitle C of 

7 title I of the Developmental Disabilities 

8 Assistance and Bill of Rights Act (42 

9 U.S.C. 15041 et seq.). 

10 (B) TIMING.—The notification required 

11 under subparagraph (A) shall be provided— 

12 (i) within 12 hours of the confirma13 tion of a COVID–19 case or the confirma14 tion of 3 or more residents or staff persons 

15 exhibiting new-onset respiratory symptoms 

16 with 72 hours of each other; and 

17 (ii) in the most expedient manner 

18 available, to be followed-up with written 

19 notification to residents of the facility and 

20 residents’ family or legal representative. 

21 (3) HHS STUDY AND REPORT ON COVID–19

22 OUTBREAKS.— 

23 (A) STUDY.— 

24 (i) IN GENERAL.—The Secretary shall 

25 conduct a study on COVID–19 outbreaks 


pbinns on DSKJLVW7X2PROD with BILLS
20 

•S 3768 IS

1 in skilled nursing facilities, nursing facili2 ties, intermediate care facilities, and psy3 chiatric hospitals. Such study shall include 

4 an analysis of— 

5 (I) the characteristics of skilled 

6 nursing facilities, nursing facilities, in7 termediate care facilities, and psy8 chiatric hospitals that experienced 

9 COVID–19 outbreaks; 

10 (II) the size of the outbreaks; 

11 (III) the number of deaths of 

12 residents and staff persons from 

13 COVID–19; and 

14 (IV) the total number of deaths 

15 of residents. 

16 (ii) CHARACTERISTICS.—The charac17 teristics described in clause (i) shall in18 clude— 

19 (I) the facility’s history of com20 pliance with the requirements of par21 ticipation under titles XVIII and XIX 

22 of the Social Security Act, including 

23 requirements relating to infection con24 trol and emergency preparedness; 


pbinns on DSKJLVW7X2PROD with BILLS
21 

•S 3768 IS

1 (II) the facility’s current or past 

2 affiliation (as either a candidate or 

3 participant) with the special focus fa4 cility program under section 

5 1819(f)(8) of such Act (42 U.S.C. 

6 1395i–3(f)(8)) and section 

7 1919(f)(10) of such Act (42 U.S.C. 

8 1396r(f)(10)); 

9 (III) the facility’s resident size, 

10 including the number of occupied 

11 beds; 

12 (IV) the facility’s geographic lo13 cation; and 

14 (V) the facility’s for-profit or 

15 non-profit status. 

16 (B) REPORT.—Not later than 6 months 

17 after the end of the emergency period, and 

18 every 6 months thereafter through the end of 

19 the 2-year period that begins at the end of the 

20 emergency period, the Secretary shall submit to 

21 the appropriate Committees of Congress a re22 port containing the results of the study con23 ducted under paragraph (1), together with rec24 ommendations for such legislation and adminisVerDate Sep 11 2014 01:55 Jun 11, 2020 Jkt 099200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S3768.IS S3768

pbinns on DSKJLVW7X2PROD with BILLS
22 

•S 3768 IS

1 trative action as the Secretary determines ap2 propriate. 

3 (c) MONTHLY BRIEFINGS ON THE COVID–19 RE4 SPONSE.— 

5 (1) MONTHLY BRIEFINGS.— Not later than 15 

6 days after the date of enactment of this Act, and at 

7 least once every 30 days thereafter through the end 

8 of the emergency period, the Secretary shall brief 

9 the appropriate Committees of Congress (including 

10 all members of such Committees) on the COVID–19 

11 outbreak in skilled nursing facilities, nursing facili12 ties, intermediate care facilities, and psychiatric hos13 pitals and the response by the Secretary to such out14 break. 

15 (2) REPORT.—Not later than 1 year after the 

16 date of enactment of this Act, the Inspector General 

17 of the Department of Health and Human Services 

18 shall submit to Congress a report that evaluates the 

19 response of the Secretary to the COVID–19 out20 break in skilled nursing facilities, nursing facilities, 

21 intermediate care facilities, and psychiatric hospitals 

22 such as guidance, rules, or waivers established by 

23 the Secretary. 

24 (d) RULE OF CONSTRUCTION.—Nothing in this sec25 tion shall be construed to affect the requirements or condiVerDate Sep 11 2014 01:55 Jun 11, 2020 Jkt 099200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S3768.IS S3768

pbinns on DSKJLVW7X2PROD with BILLS
23 

•S 3768 IS

1 tions of participation under titles XVIII and XIX of the 

2 Social Security Act with respect to skilled nursing facili3 ties, nursing facilities, intermediate care facilities, and 

4 psychiatric hospitals. 

5 (e) DEFINITIONS.—In this section: 

6 (1) APPROPRIATE COMMITTEES OF CON7 GRESS.—The term ‘‘appropriate Committee of Con8 gress’’ means— 

9 (A) the Committee on Finance of the Sen10 ate; 

11 (B) the Committee on Health, Education, 

12 Labor, and Pensions of the Senate; 

13 (C) the Special Committee on Aging of the 

14 Senate; 

15 (D) the Committee on Ways and Means of 

16 the House of Representatives; and 

17 (E) the Committee on Energy and Com18 merce of the House of Representatives. 

19 (2) EMERGENCY PERIOD.—The term ‘‘Emer20 gency period’’ means the emergency period described 

21 in section 1135(g)(1)(B) of the Social Security Act 

22 (42 U.S.C. 1395b–5(g)(1)(B)). 

23 (3) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

24 has the meaning given that term in section 4 of the 


pbinns on DSKJLVW7X2PROD with BILLS
24 

•S 3768 IS

1 Indian Self-Determination and Education Assistance 

2 Act (25 U.S.C. 5304). 

3 (4) INTERMEDIATE CARE FACILITY.—The term 

4 ‘‘intermediate care facility’’ means an intermediate 

5 care facility described in section 1905(d) of the So6 cial Security Act (42 U.S.C. 1396d(d)). 

7 (5) NURSING FACILITY.—The term ‘‘nursing 

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

9 1919(a) of the Social Security Act (42 U.S.C. 

10 1396r(a)). 

11 (6) PSYCHIATRIC HOSPITAL.—The term ‘‘psy12 chiatric hospital’’ has the meaning given that term 

13 in section 1861(f) of the Social Security Act (42 

14 U.S.C. 1395x(f)). 

15 (7) SECRETARY.—The term ‘‘Secretary’’ means 

16 the Secretary of Health and Human Services. 

17 (8) SKILLED NURSING FACILITY.—The term 

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

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

20 (42 U.S.C. 1395i–3(a)). 

21 (9) STATE.—The term ‘‘State’’ means the 50 

22 States, the District of Columbia, the Commonwealth 

23 of Puerto Rico, the United States Virgin Islands, 

24 Guam, the Commonwealth of the Northern Mariana 

25 Islands, and American Samoa. 


pbinns on DSKJLVW7X2PROD with BILLS
25 

•S 3768 IS

1 (10) SURGE TEAM.—The term ‘‘surge team’’ 

2 means a short-term staffing team. 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS