II 

116TH CONGRESS 

2D SESSION S. 4846 

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 SENATE OF THE UNITED STATES 

OCTOBER 22 (legislative day, OCTOBER 19), 2020 

Mr. BOOKER introduced the following bill; which was read twice and referred 

to the Committee on Finance 

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. 

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 Pan5 demic Protection Act’’. 


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•S 4846 IS

1 SEC. 2. REQUIREMENTS FOR SKILLED NURSING FACILI2 TIES, NURSING FACILITIES, AND ASSISTED 

3 LIVING FACILITIES TO MANAGE THE OUT4 BREAK OF COVID–19. 

5 (a) CODIFICATION OF MEMORANDUM RELATING TO

6 NOTIFICATION REQUIREMENTS OF CASES OF COVID–19 

7 THAT ARE CONFIRMED OR UNDER INVESTIGATION IN

8 NURSING HOMES.—The memorandum entitled ‘‘Upcom9 ing Requirements for Notification of Confirmed COVID– 

10 19 (or COVID–19 Persons under Investigation) Among 

11 Residents and Staff in Nursing Homes’’ published by the 

12 Centers for Medicare & Medicaid Services on April 19, 

13 2020 shall have the force and effect of law. 

14 (b) CRISIS PLAN FOR SUCH FACILITIES.—The Sec15 retary of Health and Human Services shall ensure that 

16 skilled nursing facilities, nursing facilities, and assisted 

17 living facilities establish, not later than 60 days after the 

18 date of the enactment of this Act, a crisis plan to manage 

19 the outbreak of COVID–19 and other public health emer20 gencies within such facilities. Such plan shall outline pro21 cedures relating to infection control, staffing, personal 

22 protective equipment, outside medical providers and hos23 pitalizations, and communication with family members. 

24 (c) PPE REQUIREMENTS FOR SUCH FACILITIES.— 

25 (1) IN GENERAL.—The Secretary of Health and 

26 Human Services shall ensure that skilled nursing faVerDate Sep 11 2014 22:37 Oct 29, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4846.IS S4846

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•S 4846 IS

1 cilities, nursing facilities, and assisted living facilities 

2 establish, not later than 120 days after the date of 

3 the enactment of this Act, a plan to maintain access 

4 to a minimum amount of personal protective equip5 ment described in paragraph (2) to manage the out6 break of COVID–19 and other public health emer7 gencies within such facilities. 

8 (2) MINIMUM AMOUNT OF PPE DESCRIBED.— 

9 For purposes of paragraph (1), a minimum amount 

10 of personal protective equipment described in this 

11 paragraph is the amount of such equipment for use 

12 by the staff and residents of such facilities for a 30- 

13 day period. 

14 (d) DEFINITIONS.—In this Act: 

15 (1) NURSING FACILITY.—The term ‘‘nursing 

16 facility’’ has the meaning given such term in section 

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

18 1396r(a)). 

19 (2) SKILLED NURSING FACILITY.—The term 

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

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

22 (42 U.S.C. 1395i–3(a)). 

Æ 


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