I 

116TH CONGRESS 

2D SESSION H. R. 7463 

To require States to meet assisted living facility reporting requirements to 

qualify for future COVID–19 response funds. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 1, 2020 

Mrs. CAROLYN B. MALONEY of New York 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 require States to meet assisted living facility reporting 

requirements to qualify for future COVID–19 response 

funds. 

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 ‘‘Assisted Living Facil5 ity Coronavirus Reporting Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) ASSISTED LIVING FACILITY.—The term 

2 ‘‘assisted living facility’’ means— 

3 (A) an adult care facility that— 

4 (i) is licensed and regulated by the 

5 State in which the facility is located (or, if 

6 there is no State law providing for such li7 censing and regulation by the State, by the 

8 municipality or other political subdivision 

9 in which the facility is located); 

10 (ii) makes available to residents sup11 portive services to assist the residents in 

12 carrying out activities of daily living, such 

13 as bathing, dressing, eating, getting in and 

14 out of bed or chairs, walking, going out15 doors, using the toilet, laundry, home man16 agement, preparing meals, shopping for 

17 personal items, obtaining and taking medi18 cation, managing money, using the tele19 phone, or performing light or heavy house20 work, and which may make available to 

21 residents home health care services, such 

22 as nursing and therapy; and 

23 (iii) provides dwelling units for resi24 dents, each of which may contain a full 

25 kitchen and bathroom, and which includes 


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1 common rooms and other facilities appro2 priate for the provision of supportive serv3 ices to the residents of the facility; 

4 (B) an adult care facility that— 

5 (i) is— 

6 (I) licensed and regulated by the 

7 State in which the facility is located 

8 (or, if there is no State law providing 

9 for such licensing and regulation by 

10 the State, by the municipality or other 

11 political subdivision in which the facil12 ity is located); and 

13 (II) similar to a skilled nursing 

14 facility, (as defined in section 1819(a) 

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

16 1395i–3(a))), a nursing facility (as 

17 defined in section 1919(a) of the So18 cial Security Act (42 U.S.C. 

19 1396r(a))), or a board and care facil20 ity (as defined in section 1616(e) of 

21 the Social Security Act (42 U.S.C. 

22 1382e(e))); or 

23 (ii) is subject to the identification, in24 vestigation, and resolution of complaints 

25 by, or otherwise subject to the activities of, 


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1 a State Long-Term Care Ombudsman pro2 gram established under section 712 of the 

3 Older Americans Act of 1965 (42 U.S.C. 

4 3058g); or 

5 (C) an adult care facility receiving Federal 

6 funds through a State Medicaid program under 

7 title XIX of the Social Security Act (42 U.S.C. 

8 1396 et seq.), including through any waiver re9 lating to such a program granted under such 

10 title or title XI of such Act (42 U.S.C. 1301 et 

11 seq.). 

12 (2) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of Health and Human Services. 

14 SEC. 3. STATE REPORTING REQUIREMENTS FOR ASSISTED 

15 LIVING FACILITIES AND COVID–19. 

16 (a) IN GENERAL.—As a condition of receiving fund17 ing to combat the coronavirus pandemic under Federal 

18 legislation enacted on or after the date of enactment of 

19 this Act which designates such funding as being for emer20 gency requirements pursuant to section 251(b)(2)(A)(i) of 

21 the Balanced Budget and Emergency Deficit Control Act 

22 of 1985 (2 U.S.C. 901(b)(2)(A)(i)), a State shall do the 

23 following: 

24 (1) Within 30 days of the passage of this Act, 

25 begin weekly reporting of the following information 


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1 for each assisted living facility located in the State 

2 to the Centers for Disease Control and Prevention, 

3 disaggregated by race, ethnicity, primary language, 

4 sex, sexual orientation, gender identity, age, and dis5 ability status: 

6 (A) The number of suspected and con7 firmed active cases of Coronavirus Disease 

8 2019 (COVID–19) among residents and the 

9 number of suspected and confirmed active cases 

10 of COVID–19 among staff of the facility. 

11 (B) The number of residents and staff of 

12 the facility, respectively, who, since the last re13 port under this paragraph, contracted severe 

14 respiratory infections related to COVID–19 

15 that resulted in hospitalization and the number 

16 that resulted in death, including deaths that oc17 curred outside of the facility. 

18 (C) The number COVID–19 diagnostic 

19 tests conducted weekly on residents and staff of 

20 the facility, respectively, and the percentage of 

21 those tests that are positive among residents 

22 and staff of the facility, respectively. 

23 (D) The average time between testing a 

24 resident and receiving the results of the test. 


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1 (E) The personal protective equipment, 

2 hand hygiene supplies, ventilators, and medical 

3 supplies in the facility. 

4 (F) The total number of resident beds at, 

5 residents living in, and staff employed by the 

6 facility. 

7 (G) Other information specified by the 

8 Secretary. 

9 (2) Within 30 days of the passage of this Act, 

10 report for each assisted living facility in the State to 

11 the Centers for Disease Control and Prevention, the 

12 information specified in subparagraphs (A) through 

13 (G) of paragraph (1) for the period of time between 

14 January 1, 2020, and the passage of this Act, 

15 disaggregated by race, ethnicity, primary language, 

16 sex, sexual orientation, gender identity, age, and dis17 ability status. 

18 (3) Within 30 days of the passage of this Act, 

19 require each assisted living facility in the State to 

20 inform the Centers for Medicare & Medicaid Serv21 ices, the Centers for Disease Control and Preven22 tion, State and local health officials, residents, their 

23 representatives, and families of those residing in fa24 cilities by 5 p.m. the next calendar day following the 

25 occurrence of either a single confirmed infection of 


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1 COVID–19 among the residents or staff of the facil2 ity or three or more residents or staff of the facility 

3 presenting new-onset of respiratory symptoms within 

4 72 hours of each other. This information shall— 

5 (A) not include personally identifiable in6 formation; 

7 (B) include information on mitigating ac8 tions implemented to prevent or reduce the risk 

9 of transmission, including if normal operations 

10 of the facility will be altered; and 

11 (C) include any cumulative updates for 

12 residents, their representatives, and families at 

13 least weekly or by 5 p.m. the next calendar day 

14 following the subsequent occurrence of— 

15 (i) the identification of a confirmed 

16 infection of COVID–19 among the resi17 dents or staff of the facility; or 

18 (ii) three or more residents or staff 

19 presenting new onset of respiratory symp20 toms within 72 hours of each other. 

21 (b) SUNSET.—The requirements of subsection (a) 

22 shall terminate if and when the circumstances which led 

23 to the public health emergency period described in section 

24 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 


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1 1320b–5(g)(1)(B)) (relating to the coronavirus pandemic) 

2 cease to exist and are unlikely to recur. 

3 (c) GUIDANCE.—Within 15 days of the date of enact4 ment of this Act, the Secretary shall issue guidance to 

5 States to ensure the information reported in (a) is re6 ported in an electronic, standardized format that matches, 

7 to the extent practicable, the format applicable to informa8 tion reported to the Department of Health and Human 

9 Services by skilled nursing facilities and nursing facilities 

10 on COVID–19 under section 483.30(g) of title 42, Code 

11 of Federal Regulations (as amended by the interim final 

12 rule of the Centers for Medicare & Medicaid Services pub13 lished on May 8, 2020 (85 Fed. Reg. 27550)), to enable 

14 the comparison of COVID–19 outbreaks across congregate 

15 care settings. 

16 (d) PUBLICATION OF INFORMATION.—The Secretary 

17 shall publicly post on the website of the Department of 

18 Health and Human Services, the information received by 

19 the Department under section (a), and shall update such 

20 information on a weekly basis. 

21 (e) EXTENSIONS.—The Secretary may grant, at the 

22 request of a State, a 30-day extension for the State report 

23 the information required under paragraphs (1) and (2) of 

24 subsection (a) to allow the State to develop the reporting 


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1 infrastructure necessary to gather such information from 

2 assisted living facilities. 

3 SEC. 4. APPLICATION OF NURSING FACILITY REPORTING 

4 REQUIREMENTS TO ASSISTED LIVING FACILI5 TIES. 

6 The Secretary shall provide that any COVID–19 re7 porting requirement that applies to skilled nursing facili8 ties (as defined in section 1819(a) of the Social Security 

9 Act (42 U.S.C. 1395i–3(a))) or nursing facilities (as de10 fined in section 1919(a) of the Social Security Act (42 

11 U.S.C. 1396r(a))) and is imposed on or after the date of 

12 enactment of this Act under title XVIII or XIX of the 

13 Social Security Act (42 U.S.C. 1395 et seq., 1396 et seq.) 

14 or under a regulation promulgated under such title shall 

15 apply in the same manner to assisted living facilities, 

16 which shall report such information through the States 

17 unless complying with such reporting requirement is not 

18 practicable in the assisted living facility setting. 

19 SEC. 5. GAO REPORT. 

20 Not later than 2 years after the date of enactment 

21 of this Act, the Comptroller General of the United States 

22 shall conduct an evaluation, and submit to Congress, a 

23 report including— 

24 (1) what is known about how required reporting 

25 of COVID–19 data on residents in nursing homes 


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1 during the pandemic was used to prevent or control 

2 COVID–19 cases or deaths, and how this compares 

3 to the experience of other congregate care facilities 

4 without required reporting of this data; and 

5 (2) any lessons learned from required reporting 

6 of COVID–19 cases or deaths in nursing homes that 

7 could be applied to other congregate care facilities 

8 during the COVID–19 pandemic, if it continues, and 

9 similar public health emergencies in the future. 

Æ 


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