I 

116TH CONGRESS 

2D SESSION H. R. 9031 

To amend title XVIII and XIX of the Social Security to require home 

health agencies to provide personal protective equipment to workers and 

submit related reports, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 18, 2020 

Ms. MOORE 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 amend title XVIII and XIX of the Social Security to 

require home health agencies to provide personal protective equipment to workers and submit related reports, 

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 ‘‘Personal Protective 

5 Equipment for Home Health Care Workers Act of 2020’’. 


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1 SEC. 2. REQUIREMENTS FOR HOME HEALTH AGENCIES TO 

2 PROVIDE PERSONAL PROTECTIVE EQUIP3 MENT TO WORKERS AND SUBMIT RELATED 

4 REPORTS. 

5 (a) UNDER THE MEDICARE PROGRAM.—Section 

6 1895 of the Social Security Act (42 U.S.C. 1395fff) is 

7 amended by adding at the end the following new sub8 section: 

9 ‘‘(f) REQUIREMENTS FOR PERSONAL PROTECTIVE

10 EQUIPMENT.— 

11 ‘‘(1) IN GENERAL.—With respect to home 

12 health services furnished during the period begin13 ning on the date of the enactment of this subsection 

14 and ending on the last day of the emergency period 

15 described in section 1135(g)(1)(B) by a home health 

16 agency— 

17 ‘‘(A) no claim for such a service may be 

18 paid under this title, unless the home health 

19 agency— 

20 ‘‘(i) attests to the Secretary it has 

21 provided or will provide personal protective 

22 equipment to individuals working for the 

23 agency at no cost to the individual during 

24 such period; and 

25 ‘‘(ii) so provides personal protective 

26 equipment to individuals working for the 


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1 agency at no cost to the individual during 

2 such period; and 

3 ‘‘(B) in the case the Secretary finds the 

4 home health agency is not in compliance with 

5 subparagraphs (A) and (B) of paragraph (1), 

6 no claim for any such service may be paid 

7 under this title to the home health agency dur8 ing the period that— 

9 ‘‘(i) begins on the first day of such 

10 noncompliance; and 

11 ‘‘(ii) ending on the earlier of— 

12 ‘‘(I) the last day of the 60-day 

13 period after the home health agency is 

14 in compliance with such subpara15 graphs; and 

16 ‘‘(II) the day that is 10 days 

17 after the last day of the emergency 

18 period described in section 

19 1135(g)(1)(B). 

20 ‘‘(2) REPORTS.—With respect to home health 

21 services furnished by a home health agency, no claim 

22 for such a service may be paid under this title, un23 less the home health agency submits to the Sec24 retary— 


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1 ‘‘(A) not later than 45 days after the en2 actment of this subsection, an initial report that 

3 specifies the number of deaths of individuals 

4 working for the agency during the period begin5 ning on the first date of the emergency period 

6 described in section 1135(g)(1)(B) and ending 

7 on the date such report is submitted, disaggre8 gated by week; and 

9 ‘‘(B) reports to be submitted on a schedule 

10 to be determined by the Secretary that specify 

11 the number of deaths of individuals working for 

12 the agency during the preceding 7-day period 

13 through the last day of such emergency pe14 riod.’’. 

15 (b) UNDER STATE MEDICAID PROGRAMS.—Section 

16 1903(i) of the Social Security Act (42 U.S.C. 1396b(i)) 

17 is amended— 

18 (1) in paragraph (26), by striking at the end 

19 ‘‘or’’; 

20 (2) by inserting after paragraph (27) the fol21 lowing new paragraphs: 

22 ‘‘(28) for home health services furnished during 

23 the period beginning on the date of the enactment 

24 of this subsection and ending on the last day of the 


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1 emergency period described in section 1135(g)(1)(B) 

2 by a home health agency— 

3 ‘‘(A) unless the home health agency— 

4 ‘‘(i) attests to the Secretary it has 

5 provided or will provide personal protective 

6 equipment to individuals working for the 

7 agency at no cost to the individual during 

8 such period; and 

9 ‘‘(ii) so provides personal protective 

10 equipment to individuals working for the 

11 agency at no cost to the individual during 

12 such period; and 

13 ‘‘(B) for home health services furnished by 

14 a home health agency in the case the Secretary 

15 finds the home health agency is not in compli16 ance with clauses (i) and (ii) of subparagraph 

17 (A) for the period that— 

18 ‘‘(i) begins on the first day of such 

19 noncompliance; and 

20 ‘‘(ii) ending on the earlier of— 

21 ‘‘(I) the last day of the 60-day 

22 period after the home health agency is 

23 in compliance with such subpara24 graphs; or 


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1 ‘‘(II) the day that is 10 days 

2 after the last day of the emergency 

3 period described in section 

4 1135(g)(1)(B); or 

5 ‘‘(29) for home health services furnished by a 

6 home health agency, unless the home health agency 

7 submits to the Secretary— 

8 ‘‘(A) not later than 45 days after the date 

9 of the enactment of this paragraph, an initial 

10 report that specifies the number of deaths of in11 dividuals working for the agency during the pe12 riod beginning on the first date of the emer13 gency period described in section 1135(g)(1)(B) 

14 and ending on the date such report is sub15 mitted, disaggregated by week; and 

16 ‘‘(B) reports to be submitted on a schedule 

17 to be determined by the Secretary that specify 

18 the number of deaths of individuals working for 

19 the agency during the preceding 7-day period 

20 through the last day of such emergency pe21 riod.’’. 

22 (c) UNDER THE PUBLIC HEALTH AND SOCIAL SERV23 ICES EMERGENCY FUND.—Any home health agency (as 

24 defined in section 1861(o) of the Social Security Act (42 

25 U.S.C. 1395x(o)) that has received funding under the 


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1 ‘‘PUBLIC HEALTH AND SOCIAL SERVICES EMER2 GENCY FUND’’ pursuant to title VIII of division B of 

3 the Coronavirus Aid, Relief, and Economic Security Act 

4 (Public Law 116–136) or the first paragraph of title I 

5 of division B of the Paycheck Protection Program and 

6 Health Care Enhancement Act (Public Law 116–139) be7 fore the date of the enactment of this Act and does not 

8 comply with the requirements described in clauses (i) and 

9 (ii) of paragraph (1)(A) and paragraph (2) of section 

10 1895(f) of the Social Security Act (42 U.S.C. 1395fff(f)) 

11 may not receive any additional funding under the ‘‘PUB12 LIC HEALTH AND SOCIAL SERVICES EMER13 GENCY FUND’’ until the date that the home health 

14 agency is in compliance with such requirements. 

15 (d) PUBLICLY AVAILABLE REPORTS.— 

16 (1) IN GENERAL.—Subject to paragraph (2), 

17 the Secretary of Health and Human Services shall 

18 make the reports required under sections 1895(f)(2) 

19 and 1903(i)(29) of the Social Security Act (42 

20 U.S.C. 1395fff(f)(2); 1396b(i)(29)) and information 

21 contained therein available to the public on the 

22 Internet website of the Centers for Medicare & Med23 icaid Services in a searchable format. 

24 (2) HIPAA COMPLIANT INFORMATION ONLY; 

25 PRIVACY FOR INDIVIDUAL WORKERS.—The SecVerDate Sep 11 2014 02:39 Jan 05, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H9031.IH H9031

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1 retary may only make available the information de2 scribed in paragraph (1) to the extent permitted 

3 under the Federal regulations (concerning the pri4 vacy of individually identifiable health information) 

5 promulgated under section 264(c) of the Health In6 surance Portability and Accountability Act of 1996 

7 and that prevents the identification of individual 

8 workers. 

Æ 


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