II 

117TH CONGRESS 

2D SESSION S. 3611 

To provide for improvements in the reimbursement of eligible health care 

providers through the Provider Relief Fund, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 9, 2022 

Mrs. SHAHEEN (for herself and Ms. COLLINS) introduced the following bill; 

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

A BILL 

To provide for improvements in the reimbursement of eligible 

health care providers through the Provider Relief Fund, 

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 ‘‘Provider Relief Fund 

5 Improvement Act’’. 

6 SEC. 2. COVID–19 PROVIDER RELIEF FUND IMPROVE7 MENTS. 

8 (a) EXTENSION OF DEADLINE FOR ELIGIBLE

9 HEALTH CARE PROVIDERS TO USE CERTAIN FUNDS REVerDate Sep 11 2014 04:49 Feb 10, 2022 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3611.IS S3611

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1 CEIVED FROM THE COVID–19 PROVIDER RELIEF

2 FUND.— 

3 (1) PAYMENT RECEIVED PERIODS 1 AND 2.— 

4 Effective June 29, 2021, the deadline by which an 

5 eligible health care provider is required to use reim6 bursements from the Provider Relief Fund received 

7 by such eligible health care provider during a cov8 ered payment received period is extended until the 

9 end of the COVID–19 emergency period. 

10 (2) ADJUSTMENT OF REPORTING TIME PE11 RIOD.—The Secretary shall make appropriate ad12 justments to the reporting time period (as specified 

13 in the Provider Relief Fund guidance) that cor14 responds to a covered payment received period to re15 flect the extension of the applicable deadline under 

16 paragraph (1). 

17 (3) MODIFICATION OF DEADLINE FOR PERIOD

18 3.—The deadline by which an eligible health care 

19 provider is required to use reimbursements from the 

20 Provider Relief Fund received by such eligible health 

21 care provider during the Payment Received Period 

22 referred to in the Provider Relief Fund Guidance as 

23 the Period 3 specified in table 1 of such guidance 

24 (beginning on January 1, 2021, and ending on June 

25 30, 2021) shall be the later of— 


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1 (A) the end of the COVID–19 emergency 

2 period; or 

3 (B) June 30, 2022. 

4 (b) REQUIREMENT TO DISTRIBUTE REMAINING

5 COVID–19 PROVIDER RELIEF FUNDS BY MARCH 31, 

6 2022.— 

7 (1) REQUIREMENT FOR DISTRIBUTIONS.— 

8 (A) IN GENERAL.—Not later than March 

9 31, 2022, the Secretary shall distribute to eligi10 ble health care providers for health care related 

11 expenses or lost revenues that are attributable 

12 to coronavirus, any remaining funds appro13 priated to the Provider Relief Fund as of the 

14 date of the enactment of this section for reim15 bursements. 

16 (B) DEADLINE TO USE FUNDS.—The 

17 deadline by which an eligible health care pro18 vider is required to use reimbursements received 

19 pursuant to subparagraph (A) is June 30, 

20 2023. 

21 (2) ACCOUNTING FOR HEALTH CARE RELATED

22 EXPENSES OR LOST REVENUES IN THE SECOND, 

23 THIRD, AND FOURTH QUARTERS OF 2021.—Notwith24 standing any other provision of law, distributions 

25 made under paragraph (1) to eligible health care 


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1 providers shall account for financial losses and 

2 changes in operating expenses occurring in the sec3 ond, third, or fourth quarter of calendar year 2021, 

4 that are attributable to coronavirus. 

5 (3) ALLOCATION OF PAYMENTS RETURNED DUE

6 TO PREVIOUS DEADLINES.— 

7 (A) IN GENERAL.—The Secretary shall es8 tablish a process for eligible health care pro9 viders to apply to receive funds from the Sec10 retary in amounts up to the amount each such 

11 provider returned to the Provider Relief Fund 

12 due to previous reporting and use of funds 

13 deadlines. 

14 (B) CLARIFICATIONS.—Funding under this 

15 paragraph shall be— 

16 (i) available with respect to amounts 

17 returned by eligible health care providers 

18 between June 30, 2021, and December 30, 

19 2021; and 

20 (ii) in addition to amounts made 

21 available to such providers under para22 graph (1). 

23 (c) CLARIFICATION OF USE OF FUNDS FOR WORK24 PLACE SAFETY AND SECURITY.— 


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1 (1) IN GENERAL.—Funds appropriated to the 

2 Provider Relief Fund for eligible health care pro3 viders and funds appropriated under section 1150C 

4 of the Social Security Act (42 U.S.C. 1320b–26) for 

5 eligible health care providers (as defined in sub6 section (e)(1) of such section) before, on, or after 

7 the date of the enactment of this section may be 

8 used to reimburse an eligible health care provider for 

9 expenses incurred by the eligible health care provider 

10 for measures taken to establish or improve the secu11 rity of the workplace of such eligible health care pro12 vider and improve the safety of personnel of such eli13 gible health care provider present at such workplace. 

14 (2) ADDITIONAL CLARIFICATION OF PERMIS15 SIBLE EXPENSES.—Expenses for workplace security 

16 and safety of personnel of an eligible health care 

17 provider described in paragraph (1) shall include the 

18 following: 

19 (A) Mitigation of risk of violence at the 

20 workplace of such eligible health care provider, 

21 including the employment of additional security 

22 personnel, conduct of risk assessment activities, 

23 implementation of response plans, implementa24 tion of small-scale changes to physical plant 

25 (such as the addition of more secure locks, the 


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1 use of key card access, altering ingress and 

2 egress points, and the installation of additional 

3 security cameras), and staff education and 

4 training. 

5 (B) Measures to prevent violence at the 

6 workplace and against personnel of such eligible 

7 health care provider, including education and 

8 training of personnel on de-escalation protocols 

9 and installation of panic buttons and other 

10 similar, required equipment. 

11 (C) Trauma support for personnel with re12 spect to violence in the workplace, such as 

13 counseling and other supports in the event of 

14 significant workplace safety episodes, which 

15 may include events that do not result in vio16 lence but may have significant impacts on per17 sonnel and the operations of the eligible health 

18 care provider (commonly referred to as near19 misses). 

20 (d) DEFINITIONS.—In this section: 

21 (1) CORONAVIRUS.—The term ‘‘coronavirus’’ 

22 means severe acute respiratory syndrome 

23 coronavirus 2 (SARS–CoV–2) or another 

24 coronavirus with pandemic potential. 


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1 (2) COVERED PAYMENT RECEIVED PERIOD.— 

2 The term ‘‘covered payment received period’’ means, 

3 with respect to Payment Received Periods referred 

4 to in the Provider Relief Fund Guidance— 

5 (A) the ‘‘Period 1’’ specified in table 1 of 

6 such guidance (beginning on April 10, 2020, 

7 and ending on June 30, 2020); and 

8 (B) the ‘‘Period 2’’ specified in such table 

9 (beginning on July 1, 2020, and ending on De10 cember 31, 2020). 

11 (3) COVID–19 EMERGENCY PERIOD.—The 

12 term ‘‘COVID–19 emergency period’’ means the 

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

14 of the Social Security Act (42 U.S.C. 1320b– 

15 5(g)(1)(B)). 

16 (4) ELIGIBLE HEALTH CARE PROVIDER.—The 

17 term ‘‘eligible health care provider’’ has the meaning 

18 given such term in the third proviso of the third 

19 paragraph under the heading ‘‘Department of 

20 Health and Human Services—Office of the Sec21 retary—Public Health and Social Services Emer22 gency Fund’’ in division B of the CARES Act (Pub23 lic Law 116–136). 

24 (5) PROVIDER RELIEF FUND.—The term ‘‘Pro25 vider Relief Fund’’ means the funding appropriated 


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1 to prevent, prepare for, and respond to coronavirus, 

2 domestically or internationally, for necessary ex3 penses to reimburse, through grants or other mecha4 nisms, eligible health care providers for health care 

5 related expenses or lost revenues that are attrib6 utable to coronavirus for which appropriations are 

7 made under— 

8 (A) the third paragraph under the heading 

9 ‘‘Department of Health and Human Services— 

10 Office of the Secretary—Public Health and So11 cial Services Emergency Fund’’ in division B of 

12 the CARES Act (Public Law 116–136); 

13 (B) the first paragraph under the heading 

14 ‘‘Department of Health and Human Services— 

15 Office of the Secretary—Public Health and So16 cial Services Emergency Fund’’ in division B of 

17 the Paycheck Protection Program and Health 

18 Care Enhancement Act (Public Law 116–139); 

19 and 

20 (C) the third paragraph under the heading 

21 ‘‘Department of Health and Human Services— 

22 Office of the Secretary—Public Health and So23 cial Services Emergency Fund’’ of the 

24 Coronavirus Response and Relief Supplemental 

25 Appropriations Act, 2021 (division M of the 


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1 Consolidated Appropriations Act, 2021 (Public 

2 Law 116–260)). 

3 (6) PROVIDER RELIEF FUND GUIDANCE.—The 

4 term ‘‘Provider Relief Fund Guidance’’ refers to the 

5 guidance entitled ‘‘Provider Relief Fund General and 

6 Targeted Distribution Post-Payment Notice of Re7 porting Requirements’’ issued by the Secretary of 

8 Health and Human Services on June 11, 2021. 

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

10 the Secretary of Health and Human Services, acting 

11 through the Administrator of the Health Resources 

12 and Services Administration. 

Æ 


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