COVID–19 Nursing Home Protection Act of 2021

To amend title XI and title XVIII of the Social Security Act to provide funding for State strike teams, technical assistance, and infection control for resident and worker safety in skilled nursing facilities and nursing facilities, and for other purposes. 1. Short title This Act may be cited as the COVID–19 Nursing Home Protection Act of 2021 2. State strike teams for resident and worker safety (a) In general Part A of title XI of the Social Security Act ( 42 U.S.C. 1301 1150C. State strike teams for resident and worker safety (a) In general From amounts appropriated under subsection (c), the Secretary shall allocate funds among the States for purposes of establishing and implementing strike teams in accordance with subsection (b). (b) Use of funds A State that receives funds under this section shall use such funds to establish and implement a strike team that will be deployed to a skilled nursing facility (as defined in section 1819(a)) or nursing facility (as defined in section 1919(a)) in the State with diagnosed or suspected cases of COVID–19 among residents or staff for the purposes of assisting with COVID–19 vaccinations, clinical care, infection control, or staffing. (c) Funding There are hereby appropriated to the Centers for Medicare & Medicaid Services Program Management Account, out of any money in the Treasury not otherwise appropriated, $750,000,000 for the fiscal year ending September 30, 2021, to remain available through September 30, 2022, for purposes of carrying out this section. . (b) Emergency designation (1) In general The amounts provided by this section are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 933(g) (2) Designation in senate In the Senate, this section is designated as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018. 3. Providing for infection control support to skilled nursing facilities through contracts with quality improvement organizations (a) In general Section 1862(g) of the Social Security Act ( 42 U.S.C. 1395y(g) (1) by striking The Secretary (1) The Secretary (2) by adding at the end the following new paragraph: (2) (A) The Secretary shall ensure that at least 1 contract with a quality improvement organization described in paragraph (1) entered into on or after the date of the enactment of this paragraph and before the end of the emergency period described in section 1135(g)(1)(B) (or in effect as of such date) includes the requirement that such organization provide to skilled nursing facilities with cases of COVID–19 (or facilities attempting to prevent outbreaks of COVID–19) infection control support described in subparagraph (B) during such period. (B) For purposes of subparagraph (A), the infection control support described in this subparagraph is, with respect to skilled nursing facilities described in such subparagraph, the development and dissemination to such facilities of protocols relating to the prevention or mitigation of COVID–19 at such facilities and the provision of training materials to such facilities relating to such prevention or mitigation. . (b) Funding The Secretary of Health and Human Services shall provide for the transfer from the Federal Supplementary Medical Insurance Trust Fund (as described in section 1841 of the Social Security Act ( 42 U.S.C. 1395t 42 U.S.C. 1395i 42 U.S.C. 1320c 4. Requiring long term care facilities to report certain information relating to COVID–19 cases and deaths (a) In general The Secretary of Health and Human Services (in this section referred to as the Secretary (b) Demographic information The Secretary shall post the following information with respect to skilled nursing facilities (as defined in section 1819(a) of the Social Security Act ( 42 U.S.C. 1395i–3(a) 42 U.S.C. 1396r(a) 42 U.S.C. 1395i–3(i) (1) The age, race/ethnicity, and preferred language of the residents of such skilled nursing facilities and nursing facilities with suspected or confirmed COVID–19 infections, including residents previously treated for COVID–19. (2) The age, race/ethnicity, and preferred language relating to total deaths and COVID–19 deaths among residents of such skilled nursing facilities and nursing facilities. (c) Confidentiality Any information reported under this section that is made available to the public shall be made so available in a manner that protects the identity of residents of skilled nursing facilities and nursing facilities. (d) Implementation The Secretary may implement the provisions of this section by program instruction or otherwise.

Summary: COVID-19 Nursing Home Protection Act of 2021 This bill provides funds and establishes requirements for Medicare skilled nursing facilities (SNFs) and Medicaid nursing facilities (NFs) to address COVID-19 (i.e., coronavirus disease 2019). Specifically, the bill provides FY2021 funding for COVID-19 strike teams that can be deployed to these facilities to help with vaccinations, clinical care, infection control, or staffing. The amounts provided by the bill are designated as an emergency requirement pursuant to the Statutory Pay-As-You-Go Act of 2010 (PAYGO) and the Senate PAYGO rule. (This excludes the budget effects from being counted for the purposes of enforcing the PAYGO rules.) In addition, the bill requires the Centers for Medicare & Medicaid Services (CMS) to ensure that, during the public health emergency relating to COVID-19, at least one of its contracts with Medicare quality improvement organizations requires that the organization assist SNFs with COVID-19 infection control (e.g., training materials). Finally, the bill provides statutory authority for the requirement that SNFs and NFs report data regarding COVID-19 preparedness, testing, infections, and deaths. Additionally, the CMS must publish on the Nursing Home Compare website certain demographic information, aggregated by state, with respect to COVID-19 infections and deaths in such facilities.