Health Care Broad­band Expansion During COVID–19 Act

To provide for the expansion of the Rural Health Care Program of the Federal Communications Commission in response to COVID–19, and for other purposes. 1. Short title This Act may be cited as the Health Care Broad­band Expansion During COVID–19 Act 2. Definitions In this Act: (1) Commission The term Commission (2) Eligible equipment The term eligible equipment (3) Eligible service provider The term eligible service provider (4) Funding year The term funding year (5) Health care provider The term health care provider (6) Healthcare Connect Fund Program The term Healthcare Connect Fund Program (7) Multi-year commitments The term multi-year commitments (8) Rural area The term rural area (9) Rural Health Care Program The term Rural Health Care Program (10) Rural health care provider The term rural health care provider (11) Telecommunications Program The term Telecommunications Program (12) Upfront payments The term upfront payments 3. Expansion of rural health care program of FCC in response to COVID–19 (a) Promulgation of regulations required Not later than 7 days after the date of enactment of this Act, the Commission shall promulgate regulations modifying the requirements in subpart G of part 54 of title 47, Code of Federal Regulations, in the following manner: (1) A health care provider not located in a rural area shall be treated as a rural health care provider for the purposes of the Healthcare Connect Fund Program. (2) The discount rate for an eligible expense through the Healthcare Connect Fund Program (as described in section 54.611(a) of title 47, Code of Federal Regulations, or any successor regulation) shall be increased to 85 percent in funding years 2019, 2020, and 2021 for eligible equipment purchased or eligible services rendered in such funding years, including for eligible equipment, upfront payments, and multi-year commitments without limitation. (3) A temporary, mobile, or satellite health care delivery site shall be treated as a health care provider or an eligible site of a health care provider for purposes of determining eligibility for the Healthcare Connect Fund Program or the Telecommunications Program. (4) The waiver of the application window specified in section 54.621(a) of title 47, Code of Federal Regulations, or any successor regulation, for funding year 2019. (5) The adoption and implementation of a rolling application process to allow a health care provider to apply for funding. (6) The following changes to certain bidding requirements: (A) A waiver of any requirement under section 54.622 of title 47, Code of Federal Regulations, or any successor regulation, for a health care provider upgrading an existing supported service at a particular location, effective as of the date of declaration of the public health emergency pursuant to section 319 of the Public Health Service Act ( 42 U.S.C. 247d (B) Reduction of the 28-day waiting period described in section 54.622(g) of title 47, Code of Federal Regulations, or any successor regulation, to a 14-day waiting period. (C) Modification of the requirements in section 54.622 of title 47, Code of Federal Regulations, or any successor regulation, to— (i) provide that bid evaluation criteria may give additional consideration to the speed with which an eligible service provider can initiate service; and (ii) encourage applicants to consider bids from different providers to provide service to different locations of such applicants, if considering bids in this manner would expedite the overall timeline for initiating or expanding service to individual locations. (7) Issuance of a decision on each application for funding not later than 60 days after the date on which the application is filed. (8) Release of funding not later than 30 days after the date on which an invoice is submitted with respect to an application that is approved, applicable services have been provided, and required invoices have been submitted as required under program rules. (b) Additional changes to Rural Health Care Program (1) Release of funding for outstanding funding requests (A) In general The Commission shall ensure the release of funding for all requests (outstanding as of the date of enactment of this Act) under the Rural Health Care Program not later than 60 days after the date of enactment of this Act, except that for outstanding funding requests that are subject to a review of the applicable urban and rural rates, the Commission shall ensure the release of interim funding not later than 60 days after the date of enactment of this Act, disbursed at 65 percent of the funding request, subject to a true-up following the completion of such review. (B) Limitation This paragraph shall not apply to any party or successor-in-interest to any party to which the Commission, during the period beginning on the date that is 1 year before the date of enactment of this Act and ending on January 31, 2020, has issued a Letter of Inquiry, Notice of Apparent Liability, or Forfeiture Order relating to the party’s participation in the Rural Health Care Program, pursuant to section 503(b) of the Communications Act of 1934 ( 47 U.S.C. 503(b) (C) Required repayment In the case of an eligible service provider that receives funding through the Rural Health Care Program pursuant to this paragraph to which the eligible service provider is not entitled, the Commission shall require the eligible service provider to repay such funds. (2) Delay of implementation schedule The Commission shall— (A) delay by 1 year the implementation of sections 54.604 and 54.605 of title 47, Code of Federal Regulations, or any successor regulation, as adopted in the Report and Order in the matter of Promoting Telehealth in Rural America (FCC 19–78) that was adopted by the Commission on August 1, 2019; and (B) delay application of the new definition of similar services (c) Effective date of regulations The regulations required under subsection (a) shall take effect on the date on which the regulations are promulgated. (d) Termination of regulations Except to the extent that the Commission determines that some or all of the regulations promulgated under subsection (a) should remain in effect (excluding any regulation promulgated under paragraph (1) of such subsection), the regulations shall terminate on the later of— (1) the earlier of— (A) the date that is 60 days after the termination of the declaration, or any renewal thereof, of the public health emergency pursuant to section 319 of the Public Health Service Act ( 42 U.S.C. 247d (B) the date of the expiration of the appropriation in subsection (f)(2); and (2) the date that is 9 months after the date of enactment of this Act. (e) Exemptions (1) Notice and comment rulemaking requirements Subsections (b), (c), and (d) of section 553 of title 5, United States Code, shall not apply to a regulation promulgated under subsection (a) or a rulemaking to promulgate such a regulation. (2) Paperwork Reduction Act requirements A collection of information conducted or sponsored under the regulations required by subsection (a), or under section 254 of the Communications Act of 1934 ( 47 U.S.C. 254 chapter 35 Paperwork Reduction Act (f) Emergency Rural Health Care Connectivity Fund (1) Establishment There is established in the Treasury of the United States a fund to be known as the Emergency Rural Health Care Connectivity Fund. (2) Appropriation There is appropriated to the Emergency Rural Health Care Connectivity Fund, out of any money in the Treasury not otherwise appropriated, $2,000,000,000 for fiscal year 2020, to remain available through fiscal year 2022. (3) Use of funds Amounts in the Emergency Rural Health Care Connectivity Fund shall be available to the Commission to carry out the Rural Health Care Program, as modified by the regulations promulgated under subsection (a). (4) Relationship to universal service contributions Support provided under the regulations required by paragraphs (1) through (3) of subsection (a) shall be— (A) provided from amounts made available under paragraph (3) of this subsection and not from contributions under section 254(d) of the Communications Act of 1934 ( 47 U.S.C. 254(d) (B) in addition to, and not in replacement of, funds authorized by the Commission for the Rural Health Care Program as of the date of enactment of this Act from contributions under section 254(d) of the Communications Act of 1934 ( 47 U.S.C. 254(d)

Summary: Health Care Broadband Expansion During COVID-19 Act This bill temporarily expands the Rural Health Care Program of the Federal Communications Commission (FCC) in response to COVID-19 (i.e., coronavirus disease 2019). It also establishes and provides funding for the Emergency Rural Health Care Connectivity Fund through FY2022 to carry out the Rural Health Care Program. Currently, the FCC subsidizes 65% of the cost of broadband for eligible public and nonprofit rural health care facilities through the Rural Health Care Program. This bill expands the program to encompass health care providers not located in rural areas, including mobile and temporary facilities, and it increases the subsidy rate to 85%. The bill also requires the FCC to (1) promulgate regulations to expedite the receipt of funds under the program, and (2) release funding for all requests within a designated time frame.