PREPARE LTC Act

To amend titles XVIII and XIX of the Social Security Act to codify certain infection control and emergency preparedness regulations, to prohibit a reduction in the frequency of surveys of skilled nursing facilities and nursing facilities, and to prohibit the waiver of certain reporting requirements, and for other purposes. 1. Short title This Act may be cited as the Promoting Restoration of Emergency Preparedness and Advancing Response to Epidemics in Long-Term Care Act PREPARE LTC Act 2. Codifying infection control and emergency preparedness regulations for skilled nursing facilities and nursing facilities as a requirement for participation under the Medicare and Medicaid programs (a) Infection control regulations (1) Medicare Section 1819(d)(3) of the Social Security Act ( 42 U.S.C. 1395i–3(d)(3) (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and moving such clauses 2 ems to the right; (B) by striking environment.— environment.— (A) In general A skilled nursing facility must— ; and (C) by adding at the end the following new subparagraph: (B) Application statement For purposes of carrying out this paragraph, the Secretary shall apply by reference the provisions of section 483.80 of title 42, Code of Federal Regulations (as in effect on the date of the enactment of the Promoting Restoration of Emergency Preparedness and Advancing Response to Epidemics in Long-Term Care Act (i) any reference to COVID–19 shall be treated as a reference to an infectious disease outbreak, as defined in subparagraph (C); and (ii) any reference to ventilator capacity shall be treated as a reference to medical equipment and supplies critical to the infectious disease outbreak, including ventilator capacity. (C) Infectious disease outbreak defined For purposes of subparagraph (B), the term infectious disease outbreak (i) COVID– 19 The emergency period described in section 1135(g)(1)(B). (ii) Other infectious disease outbreak periods (I) The period beginning on the date a nationwide emergency related to a public health emergency is declared by the President pursuant to the National Emergencies Act or the Robert T. Stafford Disaster Relief and Emergency Assistance Act and ending on the date that is 6 months after the date on which the declaration pursuant to the Stafford Act, a Major Disaster Declaration, or the National Emergencies Act, as applicable, ends, whichever is the latest. (II) The period during which there exists a public health emergency related to an infectious disease outbreak declared by the Secretary pursuant to section 319 of the Public Health Service Act. (III) With respect to a skilled nursing facility in a State with respect to which the Governor has declared an emergency or major disaster (as defined by the State) with respect to an infectious disease outbreak, the period for which such declaration is in effect with respect to such State. . (2) Medicaid Section 1919(d)(3) of the Social Security Act ( 42 U.S.C. 1396r(d)(3) (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and moving such clauses 2 ems to the right; (B) by striking environment.— environment.— (A) In general A nursing facility must— ; and (C) by adding at the end the following new subparagraph: (B) Application statement For purposes of carrying out this paragraph, the Secretary shall apply by reference the provisions of section 483.80 of title 42, Code of Federal Regulations (as in effect on the date of the enactment of the Promoting Restoration of Emergency Preparedness and Advancing Response to Epidemics in Long-Term Care Act (i) any reference to COVID–19 shall be treated as a reference to an infectious disease outbreak, as defined in subparagraph (C); and (ii) any reference to ventilator capacity shall be treated as a reference to medical equipment and supplies critical to the infectious disease outbreak, including ventilator capacity. (C) Infectious disease outbreak defined The term infectious disease outbreak . (b) Emergency preparedness regulations (1) Medicare Section 1819(d) of such Act ( 42 U.S.C. 1395i–3(d) (5) Emergency preparedness A skilled nursing facility shall meet the requirements applicable to skilled nursing facilities under the provisions of section 483.73 of title 42, Code of Federal Regulations (as in effect on the date of the enactment of the Promoting Restoration of Emergency Preparedness and Advancing Response to Epidemics in Long-Term Care Act . (2) Medicaid Section 1919(d) of such Act ( 42 U.S.C. 1396r(d) (5) Emergency preparedness A nursing facility shall meet the requirements applicable to nursing facilities under the provisions of section 483.73 of title 42, Code of Federal Regulations (as in effect on the date of the enactment of the Promoting Restoration of Emergency Preparedness and Advancing Response to Epidemics in Long-Term Care Act . (c) Requirement To issue guidance Not later than 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue guidance to carry out the amendments made by this section. (d) Public availability of data on deficiencies in infection control and direct care staffing in skilled nursing facilities Not later than 2 weeks after the beginning of a period of an infectious disease outbreak (as defined in subparagraph (C) of subsection (d)(3) of section 1819 of the Social Security Act ( 42 U.S.C. 1395i–3 42 U.S.C. 1320b–5(g)(1)(B) 3. Prohibition on reducing frequency of standard surveys (a) Medicare Section 1819(g)(2)(A)(iii) of such Act ( 42 U.S.C. 1395i–3(g)(2)(A)(iii) (III) Prohibition on reducing frequency of surveys conducted during an infectious disease outbreak The Secretary shall not reduce the frequency of surveys conducted under this section during an infectious disease outbreak (as defined in subsection (d)(3)(C)). . (b) Medicaid Section 1919(g)(2)(A)(iii) of such Act ( 42 U.S.C. 1396r(g)(2)(A)(iii) (I) Prohibition on reducing frequency of surveys conducted during an infectious disease outbreak The Secretary shall not reduce the frequency of surveys conducted under this section during an infectious disease outbreak (as defined in section 1819(d)(3)(C)). . 4. Prohibition on waiving submissions of direct care staffing information Section 1128I(g) of the Social Security Act (42 U.S.C. 1320a–7j(g)) is amended— (1) in paragraph (3), by striking and (2) in paragraph (4), by striking the period and inserting ; and (3) by inserting after paragraph (4) the following new paragraph: (5) shall be submitted not less frequently than quarterly, on a schedule specified by the Secretary. ; and (4) by adding at the end the following new sentence: The Secretary shall not waive the requirements of this subsection in the case of an infectious disease outbreak (as defined in section 1819(d)(3)(C)). 5. GAO study and report Not later than one year after the end of the COVID–19 emergency period (as described in section 1135(g)(1)(B) of the Social Security Act ( 42 U.S.C. 1320b–5(g)(1)(B) 42 U.S.C. 1395i–3(a) 6. Effective date The amendments made by this Act shall apply with respect to skilled nursing facilities and nursing facilities beginning on the date of the enactment of this Act.

Summary: Promoting Restoration of Emergency Preparedness and Advancing Response to Epidemics in Long-Term Care Act or the PREPARE LTC Act This bill provides statutory authority for certain infection control and emergency preparedness requirements for Medicare skilled nursing facilities and Medicaid nursing facilities, and expands certain requirements to apply to other infectious disease outbreaks beyond COVID-19 (i.e., coronavirus disease 2019). Specifically, the bill provides statutory authority for regulations that require, and set standards for, infection control programs and emergency preparedness programs in such facilities. The bill requires facilities to report information concerning any infectious disease outbreak that results in a state or national emergency in accordance with the standards for COVID-19 reporting. It also prohibits the Centers for Medicare & Medicaid Services from reducing the frequency of compliance surveys or waiving direct care staffing reports during such outbreaks. Additionally, the Government Accountability Office must report on deficiencies relating to COVID-19 infection control and direct care staffing requirements for skilled nursing facilities.