ACCESS Act

To increase the ability of nursing facilities to access telehealth services and obtain technologies to allow virtual visits during the public health emergency relating to an outbreak of coronavirus disease 2019 (COVID–19), and for other purposes. 1. Short title This Act may be cited as the Advancing Connectivity during the Coronavirus to Ensure Support for Seniors Act ACCESS Act I Supplemental appropriations 101. Supplemental appropriations The following sums are hereby appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2020, and for other purposes, namely: Department of Health and Human Services Health resources and services administration rural health For an additional amount for the Telehealth Resource Center of the Federal Office of Rural Health Policy of the Office for the Advancement of Telehealth, to provide assistance with respect to technical, legal, regulatory service delivery or other related barriers to the development of telehealth technologies for skilled nursing facilities (as defined in section 1819 of the Social Security Act) and nursing facilities (as defined in section 1919 of such Act), $50,000,000 to remain available through September 30, 2021. II Increased Access to Telehealth Services and Other Technologies 201. Definitions In this title: (1) COVID–19 public health emergency period The term COVID–19 public health emergency period 42 U.S.C. 1320b–5(g) (2) Medicaid program The term Medicaid program 42 U.S.C. 1396 42 U.S.C. 1315 (3) Medicare The term Medicare (4) Nursing facility The term nursing facility 42 U.S.C. 1396r(a) (5) Secretary The term Secretary (6) Skilled nursing facility The term skilled nursing facility 42 U.S.C. 1395i–3(a) (7) State The term State 42 U.S.C. 1396 202. Identification of barriers to nursing facilities accessing telehealth services under Medicare and Medicaid during the COVID–19 public health emergency (a) Congressional briefing Not later than 15 days after the date of enactment of this Act, the Secretary shall brief the congressional committees specified in subsection (c) on options for immediately increasing access during the COVID–19 public health emergency period to telehealth services for which payment is available under Medicare for skilled nursing facilities and under Medicaid for nursing facilities. The briefing shall also include— (1) information regarding the extent to which access to telehealth services is required for any facilities that are temporarily designated during the COVID–19 public health emergency period as participating providers under Medicare, Medicaid, or both, for purposes of furnishing skilled nursing services or nursing facility services to individuals who are eligible for such services under Medicare or Medicaid; and (2) recommendations for such administrative and legislative actions, including with respect to funding, as the Secretary determines are necessary. (b) Report The Secretary shall submit a report to the congressional committees specified in subsection (c) after the briefing required under subsection (a) occurs that includes a summary of the briefing, any new or additional information requested during such briefing, and such other information as the Secretary determines appropriate. (c) Congressional committees specified The congressional committees specified in this subsection are the following: (1) The Committees on Energy and Commerce and Ways and Means of the House of Representatives. (2) The Committees on Finance, Health, Education, Labor, and Pensions, Commerce, Science, and Transportation, and the Special Committee on Aging of the Senate. 203. Authority to award grants to nursing facilities for supporting virtual visits during the COVID–19 public health emergency (a) In general The Secretary shall award grants directly to skilled nursing facilities and nursing facilities in accordance with this section to support virtual visits by family members and other individuals for residents of such facilities during the COVID–19 public health emergency period. (b) Coordination The Secretary shall coordinate with the Federal Communications Commission to ensure that all facilities awarded a grant under this section are able to carry out the purposes described in subsection (d), including through the provision of telecommunications and broadband services necessary to support virtual visits described in subsection (a). (c) Application requirements A facility seeking a grant under this section shall submit an application to the Secretary at such time, in such form and manner, and containing such information as the Secretary shall require. (d) Use of funds A facility awarded a grant under this section may only use the funds for expenditures attributable to obtaining and using— (1) technologies to support virtual visits described in subsection (a); and (2) any other items or services necessary to carry out such visits. (e) Limitations (1) Termination of authority The Secretary shall not award any grants under this section after the end of the COVID–19 public health emergency period. (2) Supplement, not supplant Federal funds paid to a skilled nursing facility or a nursing facility pursuant to this section must be used to supplement, but not supplant, any other Federal, State, or local funds available to the facility that may be used for a purpose specified in subsection (d). (f) Guidance Not later than 15 days after the date of the enactment of this Act, the Secretary shall issue guidance on steps facilities awarded grants under this section shall take to ensure residents of such facilities have access to virtual visitation during the COVID–19 public health emergency period and how such access shall be facilitated by such facilities. Such guidance shall include options for how such facilities will ensure notification of residents and resident representatives of such virtual visitation access and facilitation, address how adequate support will be provided to residents to facilitate virtual visitation, address how facilities will ensure or enable installation and access to a device purchased for the use or benefit of individual or multiple facility residents, and address operational issues and avoid unnecessary barriers to timely deployment of virtual visitation. (g) Report Not later than 30 days after the end of the COVID–19 public health emergency period, the Secretary shall submit a report to Congress on the grants awarded under this section. (h) Appropriation There are appropriated to the Secretary for fiscal year 2020, from any funds in the Treasury not otherwise appropriated, such sums as are necessary to carry out this section, to remain available through the last day of the month following the month in which the COVID–19 public health emergency period ends. III Miscellaneous 301. Emergency designation (a) In general The amounts provided by this Act 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) (b) Designation in Senate In the Senate, this Act 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.

Summary: Advancing Connectivity during the Coronavirus to Ensure Support for Seniors Act or the ACCESS Act This bill (1) provides appropriations for the Telehealth Resource Center Program of the Office for the Advancement of Telehealth within the Federal Office of Rural Health Policy in the Health Resources Services Administration (HRSA) to develop telehealth capacity for certain nursing facilities, and (2) directs other activities to increase access to telehealth services in such facilities during the COVID-19 (i.e., coronavirus disease 2019) public health emergency. HRSA shall award grants, in coordination with the Federal Communications Commission, to skilled nursing facilities and other nursing facilities to support virtual visits to residents during the emergency. The Department of Health and Human Services must also provide recommendations related to immediately increasing access, during the emergency, to telehealth services for which Medicare and Medicaid payments are available in skilled and other nursing facilities.