I 
116TH CONGRESS 
2D SESSION 
H. R. 8568 
To amend title XVIII and title XIX of the Social Security Act to codify 
certain infection control and emergency preparedness regulations, to pro-
hibit a reduction in the frequency of surveys of skilled nursing facilities 
and nursing facilities, to prohibit the waiver of certain reporting require-
ments, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 9, 2020 
Mr. PASCRELL (for himself, Ms. SHERRILL, Mrs. WATSON COLEMAN, Mr. 
BEYER, Mr. PAYNE, Mr. DOGGETT, Ms. SHALALA, Ms. JUDY CHU of 
California, and Mr. KILDEE) introduced the following bill; which was re-
ferred to the Committee on Ways and Means, and in addition to the 
Committee on Energy and Commerce, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To amend title XVIII and title 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, to prohibit the waiver of certain report-
ing requirements, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 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’’ or the ‘‘PREPARE 
LTC Act’’. 
SEC. 2. CODIFYING INFECTION CONTROL AND EMERGENCY 
PREPAREDNESS REGULATIONS FOR SKILLED 
NURSING FACILITIES AND NURSING FACILI-
TIES AS A REQUIREMENT FOR PARTICIPA-
TION UNDER THE MEDICARE AND MEDICAID 
PROGRAMS. 
(a) INFECTION CONTROL REGULATIONS.— 
(1) MEDICARE.—Section 1819(d)(3) of the So-
cial Security Act (42 U.S.C. 1395i–3(d)(3)) is 
amended— 
(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.— A 
skilled nursing facility must—’’ and inserting 
‘‘ENVIRONMENT.— 
‘‘(A) IN GENERAL.—A skilled nursing fa-
cility must—’’; and 
(C) by adding at the end the following new 
subparagraph: 
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‘‘(B) APPLICATION STATEMENT.—For pur-
poses of carrying out this paragraph, the Sec-
retary shall apply by reference the provisions of 
section 483.80 of title 42, Code of Federal Reg-
ulations (as in effect on the date of the enact-
ment of the Promoting Restoration of Emer-
gency Preparedness and Advancing Response to 
Epidemics in Long-Term Care Act), except in 
applying subsection (g) of such regulation— 
‘‘(i) any reference to COVID-19 shall 
be treated as a reference to an infectious 
disease outbreak, as defined in subpara-
graph (C); and 
‘‘(ii) any reference to ventilator capac-
ity shall be treated as a reference to med-
ical equipment and supplies critical to the 
infectious disease outbreak, including ven-
tilator capacity. 
‘‘(C) INFECTIOUS DISEASE OUTBREAK DE-
FINED.—For purposes of subparagraph (B), 
the term ‘infectious disease outbreak’ means 
any of the following periods: 
‘‘(i) COVID-19 EMERGENCY PERIOD.— 
The emergency period described in section 
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1135(g)(1)(B) of the Social Security Act 
(42 U.S.C. 1320b–5(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 de-
clared pursuant to the Stafford Act, a 
Major Disaster Declaration, or the 
National Emergencies Act and ending 
on the date that is 6 months after the 
date on which the declaration pursu-
ant to the Stafford Act, a Major Dis-
aster 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 out-
break declared by the Secretary pur-
suant 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 
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