I 
116TH CONGRESS 
2D SESSION 
H. R. 7546 
To direct the Secretary of Health and Human Services to ensure that minority 
and medically underserved communities have meaningful and immediate 
access to public health interventions and medically necessary health care 
services during the COVID–19 pandemic, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 9, 2020 
Mr. LEWIS introduced the following bill; which was referred to the Committee 
on Energy and Commerce, and in addition to the Committee on Ways 
and Means, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To direct the Secretary of Health and Human Services to 
ensure that minority and medically underserved commu-
nities have meaningful and immediate access to public 
health interventions and medically necessary health care 
services during the COVID–19 pandemic, 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Minority Community Public Health Emergency Response 
Act of 2020’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—RAPID RESPONSE GRANT PROGRAM 
Sec. 101. Rapid response grant program. 
TITLE II—EQUALITY IN MEDICARE AND MEDICAID TREATMENT 
Sec. 201. Improving access to care for Medicare and Medicaid beneficiaries. 
TITLE I—RAPID RESPONSE 
GRANT PROGRAM 
SEC. 101. RAPID RESPONSE GRANT PROGRAM. 
Title XXVIII of the Public Health Service Act (42 
U.S.C. 300hh et seq.) is amended by adding at the end 
the following new subtitle: 
‘‘Subtitle D—Rapid Response 
‘‘SEC. 2831. RAPID RESPONSE GRANT PROGRAM. 
‘‘(a) ESTABLISHMENT OF PROGRAM.—The Secretary 
of Health and Human Services shall award grants to eligi-
ble entities described in subsection (b) for COVID–19 pre-
paredness and response efforts. 
‘‘(b) ELIGIBLE ENTITIES.—To be eligible to receive 
a grant under this section, an entity shall be a qualified 
government entity seeking a grant for a qualified commu-
nity within its jurisdiction that— 
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‘‘(1) is, or contains, a medically underserved 
community; and 
‘‘(2) has a percentage of COVID–19 cases, hos-
pitalizations, or deaths for any racial and ethnic mi-
nority group that is greater than the percentage of 
such cases in the State or county in which the com-
munity is located. 
‘‘(c) APPLICATION.—To be eligible for a grant under 
this section, an eligible entity shall submit to the Secretary 
an application at such time, in such form, and containing 
such information as the Secretary determines appropriate, 
including— 
‘‘(1) documentation that the entity is an eligible 
entity; 
‘‘(2) a plan for carrying out the activities de-
scribed in subsection (f) with amounts received 
under this section; 
‘‘(3) an oversight plan for tracking and security 
of resources and supplies; and 
‘‘(4) a schedule for resource expenditure and re-
sponse readiness. 
‘‘(d) CERTIFICATION.—Prior to awarding a grant 
under this section, the Secretary shall obtain a certifi-
cation from the Deputy Assistant Secretary for Minority 
Health, the Deputy Assistant Secretary for Women’s 
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Health, and the Director of the Office of Rural Health 
Policy that the application involved addresses health dis-
parities and social determinants of health as appropriate 
for populations to be cared for through the grant. 
‘‘(e) PRIORITY.—In making grants under this sec-
tion, the Secretary shall give priority to eligible entities 
that are local governments and county health depart-
ments. 
‘‘(f) GRANT USES.—A recipient of a grant under this 
section may use grant funds with respect to COVID–19 
preparedness and rapid response efforts for any of the fol-
lowing: 
‘‘(1) Purchasing medical supplies. 
‘‘(2) Providing nutrition assistance. 
‘‘(3) Warehousing stockpiled supplies, including 
rent and security costs. 
‘‘(4) Constructing and operating testing sites. 
‘‘(5) Providing quarantine housing. 
‘‘(6) Providing public education related to the 
pandemic, including misinformation response. 
‘‘(7) Contact tracing. 
‘‘(8) Providing vaccinations. 
‘‘(9) Distributing, dispensing, and admin-
istering antiviral medications. 
‘‘(10) Providing community mitigation. 
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‘‘SEC. 2833. COMMUNITY INFECTIOUS DISEASE HEALTH 
SERVICES PLANNING COUNCIL. 
‘‘(a) ESTABLISHMENT.—To be eligible for assistance 
under this subtitle, the chief elected official of the qualified 
government entity applying for such assistance shall es-
tablish or designate a COVID–19/infectious disease health 
services planning council (in this section referred to as a 
‘COVID–19/infectious disease health services planning 
council’) that shall reflect in its composition the demo-
graphics of the populations of individuals with COVID– 
19 and other infectious diseases in the qualified commu-
nity involved, with particular consideration given to dis-
proportionately affected and historically underserved 
groups and subpopulations. 
‘‘(b) SELECTION CRITERIA.—Nominations for mem-
bership on a COVID–19/infectious disease health services 
planning council shall be identified through an open proc-
ess and candidates shall be selected based on locally delin-
eated and publicized criteria. Such criteria shall include 
a conflict-of-interest standard that is in accordance with 
subsection (f). 
‘‘(c) REPRESENTATION.—A COVID–19/infectious 
disease health services planning council— 
‘‘(1) shall include representatives of— 
‘‘(A) health care providers, including feder-
ally qualified health centers; 
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‘‘(B) community-based organizations serv-
ing affected populations and AIDS service orga-
nizations; 
‘‘(C) social service providers, including pro-
viders of housing and homeless services; 
‘‘(D) mental health and substance abuse 
providers; 
‘‘(E) local public health agencies; 
‘‘(F) hospital planning agencies or health 
care planning agencies; 
‘‘(G) affected communities, including— 
‘‘(i) individuals with COVID–19 or 
another infectious disease designated by 
the council as having a disproportionate ef-
fect on a racial and ethnic minority group; 
‘‘(ii) members of a federally recog-
nized Indian Tribe as represented in the 
affected communities; and 
‘‘(iii) historically underserved groups 
and subpopulations; 
‘‘(H) nonelected community leaders; 
‘‘(I) State government (including the State 
Medicaid agency); 
‘‘(J) grantees under this subtitle, or, if 
none are operating in the area, representatives 
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of organizations with a history of serving chil-
dren, youth, women, and families living with 
COVID–19 or other infectious diseases and op-
erating in the area; 
‘‘(K) grantees who receive funding from 
other Federal COVID–19 or other infectious 
disease programs; and 
‘‘(L) representatives of individuals who for-
merly were Federal, State, or local prisoners, 
were released from the custody of the penal sys-
tem during the preceding 3 years, and had 
COVID–19 or another infectious disease as of 
the date on which the individuals were so re-
leased; and 
‘‘(2) to the extent possible, shall include individ-
uals who have had COVID–19. 
‘‘(d) METHOD OF PROVIDING FOR COUNCIL.— 
‘‘(1) IN GENERAL.—In providing for a council 
for purposes of subsection (a), a chief elected official 
of a qualified government entity receiving a grant 
under this subtitle may establish the council directly 
or designate an existing entity to serve as the coun-
cil, subject to paragraph (2). 
‘‘(2) CONSIDERATION REGARDING DESIGNATION 
OF COUNCIL.—In making a determination of wheth-
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er to establish or designate a council under para-
graph (1), a chief elected official of a qualified gov-
ernment entity receiving a grant under this subtitle 
shall give priority to the designation of an existing 
entity that has demonstrated experience in planning 
for the COVID–19 and other infectious diseases 
health care service needs within the qualified com-
munity and in the implementation of such plans in 
addressing those needs. Any existing entity so des-
ignated shall be expanded to include a broad rep-
resentation of the full range of entities that provide 
such services within the geographic area to be 
served. 
‘‘(e) 
DUTIES.—A 
COVID–19/infectious 
disease 
health services planning council shall— 
‘‘(1) determine the size and demographics of 
the population of individuals who have or had 
COVID–19 or other infectious disease, as well as the 
size and demographics of the estimated population 
of individuals with COVID–19 or other infectious 
disease who are unaware of their COVID–19 or 
other infectious disease status; 
‘‘(2) determine the needs of such population, 
with particular attention to— 
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‘‘(A) individuals who have or had COVID– 
19 or other infectious disease and are not re-
ceiving health care with respect to COVID–19 
or such disease; 
‘‘(B) disparities in access and services 
among affected subpopulations and historically 
underserved communities; and 
‘‘(C) individuals who are unaware that 
such individual has or had COVID–19 or other 
infectious disease; 
‘‘(3) establish priorities for the allocation of 
funds within the qualified community, including how 
best to meet each such priority and additional fac-
tors that a grantee should consider in allocating 
funds under a grant based on the— 
‘‘(A) size and demographics of the popu-
lation of individuals who have or had COVID– 
19 (as determined under paragraph (1)) or 
other infectious disease and the needs of such 
population (as determined under paragraph 
(2)); 
‘‘(B) demonstrated (or probable) cost ef-
fectiveness and outcome effectiveness of pro-
posed strategies and interventions, to the extent 
that data are reasonably available; 
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‘‘(C) priorities of the communities of indi-
viduals who have or had COVID–19 or other 
infectious disease for whom the services are in-
tended; 
‘‘(D) availability of other governmental 
and nongovernmental resources, including the 
State Medicaid plan under title XIX of the So-
cial Security Act and the State Children’s 
Health Insurance Program under title XXI of 
such Act to cover health care costs of eligible 
individuals 
and 
families 
with 
respect 
to 
COVID–19 or other infectious disease; and 
‘‘(E) capacity development needs resulting 
from disparities in the availability of COVID– 
19 or other infectious disease-related services in 
historically underserved communities; 
‘‘(4) develop a comprehensive plan for the orga-
nization and delivery of health and support services 
described in section 2831 that— 
‘‘(A) includes a strategy for identifying in-
dividuals who have or had COVID–19 or other 
infectious disease and for informing the individ-
uals of and enabling the individuals to utilize 
the services, giving particular attention to elimi-
nating disparities in access and services among 
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and services among affected subpopulations and 
historically underserved communities; 
‘‘(5) assess the efficiency of the administrative 
mechanism in rapidly allocating funds to the areas 
of greatest need within the qualified community, and 
at the discretion of a COVID–19/infectious disease 
health services planning council, assess the effective-
ness, either directly or through contractual arrange-
ments, of the services offered in meeting the identi-
fied needs; 
‘‘(6) establish methods for obtaining input on 
community needs and priorities which may include 
public meetings (in accordance with subsection (h)), 
conducting focus groups, and convening ad-hoc pan-
els; and 
‘‘(7) coordinate with Federal grantees that pro-
vide COVID–19 or other infectious disease-related 
services in the qualified community. 
‘‘(f) CONFLICTS OF INTEREST.— 
‘‘(1) IN
GENERAL.—A COVID–19/infectious 
disease health services planning council may not be 
directly involved in the administration of a grant 
under this subtitle. With respect to compliance with 
the preceding sentence, a COVID–19/infectious dis-
ease health services planning council may not des-
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ignate (or otherwise be involved in the selection of) 
particular entities as recipients of any of the 
amounts provided in the grant. 
‘‘(2) REQUIRED AGREEMENTS.—An individual 
may serve on a COVID–19/infectious disease health 
services planning council only if the individual 
agrees that if the individual has a financial interest 
in an entity, if the individual is an employee of a 
public or private entity, or if the individual is a 
member of a public or private organization, and such 
entity or organization is seeking amounts from a 
grant under this subtitle, the individual will not, 
with respect to the purpose for which the entity 
seeks such amounts, participate (directly or in an 
advisory capacity) in the process of selecting entities 
to receive such amounts for such purpose. 
‘‘(3) COMPOSITION OF COUNCIL.—The following 
applies regarding the membership of a COVID–19/ 
infectious disease health services planning council: 
‘‘(A) Not less than 33 percent of the coun-
cil shall be individuals who— 
‘‘(i) are not officers, employees, or 
consultants to any entity that receives 
amounts from such a grant, and do not 
represent any such entity; and 
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‘‘(ii) reflect the demographics of the 
population 
of 
individuals 
who 
have 
COVID–19 or other infectious diseases as 
determined under subsection (e)(1). 
‘‘(B) With respect to membership on a 
COVID–19/infectious disease health services 
planning council, subparagraph (A) may not be 
construed as having any effect on entities that 
receive any Federal funds with respect to 
COVID–19 or other infectious disease but do 
not receive funds from grants under section 
2831, on officers or employees of such entities, 
or on individuals who represent such entities. 
‘‘(g) GRIEVANCE PROCEDURES.—A COVID–19/in-
fectious disease health services planning council shall de-
velop procedures for addressing grievances with respect to 
funding under this subtitle, including procedures for sub-
mitting grievances that cannot be resolved to binding arbi-
tration. Such procedures shall be described in the by-laws 
of a COVID–19/infectious disease health services planning 
council and be consistent with the requirements of sub-
section (c). 
‘‘(h) PUBLIC DELIBERATIONS.—With respect to a 
planning council under subsection (a), the following ap-
plies: 
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‘‘(1) The council may not be chaired solely by 
an employee of the grantee under this subtitle. 
‘‘(2) In accordance with criteria established by 
the Secretary: 
‘‘(A) The meetings of the council shall be 
open to the public and shall be held only after 
adequate notice to the public. 
‘‘(B) The records, reports, transcripts, 
minutes, agenda, or other documents which 
were made available to or prepared for or by 
the council shall be available for public inspec-
tion and copying at a single location. 
‘‘(C) Detailed minutes of each meeting of 
the council shall be kept. The accuracy of all 
minutes shall be certified to by the chair of the 
council. 
‘‘(D) This paragraph does not apply to any 
disclosure of information of a personal nature 
that would constitute a clearly unwarranted in-
vasion of personal privacy, including any disclo-
sure of medical information or personnel mat-
ters. 
‘‘SEC. 2834. DEFINITIONS. 
‘‘In this subtitle: 
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‘‘(1) MEDICALLY UNDERSERVED COMMUNITY.— 
The term ‘medically underserved community’ has the 
meaning given the term in section 799B(6). 
‘‘(2) 
QUALIFIED
COMMUNITY.—The 
term 
‘qualified community’ means either of the following: 
‘‘(A) A political subdivision of a State. 
‘‘(B) A group of political subdivisions of 
one or more States. 
‘‘(3) QUALIFIED
GOVERNMENT
ENTITY.—The 
term ‘qualified government entity’ means any of the 
following: 
‘‘(A) A State. 
‘‘(B) A political subdivision of a State. 
‘‘(C) A group of political subdivisions of 
one or more States. 
‘‘(D) A county health department. 
‘‘(4) RACIAL AND ETHNIC MINORITY GROUP.— 
The term ‘racial and ethnic minority group’ has the 
meaning given the term in section 1707(g). 
‘‘(5) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Health and Human Services. 
‘‘(6) STATE.—The term ‘State’ means each of 
the several States, the District of Columbia, and the 
territories and possessions of the United States. 
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‘‘SEC. 2835. AUTHORIZATION OF APPROPRIATION. 
‘‘There is authorized to be appropriated to carry out 
this subtitle $1,000,000,000, to remain available until ex-
pended.’’. 
TITLE II—EQUALITY IN MEDI-
CARE AND MEDICAID TREAT-
MENT 
SEC. 201. IMPROVING ACCESS TO CARE FOR MEDICARE 
AND MEDICAID BENEFICIARIES. 
Section 1115A of the Social Security Act (42 U.S.C. 
1315a) is amended— 
(1) in subsection (a)(3)— 
(A) by inserting after ‘‘relevant Federal 
agencies,’’ the following: ‘‘including the Office 
of Minority Health of the Centers for Medicare 
& Medicaid Services, the Office of Rural Health 
Policy of the Health Resources and Services 
Administration, and the Office on Women’s 
Health in the Office of the Secretary,’’; and 
(B) by inserting after ‘‘medicine’’ the fol-
lowing: ‘‘, the causes of health disparities and 
social determinants of health,’’; 
(2) in subsection (b)— 
(A) in paragraph (2)— 
(i) in subparagraph (A)— 
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(I) by inserting after the first 
sentence, the following new sentence: 
‘‘Prior to model selection, the Sec-
retary shall consult with the Office of 
Minority Health of the Centers for 
Medicare & Medicaid Services, the 
Federal Office of Rural Health Policy, 
and the Office on Women’s Health to 
ensure that models under consider-
ation address health disparities and 
social determinants of health as ap-
propriate for populations to be cared 
for under the model.’’; 
(II) by inserting ‘‘, as well as im-
proving access to care received by in-
dividuals receiving benefits under such 
title,’’ after ‘‘title’’; and 
(III) by adding at the end the 
following new sentence: ‘‘The models 
selected under this subparagraph shall 
include the social determinants of 
health payment model described in 
subparagraph (D), the testing of 
which shall begin not later than De-
cember 31, 2020.’’; 
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(ii) in subparagraph (C), by adding at 
the end the following new clauses: 
‘‘(ix) Whether the model will affect 
access to care from providers and suppliers 
caring for high-risk patients or operating 
in underserved areas. 
‘‘(x) Whether the model has the po-
tential to produce reductions in minority 
and rural health disparities.’’; and 
(iii) by adding at the end the fol-
lowing new subparagraph: 
‘‘(D) SOCIAL DETERMINANTS OF HEALTH 
PAYMENT MODEL.— 
‘‘(i) IN GENERAL.—The social deter-
minants of health payment model described 
in this subparagraph is a payment model 
that tests each of the payment and service 
delivery innovations described in clause (ii) 
in a region determined appropriate by the 
Secretary. 
‘‘(ii) PAYMENT AND SERVICE DELIV-
ERY INNOVATIONS DESCRIBED.—For pur-
poses of clause (i), the payment and serv-
ice delivery innovations described in this 
clause are the following: 
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‘‘(I) Payment and service delivery 
innovations for behavioral health serv-
ices, focusing on gathering actionable 
data to address the higher costs asso-
ciated with beneficiaries with diag-
nosed behavioral conditions. 
‘‘(II) Payment and service deliv-
ery innovations targeting conditions or 
comorbidities of individuals entitled or 
enrolled under the Medicare program 
under title XVIII and enrolled under 
a State plan under the Medicaid pro-
gram under title XIX to increase ca-
pacity in underserved areas. 
‘‘(III) Payment and service deliv-
ery innovations targeted on Medicaid- 
eligible 
pregnant 
and 
postpartum 
women, up to one year after delivery. 
‘‘(IV) Payment and service deliv-
ery innovations targeted on commu-
nities where a percentage of COVID– 
19 cases, hospitalizations, or deaths 
for any racial or ethnic minority 
group that is greater than the per-
centage of such cases in the State or 
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county in which the community is lo-
cated.’’; and 
(B) in paragraph (4)(A)— 
(i) in clause (i) at the end, by striking 
‘‘and’’; 
(ii) in clause (ii), at the end, by strik-
ing the period and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing new clause: 
‘‘(iii) the extent to which the model 
improves access to care or the extent to 
which the model improves care for high- 
risk patients, patients from racial or ethnic 
minorities, or patients in underserved 
areas.’’; 
(3) in subsection (c)— 
(A) in paragraph (2), by striking at the 
end ‘‘and’’; 
(B) by redesignating paragraph (3) as 
paragraph (4); 
(C) by inserting after paragraph (2) the 
following new paragraph: 
‘‘(3) the Office of Minority Health of the Cen-
ters for Medicare & Medicaid Services certifies that 
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such expansion will not reduce access to care for 
low-income, minority, or rural beneficiaries; and’’; 
(D) in paragraph (4), as redesignated by 
subparagraph (B), by inserting before the pe-
riod at the end the following: ‘‘nor increase 
health disparities experienced by low-income, 
minority, or rural beneficiaries’’; and 
(E) in the matter following paragraph (4), 
as redesignated by subparagraph (B), by insert-
ing ‘‘, improve access to care,’’ after ‘‘care’’; 
and 
(4) in subsection (g)— 
(A) by inserting ‘‘(or, beginning with 2021, 
once every year thereafter)’’ after ‘‘thereafter’’; 
and 
(B) by adding at the end the following new 
sentence: ‘‘For reports for 2021 and each sub-
sequent year, each such report shall include in-
formation on the following: 
‘‘(1) The extent and severity of minority and 
rural health disparities in Medicare and Medicaid 
beneficiaries. 
‘‘(2) The interventions that address social de-
terminants of health in payment models selected by 
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the Center for Medicare and Medicaid Innovation for 
testing. 
‘‘(3) The interventions that address social de-
terminants of health in payment models not selected 
by the Center for Medicare and Medicaid Innovation 
for testing. 
‘‘(4) The effectiveness of interventions in miti-
gating negative health outcomes and higher costs as-
sociated with social determinants of health within 
models selected by the Center for Medicare and 
Medicaid Innovation for testing. 
‘‘(5) Changes in disparities among minorities 
and Medicare and Medicaid beneficiaries in under-
served areas that are attributable to provider and 
supplier participation in a Phase II model. 
‘‘(6) In consultation with the Comptroller Gen-
eral of the United States, estimated Federal savings 
achieved through the reduction of rural and minority 
health disparities. 
‘‘(7) Other areas determined appropriate by the 
Secretary.’’. 
Æ 
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