I 
116TH CONGRESS 
2D SESSION 
H. R. 9031 
To amend title XVIII and XIX of the Social Security to require home 
health agencies to provide personal protective equipment to workers and 
submit related reports, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 18, 2020 
Ms. MOORE 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 amend title XVIII and XIX of the Social Security to 
require home health agencies to provide personal protec-
tive equipment to workers and submit related reports, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Personal Protective 
Equipment for Home Health Care Workers Act of 2020’’. 
VerDate Sep 11 2014 
02:39 Jan 05, 2021
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H9031.IH
H9031
SSpencer on DSK126QN23PROD with BILLS
SEC. 2. REQUIREMENTS FOR HOME HEALTH AGENCIES TO 
PROVIDE 
PERSONAL 
PROTECTIVE 
EQUIP-
MENT TO WORKERS AND SUBMIT RELATED 
REPORTS. 
(a) UNDER
THE
MEDICARE
PROGRAM.—Section 
1895 of the Social Security Act (42 U.S.C. 1395fff) is 
amended by adding at the end the following new sub-
section: 
‘‘(f) REQUIREMENTS FOR PERSONAL PROTECTIVE 
EQUIPMENT.— 
‘‘(1) IN
GENERAL.—With respect to home 
health services furnished during the period begin-
ning on the date of the enactment of this subsection 
and ending on the last day of the emergency period 
described in section 1135(g)(1)(B) by a home health 
agency— 
‘‘(A) no claim for such a service may be 
paid under this title, unless the home health 
agency— 
‘‘(i) attests to the Secretary it has 
provided or will provide personal protective 
equipment to individuals working for the 
agency at no cost to the individual during 
such period; and 
‘‘(ii) so provides personal protective 
equipment to individuals working for the 
VerDate Sep 11 2014 
02:39 Jan 05, 2021
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H9031.IH
H9031
SSpencer on DSK126QN23PROD with BILLS
emergency period described in section 1135(g)(1)(B) 
by a home health agency— 
‘‘(A) unless the home health agency— 
‘‘(i) attests to the Secretary it has 
provided or will provide personal protective 
equipment to individuals working for the 
agency at no cost to the individual during 
such period; and 
‘‘(ii) so provides personal protective 
equipment to individuals working for the 
agency at no cost to the individual during 
such period; and 
‘‘(B) for home health services furnished by 
a home health agency in the case the Secretary 
finds the home health agency is not in compli-
ance with clauses (i) and (ii) of subparagraph 
(A) for the period that— 
‘‘(i) begins on the first day of such 
noncompliance; and 
‘‘(ii) ending on the earlier of— 
‘‘(I) the last day of the 60-day 
period after the home health agency is 
in compliance with such subpara-
graphs; or 
VerDate Sep 11 2014 
02:39 Jan 05, 2021
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H9031.IH
H9031
SSpencer on DSK126QN23PROD with BILLS
‘‘(II) the day that is 10 days 
after the last day of the emergency 
period 
described 
in 
section 
1135(g)(1)(B); or 
‘‘(29) for home health services furnished by a 
home health agency, unless the home health agency 
submits to the Secretary— 
‘‘(A) not later than 45 days after the date 
of the enactment of this paragraph, an initial 
report that specifies the number of deaths of in-
dividuals working for the agency during the pe-
riod beginning on the first date of the emer-
gency period described in section 1135(g)(1)(B) 
and ending on the date such report is sub-
mitted, disaggregated by week; and 
‘‘(B) reports to be submitted on a schedule 
to be determined by the Secretary that specify 
the number of deaths of individuals working for 
the agency during the preceding 7-day period 
through the last day of such emergency pe-
riod.’’. 
(c) UNDER THE PUBLIC HEALTH AND SOCIAL SERV-
ICES EMERGENCY FUND.—Any home health agency (as 
defined in section 1861(o) of the Social Security Act (42 
U.S.C. 1395x(o)) that has received funding under the 
VerDate Sep 11 2014 
02:39 Jan 05, 2021
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H9031.IH
H9031
SSpencer on DSK126QN23PROD with BILLS
‘‘PUBLIC HEALTH AND SOCIAL SERVICES EMER-
GENCY FUND’’ pursuant to title VIII of division B of 
the Coronavirus Aid, Relief, and Economic Security Act 
(Public Law 116–136) or the first paragraph of title I 
of division B of the Paycheck Protection Program and 
Health Care Enhancement Act (Public Law 116–139) be-
fore the date of the enactment of this Act and does not 
comply with the requirements described in clauses (i) and 
(ii) of paragraph (1)(A) and paragraph (2) of section 
1895(f) of the Social Security Act (42 U.S.C. 1395fff(f)) 
may not receive any additional funding under the ‘‘PUB-
LIC HEALTH AND SOCIAL SERVICES EMER-
GENCY FUND’’ until the date that the home health 
agency is in compliance with such requirements. 
(d) PUBLICLY AVAILABLE REPORTS.— 
(1) IN GENERAL.—Subject to paragraph (2), 
the Secretary of Health and Human Services shall 
make the reports required under sections 1895(f)(2) 
and 1903(i)(29) of the Social Security Act (42 
U.S.C. 1395fff(f)(2); 1396b(i)(29)) and information 
contained therein available to the public on the 
Internet website of the Centers for Medicare & Med-
icaid Services in a searchable format. 
(2) HIPAA COMPLIANT
INFORMATION
ONLY; 
PRIVACY
FOR
INDIVIDUAL
WORKERS.—The Sec-
VerDate Sep 11 2014 
02:39 Jan 05, 2021
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H9031.IH
H9031
SSpencer on DSK126QN23PROD with BILLS
retary may only make available the information de-
scribed in paragraph (1) to the extent permitted 
under the Federal regulations (concerning the pri-
vacy of individually identifiable health information) 
promulgated under section 264(c) of the Health In-
surance Portability and Accountability Act of 1996 
and that prevents the identification of individual 
workers. 
Æ 
VerDate Sep 11 2014 
02:39 Jan 05, 2021
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6301
E:\BILLS\H9031.IH
H9031
SSpencer on DSK126QN23PROD with BILLS