I 
116TH CONGRESS 
2D SESSION 
H. R. 8245 
To authorize the Secretary of Health and Human Services to make payments 
to hospitals in COVID–19 hot spots to provide hero pay to eligible 
workers, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 14, 2020 
Mr. RUPPERSBERGER introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees 
on Education and Labor, and Ways and Means, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To authorize the Secretary of Health and Human Services 
to make payments to hospitals in COVID–19 hot spots 
to provide hero pay to eligible workers, 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 Dr. Joseph Costa 
Honoring Essential Americans Risking Their Safety Act 
of 2020’’. 
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SEC. 2. HERO PAY FOR ELIGIBLE WORKERS AT HOSPITALS 
IN COVID–19 HOT SPOTS. 
(a) HERO PAYMENTS.— 
(1) IN GENERAL.—Subject to the availability of 
appropriations, the Secretary of Health and Human 
Services (in this section referred to as the ‘‘Sec-
retary’’) shall make a payment to each eligible hos-
pital to provide hero pay to each eligible worker of 
the hospital. 
(2) ELIGIBLE
HOSPITALS.—To be eligible to 
seek a payment under this section, a hospital shall— 
(A) be located in an area that is or was a 
COVID–19 hot spot identified pursuant to sub-
section (b); and 
(B) submit an application at such time, in 
such manner, and containing such information 
and assurances as the Secretary may require. 
(3) ELIGIBLE WORKERS.—To be eligible to re-
ceive hero pay pursuant to this section, a worker 
shall— 
(A) be a health care professional (including 
individuals charged with assisting in health care 
services, the nonmedical care of patients, or 
maintaining order and cleanliness) serving as 
the employee or agent of a hospital receiving a 
payment under this section; and 
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(B) provide treatment or other applicable 
services at the hospital directly to patients with 
COVID–19. 
(4) PAYMENT PERIOD.—A hospital receiving a 
payment under this section may provide hero pay to 
a worker under this section only with respect to 
months during which— 
(A) the hospital is located, for any number 
of days, in a COVID–19 hot spot identified 
pursuant to subsection (b); and 
(B) the worker provides treatment or other 
applicable services, as described in paragraph 
(3), for a minimum of 10 work days. 
(5) PAYMENT
AMOUNT.—The amount of the 
hero pay with respect to an eligible worker shall 
be— 
(A) $110 for March, 2020, if the payment 
period for such worker includes such month; 
and 
(B) $225 for any other applicable month. 
(6) EXCLUSION
FROM
GROSS
INCOME.—For 
purposes of the Internal Revenue Code of 1986, 
gross income shall not include hero pay under this 
section. 
(b) IDENTIFICATION OF HOT SPOTS.— 
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(1) IN GENERAL.—For purposes of this section, 
the Director of the Centers for Disease Control and 
Prevention (in this section referred to as the ‘‘Direc-
tor’’) shall identify all COVID–19 hot spots in the 
United States. 
(2) DEFINITION.—In this section, the term 
‘‘COVID–19 hot spot’’ means an area— 
(A) for which a State declaration of emer-
gency is in effect in connection with COVID– 
19; and 
(B) that has, as determined by the Direc-
tor, a high rate of hospitalization associated 
with COVID–19. 
SEC. 3. VOLUNTARY REGISTRY OF CERTAIN INDIVIDUALS 
WHO WORK AT HIGH RISK DURING COVID–19 
PANDEMIC. 
(a) REGISTRY OF EMPLOYEES AT RISK OF COVID– 
19.—Beginning not later than 180 days after the date of 
the enactment of this Act, acting through the Director of 
the National Institute for Occupational Safety and Health 
shall maintain a registry of individuals who worked, dur-
ing the emergency period, as a physician, nurse, or non- 
physician health care specialist in a hospital or COVID– 
19 alternative care site. 
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(b) CONSENT REQUIRED FOR INCLUSION.—The Di-
rector shall— 
(1) include an individual in the registry under 
this section only with the individual’s consent; and 
(2) allow individuals in the registry, at any 
time, to opt out of the registry under this section 
and health monitoring under subsection (d). 
(c) GRANTS TO STATES.—The Director may award 
grants to States to encourage and facilitate the inclusion 
of eligible individuals in the registry under this section. 
(d) HEALTH MONITORING.— 
(1) IN
GENERAL.—Beginning not later than 
180 days after the date of the enactment of this Act, 
the Director shall monitor the health of the individ-
uals in the registry under this section who, at some 
point during or after the emergency period, tested 
positive through diagnostic or serological testing for 
a present or past infection with the virus that causes 
COVID–19. 
(2) DURATION.—Subject to subsection (b)(2), 
in carrying out monitoring under paragraph (1), the 
Director shall, with respect to each individual in the 
registry under this section, conduct such monitoring 
for the lifetime of the individual. 
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(e) PRIVACY REQUIREMENTS.—The data collection 
and analysis necessary for the registry under this section 
and monitoring under subsection (d) shall be conducted 
and maintained in a manner that protects the confiden-
tiality of individually identifiable health information con-
sistent with applicable statutes and regulations, including, 
as applicable, HIPAA privacy and security law (as defined 
in section 3009(a)(2) of the Public Health Service Act (42 
U.S.C. 300jj–19(a)(2)) and section 552a of title 5, United 
States Code. 
(f) AVAILABILITY FOR RESEARCH.—Subject to sub-
section (e), in addition to using the registry under this 
subsection for health monitoring under subsection (d), the 
Director shall make the information in the registry avail-
able to researchers for public health research. 
(g) PRELIMINARY REPORT.—Not later than 180 days 
after the date of the enactment of this Act, the Director 
shall submit to Congress a preliminary report on overall 
health outcomes of individuals in the registry under sub-
section (a), including— 
(1) recommendations on best practices for pro-
tecting workers described in subsection (a) during 
the COVID–19 pandemic; and 
(2) recommendations on how to compensate in-
dividuals in the registry under subsection (a) for 
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