‘‘(II) The number of deaths re-
lated to COVID–19 among residents 
and staff, including the age and race 
or ethnicity of such residents and 
staff. 
‘‘(III) The total number of 
deaths (without regard to whether a 
death is related to COVID–19) among 
residents and staff. 
‘‘(IV) The amount of personal 
protective equipment available and 
any projected need regarding such 
equipment. 
‘‘(V) Information on staffing lev-
els that would otherwise be required 
to be submitted through the Payroll- 
Based Journal of the Centers for 
Medicare & Medicaid Services. 
‘‘(VI) The number of residents 
and staff who have been tested for 
COVID–19. 
‘‘(ii) In the case that a resident or 
employee is diagnosed with COVID–19 or 
dies as a result of COVID–19, notify all 
residents, legal representatives of residents, 
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and employees not later than 12 hours 
after such diagnosis is made or such death 
occurs. 
‘‘(iii) At any time three or more resi-
dents or employees have newly onset 
COVID–19 symptoms, notify all residents, 
legal representatives of residents, and em-
ployees not later than 72 hours after such 
three or more residents or employees are 
known to the facility. 
‘‘(iv) In the case that a resident or 
employee is suspected to have or is diag-
nosed with COVID–19, post a notice of 
such suspicion or diagnosis at each en-
trance of the facility for the remaining por-
tion of the emergency period described in 
subparagraph (A). 
‘‘(v) For each day of the portion of 
the emergency period described in subpara-
graph (A), post a notice at each entrance 
of the facility with the information re-
quired under subsection (b)(8) for such 
day. 
‘‘(2) STATES AND FEDERAL GOVERNMENT.— 
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‘‘(A) PUBLIC AVAILABILITY OF INFORMA-
TION.— 
‘‘(i) IN GENERAL.—As soon as pos-
sible, but not later than 24 hours after re-
ceiving any information required under 
paragraph (1)(D)(i), the Administrator of 
the Centers for Medicare & Medicaid Serv-
ices, in coordination with the Director of 
the Centers for Disease Control and Pre-
vention, shall make such information pub-
licly available on the Nursing Home Com-
pare website of the Centers for Medicare & 
Medicaid Services and the COVIDView 
website of the Centers for Disease Control 
and Prevention. 
‘‘(ii) HIPAA COMPLIANT
INFORMA-
TION
ONLY.—Information may only be 
made publicly available under clause (i) if 
the disclosure of such information would 
otherwise be permitted under the Federal 
regulations (concerning the privacy of indi-
vidually identifiable health information) 
promulgated under section 264(c) of the 
Health Insurance Portability and Account-
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ability Act of 1996 (42 U.S.C. 1320d–2 
note). 
‘‘(B) DESIGNATION OF COVID–19 FACILI-
TIES.—For 
purposes 
of 
paragraph 
(1)(B)(iii)(II)— 
‘‘(i) the Administrator of the Centers 
for Medicare & Medicaid Services shall 
specify criteria (which shall include the 
provision of the services of a registered 
nurse on a 24-hours basis) for each State 
survey agency to carry out the designation 
requirement described in clause (ii) with 
respect to skilled nursing facilities; and 
‘‘(ii) each State survey agency shall 
designate a skilled nursing facility in the 
State as a facility dedicated to the care of 
residents who have been diagnosed with 
COVID–19 if such facility meets the cri-
teria specified by the Administrator under 
clause (i). 
‘‘(C) REMOTE
MONITORING
AND
SUR-
VEYS.—A State survey agency shall— 
‘‘(i) remotely monitor all skilled nurs-
ing facilities with at least one resident or 
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employee who has been diagnosed with 
COVID–19; 
‘‘(ii) in addition to surveys required 
under subsection (g), conduct a survey of 
a skilled nursing facility, in the same man-
ner and subject to the same requirements 
applicable to standard surveys conducted 
under subsection (g), if the facility has a 
ratio of the number of deaths resulting 
from 
COVID–19 
to 
the 
number 
of 
COVID–19 diagnoses that exceeds 5 per-
cent, or the State survey agency receives a 
COVID–19 or staffing related immediate 
jeopardy complaint regarding the facility; 
and 
‘‘(iii) ensure that each survey team 
that conducts a survey under clause (ii) 
has adequate personal protective equip-
ment while conducting such survey. 
‘‘(3) CIVIL MONEY PENALTIES.—The Secretary 
shall impose a civil money penalty against the opera-
tors of a skilled nursing facility in an amount equal 
to $10,000 per day for each violation of a require-
ment described in subparagraph (B), (C), or (D) of 
paragraph (1) or the reporting of false information 
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under clause (i) of such subparagraph (D). The pro-
visions of section 1128A (other than subsections (a) 
and (b)) shall apply to a civil money penalty under 
the previous sentence in the same manner as such 
provisions apply to a penalty or proceeding under 
section 1128A(a).’’. 
(b) MEDICAID.—Section 1919 of the Social Security 
Act (42 U.S.C. 1396r) is amended by adding at the end 
the following new subsection: 
‘‘(k) ADDITIONAL REQUIREMENTS DURING CERTAIN 
PUBLIC HEALTH EMERGENCY.— 
‘‘(1) NURSING FACILITIES.— 
‘‘(A) IN GENERAL.—During the portion of 
the emergency period defined in paragraph 
(1)(B) of section 1135(g) beginning on or after 
the date of the enactment of this subsection, a 
nursing facility shall comply with the quality of 
care requirements described in subparagraph 
(B), the worker safety requirements described 
in subparagraph (C), and the transparency re-
quirements described in subparagraph (D). 
‘‘(B) QUALITY OF CARE REQUIREMENTS.— 
The quality of care requirements described in 
this subparagraph are each of the following: 
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‘‘(i) Employ, on a full-time basis, an 
infection preventionist who— 
‘‘(I) has primary professional 
training in nursing, medical tech-
nology, microbiology, epidemiology, or 
other related field; 
‘‘(II) is qualified by education, 
training, experience or certification; 
and 
‘‘(III) has completed specialized 
training in infection prevention and 
control. 
‘‘(ii) In the case of a resident who 
elects to reside with a family member of 
such resident for any portion of the emer-
gency period described in subparagraph 
(A), guarantee the right of such resident to 
resume residency in the facility at any time 
during the 180-day period immediately fol-
lowing the end of such emergency period. 
‘‘(iii) Notwithstanding subparagraphs 
(A) and (B) of subsection (c)(2), permit a 
resident to remain in the facility and not 
discharge or transfer the resident from the 
facility unless— 
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‘‘(I) the State survey agency ap-
proves the discharge or transfer; 
‘‘(II) in the case of a transfer, 
the transfer is to a facility dedicated 
to the care of residents who have been 
diagnosed with COVID–19 if the resi-
dent 
has 
been 
diagnosed 
with 
COVID–19, or a facility dedicated to 
the care of residents who have not 
been diagnosed with COVID–19 if the 
resident has not been diagnosed with 
COVID–19; 
‘‘(III) before effecting the dis-
charge or transfer, the facility records 
the reasons in the resident’s clinical 
record; 
‘‘(IV) at least 72 hours in ad-
vance of the discharge or transfer, the 
facility provides a notice of the dis-
charge or transfer to the resident (or 
legal representative of the resident, if 
applicable), 
including 
the 
reasons 
therefor and the items described in 
clause (iii) of subsection (c)(2)(B); 
and 
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‘‘(V) the resident (or legal rep-
resentative of the resident, if applica-
ble) acknowledges receipt of the notice 
described in subclause (IV) and pro-
vides written consent to the discharge 
or transfer. 
‘‘(iv) Test (on a weekly basis) each 
resident for COVID–19, or, in the case 
that the facility does not have a sufficient 
number of testing kits for COVID–19, 
screen each resident for symptoms of 
COVID–19 and report (on a daily basis 
until the facility has a sufficient number of 
such testing kits) to the State survey agen-
cy that the facility does not have a suffi-
cient number of such testing kits and what 
steps the facility is taking to procure a suf-
ficient number of such testing kits. 
‘‘(v) Ensure there is an adequate 
number of employees to assist residents in 
communicating with family members and 
friends through phone calls, e-mail, and 
virtual communications on at least a week-
ly basis, without regard to whether a resi-
dent has been diagnosed with COVID–19. 
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‘‘(C) WORKER SAFETY REQUIREMENTS.— 
The worker safety requirements described in 
this subparagraph are each of the following: 
‘‘(i) In the case the facility is not oth-
erwise subject to the Occupational Safety 
and Health Act of 1970 (or a State occu-
pational safety and health plan that is ap-
proved under section 18(c) of such Act), 
comply with the Bloodborne Pathogens 
standard under section 1910.1030 of title 
29, Code of Federal Regulations (or a suc-
cessor regulation). 
‘‘(ii) In the case of a predicted short-
age of personal protective equipment, re-
port such predicted shortage to the State 
health department of the State in which 
the facility is located at least 24 hours in 
advance of when such predicted shortage is 
expected to occur. 
‘‘(iii) Educate each employee on the 
transmission of COVID–19. 
‘‘(iv) Notwithstanding any other pro-
vision of law, provide at least two weeks of 
paid sick leave to each employee. 
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‘‘(v) Before each employee’s shift, test 
the employee for COVID–19, or, in the 
case that the facility does not have a suffi-
cient number of testing kits for COVID– 
19, screen each employee for symptoms of 
COVID–19 and report (on a daily basis 
until the facility has a sufficient number of 
such testing kits) to the State survey agen-
cy that the facility does not have a suffi-
cient number of such testing kits and what 
steps the facility is taking to procure a suf-
ficient number of such testing kits. 
‘‘(D) TRANSPARENCY
REQUIREMENTS.— 
The transparency requirements described in 
this subparagraph are each of the following: 
‘‘(i) Report (on a daily basis) to the 
State survey agency, the Centers for Medi-
care & Medicaid Services, and the Centers 
for Disease Control and Prevention each of 
the following: 
‘‘(I) The number of confirmed 
and 
suspected 
cases 
COVID–19 
among residents and staff, including 
the age and race or ethnicity of such 
residents and staff. 
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‘‘(II) The number of deaths re-
lated to COVID–19 among residents 
and staff, including the age and race 
or ethnicity of such residents and 
staff. 
‘‘(III) The total number of 
deaths (without regard to whether a 
death is related to COVID–19) among 
residents and staff. 
‘‘(IV) The amount of personal 
protective equipment available and 
any projected need regarding such 
equipment. 
‘‘(V) Information on staffing lev-
els that would otherwise be required 
to be submitted through the Payroll- 
Based Journal of the Centers for 
Medicare & Medicaid Services. 
‘‘(VI) The number of residents 
and staff who have been tested for 
COVID–19. 
‘‘(ii) In the case that a resident or 
employee is diagnosed with COVID–19 or 
dies as a result of COVID–19, notify all 
residents, legal representatives of residents, 
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