(B) REPORTING.—The State or Indian 
Tribe shall, as determined appropriate by the 
Secretary, periodically report to the Secretary 
on the following: 
(i) The convening and recommenda-
tions of the task force under subparagraph 
(C), cohorting strategies being used, the 
use of surge teams, and the technical as-
sistance and resources provided under sub-
paragraph (E). 
(ii) The State or Indian Tribe’s dis-
tribution of the payments received under 
the program under this subsection and 
what facilities are using such payments for 
(as permitted under paragraph (4)(B)). 
(iii) Other items determined appro-
priate by the Secretary. 
(C) TASK FORCE.— 
(i) IN GENERAL.—The State or In-
dian Tribe shall establish a task force to 
provide advice on the State or Tribe’s use 
and distribution of payments received 
under the program under this section, in-
cluding on cohorting strategies, the use of 
surge teams, resident rights (particularly 
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involving discharges and transfers), and 
other topics as determined appropriate by 
the Secretary. 
(ii) MEMBERSHIP.—A task force es-
tablished under clause (i) shall include rep-
resentation from the following: 
(I) Consumers, including older 
adults age 65 and older, individuals 
with disabilities, family caregivers, 
and their advocates. 
(II) Skilled nursing facilities, 
nursing facilities, intermediate care 
facilities, and psychiatric hospitals. 
(III) Health care providers and 
other congregate settings (including 
hospitals and permanent or transi-
tional housing facilities) that transfer 
residents to and from skilled nursing 
facilities, 
nursing 
facilities, 
inter-
mediate care facilities, and psychiatric 
hospitals. 
(IV) Health professionals, such 
as direct care professionals, physi-
cians, nurses, and pharmacists. 
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(V) Experts in public health and 
infectious diseases. 
(VI) Experts in geriatrics and 
long-term care medicine. 
(VII) The State Long-Term Care 
Ombudsman program (as described in 
section 712(a)(1) of the Older Ameri-
cans 
Act 
of 
1965 
(42 
U.S.C. 
3058g(a)(1))). 
(VIII) The protection and advo-
cacy system (as established under 
subtitle C of title I of the Develop-
mental Disabilities Assistance and Bill 
of Rights Act of 2000 (42 U.S.C. 
15041 et seq.)). 
(IX) State agencies, including the 
State surveying agency and the agen-
cy that administers the State plan 
under the Medicaid program under 
title XIX of the Social Security Act 
(42 U.S.C. 1396 et seq.). 
(X) Other representatives as the 
Secretary determines appropriate. 
(D) PROTOCOL TO EVALUATE.—The State 
or Indian Tribe shall establish an expedited 
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protocol to evaluate a facility’s ability (including 
a facility retrofitted under paragraph (4)(B)(i)) 
to cohort individuals who test positive for 
COVID–19, individuals who test negative for 
COVID–19, or individuals with unknown status 
or who are under observation regarding 
COVID–19. Such protocol shall include an in-
fection control self-assessment and an abbre-
viated survey and may include a standard sur-
vey. 
(E) TECHNICAL
ASSISTANCE
AND
RE-
SOURCES.— 
(i) IN GENERAL.—The State or In-
dian Tribe shall ensure that skilled nursing 
facilities, nursing facilities, intermediate 
care facilities, and psychiatric hospitals re-
ceive technical assistance and the nec-
essary resources to— 
(I) implement proper infection 
control protocols and practices; 
(II) minimize unnecessary trans-
fers; 
(III) ensure adequate staffing, 
including the use of surge teams; 
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(IV) effectively use and provide 
access to testing and personal protec-
tive equipment, including guidance on 
how to effectively use personal protec-
tive equipment when access is limited; 
(V) safely transition residents to 
home and community-based settings; 
and 
(VI) conduct other activities, as 
determined appropriate by the Sec-
retary. 
(ii) REQUIREMENT
FOR
TECHNICAL 
ASSISTANCE.—The technical assistance re-
quired under clause (i) shall be provided 
by— 
(I) quality improvement organi-
zations under part B of title XI of the 
Social Security Act (42 U.S.C. 1320c 
et seq.); or 
(II) other independent organiza-
tions of a similar type that do not 
have conflicts of interest and are 
deemed appropriate by the Secretary. 
(4) USE OF FUNDS.— 
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(A) IN
GENERAL.—A State or Indian 
Tribe that receives a payment under the pro-
gram under this subsection shall use funds to 
support skilled nursing facilities, nursing facili-
ties, intermediate care facilities, and psychiatric 
hospitals that cohort, and provide services to, 
individuals who test positive for COVID–19, in-
dividuals who test negative for COVID–19, and 
individuals with unknown status or who are 
under observation regarding COVID–19. Such 
cohorting and services shall be in compliance 
with all guidance issued by the Secretary during 
the emergency period. 
(B) PERMISSIBLE USES AND AUTHORIZED 
COSTS.—States and Indian Tribes shall use the 
payments received under the program under 
this subsection for the following purposes: 
(i) To retrofit non-traditional facility- 
based settings, such as hotels, dormitories, 
schools, churches, and other temporary or 
permanent shelters, for temporary use as 
skilled nursing facilities, nursing facilities, 
intermediate care facilities, and psychiatric 
hospitals. 
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(ii) To support skilled nursing facili-
ties, nursing facilities, intermediate care 
facilities, and psychiatric hospitals with the 
establishment of specialized units within 
such facilities. 
(iii) To provide testing kits or other 
supplies needed for rapid turnaround to 
test staff members and residents of skilled 
nursing facilities, nursing facilities, inter-
mediate care facilities, and psychiatric hos-
pitals for COVID–19. 
(iv) To provide personal protective 
equipment to staff members of skilled 
nursing facilities, nursing facilities, inter-
mediate care facilities, psychiatric hos-
pitals, and, where appropriate, to residents 
of such facilities. 
(v) To safely facilitate necessary 
transfers to and from skilled nursing facili-
ties, nursing facilities, intermediate care 
facilities, and psychiatric hospitals. 
(vi) To safely facilitate voluntary dis-
charges to home and community-based set-
tings from skilled nursing facilities, nurs-
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ing facilities, intermediate care facilities, 
and psychiatric hospitals. 
(vii) To provide additional staffing 
(including the use of surge teams) associ-
ated with the COVID–19 pandemic for 
skilled nursing facilities, nursing facilities, 
intermediate care facilities, and psychiatric 
hospitals, which may include providing pre-
mium or hazard pay, overtime pay, en-
hanced payment rates, paid sick and fam-
ily medical leave, childcare, temporary 
housing, transportation, and other sup-
portive services for staff members. 
(viii) To provide support for individ-
uals who have no other mechanism to pay 
for their care at skilled nursing facilities, 
nursing facilities, intermediate care facili-
ties, and psychiatric hospitals and are un-
able to pay. 
(ix) Other purposes relating to the 
cohorting and services described in sub-
paragraph (A). 
(5) ADDITIONAL GUIDANCE.—For purposes of 
the program under this subsection, not later than 30 
days after the date of enactment of this Act (and 
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prior to making any payments to States or Indian 
Tribes under the program) the Secretary shall estab-
lish guidance on the following: 
(A) Which skilled nursing facilities, nurs-
ing facilities, intermediate care facilities, and 
psychiatric hospitals are permitted to cohort in-
dividuals who test positive for COVID–19, indi-
viduals who test negative for COVID–19, and 
individuals with unknown status or who are 
under observation regarding COVID–19. Such 
guidance shall account for— 
(i) the facility’s history of compliance 
with the requirements of participation 
under titles XVIII and XIX of the Social 
Security Act (42 U.S.C. 1395 et seq., 1396 
et seq.), including requirements relating to 
infection control and emergency prepared-
ness; 
(ii) the facility’s current or past affili-
ation (as either a candidate or participant) 
with the special focus facility program 
under section 1819(f)(8) of such Act (42 
U.S.C. 
1395i–3(f)(8)) 
and 
section 
1919(f)(10) of such Act (42 U.S.C. 
1396r(f)(10)); and 
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(iii) the facility’s ability to treat high- 
severity residents, as applicable. 
(B) Consumer protections for residents of 
skilled nursing facilities, nursing facilities, in-
termediate care facilities, and psychiatric hos-
pitals affected by COVID–19 cohorting policies, 
including by— 
(i) prohibiting facilities from dis-
charging residents for failure to pay for 
services; and 
(ii) requiring written notification to be 
provided to residents and their family and 
legal representatives at least 72 hours 
prior to discharge or transfers, with such 
notice containing— 
(I) information on the rights of 
the resident; 
(II) contact information for the 
State Long-Term Care Ombudsman 
program (as described in section 
712(a)(1) of the Older Americans Act 
of 1965 (42 U.S.C. 3058g(a)(1))); 
and 
(III) contact information for the 
protection and advocacy system (as 
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established under subtitle C of title I 
of the Developmental Disabilities As-
sistance and Bill of Rights Act of 
2000 (42 U.S.C. 15041 et seq.). 
(C) Strategies to effectively cohort resi-
dents of skilled nursing facilities, nursing facili-
ties, intermediate care facilities, and psychiatric 
hospitals based on COVID–19 status, includ-
ing— 
(i) the temporary utilization of non- 
traditional facility-based settings, such as 
hotels, dormitories, schools, churches, and 
other temporary or permanent shelters, as 
skilled nursing facilities, nursing facilities, 
intermediate care facilities, and psychiatric 
hospitals; 
(ii) how to safely and effectively move, 
shelter in place, and cohort within facili-
ties; 
(iii) how to establish separate facilities 
for individuals who test positive for 
COVID–19; 
(iv) how to establish separate facilities 
for individuals who test negative for 
COVID–19; 
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(v) proper procedures for conducting 
COVID–19 testing, sending tests to be 
analyzed, and effective use of COVID–19 
testing; 
(vi) adequate staffing, with contin-
gency plans during shortages, including the 
use of— 
(I) separate staffing according to 
COVID–19 status; and 
(II) surge teams; 
(vii) effective use of personal protec-
tive equipment, including in cases where 
access to an adequate supply of personal 
protective equipment is limited; 
(viii) how to minimize resident trans-
fers to and from the facilities; 
(ix) how to safely effectuate resident 
transfers to home and community-based 
settings from the facilities; and 
(x) how to uphold resident rights in 
accordance with titles XVIII and XIX of 
the Social Security Act (42 U.S.C. 1395 et 
seq., 1396 et seq.). 
(6) REPORT.—Not later than 2 years after the 
date of the enactment of this section, the Secretary 
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shall submit to the appropriate Committees of Con-
gress a report on the program under this subsection, 
together with recommendations for such legislation 
and administrative action as the Secretary deter-
mines appropriate. 
(7) FUNDING.—Out of any monies in the 
Treasury of the United States not otherwise appro-
priated, there are appropriated to the Secretary 
$20,000,000,000 for fiscal year 2020 for making 
payments to States and Indian Tribes under this 
subsection. Amounts appropriated under the pre-
ceding sentence shall remain available until ex-
pended. 
(b) MONTHLY BRIEFINGS ON THE COVID–19 RE-
SPONSE.— 
(1) MONTHLY BRIEFINGS.—Not later than 15 
days after the date of enactment of this Act, and at 
least once every 30 days thereafter through the end 
of the emergency period, the Secretary shall brief 
the appropriate Committees of Congress (including 
all members of such Committees) on the COVID–19 
outbreak in skilled nursing facilities, nursing facili-
ties, intermediate care facilities, and psychiatric hos-
pitals and the response by the Secretary to such out-
break. 
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(2) REPORT.—Not later than 1 year after the 
date of enactment of this Act, the Inspector General 
of the Department of Health and Human Services 
shall submit to Congress a report that evaluates the 
response of the Secretary to the COVID–19 out-
break in skilled nursing facilities, nursing facilities, 
intermediate care facilities, and psychiatric hospitals 
such as guidance, rules, or waivers established by 
the Secretary. 
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to affect the requirements or condi-
tions of participation under titles XVIII and XIX of the 
Social Security Act (42 U.S.C. 1395 et seq., 1396 et seq.) 
with respect to skilled nursing facilities, nursing facilities, 
intermediate care facilities, and psychiatric hospitals. 
(d) DEFINITIONS.—In this section: 
(1) 
APPROPRIATE
COMMITTEES
OF
CON-
GRESS.—The term ‘‘appropriate Committee of Con-
gress’’ means— 
(A) the Committee on Finance of the Sen-
ate; 
(B) the Committee on Health, Education, 
Labor, and Pensions of the Senate; 
(C) the Special Committee on Aging of the 
Senate; 
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(D) the Committee on Ways and Means of 
the House of Representatives; and 
(E) the Committee on Energy and Com-
merce of the House of Representatives. 
(2) EMERGENCY
PERIOD.—The term ‘‘emer-
gency period’’ means the emergency period described 
in section 1135(g)(1)(B) of the Social Security Act 
(42 U.S.C. 1320b–5(g)(1)(B)). 
(3) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given to the term ‘‘Indian tribe’’ in 
section 4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5304). 
(4) INTERMEDIATE CARE FACILITY.—The term 
‘‘intermediate care facility’’ means an intermediate 
care facility described in section 1905(d) of the So-
cial Security Act (42 U.S.C. 1396d(d)). 
(5) NURSING
FACILITY.—The term ‘‘nursing 
facility’’ has the meaning given that term in section 
1919(a) of the Social Security Act (42 U.S.C. 
1396r(a)). 
(6) PSYCHIATRIC HOSPITAL.—The term ‘‘psy-
chiatric hospital’’ has the meaning given that term 
in section 1861(f) of the Social Security Act (42 
U.S.C. 1395x(f)). 
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(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Health and Human Services. 
(8) SKILLED
NURSING
FACILITY.—The term 
‘‘skilled nursing facility’’ has the meaning given that 
term in section 1819(a) of the Social Security Act 
(42 U.S.C. 1395i–3(a)). 
(9) STATE.—The term ‘‘State’’ means the 50 
States, the District of Columbia, the Commonwealth 
of Puerto Rico, the United States Virgin Islands, 
Guam, the Commonwealth of the Northern Mariana 
Islands, and American Samoa. 
(10) SURGE TEAM.—The term ‘‘surge team’’ 
means a short-term staffing team. 
Æ 
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