Title: COVID–19 Essential Workers Compensation Fund Act of 2020
Policy area: Health

Summary:
COVID-19 Essential Workers Compensation Fund Act of 2020
This bill provides funding to compensate essential frontline workers who were seriously injured or died as a result of COVID-19 (i.e., coronavirus disease 2019) through a temporary program within the Department of Health and Human Services (HHS).
To obtain compensation, a worker or decedent's representative must file a claim with the Special Master appointed by HHS to administer the program. The Special Master must, within 120 days, review and make a decision concerning the claim, including making relevant determinations of economic and noneconomic losses. A claimant may appeal this decision to an Eligibility Committee established for this and other purposes.
Compensation payments shall be made within 20 days of the Special Master's decision. The program terminates on January 1, 2035.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7686 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 7686

   To amend the Public Health Service Act to establish a program to 
 provide full compensation to any essential COVID-19 frontline worker 
 who was seriously injured or died as a result of having COVID-19, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 20, 2020

 Mr. Kennedy introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
   To amend the Public Health Service Act to establish a program to 
 provide full compensation to any essential COVID-19 frontline worker 
 who was seriously injured or died as a result of having COVID-19, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``COVID-19 Essential Workers 
Compensation Fund Act of 2020''.

SEC. 2. COMPENSATING ESSENTIAL COVID-19 FRONTLINE WORKERS WHO ARE 
              SERIOUSLY INJURED OR DIE.

    Title II of the Public Health Service Act (42 U.S.C. 202 et seq.) 
is amended by adding at the end the following:

  ``PART E--COMPENSATING COVID-19 FRONTLINE WORKERS WHO ARE SERIOUSLY 
             INJURED OR DIE AS A RESULT OF HAVING COVID-19

``SEC. 275. DEFINITIONS.

    ``In this part, the following definitions apply:
            ``(1) Claimant.--The term `claimant' means an individual 
        filing a claim for compensation under section 275D(a)(1).
            ``(2) Collateral source.--The term `collateral source' 
        means all collateral sources, including life insurance, pension 
        funds, death benefit programs, and payments by Federal, State, 
        or local governments related to injury or death as a result of 
        having COVID-19.
            ``(3) Economic loss.--
                    ``(A) The term `economic loss' means any pecuniary 
                loss resulting from harm (including the loss of 
                earnings or other benefits related to employment, 
                replacement services loss, loss due to death, burial 
                costs, loss of business or employment opportunities, 
                past and anticipated out-of-pocket medical expense 
                loss) to the extent recovery for such loss is allowed 
                under applicable State law.
                    ``(B) Notwithstanding subparagraph (A), in 
                calculating economic loss for purposes of a claim for 
                compensation under section 275C(a)(1), the total loss 
                of earnings related to employment shall not exceed 
                $200,000 for any 12-month period.
            ``(4) Eligible essential covid-19 frontline worker.--The 
        term `eligible essential COVID-19 frontline worker' means an 
        essential COVID-19 frontline worker determined to be eligible 
        for compensation under section 275C(d).
            ``(5) Essential covid-19 frontline worker.--The term 
        `essential COVID-19 frontline worker' means a worker whose 
        job--
                    ``(A) is included in the `healthcare/public health' 
                category of essential critical infrastructure workers 
                in version 3.0 of the guidance of the Department of 
                Homeland Security issued on April 17, 2020, and titled 
                `Guidance on the Essential Critical Infrastructure 
                Workforce: Ensuring Community and National Resilience 
                in COVID-19 Response';
                    ``(B) is included in another category of essential 
                critical infrastructure workers in version 3.0 of such 
                guidance;
                    ``(C) is to deliver goods or transport people 
                during the COVID-19 public health emergency, but is not 
                included in any of the categories described in 
                subparagraphs (A) and (B); or
                    ``(D) is determined by the Eligibility Committee to 
                warrant treating such a worker as an essential COVID-19 
                frontline worker.
            ``(6) Noneconomic losses.--The term `noneconomic losses' 
        means losses for physical and emotional pain, suffering, 
        inconvenience, physical impairment, mental anguish, 
        disfigurement, loss of enjoyment of life, loss of society and 
        companionship, loss of consortium (other than loss of domestic 
        service), hedonic damages, injury to reputation, and all other 
        nonpecuniary losses of any kind or nature.
            ``(7) Secretary.--Except as inconsistent with this section, 
        the term `Secretary' means the Secretary of Health and Human 
        Services.
            ``(8) Seriously injured.--The term `seriously injured' 
        means having injuries that--
                    ``(A) give rise to a substantial risk of death; or
                    ``(B) cause serious, permanent disfigurement or 
                prolonged loss or impairment of the function of any 
                body part or organ.
            ``(9) Special master.--The term `Special Master' means the 
        Special Master appointed under section 275B(a).

``SEC. 275A. COMPENSATION PROGRAM.

    ``The Secretary shall carry out a program to provide full 
compensation to any essential COVID-19 frontline worker (or one or more 
representatives acting on behalf of a deceased essential COVID-19 
frontline worker) who was seriously injured or died as a result of 
having COVID-19.

``SEC. 275B. ADMINISTRATION.

    ``(a) In General.--The Secretary, acting through a Special Master 
appointed by the Secretary, shall--
            ``(1) administer the compensation program established under 
        this part;
            ``(2) promulgate all procedural and substantive rules for 
        the administration of this part; and
            ``(3) employ and supervise hearing officers and other 
        administrative personnel to perform the duties of the Special 
        Master under this part.
    ``(b) Appointment of Special Master and Deputy Special Masters.--
The Secretary may appoint a Special Master and no more than two Deputy 
Special Masters without regard to the provisions of title 5, United 
States Code, governing appointments in the competitive service. Any 
such employee shall serve at the pleasure of the Secretary. The 
Secretary shall fix the annual salary of the Special Master and the 
Deputy Special Masters.
    ``(c) Eligibility Committee.--
            ``(1) Establishment.--The Secretary shall establish a 
        committee, to be known as the Eligibility Committee.
            ``(2) Composition.--The Eligibility Committee shall be 
        composed of seven members, of which--
                    ``(A) five shall be appointed by the Secretary of 
                Health and Human Services, of which--
                            ``(i) at least two shall be mental health 
                        professionals; and
                            ``(ii) at least one shall be an infectious 
                        disease clinician; and
                    ``(B) two shall be appointed by the Secretary of 
                Labor.
            ``(3) Duties.--The Eligibility Committee, in consultation 
        with the Special Master, shall determine--
                    ``(A) as described in section 275(5)(C), the jobs, 
                in addition to those described in section 275(5)(A), 
                warranting treatment of workers performing such jobs as 
                essential COVID-19 frontline workers;
                    ``(B) in accordance with section 275C, any other 
                requirements needing to be met to be eligible for 
                compensation under this part; and
                    ``(C) hear and decide appeals brought pursuant to 
                section 275C(b)(3)(A).

``SEC. 275C. DETERMINATION OF ELIGIBILITY FOR COMPENSATION.

    ``(a) Filing of Claim.--
            ``(1) In general.--A claimant may file a claim for 
        compensation under this part with the Special Master. The claim 
        shall be on the form developed under paragraph (2) and shall 
        state the factual basis for eligibility for compensation and 
        the amount of compensation sought.
            ``(2) Claim form.--
                    ``(A) In general.--The Special Master shall develop 
                a claim form that claimants shall use when submitting 
                claims under paragraph (1). The Special Master shall 
                ensure that such form can be filed electronically, if 
                determined to be practicable.
                    ``(B) Contents.--The form developed under 
                subparagraph (A) shall request--
                            ``(i) information from the claimant 
                        concerning the serious injury that the claimant 
                        suffered, or in the case of a claim filed with 
                        respect to a decedent information confirming 
                        the decedent's death, as a result of having 
                        COVID-19;
                            ``(ii) in the case of a claim concerning 
                        such serious injury, information concerning any 
                        economic and noneconomic losses that the 
                        claimant suffered as a result of the serious 
                        injury; and
                            ``(iii) information regarding collateral 
                        sources of compensation the claimant has 
                        received or is entitled to receive as a result 
                        of such injury or death.
            ``(3) Limitation.--No claim may be filed under paragraph 
        (1) after calendar year 2029.
    ``(b) Review and Determination.--
            ``(1) Review.--The Special Master shall review a claim 
        submitted under subsection (a) and, with respect to a claimant 
        determined to be an eligible individual, determine--
                    ``(A) in the case of a claim concerning serious 
                injury, the extent of the economic and noneconomic 
                losses that the claimant suffered as a result of the 
                injury; and
                    ``(B) in the case of a claim concerning serious 
                injury or death, the amount of compensation to which 
                the claimant is entitled under this part.
            ``(2) Negligence.--With respect to a claimant, the Special 
        Master shall not consider negligence or any other theory of 
        liability.
            ``(3) Determination.--
                    ``(A) Process.--Not later than 120 days after that 
                date on which a claim is filed under subsection (a), 
                the Special Master shall complete a review, make a 
                determination, and provide written notice to the 
                claimant, with respect to the matters that were the 
                subject of the claim under review. Such a determination 
                shall be final and not subject to judicial review, 
                except that a claimant may appeal the Special Master's 
                determination to the Eligibility Committee established 
                under section 275B(c).
                    ``(B) Amount of compensation for seriously injured 
                claimants.--The amount of the compensation awarded 
                under this part to a claimant who was seriously injured 
                as a result of having COVID-19 shall be equal to the 
                amount of--
                            ``(i) the economic losses and noneconomic 
                        losses of the claimant as a result of having 
                        COVID-19; less
                            ``(ii) the collateral source compensation 
                        the claimant has received or is entitled to 
                        receive as a result of having COVID-19.
                    ``(C) Additional compensation for decedents.--In 
                lieu of any compensation described in subparagraph (B), 
                the amount of the compensation awarded under this part 
                in the case of a claimant who died as a result of 
                having COVID-19 shall be--
                            ``(i) full payment of any outstanding 
                        educational loans of the decedent, including 
                        private loans, including principal and 
                        interest;
                            ``(ii) a death benefit of $250,000 paid to 
                        the estate of the decedent; and
                            ``(iii) an additional death benefit of 
                        $100,000 paid to the spouse and each dependent 
                        of the decedent.
            ``(4) Rights of claimant.--A claimant in a review under 
        paragraph (1) shall have--
                    ``(A) the right to be represented by an attorney;
                    ``(B) the right to present evidence, including the 
                presentation of witnesses and documents; and
                    ``(C) any other due process rights determined 
                appropriate by the Special Master.
            ``(5) No punitive damages.--The Special Master may not 
        include amounts for punitive damages in any compensation paid 
        under a claim under this part.
            ``(6) No cap.--The Special Master--
                    ``(A) shall, with respect to each claimant, award 
                the full amount of the compensation calculated under 
                paragraph (3); and
                    ``(B) may not impose a cap on the total amount of 
                such compensation.
    ``(c) No Consideration of Race, Ethnicity, Gender, Religion, or 
Sex.--Notwithstanding any other provision of law, the Special Master 
and Eligibility Committee may not award damages to a claimant as part 
of any compensation under this part using a calculation of the 
projected future earning potential of that claimant that takes into 
account race, color, ethnicity, national origin, religion, disability, 
or sex (including gender, gender identity, and sexual orientation).
    ``(d) Eligibility.--
            ``(1) In general.--A claimant shall be determined to be an 
        eligible essential COVID-19 frontline worker for purposes of 
        this subsection if the Special Master determines that such 
        claimant, during the COVID-19 emergency period, is an essential 
        COVID-19 frontline worker (or is a representative acting on 
        behalf of a deceased essential COVID-19 frontline worker) who 
        was seriously injured or died as a result of having (including 
        being presumed to have) COVID-19, including an essential COVID-
        19 frontline worker who committed suicide because of a mental 
        health condition that was exacerbated or contributed to by 
        COVID-19.
            ``(2) Single claim.--Not more than one claim may be 
        submitted under this part with respect to compensation arising 
        from the death of an eligible essential COVID-19 frontline 
        worker.
            ``(3) Definition.--In this subsection, the term `COVID-19 
        emergency period' has the meaning given to the term `emergency 
        period' in section 1135(g)(1)(B) of the Social Security Act.

``SEC. 275D. PAYMENTS TO ELIGIBLE INDIVIDUALS.

    ``(a) In General.--Not later than 20 days after the date on which a 
determination is made by the Special Master regarding the amount of 
compensation due a claimant under this part, the Special Master shall 
authorize payment to such claimant of the amount determined with 
respect to the claimant.
    ``(b) Payment Authority.--This part constitutes budget authority in 
advance of appropriations Acts and represents the obligation of the 
Federal Government to provide for the payment of amounts for 
compensation under this part.

``SEC. 275E. REGULATIONS.

    ``Not later than 90 days after the date of enactment of this part, 
the Secretary, in consultation with the Special Master, shall 
promulgate regulations to carry out this part, including regulations 
with respect to--
            ``(1) forms to be used in submitting claims under this 
        part;
            ``(2) the information to be included in such forms;
            ``(3) procedures for hearing and the presentation of 
        evidence;
            ``(4) procedures to assist an individual in filing and 
        pursuing claims under this part; and
            ``(5) other matters determined appropriate by the 
        Secretary.

``SEC. 275F. RIGHT OF SUBROGATION.

    ``The United States shall have the right of subrogation with 
respect to any claim paid by the United States under this part.

``SEC. 275G. REPORT ON HEALTH OUTCOMES.

    ``Not later than 2 years after the date of enactment of this part, 
the Secretary of Health and Human Services shall submit to the Congress 
and make publicly available a report on--
            ``(1) whether the duration for which a health care provider 
        or other worker is exposed to individuals with COVID-19 impacts 
        health outcomes; and
            ``(2) whether the number of essential COVID-19 frontline 
        workers residing in a community impacted the spread of COVID-19 
        in the community.

``SEC. 275H. FUNDING.

    ``(a) Compensation.--To pay the compensation owed to claimants 
under this part, there is authorized to be appropriated, and there is 
appropriated, out of amounts in the Treasury not otherwise obligated, 
such sums as may be necessary.
    ``(b) Administrative and Support Costs.--For the administrative and 
support costs of carrying out this part, there are authorized to be 
appropriated such sums as may be necessary.

``SEC. 275I. SUNSET DATE.

    ``The program under this part shall terminate on January 1, 
2035.''.
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