Title: ACCESS Act
Policy area: Health

Summary:
Advancing Connectivity during the Coronavirus to Ensure Support for Seniors Act or the ACCESS Act
This bill (1) provides appropriations for the Telehealth Resource Center Program of the Office for the Advancement of Telehealth within the Federal Office of Rural Health Policy in the Health Resources Services Administration (HRSA) to develop telehealth capacity for certain nursing facilities, and (2) directs other activities to increase access to telehealth services in such facilities during the COVID-19 (i.e., coronavirus disease 2019) public health emergency.
HRSA shall award grants, in coordination with the Federal Communications Commission, to skilled nursing facilities and other nursing facilities to support virtual visits to residents during the emergency.
The Department of Health and Human Services must also provide recommendations related to immediately increasing access, during the emergency, to telehealth services for which Medicare and Medicaid payments are available in skilled and other nursing facilities.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6487 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 6487

  To increase the ability of nursing facilities to access telehealth 
  services and obtain technologies to allow virtual visits during the 
public health emergency relating to an outbreak of coronavirus disease 
                2019 (COVID-19), and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 10, 2020

 Ms. Schakowsky (for herself and Mr. King of New York) introduced the 
following bill; which was referred to the Committee on Appropriations, 
  and in addition to the Committees on Energy and Commerce, Ways and 
 Means, and the Budget, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To increase the ability of nursing facilities to access telehealth 
  services and obtain technologies to allow virtual visits during the 
public health emergency relating to an outbreak of coronavirus disease 
                2019 (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 ``Advancing Connectivity during the 
Coronavirus to Ensure Support for Seniors Act'' or the ``ACCESS Act''.

                  TITLE I--SUPPLEMENTAL APPROPRIATIONS

SEC. 101. SUPPLEMENTAL APPROPRIATIONS.

    The following sums are hereby appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2020, and for other purposes, namely:

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                              rural health

    For an additional amount for the Telehealth Resource Center of the 
Federal Office of Rural Health Policy of the Office for the Advancement 
of Telehealth, to provide assistance with respect to technical, legal, 
regulatory service delivery or other related barriers to the 
development of telehealth technologies for skilled nursing facilities 
(as defined in section 1819 of the Social Security Act) and nursing 
facilities (as defined in section 1919 of such Act), $50,000,000 to 
remain available through September 30, 2021.

      TITLE II--INCREASED ACCESS TO TELEHEALTH SERVICES AND OTHER 
                              TECHNOLOGIES

SEC. 201. DEFINITIONS.

    In this title:
            (1) COVID-19 public health emergency period.--The term 
        ``COVID-19 public health emergency period'' means the portion 
        of the emergency period defined in paragraph (1)(B) of section 
        1135(g) of the Social Security Act (42 U.S.C. 1320b-5(g)) 
        beginning on or after the date of the enactment of this Act.
            (2) Medicaid program.--The term ``Medicaid program'' means, 
        with respect to a State, the State program under title XIX of 
        the Social Security Act (42 U.S.C. 1396 et seq.) (including any 
        waiver or demonstration under such title or under section 1115 
        of such Act (42 U.S.C. 1315) relating to such title).
            (3) Medicare.--The term ``Medicare'' means the program of 
        health insurance for the aged and disabled established under 
        title XVIII of the Social Security Act.
            (4) 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)).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
            (6) 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)).
            (7) State.--The term ``State'' has the meaning given such 
        term for purposes of title XIX of the Social Security Act (42 
        U.S.C. 1396 et seq.).

SEC. 202. IDENTIFICATION OF BARRIERS TO NURSING FACILITIES ACCESSING 
              TELEHEALTH SERVICES UNDER MEDICARE AND MEDICAID DURING 
              THE COVID-19 PUBLIC HEALTH EMERGENCY.

    (a) Congressional Briefing.--Not later than 15 days after the date 
of enactment of this Act, the Secretary shall brief the congressional 
committees specified in subsection (c) on options for immediately 
increasing access during the COVID-19 public health emergency period to 
telehealth services for which payment is available under Medicare for 
skilled nursing facilities and under Medicaid for nursing facilities. 
The briefing shall also include--
            (1) information regarding the extent to which access to 
        telehealth services is required for any facilities that are 
        temporarily designated during the COVID-19 public health 
        emergency period as participating providers under Medicare, 
        Medicaid, or both, for purposes of furnishing skilled nursing 
        services or nursing facility services to individuals who are 
        eligible for such services under Medicare or Medicaid; and
            (2) recommendations for such administrative and legislative 
        actions, including with respect to funding, as the Secretary 
        determines are necessary.
    (b) Report.--The Secretary shall submit a report to the 
congressional committees specified in subsection (c) after the briefing 
required under subsection (a) occurs that includes a summary of the 
briefing, any new or additional information requested during such 
briefing, and such other information as the Secretary determines 
appropriate.
    (c) Congressional Committees Specified.--The congressional 
committees specified in this subsection are the following:
            (1) The Committees on Energy and Commerce and Ways and 
        Means of the House of Representatives.
            (2) The Committees on Finance, Health, Education, Labor, 
        and Pensions, Commerce, Science, and Transportation, and the 
        Special Committee on Aging of the Senate.

SEC. 203. AUTHORITY TO AWARD GRANTS TO NURSING FACILITIES FOR 
              SUPPORTING VIRTUAL VISITS DURING THE COVID-19 PUBLIC 
              HEALTH EMERGENCY.

    (a) In General.--The Secretary shall award grants directly to 
skilled nursing facilities and nursing facilities in accordance with 
this section to support virtual visits by family members and other 
individuals for residents of such facilities during the COVID-19 public 
health emergency period.
    (b) Coordination.--The Secretary shall coordinate with the Federal 
Communications Commission to ensure that all facilities awarded a grant 
under this section are able to carry out the purposes described in 
subsection (d), including through the provision of telecommunications 
and broadband services necessary to support virtual visits described in 
subsection (a).
    (c) Application Requirements.--A facility seeking a grant under 
this section shall submit an application to the Secretary at such time, 
in such form and manner, and containing such information as the 
Secretary shall require.
    (d) Use of Funds.--A facility awarded a grant under this section 
may only use the funds for expenditures attributable to obtaining and 
using--
            (1) technologies to support virtual visits described in 
        subsection (a); and
            (2) any other items or services necessary to carry out such 
        visits.
    (e) Limitations.--
            (1) Termination of authority.--The Secretary shall not 
        award any grants under this section after the end of the COVID-
        19 public health emergency period.
            (2) Supplement, not supplant.--Federal funds paid to a 
        skilled nursing facility or a nursing facility pursuant to this 
        section must be used to supplement, but not supplant, any other 
        Federal, State, or local funds available to the facility that 
        may be used for a purpose specified in subsection (d).
    (f) Guidance.--Not later than 15 days after the date of the 
enactment of this Act, the Secretary shall issue guidance on steps 
facilities awarded grants under this section shall take to ensure 
residents of such facilities have access to virtual visitation during 
the COVID-19 public health emergency period and how such access shall 
be facilitated by such facilities. Such guidance shall include options 
for how such facilities will ensure notification of residents and 
resident representatives of such virtual visitation access and 
facilitation, address how adequate support will be provided to 
residents to facilitate virtual visitation, address how facilities will 
ensure or enable installation and access to a device purchased for the 
use or benefit of individual or multiple facility residents, and 
address operational issues and avoid unnecessary barriers to timely 
deployment of virtual visitation.
    (g) Report.--Not later than 30 days after the end of the COVID-19 
public health emergency period, the Secretary shall submit a report to 
Congress on the grants awarded under this section.
    (h) Appropriation.--There are appropriated to the Secretary for 
fiscal year 2020, from any funds in the Treasury not otherwise 
appropriated, such sums as are necessary to carry out this section, to 
remain available through the last day of the month following the month 
in which the COVID-19 public health emergency period ends.

                        TITLE III--MISCELLANEOUS

SEC. 301. EMERGENCY DESIGNATION.

    (a) In General.--The amounts provided by this Act are designated as 
an emergency requirement pursuant to section 4(g) of the Statutory Pay-
As-You-Go Act of 2010 (2 U.S.C. 933(g)).
    (b) Designation in Senate.--In the Senate, this Act is designated 
as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 
71 (115th Congress), the concurrent resolution on the budget for fiscal 
year 2018.
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