Sec. 3. State reporting requirements for assisted living facilities and COVID–19
754 words·~3 min read·
/bill/116/hr/7463/ih/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
As a condition of receiving funding to combat the coronavirus pandemic under Federal legislation enacted on or after the date of enactment of this Act which designates such funding as being for emergency requirements pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(b)(2)(A)(i) ), a State shall do the following: Within 30 days of the passage of this Act, begin weekly reporting of the following information for each assisted living facility located in the State to the Centers for Disease Control and Prevention, disaggregated by race, ethnicity, primary language, sex, sexual orientation, gender identity, age, and disability status:
The number of suspected and confirmed active cases of Coronavirus Disease 2019 (COVID–19) among residents and the number of suspected and confirmed active cases of COVID–19 among staff of the facility. The number of residents and staff of the facility, respectively, who, since the last report under this paragraph, contracted severe respiratory infections related to COVID–19 that resulted in hospitalization and the number that resulted in death, including deaths that occurred outside of the facility.
The number COVID–19 diagnostic tests conducted weekly on residents and staff of the facility, respectively, and the percentage of those tests that are positive among residents and staff of the facility, respectively. The average time between testing a resident and receiving the results of the test. The personal protective equipment, hand hygiene supplies, ventilators, and medical supplies in the facility. The total number of resident beds at, residents living in, and staff employed by the facility.
Other information specified by the Secretary. Within 30 days of the passage of this Act, report for each assisted living facility in the State to the Centers for Disease Control and Prevention, the information specified in subparagraphs
(A)through
(G)of paragraph
(1)for the period of time between January 1, 2020, and the passage of this Act, disaggregated by race, ethnicity, primary language, sex, sexual orientation, gender identity, age, and disability status. Within 30 days of the passage of this Act, require each assisted living facility in the State to inform the Centers for Medicare & Medicaid Services, the Centers for Disease Control and Prevention, State and local health officials, residents, their representatives, and families of those residing in facilities by 5 p.m. the next calendar day following the occurrence of either a single confirmed infection of COVID–19 among the residents or staff of the facility or three or more residents or staff of the facility presenting new-onset of respiratory symptoms within 72 hours of each other. This information shall— not include personally identifiable information; include information on mitigating actions implemented to prevent or reduce the risk of transmission, including if normal operations of the facility will be altered; and include any cumulative updates for residents, their representatives, and families at least weekly or by 5 p.m. the next calendar day following the subsequent occurrence of— the identification of a confirmed infection of COVID–19 among the residents or staff of the facility; or three or more residents or staff presenting new onset of respiratory symptoms within 72 hours of each other. The requirements of subsection
(a)shall terminate if and when the circumstances which led to the public health emergency period described in section 1135(g)(1)(B) of the Social Security Act ( 42 U.S.C. 1320b–5(g)(1)(B) ) (relating to the coronavirus pandemic) cease to exist and are unlikely to recur. Within 15 days of the date of enactment of this Act, the Secretary shall issue guidance to States to ensure the information reported in
(a)is reported in an electronic, standardized format that matches, to the extent practicable, the format applicable to information reported to the Department of Health and Human Services by skilled nursing facilities and nursing facilities on COVID–19 under section 483.30(g) of title 42, Code of Federal Regulations (as amended by the interim final rule of the Centers for Medicare & Medicaid Services published on May 8, 2020 (85 Fed. Reg. 27550)), to enable the comparison of COVID–19 outbreaks across congregate care settings. The Secretary shall publicly post on the website of the Department of Health and Human Services, the information received by the Department under section (a), and shall update such information on a weekly basis. The Secretary may grant, at the request of a State, a 30-day extension for the State report the information required under paragraphs
(1)and
(2)of subsection
(a)to allow the State to develop the reporting infrastructure necessary to gather such information from assisted living facilities.
Connectionstraces to 1
Traces to 1 document
2 references not yet in our index
- 42 USC 1320b–5(g)(1)(B)
- 85 FR 27550
Citation graph
cites case law
Sec. 3
State reporting requirements for assisted living facilities and COVID–19
Cite42 USC 1320b–5(g)(1)(B)
Fed. Reg.85 FR 27550
Cites 3Cited by 0 across 0 sources