Sec. 5. Establishing strike teams

551 words·~3 min read·/bill/116/s/4182/is/section-5

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A portion of any payments received or funds made available on or after July 1, 2020, for responding to the public health or fiscal impacts related to the Coronavirus Disease (COVID–19) under Federal legislation enacted on or after that date which primarily makes appropriations for the coronavirus response and related activities, shall be used to establish and support the operation of statewide or regional strike teams that meet the requirements of subsection

(b)to respond to COVID–19-related crises in participating providers, notwithstanding the original purpose for which the amounts were appropriated to make such payments or funds available, or any other provision of law restricting the use of such payments or funds. The requirements of this section with respect to a strike team of a State are the following: Strike teams may include assessment, testing, and clinical teams, and the State shall establish a mission for each such team by written directive, which may include performing medical examinations, conducting COVID–19 testing, and assisting participating providers with the implementation of quarantine, isolation, or disinfection procedures. Each strike team shall be comprised of individuals who have relevant skills, qualifications, and experience to serve as members of 1 or more of the assessment, testing, and clinical teams described in paragraph (1), such as employees of the State or any of its political subdivisions, members of the militia on State activity duty, members of COVID–19 response teams sent to the State by the Secretary, or other individuals designated by the State agency with primary responsibility for promoting resident and employee safety in participating providers. Strike teams and members of such teams shall be subject to the State’s oversight and direction and team members shall receive a State-issued letter of authorization describing— the individual’s designation to serve on 1 or more teams under an emergency proclamation; the mission of the team; the authority of the individual to perform the team mission on the State’s behalf; the individual’s authority to access places, persons, and materials necessary for the team member’s performance of the team’s mission; and the requirement that team members maintain the confidentiality of patient information shared with such individuals by the facility. The State may, at any time, disband any strike team and rescind the letter of authorization for any team member. A team and team member may not use the letter of authorization described in paragraph

(3)for any purpose except in connection with the team’s mission of acting in good faith to promote resident and employee safety in participating providers in which COVID–19 is confirmed to be present. The State shall establish protocols and procedures for requesting the assistance of a strike team established under this section and any other procedures deemed necessary for the team’s operation. If a strike team finds consistent quality of care deficiencies with respect to a participating provider and such deficiencies immediately jeopardize the health or safety of residents of the participating provider, the team shall, within 18 hours of making such finding, alert the State survey agency (which may take immediate enforcement action to remove the jeopardy and correct the deficiencies through the remedies specified in section 1819(h)(2)(B)(iii) or 1919(h)(2)(A)(iii) of the Social Security Act ( 42 U.S.C. 1395i–3(h)(2)(B)(iii) , 1396r(h)(2)(A)(iii)), the long-term care ombudsman of the State, and the Medicaid fraud control unit of such State).

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42 USC 1395i–3(h)(2)(B)(iii)

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Sec. 5

Establishing strike teams

Cite42 USC 1395i–3(h)(2)(B)(iii)

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