Sec. 3. Senior caregiver relief assistance
1,146 words·~5 min read·
/bill/117/hr/6530/ih/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Part K of title III of the Public Health Service Act ( 42 U.S.C. 280c et seq. ) is amended by adding at the end the following new subpart: The Secretary shall provide assistance under this section to eligible entities to stabilize and preserve senior congregate care operations. The Secretary may provide assistance under this section only to an entity that— is an assisted living facility; demonstrates, by providing such documentation as the Secretary shall require, financial need by having— incurred uncompensated losses because of the public health emergency declared under section 319 with respect to COVID–19; and consistently maintained ongoing operations during the period from March 13, 2020, to December 31, 2020; and makes a good-faith certification to the Secretary— that the uncertainty of existing economic conditions makes the application for assistance under this section necessary to support ongoing operations of the entity; and that all amounts of such assistance will be used to promote the health and well-being of the facility’s population of seniors, to retain workers, to maintain the facility, and for other eligible uses under the relevant provisions of this section.
Any individual determination of qualification of an entity as an eligible entity for purposes of this section shall be based on review of the entity’s existing versus recent historic financials, including— profit-loss statements; account receivables; Federal tax filings; and such other materials that the Secretary deems relevant to meet the purposes of this section. The Secretary shall— provide for eligible entities to submit applications for assistance under this section; and require such applications— to set forth the proposed uses of such assistance; and to contain such other assurances and information as the Secretary may require.
To the extent and in the amount of appropriations made in advance to carry out this section, the Secretary shall— make grants to eligible entities for health care-related expenses attributable to COVID–19 or to supplant lost revenue attributable to COVID–19; and distribute such amounts among eligible entities in an equitable and timely manner, but not later than December 31, 2022, based on the order in which approvable applications from such entities are received by the Secretary.
As a condition on receipt of a grant under this section, an eligible entity shall agree to use not more than 5 percent of the amounts received through the grant for administrative expenses. The amount of assistance distributed to an eligible entity pursuant to this subsection shall be— based on the number of beds in the facility to be assisted; and proportional to the uncompensated losses of the eligible entity referred to in subsection (b)(1)(B)(i). Nothing in this subsection shall be construed as preventing the Secretary from making assistance available to eligible entities at any time before the date specified in paragraph (1)(B).
To the extent and in the amount of appropriations made in advance to carry out this section, the Secretary shall make grants to eligible entities for use (subject to paragraph (2)) only for the following purposes: To ensure regular and reliable communications connections between seniors residing in the assisted living facility of the entity and their physicians and medical support personnel. For costs of operating and maintaining the assisted living facility of the entity, including— for payments of principal or interest on any mortgage obligation in connection with the facility, but not including any prepayment of principal on such a mortgage obligation; for payments of rent for a facility, including rent under a lease agreement, but not including any prepayment of rent; for costs of activities to prevent, prepare for, and mitigate the presence of COVID–19 on facility premises, including costs of purchasing and installing equipment and supplies to disinfect the premises, support emergency management operations, and provide for associated staff-related expenses; for maintenance expenses for the facility for the purposes of COVID–19 mitigation and infection control, including construction to accommodate social distancing and other preventive measures, such as plexiglass barriers; for costs of supplies for the facility, including protective equipment and cleaning materials; and for any other expenses that the Secretary determines to be essential to maintaining the facility.
Nothing in this subsection may be construed to prevent the Secretary from approving applications providing for use of funds for other costs, purposes, and activities not specifically identified in paragraph
(1)that the Secretary deems appropriate and consistent with the purposes of this section. Each recipient of a grant under subsection
(d)or
(e)shall submit reports and maintain documentation by such deadlines, in such form, and containing such content as the Secretary determines necessary to ensure compliance with the conditions of the grant. For purposes of the Internal Revenue Code of 1986, amounts received by an eligible entity from the Secretary under a grant under subsection
(d)or
(e)shall not be included in the gross income of such eligible entity. An eligible entity shall not have a tax deduction denied, a tax attribute reduced, or any basis increased by reason of the exclusion from gross income pursuant to paragraph (1). Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Congress a report assessing the efficacy of assistance made available under this section and the activities supported with such assistance. In this section: The term assisted living facility means a licensed, registered, certified, listed, or State-regulated residence, managed residential community, building, or part of a building that provides, or contracts to provide, housing with supportive services on a continuing basis to individuals who— are elderly or have a mental health, developmental, or physical disability; and are unrelated by blood or marriage to the owner or operator of the residence, community, building, or part of a building if the owner or operator is an individual. The term eligible entity means an entity that is eligible under subsection
(b)to be provided assistance under this section. The term health care-related expenses attributable to COVID–19 means health care-related expenses to prevent, prepare for, and respond to COVID–19, including the building or construction of a temporary structure, the leasing of a property, the purchase of medical supplies and equipment (including personal protective equipment and testing supplies), providing for an expanded workforce (including by training staff, maintaining staff, and hiring additional staff), the operation of an emergency operation center, retrofitting a facility, providing for surge capacity, and other expenses determined appropriate by the Secretary. The term lost revenue attributable to COVID–19 means the cost of services that were received, building modifications made, and tangible property ordered for mitigation and prevention of COVID–19, including the difference between such provider’s budgeted and actual revenue if such budget was established and approved before March 27, 2020, for the purposes of preventing, preparing for, and responding to COVID–19. To carry out this section, there is authorized to be appropriated $10,000,000,000 for fiscal year 2022, to remain available until expended. .
Connectionstraces to 1
Traces to 1 document
U.S. Code
Citation graph
cites case law
Sec. 3
Senior caregiver relief assistance
Cites 1Cited by 0 across 0 sources