Provider Relief Fund Improvement Act
This bill extends deadlines, expands the uses of, and makes other changes pertaining to the Provider Relief Fund. The fund reimburses health care providers for increased expenses or lost revenue attributable to COVID-19.
Specifically, the bill extends the deadline by which providers must use any reimbursements they received in 2020 from the fund to the end of the COVID-19 emergency. Providers must use reimbursements received in the first half of 2021 by the end of the emergency or June 30, 2022, whichever is later.
Additionally, the Department of Health and Human Services must distribute the remaining provider relief funds by March 31, 2022. Providers must use these funds by June 30, 2023.
The bill also allows the use of the funds for workplace safety activities, such as hiring additional security personnel.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5963 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 5963
To provide for improvements in the reimbursement of eligible health
care providers through the Provider Relief Fund, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 12, 2021
Ms. Spanberger (for herself, Mr. Gonzalez of Ohio, Mrs. Axne, Mrs.
Miller-Meeks, and Ms. Mace) introduced the following bill; which was
referred to the Committee on Energy and Commerce, and in addition to
the Committee on Ways and Means, 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 provide for improvements in the reimbursement of eligible health
care providers through the Provider Relief Fund, 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 ``Provider Relief Fund Improvement
Act''.
SEC. 2. COVID-19 PROVIDER RELIEF FUND IMPROVEMENTS.
(a) Findings.--Congress makes the following findings:
(1) The most recent distribution made from the Provider
Relief Fund to eligible health care providers began in 2020.
(2) No distributions from the Provider Relief Fund have
been made or announced to account for the surge in COVID-19
cases caused by the Delta variant.
(3) That surge, at its peak, saw 7-day averages of about
175,000 daily COVID-19 cases, over 100,000 daily hospitalized
patients, and almost 2,100 daily deaths in the United States.
(4) The COVID-19 pandemic, and the Delta variant surge in
particular, has taken a heavy toll on our frontline health care
heroes, who have been on the front lines of the pandemic for
over a full year and a half, with many suffering from trauma,
burnout, and increased behavioral health challenges.
(5) Many hospitals have experienced critical staffing and
infrastructure issues due to the surge demands of very ill
patients infected with the Delta variant of COVID-19, forcing
some to make difficult patient care choices, such as postponing
non-emergent surgeries or transferring certain patients,
including children and expectant mothers, to other hospitals.
(6) These challenges are being exacerbated by threats of
violence against hospitals and their workforce, so much so that
a domestic terror alert has been issued for health care
facilities.
(7) COVID-19-related expenses are skyrocketing, as
demonstrated in a recent study showing that hospitals and
health systems are paying $24,000,000,000 more per year for
qualified clinical labor than they did before the beginning of
the COVID-19 pandemic.
(8) Hospitals and other eligible health care providers need
additional funding, and continued access to Provider Relief
Fund funding already received, to prevent, prepare for, and
respond COVID-19, as intended under the law, and to protect
their facilities and workforce.
(b) Extension of Deadline for Eligible Health Care Providers To Use
Certain Funds Received From the COVID-19 Provider Relief Fund.--
(1) Payment received periods 1 and 2.--Effective June 29,
2021, the deadline by which an eligible health care provider is
required to use reimbursements from the Provider Relief Fund
received by such eligible health care provider during a covered
payment received period is extended until the end of the COVID-
19 emergency period.
(2) Adjustment of reporting time period.--The Secretary
shall make appropriate adjustments to the reporting time period
(as specified in the Provider Relief Fund guidance) that
corresponds to a covered payment received period to reflect the
extension of the applicable deadline under paragraph (1).
(3) Refund of amounts returned to prf.--Not later than 30
days after the date of the enactment of this section, the
Secretary shall reimburse an eligible health care provider the
total amount of payments such eligible health care provider
returned to the Secretary by reason of the deadline referred to
in paragraph (1).
(4) Modification of deadline for period 3.--The deadline by
which an eligible health care provider is required to use
reimbursements from the Provider Relief Fund received by such
eligible health care provider during the Payment Received
Period referred to in the Provider Relief Fund Guidance as the
Period 3 specified in table 1 of such guidance (beginning on
January 1, 2021, and ending on June 30, 2021) shall be the
later of--
(A) the end of the COVID-19 emergency period; or
(B) June 30, 2022.
(c) Requirement To Distribute Remaining COVID-19 Provider Relief
Funds by March 31, 2022.--
(1) Requirement for distributions.--
(A) In general.--Not later than March 31, 2022, the
Secretary shall distribute to eligible health care
providers for health care related expenses or lost
revenues that are attributable to coronavirus, any
remaining funds appropriated to the Provider Relief
Fund as of the date of the enactment of this section
for reimbursements.
(B) Deadline to use funds.--The deadline by which
an eligible health care provider is required to use
reimbursements received pursuant to subparagraph (A) is
June 30, 2023.
(2) Accounting for health care related expenses or lost
revenues in the second, third, and fourth quarters of 2021.--
Notwithstanding any other provision of law, distributions made
under paragraph (1) to eligible health care providers shall
account for financial losses and changes in operating expenses
occurring in the second, third, or fourth quarter of calendar
year 2021, that are attributable to coronavirus.
(d) Clarification of Use of Funds for Workplace Safety and
Security.--
(1) In general.--Funds appropriated to the Provider Relief
Fund for eligible health care providers and funds appropriated
under section 1150C of the Social Security Act (42 U.S.C.
1320b-26) for eligible health care providers (as defined in
subsection (e)(1) of such section) before, on or after the date
of the enactment of this section may be used to reimburse an
eligible health care provider for expenses incurred by the
eligible health care provider for measures taken to establish
or improve the security of the workplace of such eligible
health care provider and improve the safety of personnel of
such eligible health care provider present at such workplace.
(2) Additional clarification of permissible expenses.--
Expenses for workplace security and safety of personnel of an
eligible health care provider described in paragraph (1) shall
include the following:
(A) Mitigation of risk of violence at the workplace
of such eligible health care provider, including the
employment of additional security personnel, conduct of
risk assessment activities, implementation of response
plans, implementation of small-scale changes to
physical plant (such as the addition of more secure
locks, the use of key card access, altering ingress and
egress points, and the installation of additional
security cameras), and staff education and training.
(B) Measures to prevent violence at the workplace
and against personnel of such eligible health care
provider, including education and training of personnel
on de-escalation protocols and installation of panic
buttons and other similar, required equipment.
(C) Trauma support for personnel with respect to
violence in the workplace, such as counseling and other
supports in the event of significant workplace safety
episodes, which may include events that do not result
in violence but may have significant impacts on
personnel and the operations of the eligible health
care provider (commonly referred to as near-misses).
(e) Definitions.--In this section:
(1) Coronavirus.--The term ``coronavirus'' means severe
acute respiratory syndrome coronavirus 2 (SARS-CoV-2) or
another coronavirus with pandemic potential.
(2) Covered payment received period.--The term ``covered
payment received period'' means, with respect to Payment
Received Periods referred to in the Provider Relief Fund
Guidance--
(A) the ``Period 1'' specified in table 1 of such
guidance (beginning on April 10, 2020, and ending on
June 30, 2020); and
(B) the ``Period 2'' specified in such table
(beginning on July 1, 2020, and ending on December 31,
2020).
(3) COVID-19 emergency period.--The term ``COVID-19
emergency period'' means the emergency period described in
section 1135(g)(1)(B) of the Social Security Act (42 U.S.C.
1320b-5(g)(1)(B)).
(4) Eligible health care provider.--The term ``eligible
health care provider'' has the meaning given such term in the
third proviso of the third paragraph under the heading
``Department of Health and Human Services--Office of the
Secretary--Public Health and Social Services Emergency Fund''
in division B of the CARES Act (Public Law 116-136).
(5) Provider relief fund.--The term ``Provider Relief
Fund'' means the funding appropriated to prevent, prepare for,
and respond to coronavirus, domestically or internationally,
for necessary expenses to reimburse, through grants or other
mechanisms, eligible health care providers for health care
related expenses or lost revenues that are attributable to
coronavirus for which appropriations are made under--
(A) the third paragraph under the heading
``Department of Health and Human Services--Office of
the Secretary--Public Health and Social Services
Emergency Fund'' in division B of the CARES Act (Public
Law 116-136);
(B) the first paragraph under the heading
``Department of Health and Human Services--Office of
the Secretary--Public Health and Social Services
Emergency Fund'' in division B of the Paycheck
Protection Program and Health Care Enhancement Act
(Public Law 116-139); and
(C) the third paragraph under the heading
``Department of Health and Human Services--Office of
the Secretary--Public Health and Social Services
Emergency Fund'' of the Coronavirus Response and Relief
Supplemental Appropriations Act, 2021 (division M of
the Consolidated Appropriations Act, 2021 (Public Law
116-260)).
(6) Provider relief fund guidance.--The term ``Provider
Relief Fund Guidance'' refers to the guidance entitled
``Provider Relief Fund General and Targeted Distribution Post-
Payment Notice of Reporting Requirements'' issued by the
Secretary of Health and Human Services on June 11, 2021.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services, acting through the Administrator
of the Health Resources and Services Administration.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, 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.
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, 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.
Referred to the Subcommittee on Health.
Referred to the Subcommittee on Health.
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