Coronavirus Relief for Seniors and People with Disabilities Act of 2020

II 116TH CONGRESS 2D SESSION S. 3544 To assist older Americans and people with disabilities affected by COVID– 19. IN THE SENATE OF THE UNITED STATES MARCH 19, 2020 Mr. CASEY (for himself, Mr. BOOKER, Mr. BROWN, Mr. MENENDEZ, Mr. JONES, Mr. PETERS, Ms. DUCKWORTH, Mrs. GILLIBRAND, Ms. SINEMA, Mr. BLUMENTHAL, Mr. KAINE, Ms. HASSAN, Mr. REED, Ms. WARREN, Ms. SMITH, Mr. TESTER, Mr. SANDERS, Mrs. SHAHEEN, Ms. BALDWIN, Ms. KLOBUCHAR, Ms. ROSEN, Mr. MARKEY, Ms. CORTEZ MASTO, and Mr. MERKLEY) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To assist older Americans and people with disabilities affected by COVID–19. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) IN GENERAL.—This Act may be cited as the 4 ‘‘Coronavirus Relief for Seniors and People with Disabil- 5 ities Act of 2020’’. 6 (b) TABLE OF CONTENTS.—The table of contents for 7 this Act is as follows: 8 VerDate Sep 11 2014 03:20 Apr 04, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3544.IS S3544 kjohnson on DSK79L0C42PROD with BILLS 2 •S 3544 IS Sec. 1. Short title; table of contents. TITLE I—SUPPLEMENTAL APPROPRIATIONS Sec. 101. Supplemental appropriations. TITLE II—MEDICAID Sec. 201. Expanded access to medical assistance for Medicare costs during the COVID–19 public health emergency. Sec. 202. Authority to award Medicaid HCBS grants to respond to the COVID–19 public health emergency. TITLE III—NUTRITION SERVICES Sec. 301. Definitions. Sec. 302. Congregate nutrition services criteria. Sec. 303. Home delivered nutrition services criteria. TITLE I—SUPPLEMENTAL 1 APPROPRIATIONS 2 SEC. 101. SUPPLEMENTAL APPROPRIATIONS. 3 The following sums are hereby appropriated, out of 4 any money in the Treasury not otherwise appropriated, 5 for the fiscal year ending September 30, 2020, and for 6 other purposes, namely: 7 DEPARTMENT OF HEALTH AND HUMAN 8 SERVICES 9 CENTERS FOR MEDICARE & MEDICAID SERVICES 10 SURVEY AND CERTIFICATION ACTIVITIES 11 For an additional amount for survey and certification 12 activities authorized under sections 1862(g) and 1864 of 13 the Social Security Act (42 U.S.C. 1395y(g), 1395aa) and 14 section 353 of the Public Health Service Act (42 U.S.C. 15 263a), $154,400,000, to remain available through Sep- 16 tember 30, 2021: Provided, That such amount is des- 17 VerDate Sep 11 2014 03:20 Apr 04, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3544.IS S3544 kjohnson on DSK79L0C42PROD with BILLS 3 •S 3544 IS ignated by the Congress as being for an emergency re- 1 quirement pursuant to section 251(b)(2)(A)(i) of the Bal- 2 anced Budget and Emergency Deficit Control Act of 1985. 3 ADMINISTRATION FOR COMMUNITY LIVING 4 AGING AND DISABILITY SERVICES PROGRAMS 5 For an additional amount for ‘‘Aging and Disability 6 Services Programs’’, for carrying out the Older Americans 7 Act of 1965 (42 U.S.C. 3001 et seq.) (‘‘OAA’’), 8 $2,851,800,000, to remain available through September 9 30, 2021, of which— 10 (1) $1,000,000,000 shall be for providing sup- 11 portive services under part B of title III of such Act 12 (42 U.S.C. 3030d et seq.); 13 (2) $1,650,000,000 shall be for providing home 14 delivered nutrition services under subpart 2 of part 15 C of title III of such Act (42 U.S.C. 3030f et seq.); 16 (3) $185,900,000 shall be for providing support 17 services for family caregivers under part E of title 18 III of such Act (42 U.S.C. 3030s et seq.); and 19 (4) $15,900,000 shall be for providing elder 20 rights protection activities under title VII of such 21 Act (42 U.S.C. 3058 et seq.): Provided, That State 22 matching requirements under sections 304(d)(1)(D), 23 309(b)(2), and 373(g)(2) of the OAA (42 U.S.C. 24 3024(d)(1)(D), 3029(b)(2), and 3030s–1(g)(2)) 25 VerDate Sep 11 2014 00:37 Apr 07, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3544.IS S3544 kjohnson on DSK79L0C42PROD with BILLS 4 •S 3544 IS shall not apply to any amount appropriated under 1 this heading: Provided further, That the amount ap- 2 propriated under this heading is designated by Con- 3 gress as being for an emergency requirement pursu- 4 ant to section 251(b)(2)(A)(i) of the Balanced Budg- 5 et and Emergency Deficit Control Act of 1985 (2 6 U.S.C. 901(b)(2)(A)(i)). 7 DEPARTMENT OF AGRICULTURE 8 FOOD AND NUTRITION SERVICE 9 COMMODITY ASSISTANCE PROGRAM 10 For an additional amount for ‘‘Commodity Assistance 11 Program’’, for necessary expenses to carry out the com- 12 modity supplemental food program established under sec- 13 tion 5 of the Agriculture and Consumer Protection Act 14 of 1973 (7 U.S.C. 612c note; Public Law 93–86), 15 $55,000,000, to remain available through September 30, 16 2021: Provided, That the amount appropriated under this 17 heading is designated by Congress as being for an emer- 18 gency requirement pursuant to section 251(b)(2)(A)(i) of 19 the Balanced Budget and Emergency Deficit Control Act 20 of 1985 (2 U.S.C. 901(b)(2)(A)(i)). 21 VerDate Sep 11 2014 03:20 Apr 04, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3544.IS S3544 kjohnson on DSK79L0C42PROD with BILLS 5 •S 3544 IS TITLE II—MEDICAID 1 SEC. 201. EXPANDED ACCESS TO MEDICAL ASSISTANCE 2 FOR MEDICARE COSTS DURING THE COVID– 3 19 PUBLIC HEALTH EMERGENCY. 4 (a) IN GENERAL.—Section 1902 of the Social Secu- 5 rity Act (42 U.S.C. 1396a) is amended— 6 (1) in subsection (a)(10)(E)— 7 (A) in clause (iii), by striking ‘‘; and’’ and 8 inserting a semicolon; 9 (B) in clause (iv), by striking the semi- 10 colon and inserting ‘‘; and’’; and 11 (C) by adding at the end the following new 12 clause: 13 ‘‘(v) during the period described in sub- 14 section (ss), for making medical assistance 15 available for medicare cost-sharing (as defined 16 in section 1905(p)(3)) for— 17 ‘‘(I) individuals who are described in 18 clause (ii), (iii), or (iv); and 19 ‘‘(II) individuals— 20 ‘‘(aa) who are not described in 21 clauses (i) through (iv) but who are 22 eligible for, or enrolled in, the low-in- 23 come subsidy program under section 24 1860D–14; and 25 VerDate Sep 11 2014 00:37 Apr 07, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3544.IS S3544 kjohnson on DSK79L0C42PROD with BILLS 6 •S 3544 IS ‘‘(bb) whose application for such 1 medical assistance is received by the 2 State (or automatically initiated pur- 3 suant to the transmittal of data under 4 section 1144(c)(3)(B)) before the end 5 of the emergency period defined in 6 section 1135(g)(1)(B).’’; and 7 (2) by adding at the end the following new sub- 8 section: 9 ‘‘(ss) COVID–19 EMERGENCY ASSISTANCE PE- 10 RIOD.—For purposes of subsection (a)(10)(E)(v), the pe- 11 riod described in this subsection is the period— 12 ‘‘(1) beginning with the date of enactment of 13 this subsection; and 14 ‘‘(2) ending with the last day of the 12th month 15 that begins after the emergency period defined in 16 section 1135(g)(1)(B).’’. 17 (b) TRANSMITTAL OF DATA TO STATES AND AUTO- 18 MATIC ENROLLMENT OF INDIVIDUALS.—Section 19 1144(c)(3) of the Social Security Act (42 U.S.C. 1320b– 20 14(c)(3)) is amended— 21 (1) by striking ‘‘Beginning on January 1, 22 2010’’ and inserting the following: 23 VerDate Sep 11 2014 03:20 Apr 04, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3544.IS S3544 kjohnson on DSK79L0C42PROD with BILLS 7 •S 3544 IS ‘‘(A) TRANSMITTAL OF LIS APPLICATIONS 1 TO STATES.—Beginning on January 1, 2010’’; 2 and 3 (2) by adding at the end the following new sub- 4 paragraph: 5 ‘‘(B) TRANSMITTAL OF LIS ENROLLMENT 6 INFORMATION TO STATES DURING THE COVID– 7 19 PUBLIC HEALTH EMERGENCY.—During the 8 period described in section 1902(ss), the Sec- 9 retary, in coordination with the Commissioner 10 of Social Security, shall electronically transmit 11 to the appropriate State Medicaid agency data 12 related to each individual who is enrolled in the 13 low-income subsidy program under section 14 1860D–14, and such transmittal shall initiate 15 an application of the individual for benefits 16 under the Medicare Savings Program with the 17 State Medicaid agency. In order to ensure that 18 such data transmittal provides effective assist- 19 ance for purposes of State adjudication of ap- 20 plications for benefits under the Medicare Sav- 21 ings Program, the Secretary shall consult with 22 the States regarding the content, form, fre- 23 quency, and manner in which data (on a uni- 24 VerDate Sep 11 2014 00:37 Apr 07, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3544.IS S3544 kjohnson on DSK79L0C42PROD with BILLS 8 •S 3544 IS form basis for all States) shall be transmitted 1 under this subparagraph.’’. 2 (c) ADDITIONAL APPROPRIATION FOR ADMINISTRA- 3 TIVE COSTS FOR THE DEPARTMENT OF HEALTH AND 4 HUMAN SERVICES AND THE SOCIAL SECURITY ADMINIS- 5 TRATION.— 6 (1) IN GENERAL.—There are hereby appro- 7 priated to carry out the requirement of subpara- 8 graph (B) of section 1144(c)(3) of the Social Secu- 9 rity Act (42 U.S.C. 1320b–14(c)(3)), as added by 10 subsection (b), out of any funds in the Treasury not 11 otherwise appropriated— 12 (A) $1,000,000 to the Secretary of Health 13 and Human Services, to remain available until 14 expended; and 15 (B) $1,000,000 to the Commissioner of 16 Social Security, to remain available until ex- 17 pended. 18 (2) SUPPLEMENT NOT SUPPLANT.—Any 19 amounts appropriated pursuant to this subsection 20 shall be in addition to any other amounts otherwise 21 appropriated pursuant to any other provision of law. 22 (d) BUDGET NEUTRALITY WITH RESPECT TO MEDI- 23 CARE ADVANTAGE PAYMENTS.—The Secretary of Health 24 and Human Services shall assess the effect of the amend- 25 VerDate Sep 11 2014 03:20 Apr 04, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3544.IS S3544 kjohnson on DSK79L0C42PROD with BILLS 9 •S 3544 IS ments made by subsection (a) on payments to Medicare 1 Advantage plans under part C of title XVIII of the Social 2 Security Act (42 U.S.C. 1395w–21 et seq.) and make nec- 3 essary adjustments to ensure that, during the COVID– 4 19 emergency assistance period described in subsection 5 (ss) of section 1902 of the Social Security Act (42 U.S.C. 6 1396a) (as added by subsection (a)), risk-adjusted pay- 7 ments under such part with respect to individuals newly 8 enrolled in the Medicare Savings Program (as defined in 9 section 1144 of the Social Security Act (42 U.S.C. 1320b– 10 14)) pursuant to such amendments do not exceed such 11 payments that would have been made under such part 12 with respect to such individuals if such subsection had not 13 been enacted. 14 (e) FEDERAL MEDICAL ASSISTANCE PERCENT- 15 AGE.—Section 1905 of the Social Security Act (42 U.S.C. 16 1396d) is amended— 17 (1) in subsection (b), by striking ‘‘and (ff)’’ and 18 inserting ‘‘(ff), and (gg)’’; and 19 (2) by adding at the end the following: 20 ‘‘(gg) INCREASED FMAP FOR ADDITIONAL EXPEND- 21 ITURES FOR MEDICARE COST-SHARING PROVIDED DUR- 22 ING THE COVID–19 PUBLIC HEALTH EMERGENCY.— 23 Notwithstanding subsection (b), the Federal medical as- 24 sistance percentage for a State shall be 100 percent— 25 VerDate Sep 11 2014 03:20 Apr 04, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3544.IS S3544 kjohnson on DSK79L0C42PROD with BILLS 10 •S 3544 IS ‘‘(1) with respect to the additional amounts ex- 1 pended by the State for medical assistance provided 2 during the period described in section 1902(ss) 3 under the State plan under this title or a waiver of 4 such plan that are attributable to the requirements 5 imposed by section 1902(a)(10)(E)(v); 6 ‘‘(2) with respect to expenditures described in 7 section 1903(a)(7) that— 8 ‘‘(A) are made by the State during the pe- 9 riod described in section 1902(ss); and 10 ‘‘(B) the State demonstrates to the satis- 11 faction of the Secretary are attributable to ad- 12 ministrative costs related to meeting such re- 13 quirements; and 14 ‘‘(3) with respect to expenditures that are made 15 by the State to determine whether individuals who 16 are provided medical assistance for medicare cost- 17 sharing under section 1902(a)(10)(E)(v)(II) remain 18 eligible for such assistance after the period described 19 in section 1902(ss).’’. 20 SEC. 202. AUTHORITY TO AWARD MEDICAID HCBS GRANTS 21 TO RESPOND TO THE COVID–19 PUBLIC 22 HEALTH EMERGENCY. 23 (a) IN GENERAL.—The Secretary is authorized to 24 award grants to States in accordance with this section to 25 VerDate Sep 11 2014 03:20 Apr 04, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3544.IS S3544 kjohnson on DSK79L0C42PROD with BILLS 11 •S 3544 IS enhance access to home and community-based services 1 during the COVID–19 public health emergency period. 2 (b) DEFINITIONS.—In this section: 3 (1) COVID–19 PUBLIC HEALTH EMERGENCY 4 PERIOD.—The term ‘‘COVID–19 public health emer- 5 gency period’’ means the portion of the emergency 6 period defined in paragraph (1)(B) of section 7 1135(g) of the Social Security Act (42 U.S.C. 8 1320b–5(g)) beginning on or after the date of the 9 enactment of this Act. 10 (2) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible 11 individual’’ means an individual who is eligible for or 12 enrolled for medical assistance under a State Med- 13 icaid program. 14 (3) HOME AND COMMUNITY-BASED SERV- 15 ICES.—The term ‘‘home and community-based serv- 16 ices’’ means, with respect to a State Medicaid pro- 17 gram, home and community-based services (includ- 18 ing home health and personal care services) that are 19 provided under the State’s qualified HCBS program 20 or that could be provided under such a program but 21 are otherwise provided under the Medicaid program. 22 (4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 23 means an Indian tribe, a tribal organization, or an 24 urban Indian organization (as such terms are de- 25 VerDate Sep 11 2014 03:20 Apr 04, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3544.IS S3544 kjohnson on DSK79L0C42PROD with BILLS 12 •S 3544 IS fined in section 4 of the Indian Health Care Im- 1 provement Act (25 U.S.C. 1603)), and includes a 2 tribal consortium of Indian tribes or tribal organiza- 3 tions (as so defined). 4 (5) MEDICAID PROGRAM.—The term ‘‘Medicaid 5 program’’ means, with respect to a State, the State 6 program under title XIX of the Social Security Act 7 (42 U.S.C. 1396 et seq.) (including any waiver or 8 demonstration under such title or under section 9 1115 of such Act (42 U.S.C. 1315) relating to such 10 title). 11 (6) SECRETARY.—The term ‘‘Secretary’’ means 12 the Secretary of Health and Human Services. 13 (7) STATE.—The term ‘‘State’’ has the mean- 14 ing given such term for pur [Text truncated for display. Full text available on Congress.gov.]