[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2851 Introduced in Senate (IS)]
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115th CONGRESS
2d Session
S. 2851
To improve regional health care emergency preparedness and response
systems, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 15, 2018
Mr. Casey (for himself and Mr. Burr) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To improve regional health care emergency preparedness and response
systems, 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 ``Regional Health Care Emergency
Preparedness and Response Systems Act''.
SEC. 2. REGIONAL HEALTH CARE EMERGENCY PREPAREDNESS AND RESPONSE
SYSTEMS.
(a) In General.--Part B of title III of the Public Health Service
Act (42 U.S.C. 243 et seq.) is amended by inserting after section 319C-
2 the following:
``SEC. 319C-3. GUIDELINES FOR REGIONAL HEALTH CARE EMERGENCY
PREPAREDNESS AND RESPONSE SYSTEMS.
``(a) Purpose.--It is the purpose of this section to identify and
provide guidelines for regional systems of hospitals, health care
facilities, and other public and private sector entities, with varying
levels of capability to treat patients and increase medical surge
capacity during, and in advance of, a public health emergency,
including threats posed by one or more chemical, biological,
radiological, and nuclear agents, including emerging infectious
diseases.
``(b) Guidelines.--The Assistant Secretary for Preparedness and
Response, in consultation with the Director of the Centers for Disease
Control and Prevention, the Administrator of the Centers for Medicare &
Medicaid Services, the Administrator of the Health Resources and
Services Administration, the Commissioner of Food and Drugs, the
Assistant Secretary for Mental Health and Substance Use, the Assistant
Secretary of Labor for Occupational Safety and Health, the Secretary of
Veterans Affairs, heads of such other Federal agencies as the Secretary
determines to be appropriate, and State, local, tribal, and territorial
public health officials, shall, not later than 2 years after the date
of enactment of this section--
``(1) identify and develop a set of guidelines relating to
practices and protocols for all-hazards public health emergency
preparedness and response for hospitals and health care
facilities to provide appropriate patient care during, in
advance of, or immediately following, a public health
emergency, resulting from one or more chemical, biological,
radiological, or nuclear agents, including emerging infectious
diseases (which may include existing practices, such as trauma
care and medical surge capacity and capabilities), with respect
to--
``(A) a regional approach to identifying hospitals
and health care facilities based on varying
capabilities and capacity to treat patients affected by
such emergency, including--
``(i) the manner in which the system will
coordinate with and integrate the partnerships
established under section 319C-2(b); and
``(ii) informing and educating appropriate
first responders and health care supply chain
partners of the regional emergency preparedness
and response capabilities and medical surge
capacity of such hospitals and health care
facilities in the community;
``(B) physical and technological infrastructure,
laboratory capacity, staffing, blood supply, and other
supply chain needs, taking into account resiliency,
geographic considerations, and rural considerations;
``(C) protocols or best practices for the safety
and personal protection of workers who handle human
remains and health care workers (including with respect
to protective equipment and supplies, waste management
processes, and decontamination), sharing of specialized
experience among the health care workforce, behavioral
health, psychological resilience, and training of the
workforce, as applicable;
``(D) in a manner that allows for disease
containment (within the meaning of section
2802(b)(2)(B)), coordinated medical triage, treatment,
and transportation of patients, based on patient
medical need (including patients in rural areas), to
the appropriate hospitals or health care facilities
within the regional system or, as applicable and
appropriate, between systems in different States or
regions; and
``(E) the needs of children and other at-risk
individuals;
``(2) make such guidelines available on the internet
website of the Department of Health and Human Services in a
manner that does not compromise national security; and
``(3) update such guidelines as appropriate, including
based on input received pursuant to subsections (c), (e), and
(f), to address new and emerging public health threats.
``(c) Considerations.--In identifying, developing, and updating
guidelines under subsection (b), the Assistant Secretary for
Preparedness and Response shall--
``(1) include input from hospitals and health care
facilities, including health care coalitions under section
319C-2, State, local, tribal, and territorial public health
departments, and health care or subject matter experts,
including experts with relevant expertise in chemical,
biological, radiological, or nuclear threats, and emerging
infectious disease as the Assistant Secretary determines
appropriate, to meet the goals under section 2802(b)(3);
``(2) consult and engage with appropriate health care
providers and professionals, including physicians, nurses,
first responders, health care facilities (including hospitals,
primary care clinics, community health centers, mental health
facilities, ambulatory care facilities, and dental health
facilities), pharmacies, emergency medical providers, trauma
care providers, environmental health agencies, public health
laboratories, poison control centers, blood banks, and other
experts that the Assistant Secretary determines appropriate, to
meet the goals under section 2802(b)(3);
``(3) consider feedback related to financial implications
for hospitals, health care facilities, public health agencies,
laboratories, and other entities engaged in regional
preparedness planning to implement and follow such guidelines,
as applicable; and
``(4) consider financial requirements and potential
incentives for entities to prepare for, and respond to, public
health emergencies as part of the regional health care
emergency preparedness and response system.
``(d) Technical Assistance.--The Assistant Secretary for
Preparedness and Response, in consultation with the Director of the
Centers for Disease Control and Prevention and the Assistant Secretary
of Labor for Occupational Safety and Health, may provide technical
assistance and consultation towards meeting the guidelines described in
subsection (b).
``(e) Demonstration Project for Regional Health Care Preparedness
and Response Systems.--
``(1) In general.--The Assistant Secretary for Preparedness
and Response may establish a demonstration project pursuant to
the development and implementation of guidelines under
subsection (b) to improve medical surge capacity for all
hazards, build and integrate regional medical response
capabilities, improve specialty care expertise for all-hazards
response, and coordinate medical preparedness and response
across State, local, tribal, territorial, and regional
jurisdictions.
``(2) Sunset.--The authority under this subsection shall
expire on September 30, 2023.
``(f) GAO Report to Congress.--
``(1) Report.--Not later than 3 years after the date of
enactment of this section, the Comptroller General of the
United States (referred to in this subsection as the
`Comptroller General') shall submit to the Committee on Health,
Education, Labor, and Pensions and the Committee on Finance of
the Senate and the Committee on Energy and Commerce and the
Committee on Ways and Means of the House of Representatives, a
report on the extent to which hospitals and health care
facilities have implemented the recommended guidelines under
subsection (b), including an analysis and evaluation of any
challenges hospitals or health care facilities experienced in
implementing such guidelines.
``(2) Content.--The Comptroller General shall include in
the report under paragraph (1)--
``(A) data on the preparedness and response
capabilities that have been informed by the guidelines
under subsection (b) to improve regional emergency
health care preparedness and response capability,
including hospital and health care facility capacity
and medical surge capabilities to prepare for, and
respond to, public health emergencies; and
``(B) recommendations to reduce gaps in incentives
for regional health partners, including hospitals and
health care facilities to improve capacity and medical
surge capabilities to prepare for, and respond to,
public health emergencies, consistent with subsection
(a), which may include consideration of facilities
participating in programs under section 319C-2,
programs under the Centers for Medicare & Medicaid
Services (including innovative health care delivery and
payment models), and input from private sector
financial institutions.
``(3) Consultation.--In carrying out paragraphs (1) and
(2), the Comptroller General shall consult with the heads of
appropriate Federal agencies, including--
``(A) the Assistant Secretary for Preparedness and
Response;
``(B) the Director of the Centers for Disease
Control and Prevention;
``(C) the Administrator of the Centers for Medicare
& Medicaid Services;
``(D) the Assistant Secretary for Mental Health and
Substance Use;
``(E) the Assistant Secretary of Labor for
Occupational Safety and Health;
``(F) the Secretary of Veterans Affairs; and
``(G) the heads of such other Federal agencies as
the Secretary determines appropriate.''.
(b) Annual Reports.--Section 319C-2(i)(1) of the Public Health
Service Act (42 U.S.C. 247d-3b(i)(1)) is amended by inserting after the
first sentence the following ``The reports submitted under this
paragraph shall also include progress towards the implementation of
section 319C-3.''.
(c) National Health Security Strategy Incorporation of Regionalized
Emergency Preparedness and Response.--Section 2802(b)(3) of the Public
Health Service Act (42 U.S.C. 300hh-1(b)(3)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``including mental health'' and inserting ``including
pharmacies, mental health facilities,''; and
(2) by amending subparagraph (G) to read as follows:
``(G) Optimizing a coordinated and flexible
approach to the emergency response and medical surge
capacity of hospitals, other health care facilities,
critical care, trauma care (which may include trauma
centers), and emergency medical systems, which may
include the implementation of guidelines for regional
health care emergency preparedness and response systems
under section 319C-3.''.
(d) Improving State and Local Public Health Security.--
(1) State and local security.--Section 319C-1(e) of the
Public Health Service Act (42 U.S.C. 247d-3a(e)) is amended by
striking ``, and local emergency plans.'' and inserting ``,
local emergency plans, and any regional health care emergency
preparedness and response system established pursuant to the
applicable guidelines under section 319C-3.''.
(2) Partnerships.--Section 319C-2(d)(1)(A) of the Public
Health Service Act (42 U.S.C. 247d-3b(d)(1)(A)) is amended--
(A) in clause (i), by striking ``; and'' and
inserting ``;'';
(B) by redesignating clause (ii) as clause (iii);
and
(C) inserting after clause (i), the following:
``(ii) among one or more facilities in a
regional health care emergency system under
section 319C-3; and''.
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