Rep. Darren Soto

Public Health Emergency Privacy Act This bill imposes privacy, confidentiality, and security requirements on the use and disclosure of COVID-19 (i.e., coronavirus disease 2019) emergency health data. This is data that is linked to an individual or device, such as test results. The requirements apply to organizations that collect, use, or disclose emergency health data electronically or that manage websites or applications for contact tracing and other COVID-19 response activities. These organizations must provide notice of privacy and other policies. They must also ensure the accuracy of, prevent discrimination based on, and limit disclosure of the data. If an organization collects data from at least 100,000 individuals, it must publicly report additional information about how it uses and discloses the data. Furthermore, the bill prohibits the use of emergency health data for commercial advertising or in ways that restrict access to opportunities, services, and other accommodations. It also prohibits government entities and organizations from using this data to infringe on the right to vote. The Department of Health and Human Services must report on the civil rights impact of the collection, use, and disclosure of health data. The bill provides for enforcement by the Federal Trade Commission, states, and a private right of action. It further specifies that certain dispute resolution mechanisms, such as arbitration, are unenforceable with respect to disputes arising under the bill.

Emergency Water is a Human Right Act This bill creates a grant program, administered by the Department of Health and Human Services, to provide funds to states and Indian tribes to assist low-income households that pay a high proportion of household income for drinking water and wastewater services. Further, any entity receiving financial assistance under this grant program must ensure that no home energy service or public water system service is or remains disconnected or interrupted during the COVID-19 (i.e., coronavirus disease 2019) public health emergency.

Climate Smart Ports Act This bill requires the Environmental Protection Agency to establish a grant program for purchasing or installing equipment and technology to reduce pollution at ports. Specifically, the grants must be used for equipment or technology that produces zero exhaust emissions of certain pollutants and greenhouse gases or captures 100% of the exhaust emissions produced by an ocean-going vessel at berth.

COVID HCBS Relief Act of 2021 This bill temporarily increases the applicable Federal Medical Assistance Percentage (i.e., federal matching rate) under Medicaid for certain approved home- and community-based services that are provided between October 1, 2020, and September 30, 2022. As a condition for receiving the increased rate, a state must agree to undertake activities to improve the delivery of such services during and after the public health emergency relating to COVID-19 (i.e., coronavirus disease 2019), such as by providing additional benefits to home health workers and by helping individuals who were relocated to nursing facilities during the emergency move back to their homes.

Environmental Justice Mapping and Data Collection Act of 2021 This bill establishes an interagency Environmental Justice Mapping Committee that must create a tool to identify environmental justice communities. Environmental justice communities are communities with significant representation of communities of color, low-income communities, or tribal and indigenous communities that experience, or are at risk of experiencing, higher or more adverse human health or environmental effects, as compared to other communities. The Environmental Protection Agency (EPA) must establish an environmental justice data repository to maintain the data collected by the committee. The EPA must make the repository available to regional, state, local, and tribal governments.

Comprehensive Breast Reconstruction Act of 2021 This bill provides for Medicare, Medicaid, and private health insurance coverage of certain tattooing services in connection with post-mastectomy breast reconstruction, and aligns the scope of Medicare and Medicaid coverage of such breast reconstruction with that of private health insurance. Specifically, the bill provides for coverage of reconstructive tattooing services that are performed by a health care practitioner or state-licensed tattoo artist pursuant to a physician prescription, and expands Medicare and Medicaid coverage to include all stages of reconstruction, surgery to produce a symmetrical appearance, and prostheses and physical complications of mastectomies (e.g., lymphedemas).

Mental Health Access Improvement Act of 2021 This bill provides for coverage of marriage and family therapist services and mental health counselor services under Medicare. It also excludes such services from the skilled nursing facility prospective payment system, and authorizes marriage and family therapists and mental health counselors to develop discharge plans for post-hospital services.

Protecting Access to Post-COVID-19 Telehealth Act of 2021 This bill makes permanent several telehealth flexibilities that were initially authorized during the public health emergency relating to COVID-19 (i.e., coronavirus disease 2019), particularly with respect to Medicare coverage of telehealth services. For example, the bill permanently allows federally qualified health centers and rural health clinics to serve as the distant site (i.e., the location of the health care practitioner) for telehealth services under Medicare. Payment must be made in the same manner as for non-telehealth services, rather than in accordance with a separate methodology determined by the Centers for Medicare & Medicaid Services (CMS). The bill also permanently allows beneficiaries to receive Medicare telehealth services at any site, regardless of type or location, and grants the CMS general authority to waive any other requirements during any emergency period.

Insular Area Medicaid Parity Act This bill eliminates Medicaid funding limitations for U.S. territories beginning in FY2021.

This concurrent resolution recognizes the difficult challenges Black veterans faced when returning home after serving in the Armed Forces, their heroic military sacrifices, and their patriotism in fighting for equal rights and for the dignity of a people and a nation. The concurrent resolution also recognizes the need for the Department of Veterans Affairs to continue to work to eliminate any health and benefit disparities for minority veterans.