Rep. Mark E. Amodei

Expanded Telehealth Access Act This bill permanently allows audiologists, physical therapists, occupational therapists, speech-language pathologists, and other providers designated by the Centers for Medicare & Medicaid Services (CMS) to provide telehealth services under Medicare. Currently, the CMS is authorized to waive requirements for Medicare telehealth services during the public health emergency relating to COVID-19, and it has done so to allow all providers that are otherwise eligible to furnish in-person services under Medicare to also furnish telehealth services.

Securing Access for Venue Equity Act or the SAVE Act This bill expands a grant program established to support venue operators in response to COVID-19 (i.e., coronavirus disease 2019) to include hospitality businesses, such as amusement and theme parks, scenic and sightseeing transportation businesses, and travel arrangement and reservation services.

Safe Step Act This bill requires a group health plan to establish an exception to medication step-therapy protocol in specified cases. A medication step-therapy protocol establishes a specific sequence in which prescription drugs are covered by a group health plan or a health insurance issuer.  A request for such an exception to the protocol must be granted if (1) an otherwise required treatment has been ineffective, (2) such treatment is expected to be ineffective and delaying effective treatment would lead to irreversible consequences, (3) such treatment will cause or is likely to cause an adverse reaction to the individual, (4) such treatment is expected to prevent the individual from performing daily activities or occupational responsibilities, (5) the individual is stable based on the prescription drugs already selected, or (6) there are other circumstances as determined by the Employee Benefits Security Administration. The bill requires a group health plan to implement and make readily available a clear process for an individual to request an exception to the protocol, including required information and criteria for granting an exception. The bill further specifies timelines under which plans must respond to such requests.

Farm Workforce Modernization Act of 2021 This bill contains provisions related to alien farmworkers, including provisions establishing a certified agricultural worker (CAW) status and changing the H-2A temporary worker program. The Department of Homeland Security (DHS) may grant CAW status to an applying alien who (1) performed at least 1,035 hours of agricultural labor during the two-year period prior to March 8, 2021; (2) on that date was inadmissible, deportable, or under a grant of deferred enforced departure or temporary protected status; and (3) has been continuously present in the United States from that date until receiving CAW status. The bill imposes additional crime-related inadmissibility grounds on CAW applicants and makes some other grounds inapplicable. CAW status shall be valid for 5.5 years and may be extended. DHS may grant dependent status to the spouse or children of a principal alien. An alien with a pending application may not be detained or removed by DHS and shall be authorized for employment until DHS makes a final decision on the application. A CAW alien (and dependents) may apply for lawful permanent resident status after meeting various requirements, including performing a certain amount of agricultural labor for a number of years. DHS shall create an electronic platform for (1) filing H-2A petitions, (2) facilitating the processing of H-2A cases, and (3) providing agencies a single tool for obtaining H-2A-related case information. The bill makes various changes to the H-2A program, such as (1) modifying the method for calculating and making adjustments to the H-2A worker minimum wage, (2) specifying how an employer may satisfy requirements that it attempted to recruit U.S. workers, (3) requiring H-2A employers to guarantee certain minimum work hours, (4) making the program available for agricultural work that is not temporary or seasonal, and (5) reserving a visa allocation for the dairy industry. DHS shall establish a pilot program allowing certain H-2A workers to apply for portable status, which gives the worker 60 days after leaving a position to secure new employment with a registered H-2A employer. DHS shall establish an electronic system patterned on the E-Verify Program for employers to verify an individual's identity and employment authorization. Employers hiring individuals for agricultural employment must use the system. This bill permanently establishes the Housing Preservation and Revitalization Program, which provides financing assistance for rural rental housing and off-farm labor housing and rental assistance for qualified tenants of such housing. It also authorizes the Department of Agriculture to provide various assistance, including funding for insuring loans and grants for new farmworker housing.

Veteran Suicide Prevention Act This bill requires the Department of Veterans Affairs (VA) to complete a review of the deaths of all covered veterans who died by suicide during the five-year period preceding the enactment of this bill. Covered veterans are those who received VA hospital care or medical services during the five-year period preceding the death of the veteran. The VA shall report on the results of the review and make such report publicly available.

Luke and Alex School Safety Act of 2021 This bill requires the Department of Homeland Security (DHS) to establish a Federal Clearinghouse on School Safety Best Practices for use by state and local educational and law-enforcement agencies, institutions of higher education, health professionals, and the public. The bill requires DHS to collect clearinghouse data analytics, user feedback on the implementation of best practices and recommendations identified by the clearinghouse, and any evaluations conducted on these best practices and recommendations. In addition, DHS must coordinate with the Departments of Education, Health and Human Services, and Justice to assess and identify best practices and recommendations and establish an advisory board to provide feedback and propose additional recommendations. Further, the bill specifies the criteria for best practices and recommendations of the clearinghouse, including evidence that the best practice or recommendation has had a significant effect on improving the health, safety, and welfare of individuals in school settings. Finally, the bill provides for grant program review.

Heartbeat Protection Act of 2021 This bill makes it a crime for a physician to knowingly perform an abortion (1) without determining whether the fetus has a detectable heartbeat, (2) without informing the mother of the results, or (3) after determining that a fetus has a detectable heartbeat. It provides an exception for an abortion that is necessary to save the life of a mother whose life is endangered by a physical (but not psychological or emotional) disorder, illness, or condition. A physician who performs a prohibited abortion is subject to criminal penalties—a fine, up to five years in prison, or both. A woman who undergoes a prohibited abortion may not be prosecuted for violating or conspiring to violate the provisions of this bill.

Just and Unifying Solutions To Invigorate Communities Everywhere Act of 2021 or the JUSTICE Act This bill addresses policies and issues regarding policing practices and law enforcement accountability. The bill funds state and local grants, incentivizes state and local reporting on the use of certain policing practices, creates new federal offenses for certain misconduct, and establishes best practices and training requirements. The bill funds state and local grants, including to support the use of body-worn cameras, to implement information sharing systems for disciplinary records of law enforcement officers, and to prohibit officers from engaging in sexual acts under color of the law. Further, it requires state and local governments that receive grants under the Edward Byrne Memorial Justice Assistance Grant program to report information related to use-of-force incidents and the use of no-knock warrants. At the federal level, the bill establishes new criminal offenses related to falsifying police reports and engaging in sexual acts under color of law. The bill directs the Department of Justice to develop training on de-escalation tactics, behavioral health crises, alternatives to the use of force, and the duty to intervene when another officer uses excessive force. Finally, the bill establishes and funds the National Criminal Justice Commission. Among other tasks, the commission must develop best practices for policing tactics and procedures.

Born-Alive Abortion Survivors Protection Act This bill establishes requirements for the degree of care a health care practitioner must provide in the case of a child born alive following an abortion or attempted abortion. Specifically, a health care practitioner who is present must (1) exercise the same degree of care as would reasonably be provided to any other child born alive at the same gestational age, and (2) ensure the child is immediately admitted to a hospital. Additionally, a health care practitioner or other employee who has knowledge of a failure to comply with the degree-of-care requirements must immediately report such failure to law enforcement. A health care practitioner who fails to provide the required degree of care, or a health care practitioner or other employee who fails to report such failure, is subject to criminal penalties—a fine, up to five years in prison, or both. An individual who intentionally kills or attempts to kill a child born alive is subject to prosecution for murder. The bill bars the criminal prosecution of a mother of a child born alive under this bill and allows her to bring a civil action against a health care practitioner or other employee for violations.

Increasing Access to Quality Cardiac Rehabilitation Care Act of 2021 This bill accelerates and expands certain changes that are scheduled to take effect relating to the coverage of cardiac, intensive cardiac, and pulmonary rehabilitation programs under Medicare. Currently, such programs require physician supervision. Effective January 1, 2024, physician assistants, nurse practitioners, and clinical nurse specialists may also supervise these programs. The bill expedites the effective date of these changes to January 1, 2022, and also allows these practitioners to administer programs in their offices, prepare and sign treatment plans, and prescribe exercise.