Rep. Jason Crow

Preserving Rules Ordered for The Entities Covered Through 340B Act of 2021 or the PROTECT 340B Act of 2021 This bill prohibits pharmacy benefit managers (PBMs) and health insurance plans from discriminating against health providers participating in the 340B drug pricing program, including pharmacies contracted with such providers to dispense 340B drugs. The 340B program allows certain providers to receive covered outpatient drugs at reduced prices from manufacturers. Specifically, PBMs and insurance plans may not reimburse 340B participants at a lower rate than other entities not participating in the program; impose differing terms (such as fees, charge-backs, or audits) on 340B participants; interfere with an individual's choice to receive drugs from a 340B participant; require 340B participants to identify which drugs fall within the program; or refuse to contract with a 340B participant on the basis that they utilize the program. Violations of this bill are subject to a civil penalty of not more than $5,000 per violation per day. These prohibitions also apply to prescription drug (Part D) sponsors under Medicare. The bill also provides for a process to prevent duplicate 340B drug discounts to states under Medicaid.

Safe Schools Improvement Act of 2021 This bill requires states to direct their local educational agencies (LEAs) to establish policies that prevent and prohibit bullying and harassment of elementary and secondary school students. In particular, these policies must prohibit bullying and harassment based on race, color, national origin, sex, sexual orientation, gender identity, disability, or religion. Further, LEAs must provide (1) students, parents, and educational professionals with annual notice of the conduct prohibited in their disciplinary policies; (2) students and parents with grievance procedures that target such conduct; and (3) the public with annual data on the incidence and frequency of that conduct at the school and LEA level. The Department of Education must conduct and report on an independent biennial evaluation of programs and policies to combat bullying and harassment in elementary and secondary schools. The National Center for Education Statistics must collect state data to determine the incidence and frequency of the conduct prohibited by LEA disciplinary policies.

America's Red Rock Wilderness Act This bill designates specified lands in the following areas of Utah as components of the National Wilderness Preservation System: (1) Great Basin, (2) Grand Staircase-Escalante, (3) Moab-La Sal Canyons, (4) Henry Mountains, (5) Glen Canyon, (6) San Juan-Anasazi, (7) Canyonlands Basin, (8) San Rafael Swell, and (9) Book Cliffs and Uinta Basin. The bill sets forth administrative requirements for (1) the exchange of state-owned lands within such areas, (2) federal reservation of water rights, (3) measurement of setbacks for roads with adjacent wilderness, (4) authorized livestock grazing, and (5) withdrawal of such lands from disposition under certain public land laws.

Sustainable Shark Fisheries and Trade Act of 20 21 This bill revises provisions regarding shark conservation and fishery management. The bill requires any country that seeks to import shark products into the United States to obtain a certification from the Department of Commerce that the country has a regulatory program in effect to provide for the conservation and management of sharks, including measures to prohibit the removal of any of the fins of a shark (including the tail). Commerce must revise its regulations to include rays and skates as species that are subject to the Seafood Traceability Program. The Seafood Traceability Program has data reporting and recordkeeping requirements at the time of entry for imported fish or fish products entered into U.S. commerce.

Federal Retirement Fairness Act This bill modifies the federal civilian service that is creditable service under the Federal Employees Retirement System (FERS). Specifically, it expands the nondeduction service that may be creditable under FERS. Nondeduction service is federal service where an employee's pay is not subject to retirement deductions (e.g., service under a temporary appointment). Currently, nondeduction service performed before January 1, 1989, is creditable under FERS so long as a deposit is made into the retirement fund to cover the period of nondeduction service. This bill allows nondeduction service performed on or after January 1, 1989, to be creditable under FERS so long as a deposit is made into the retirement fund.

Essential Caregivers Act of 2021 This bill requires skilled nursing facilities, nursing facilities, intermediate care facilities for the intellectually disabled, and nearby inpatient rehabilitation facilities to establish an essential caregivers program during a public health emergency. Under the program, facilities must allow each resident to select up to two essential caregivers to provide daily living assistance, emotional support, or companionship during the emergency. Facilities must afford such caregivers 12 hours of access to residents each day (or unlimited access for end-of-life care), and caregivers must agree to follow facility protocols for staff safety. Facilities may deny access to caregivers who violate protocols, subject to certain notification requirements; the Centers for Medicare & Medicaid Services must establish an appeals process relating to such decisions and may take specified enforcement actions against facilities that violate the bill's requirements.

This resolution supports the designations of National Post-Traumatic Stress Injury Awareness Month and National Post-Traumatic Stress Injury Awareness Day. The resolution supports (1) the education of members of the Armed Forces, veterans, their families, and the public about post-traumatic stress; and (2) efforts by the Department of Veterans Affairs and the Department of Defense to foster cultural change around the issue of post-traumatic stress. The resolution also encourages the leadership of the Armed Forces to support treatment of members of the Armed Forces who suffer from post-traumatic stress.

Mental Health in Schools Excellence Program Act of 2021 This bill establishes a program to expand the mental health services workforce in schools. Specifically, the bill requires the Department of Education to contract with graduate institutions to pay a share of the cost of attendance for graduate students pursuing careers in the school-based mental health profession (e.g., school counseling).

Improving Opportunities for New Americans Act of 2021 This bill requires the Department of Labor to study and report on the factors affecting employment opportunities for immigrants and refugees with professional credentials obtained in other counties, including policy recommendations for assisting those individuals in obtaining skill-appropriate employment in the United States.

Better Care Better Jobs Act This bill establishes programs and provides funds for state Medicaid programs to improve home- and community-based services (HCBS), such as home health care, personal care, case management, and rehabilitative services. Specifically, the bill provides funds for the Centers for Medicare & Medicaid Services to award planning grants, develop quality measures, and provide technical assistance to states regarding specified HCBS improvements, particularly with respect to access, utilization, and the associated workforce. The bill also increases the Federal Medical Assistance Percentage (i.e., federal matching rate) for HCBS in states that develop plans and meet specified benchmarks for improvements. The bill also makes permanent (1) the Money Follows the Person Rebalancing Demonstration Program (a grant program to help states increase the use of HCBS for long-term care and decrease the use of institutional care), and (2) certain provisions regarding Medicaid eligibility that protect against spousal impoverishment for recipients of HCBS.