Rep. David B. McKinley

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.

Eliminating the Provider Relief Fund Tax Penalties Act of 2021 This bill excludes from gross income, for income tax purposes, any grant or other assistance provided by the CARES Act Provider Relief Fund under the Coronavirus Aid, Relief, and Economic Security Act or the CARES Act.

This resolution removes Representative Eric Swalwell from the House Permanent Select Committee on Intelligence.

Let States Cut Taxes Act This bill removes a prohibition on states and territories using COVID-19 (i.e., coronavirus disease 2019) relief funding under the American Rescue Plan Act of 2021 to offset a reduction in revenue resulting from a reduction in taxes or a delay in the imposition of a tax or tax increase.

Protect Seniors and Cut Waste Act This bill prohibits the budgetary effects of the American Rescue Plan Act of 2021 from being counted for the purposes of determining whether a specified sequester occurs under the Statutory Pay-As-You-Go Act of 2010. (The American Rescue Plan Act of 2021 provided funding to address the impact of COVID-19. Sequestration is a process of automatic, usually across-the-board spending reductions under which budgetary resources are permanently cancelled to enforce specific budget policy goals.) The bill also modifies several other provisions related to COVID-19 spending. Among other modifications, the bill provides supplemental appropriations for the Public Health and Social Services Emergency Fund to reimburse certain health care providers for health care related expenses or lost revenues that are attributable to the coronavirus; rescinds certain funds that were provided for payments to states, territories, and tribal governments to mitigate the fiscal effects stemming from the COVID-19 public health emergency; prohibits individuals who are incarcerated or unlawfully present in the United States from receiving 2021 recovery rebates; and rescinds funds that were provided by the American Rescue Plan Act of 2021 for the National Endowment for the Arts, the National Endowment for the Humanities, and the Emergency Federal Employee Leave Fund.

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.

Nursing Home Reform Modernization Act of 2021 This bill requires the Centers for Medicare & Medicaid Services (CMS) to establish a ranking system and related programs for Medicare skilled nursing facilities and Medicaid nursing facilities, taking into account the findings and recommendations of a specified advisory council. Specifically, the bill establishes the Advisory Council on Skilled Nursing Facility Rankings under Medicare and Nursing Facility Rankings under Medicaid. The council must study processes and make related recommendations for rankings, including with respect to appropriate metrics, data sources, and quality control. The CMS must then develop a ranking system and use the system to implement a high-rated facility program and a low-rated facility program. Facilities in the low-rated facility program are subject to progressive enforcement actions of increasing severity until they meet applicable standards; facilities in the high-rated facility program may also have their designations suspended if they fail to meet the requisite standards. The CMS must post facility designations on the Nursing Home Compare website in a specified manner. The Government Accountability Office must report on the quality of services provided by facilities and their compliance with applicable requirements, including the effectiveness of the bill's low-rated facility program.

Medicare Orthotics and Prosthetics Patient-Centered Care Act This bill revises payment rules and establishes several requirements relating to coverage of orthotics and prosthetics under Medicare. Specifically, the bill requires suppliers of orthotics and prosthetics to meet certain standards with respect to licensure and accreditation, physical facilities, and liability insurance. Orthotists and prosthetists may also issue written orders for commercial purposes that meet specified standards; such orders must be signed by the treating physician. The bill also prohibits payment under Medicare for certain prosthetics and orthotics that are delivered via drop shipment (i.e., direct shipment to a beneficiary who has not received corresponding patient care from a health care practitioner).