WASHINGTON — U.S. Sen. Mark R. Warner (D-Va.) joined Sens. Chris Coons (D-Del.), Susan Collins (R-Maine) and nine of their colleagues on a bipartisan letter to Senate Leadership encouraging additional support for first responders in the next COVID-19 relief package. 

In addition to Sens. Warner, Coons and Collins, the letter was joined by Senators Tom Carper (D-Del.), Dick Durbin (D-Ill.), Richard Blumenthal (D-Conn.), Angus King (I-Maine), Jon Tester (D-Mont.), Chris Van Hollen (D-Md.), Ron Wyden (D-Ore.), Bob Casey (D-Pa.), and Amy Klobuchar (D-Minn.). 

The lawmakers detailed the following priorities for first responders:

• Bolster Assistance to Firefighter Grant, Staffing for Adequate Fire and Emergency Response (SAFER), and Department of Justice grant funding, including for the Community Oriented Policing Services program, so that state and local police, fire, and EMS departments can access resources to purchase and be reimbursed for PPE and other COVID-19 related expenses, recruit and retain employees and volunteers, and cover overtime, backfill costs, authorized hazard pay, and COVID-19-related paid sick leave during the crisis.
• Require that the Secretary of the Department of Homeland Security waive the cost share and maintenance of expenditure requirements for Assistance to Firefighter Grants for reimbursement of COVID-19-related expenses through FY21. 
• Require that the Secretary of the Department of Homeland Security grant waivers to SAFER grant recipients for employee retention to aid staffing shortages through FY21.  In addition, any legislation should retroactively require that the Secretary grant such waivers for FY19 and FY20 SAFER funds. 
• Waive the prohibition on hazard pay for federal firefighters under 5 U.S.C. §?5545b(d)(1) for purposes of COVID-19 response, provide funding to federal agencies sufficient to cover hazard pay to frontline federal firefighters and law enforcement officers when appropriate, extend overtime pay to U.S. Probation Officers, and waive the federal firefighter and law enforcement officer overtime cap under 5 U.S.C. §?5547.
• Address the gap in paid sick leave coverage for first responders by requiring that the employing agency, not the employee, provide up to 80 hours of paid sick leave should these departments order the employee to self-quarantine in accordance with Centers for Disease Control and Prevention guidelines due to potential COVID-19 exposure.
• Create a presumption in the Public Safety Officers’ Benefits Program that a public safety officer’s infection of COVID-19 resulted from their employment to clearly establish eligibility for benefits due to the pandemic.
• Prevent the taxation of state and local incentives for volunteer firefighters and EMS personnel beyond 2020 in order to help departments continue to recruit and retain volunteer personnel.

The lawmakers’ effort is supported by the Fraternal Order of Police, the National Association of Police Organizations, the Federal Law Enforcement Officers Association, the International Association of Fire Fighters, the National Volunteer Fire Council, and the Congressional Fire Services Institute.

The full text of the letter is available here and below. 

Dear Leader McConnell and Leader Schumer: 

We appreciate your work to provide support for our nation’s police officers, firefighters, and emergency medical services (EMS) personnel in the Coronavirus Aid, Relief, and Economic Security Act.  However, additional assistance is needed during this crisis.  As Congress considers further legislation in response to the COVID-19 pandemic, we urge you to include additional support for our nation’s first responders who work in some of the highest risk occupations for COVID-19 exposure.^[i]  First responders are routinely in physical contact with potentially infected persons and are facing unprecedented volumes of dispatch calls in severely impacted areas.^[ii]

A short supply of personal protective equipment (PPE) for first responders to guard against disease exposure has left many police officers, firefighters, and EMS personnel exposed to the dangers of this crisis.  This has resulted in too many first responders across our nation contracting COVID-19 and being forced to self-quarantine, which has led to staffing shortages.^[iii]  As of April 1, more than 1,400 New York City Police Department employees have contracted COVID-19, with 6,100 in total in quarantine, and 282 New York City Fire Department employees have contracted COVID-19, with 950 in total in quarantine.^[iv]  While New York City is the current epicenter of the U.S. outbreak, many other cities and states with developing outbreaks such as New Jersey, Florida, Detroit, Seattle, Washington D.C., and several additional states and cities across the nation^[v] have reported a significant number of first responders contracting COVID-19 or requiring self-quarantine.

As this outbreak continues, many more first responders will undoubtedly contract COVID-19 or be forced to self-quarantine.  To support our nation’s police officers, firefighters, and EMS personnel serving on the front lines of this pandemic, we urge action on the below items.  

• Bolster Assistance to Firefighter Grant, Staffing for Adequate Fire and Emergency Response (SAFER), and Department of Justice grant funding, including for the Community Oriented Policing Services program, so that state and local police, fire, and EMS departments can access resources to purchase and be reimbursed for PPE and other COVID-19 related expenses, recruit and retain employees and volunteers, and cover overtime, backfill costs, authorized hazard pay, and COVID-19-related paid sick leave during the crisis.
• Require that the Secretary of the Department of Homeland Security waive the cost share and maintenance of expenditure requirements for Assistance to Firefighter Grants for reimbursement of COVID-19-related expenses through FY21. 
• Require that the Secretary of the Department of Homeland Security grant waivers to SAFER grant recipients for employee retention to aid staffing shortages through FY21.  In addition, any legislation should retroactively require that the Secretary grant such waivers for FY19 and FY20 SAFER funds. 
• Waive the prohibition on hazard pay for federal firefighters under 5 U.S.C. §?5545b(d)(1) for purposes of COVID-19 response, provide funding to federal agencies sufficient to cover hazard pay to frontline federal firefighters and law enforcement officers when appropriate, extend overtime pay to U.S. Probation Officers, and waive the federal firefighter and law enforcement officer overtime cap under 5 U.S.C. §?5547.
• Address the gap in paid sick leave coverage for first responders by requiring that the employing agency, not the employee, provide up to 80 hours of paid sick leave should these departments order the employee to self-quarantine in accordance with Centers for Disease Control and Prevention guidelines due to potential COVID-19 exposure.
• Create a presumption in the Public Safety Officers’ Benefits Program that a public safety officer’s infection of COVID-19 resulted from their employment to clearly establish eligibility for benefits due to the pandemic.
• Prevent the taxation of state and local incentives for volunteer firefighters and EMS personnel beyond 2020 in order to help departments continue to recruit and retain volunteer personnel. 

During a time of crisis, communities rely on local first responders as the first line of defense for protection and emergency response.  As you continue to develop further legislation in response to the COVID-19 pandemic, we urge you to include the above items so that our nation’s first responders can operate at full capacity as we fight the COVID-19 pandemic. 

Sincerely, 

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) joined Sen. Chris Van Hollen (D-MD) and seven of their Senate colleagues in urging the President to expand his use of Title III of the Defense Production Act (DPA) in order to dramatically increase domestic production capacity for personal protective equipment (PPE) and COVID-19 testing supplies. 

“An analysis by Harvard University researchers found that the United States must, at minimum and under the best-case scenario, double the number of tests being conducted each week,” wrote the Senators. “In many cases, even when state and local governments are able to get some supplies into the hands of their frontline medical personnel, they go unused because of shortages in other key supplies.” 

They continued, “Congress appropriated $57.6 billion to address critical needs such as these, including $16 billion to purchase medical supplies for distribution through the Strategic National Stockpile and at least $11 billion to support efforts to expand testing by states, localities, and tribes. But it is clear that these widespread shortages will not be fully resolved until the nation’s production capacity can be dramatically scaled up, and despite unprecedented global demand, private sector companies have been reticent to expand production capacity without support and direction from the federal government. For that reason, is imperative that the federal government fully use its authority to support and expand production of PPE and testing supplies.”

Section 301 and 302 of Title III authorize the President to reduce current or projected shortfalls of industrial resources, critical technology items, or essential materials needed for national defense purposes. Meanwhile, Section 303 gives the President the authority to create, maintain, protect, expand, or restore domestic industrial base capacity, which includes purchasing or making purchase commitments of industrial resources or critical technology items, making subsidy payments for domestically produced materials, and installing and purchasing equipment for government and privately-owned industrial facilities to expand their production capacity.

In their letter, the Senators note that Title III has only been used twice by the government to respond to this health crisis and urge the President to immediately expand production and deliveries of PPE and testing supplies by using Title III of the Defense Production Act and any other appropriate authority.

Sen. Warner has long called for an increase in testing and PPE production in the Commonwealth. In March, he joined his colleagues in introducing the Free COVID-19 Testing Act, legislation that would expand free tests to confirm coronavirus (COVID-19) infections. He has also introduced legislation to require the president to utilize all available authorities under the Defense Production Act to mobilize a federal response to the pandemic through an equitable and transparent process. Additionally, he has pressed the Administration to outline how it plans to use Defense Production Act powers to increase production of testing supplies and equipment needed for the pandemic response. 

Joining Sens. Warner and Van Hollen on the letter are Sens. Angus King (I-ME), Gary Peters (D-MI), Kamala Harris (D-CA), Mazie Hirono (D-HI, Patrick Leahy (D-VT), Debbie Stabenow (D-MI), and Jack Reed (D-RI).

The full text of the letter is available here and below.

Dear President Trump: 

We write in response to the release of your administration’s blueprint for State testing plans and rapid response programs to urge you to broaden your use of Title III of the Defense Production Act (DPA) and other appropriate authorities to expand domestic production capacity for personal protective equipment (PPE) and COVID-19 testing supplies.

On April 27, you announced that your administration had “successfully scaled a robust testing regime that is able to meet the massive needs of a nationwide pandemic.” On the same day, an analysis by Harvard University researchers found that the United States must, at minimum and under the best-case scenario, double the number of tests being conducted each week. Nationwide shortages continue to prevent the United States from conducting enough tests to safely reopen.

In many cases, even when state and local governments are able to get some supplies into the hands of their frontline medical personnel, they go unused because of shortages in other key supplies. In Maryland, for example, the state has secured a large number of testing kits, but the kits cannot be used without the necessary swabs and viral transport media—both of which have been in short supply.

Similarly, the nation continues to face critical shortages of PPE. This has led to dangerous rationing and efforts by medical providers to disinfect, reuse, or fashion their own equipment. Reports from across the country paint a bleak picture: staff at the Henry Ford Health System in Michigan made their own face shields using plastic sheets, elastic bands, and tongue depressors. Providence Health in Washington did the same using supplies from Home Depot. Elsewhere, medical staff are soliciting donations of homemade cloth masks and constructing makeshift decontamination systems to reuse their PPE.

Before any state in the country can reopen responsibly, PPE and testing needs must be met. Congress appropriated $57.6 billion to address critical needs such as these, including $16 billion to purchase medical supplies for distribution through the Strategic National Stockpile and at least $11 billion to support efforts to expand testing by states, localities, and tribes. But it is clear that these widespread shortages will not be fully resolved until the nation’s production capacity can be dramatically scaled up, and despite unprecedented global demand, private sector companies have been reticent to expand production capacity without support and direction from the federal government. For that reason, is imperative that the federal government fully use its authority to support and expand production of PPE and testing supplies.

Section 301 and 302 of Title III authorize you to issue loan guarantees and direct loans to reduce current or projected shortfalls of industrial resources, critical technology items, or essential materials needed for national defense purposes. Section 303 grants you a range of authorities to create, maintain, protect, expand, or restore domestic industrial base capacity. These include purchasing or making purchase commitments of industrial resources or critical technology items, making subsidy payments for domestically produced materials, and installing and purchasing equipment for government and privately owned industrial facilities to expand their production capacity. In short, these authorities allow you to provide a company the financing and equipment they need to expand their production capacity and guarantee a buyer for their products once that capacity comes online. 

As part of the CARES Act, Congress appropriated $1 billion for the primary purpose of expanding domestic production of medical supplies to respond to COVID-19. We appreciated your executive order on March 27, 2020 to delegate authority to the Secretaries of Health and Human Services and Homeland Security, allowing each to make use of DPA Title III to expand production capacity. However, to date, Title III has been used just twice as part of the government’s response to the COVID-19 pandemic. On April 11, 2020, the Department of Defense announced that it would use Title III to secure a $133 million investment resulting in the production of 39 million additional N95 masks. On April 29, DOD announced a Title III award to expand the production of swabs by Puritan Medical Supplies in Maine.

These measures are totally inadequate to meeting the challenge we face. This crisis requires faster, more coordinated action to limit loss of life in the near term and over the next year. We urge you to act immediately to expand production and deliveries of PPE and testing supplies using Title III of the Defense Production Act and any other appropriate authority.

Sincerely,

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WASHINGTON – Today, U.S. Sens. Mark R. Warner (D-VA), Tim Kaine (D-VA), Michael Bennet (D-CO), Sherrod Brown (D-OH), and Jack Reed (D-RI) sent a letter to the U.S. Department of Veterans Affairs (VA) pushing for more information regarding the personal protective equipment (PPE) available to its employees at hospitals, clinics and other facilities during the COVID-19 health crisis, as well as whether the Centers for Disease Control (CDC) guidelines are sufficient enough to protect its employees. The Senators are raising the alarm following reporting that indicates a serious shortage of PPE at VA facilities across the country, directly contradicting VA leadership’s claim that they have enough PPE at their facilities. In addition, the Senators have heard directly from their constituents who are VA facility employees concerned for their well-being while on-the-job.

“We write to request information about the use of personal protective equipment (PPE) by Department of Veterans Affairs (VA) employees at hospitals, clinics, and other facilities, and whether the VA’s guidance to its employees, based on guidelines from the Centers for Disease Control and Prevention (CDC), is sufficiently robust in safeguarding staff. With more than 1,600 positive COVID-19 cases among VA staff nationwide, and more than a dozen employee deaths, the Department must take every possible action to protect staff and veterans,” the Senators wrote in a letter to VA Secretary Robert Wilkie.

According to the VA, they have instructed their employees to adhere to the CDC guidelines, which allows for the reuse of single-use masks for multiple days, as well as the ability to disinfect and reuse those masks. However, some VA staff who are not interacting directly with COVID-19 patients are working without PPE.

“The Wall Street Journal reports that VA internal memos caution that a ‘serious shortage’ of PPE masks exists and rationing may be reduced to one mask per day for providers. Additional Wall Street Journal reporting suggests that the Department has only a two-week PPE supply and workers must use the same mask as they move from patient to patient. We have also heard from a number of our constituents who are employees at VA facilities, who think they are not being provided adequate PPE in their jobs and fear for their personal health and safety. Employees report being asked to use one N95 mask for up to a week, which manufacturers recommend be changed each shift at a minimum. These employees report that they are being asked to store surgical or procedural masks in paper bags, and that some masks begin disintegrating after too many days of use,” they continued.

In their letter, the Senators underscored the need for VA medical facility staff, as well as clinical and administrative employees, to have the appropriate PPE to protect their health and the health of the veterans they serve during the current health crisis. Following recent reporting that some VA employees are being penalized for following guidance from public health authorities, the Senators are also calling on the VA to allow flexibility for their employees by providing administrative leave if required to self-quarantine.

Additionally, the Senators requested answers to the following questions:

• Are VA healthcare providers using the same PPE for multiple encounters with patients, even though these devices are not approved by the Food and Drug Administration for reuse?
• How many medical facilities have instituted PPE rationing processes that require providers to use single-use PPE for multiple patients?
• How often are employees being provided new PPE, including masks, at these facilities?
• Are VA facilities relying on CDC guidance regarding the extended use of PPE to modify standards, ration equipment, or determine that adequate PPE supplies exist?
• If single-use masks are used for multiple patients, what procedures are in place to protect both provider and patient health?
• What is the maximum number of patients that providers are permitted to care for while using the same single-use PPE?
• If sufficient essential supplies are present, do providers need to reuse single-use PPE or use PPE for extended periods?
• If single-use PPE must be reused, what methods for decontamination and reuse are being followed?
• Of the $14.4 billion included in the CARES Act for PPE, please provide us with a breakdown of how much has VA spent on  PPE supplies and equipment. And if additional funding is required, has Congress been explicitly notified of this need?
• Have multiple-use face masks or other alternatives designed for routine decontamination been considered instead of single-use PPE?

• If PPE levels are not sufficient, what is the VA’s plan to ensure large-scale national-level PPE purchases and distribution to facilities in-need?

A copy of the letter can be found here and below.

The Honorable Robert Wilkie

Secretary of Veterans Affairs

U.S. Department of Veterans Affairs

810 Vermont Avenue NW

Washington, D.C. 20420

Dear Secretary Wilkie: 

We write to request information about the use of personal protective equipment (PPE) by Department of Veterans Affairs (VA) employees at hospitals, clinics, and other facilities, and whether the VA’s guidance to its employees, based on guidelines from the Centers for Disease Control and Prevention (CDC), is sufficiently robust in safeguarding staff. With more than 1,600 positive COVID-19 cases among VA staff nationwide, and more than a dozen employee deaths, the Department must take every possible action to protect staff and veterans. 

We understand from media reports, as well as discussions with VA employees and leadership, that the VA is adhering to CDC guidelines, which allows for the reuse of single-use masks for multiple days, disinfecting and reusing masks, and no masks for some staff who are not interacting directly with COVID-19 patients. VA leadership has asserted that they have enough PPE at their facilities and that their employees have access to the necessary PPE, given these guidelines. We are concerned that this guidance may be driven not by best practices for VA staff and patients, but by PPE shortages throughout the system. 

The Wall Street Journal reports that VA internal memos caution that a “serious shortage” of PPE masks exists and rationing may be reduced to one mask per day for providers. Additional Wall Street Journal reporting suggests that the Department has only a two-week PPE supply and workers must use the same mask as they move from patient to patient. We have also heard from a number of our constituents who are employees at VA facilities, who think they are not being provided adequate PPE in their jobs and fear for their personal health and safety. Employees report being asked to use one N95 mask for up to a week, which manufacturers recommend be changed each shift at a minimum. These employees report that they are being asked to store surgical or procedural masks in paper bags, and that some masks begin disintegrating after too many days of use.

In addition, Government Executive recently reported that some VA medical facility staff are not permitted to wear masks. A medical support assistant was placed on absent without leave status when she stayed home with symptoms consistent with COVID-19 while waiting several weeks for test results. Upon being able to return to work she was prohibited from wearing a mask until the VA later provided one mask per week.

Ensuring that VA medical facility staff, as well as clinical and administrative employees, have the appropriate PPE to protect their health and the health of the veterans they serve is essential to countering the pandemic. Additionally, when staff take the appropriate steps to self-quarantine, VA should provide them with administrative leave and not require them to deplete their own sick leave bank.

To ensure VA staff are protected and that transparent information is available about PPE supplies, we ask that you provide a response to the following questions:

• Are VA healthcare providers using the same PPE for multiple encounters with patients, even though these devices are not approved by the Food and Drug Administration for reuse?
• How many medical facilities have instituted PPE rationing processes that require providers to use single-use PPE for multiple patients?
• How often are employees being provided new PPE, including masks, at these facilities?
• Are VA facilities relying on CDC guidance regarding the extended use of PPE to modify standards, ration equipment, or determine that adequate PPE supplies exist?
• If single-use masks are used for multiple patients, what procedures are in place to protect both provider and patient health?
• What is the maximum number of patients that providers are permitted to care for while using the same single-use PPE?
• If sufficient essential supplies are present, do providers need to reuse single-use PPE or use PPE for extended periods?
• If single-use PPE must be reused, what methods for decontamination and reuse are being followed?
• Of the $14.4 billion included in the CARES Act for PPE, please provide us with a breakdown of how much has VA spent on  PPE supplies and equipment. And if additional funding is required, has Congress been explicitly notified of this need?
• Have multiple-use face masks or other alternatives designed for routine decontamination been considered instead of single-use PPE?

• If PPE levels are not sufficient, what is the VA’s plan to ensure large-scale national-level PPE purchases and distribution to facilities in-need?

We ask that you take all necessary steps to ensure that VA employees have the resources and guidance required for their safety and the safety of our veterans. We stand ready to help and appreciate your candor and consideration.   

Sincerely,

###

WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) joined Sen. Dick Durbin (D-IL) and 16 Senators in a letter to Senate Majority Leader Mitch McConnell (R-KY) and Senate Democratic Leader Chuck Schumer (D-NY) to ensure that any forthcoming COVID-19 legislation includes robust federal subsidies so that individuals who lose their job as a result of this pandemic can maintain their employer-sponsored health coverage. 

One option for Americans who lose their jobs, or drop below the hours necessary to be eligible for employer-sponsored health coverage, is COBRA. COBRA allows people to keep the employer-sponsored coverage that they selected for up to 18 months.  However, instead of having employers contribute to the premium costs, individuals are responsible for having to pay the full insurance premium themselves—an average of $1,700 a month for a family plan—which is often unaffordable for those newly unemployed.  In today’s letter, the Senators called on Congress to craft a bill that provides a robust federal COBRA premium subsidy for individuals who would otherwise lose their employer-sponsored coverage as a result of the COVID-19 pandemic.

“Allowing families to maintain the coverage they previously selected will help ensure continuity of care and limit disruption for both families and employers as our economy gets back on track,” the Senators wrote.  “We stand ready and eager to work with you to ensure that the next COVID-19 relief package includes this important policy, which will ensure that millions of people losing their jobs as a result of this pandemic will not also suddenly become uninsured and at risk for catastrophic health care costs.” 

In the U.S., over half of Americans receive their health coverage through their employer.  Depending on the extent of unemployment as a result of the coronavirus pandemic, between 23 to 35 million workers could end up losing their employer-based health care coverage. 

Along with Durbin, today’s letter is also signed by Senators Amy Klobuchar (D-MN), Tom Carper (D-DE), Jeanne Shaheen (D-NH), Sherrod Brown (D-OH), Jacky Rosen (D-NV), Catherine Cortez Masto (D-NV), Bob Menendez (D-NJ), Jack Reed (D-RI), Doug Jones (D-AL), Jeff Merkley (D-OR), Dianne Feinstein (D-CA), Michael Bennet (D-CO), Tammy Duckworth (D-IL), Debbie Stabenow (D-MI), Richard Blumenthal (D-CT), and Brian Schatz (D-HI). 

Full text of the letter is available here and below:

Thank you for your efforts to date to ensure swift passage of multiple bipartisan pieces of legislation vital to helping our nation’s families, health care providers, and small businesses cope with the ongoing COVID-19 pandemic. Looking forward, we recognize that additional legislation will be necessary to improve the public health and America’s ailing economy. To that end, we strongly urge you to ensure that any forthcoming COVID-19 package include robust federal subsidies so that individuals can maintain on their employer-sponsored health coverage when they lose their jobs.

Over the last three weeks, approximately seventeen million people have filed unemployment claims in their state. However, this unprecedented number of filings only reflects claims filed through April 4. Many more Americans are likely out of work, or soon will be, because of the COVID-19 pandemic. Forecasters predict that as many as 20 million people could lose their jobs by the end of April. Compounding this problem is the fact that unemployment for these individuals and their families will also mean they will lose their existing employer-sponsored health insurance. 

In the U.S., over half of Americans receive their health coverage through their employer. Of the seventeen million Americans who have recently lost their jobs due to COVID-19, it is estimated that more than six million of these individuals have also lost their employer-sponsored health care. Depending on the extent of unemployment, between 23 to 35 million workers could lose their coverage.  

One option for Americans who lose their jobs, or drop below the hours necessary to be eligible for employer-sponsored health coverage, is COBRA. COBRA allows people to keep the employer-sponsored coverage that they selected for up to 18 months. However, people have to pay the full insurance premium—an average of $1,700 a month for a family plan—which is often unaffordable for those newly unemployed. Congress must step in and assist these individuals and families.

Following the 2008 financial crisis, the American Recovery and Reinvestment Act of 2009 (ARRA) was signed into law, which made COBRA continuation coverage more affordable and accessible to those who unexpectedly became unemployed. The law offered a 65 percent COBRA premium subsidy to individuals from September 1, 2008 to May 31, 2010. While well-intentioned and helpful to some, many individuals were unable to participate in the program because the remaining 35 percent insurance costs were still too expensive for them to cover.

We have heard from our constituents, as we know you have too. They are in dire economic circumstances. Despite government relief—in the form of extending monthly bill deadlines and increasing unemployment insurance—it will not be enough for most Americans to continue affording the health insurance policy they and their families elected through their employer’s plan. Allowing families to maintain the coverage they previously selected will help ensure continuity of care and limit disruption for both families and employers as our economy gets back on track. In order to provide our constituents adequate relief and to improve upon ARRA’s COBRA provision, we believe Congress must craft a bill that provides a robust federal COBRA premium subsidy for individuals who would otherwise lose their employer-sponsored coverage as a result of the COVID-19 pandemic.

We stand ready and eager to work with you to ensure that the next COVID-19 relief package includes this important policy, which will ensure that millions of people losing their jobs as a result of this pandemic will not also suddenly become uninsured and at risk for catastrophic health care costs. 

Sincerely,

###

WASHINGTON - U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) joined Sen. Elizabeth Warren to introduce the bicameral Equitable Data Collection and Disclosure on COVID-19 Act. The bill would require the Department of Health and Human Services (HHS) to collect and report racial and other demographic data on COVID-19 testing, treatment, and fatality rates, and provide a summary of the final statistics and a report to Congress within 60 days after the end of the public health emergency. It would require HHS to use all available surveillance systems to post daily updates on the CDC website showing data on testing, treatment, and fatalities, disaggregated by race, ethnicity, sex, age, socioeconomic status, disability status, county, and other demographic information. 

The legislation comes as reports across the United States point to stark racial disparities in COVID-19 cases and fatalities. In Michigan, Black residents account for 33% of confirmed COVID cases and 40% of fatalities, despite making up only 14% of the state’s population.  In Louisiana, 70% of those who have died from COVID-19 so far are Black, compared with 32% of the state’s population. Initial data from Boston shows that among people whose race was reported, more than 40% of people infected were Black, compared with only 25% of the population.

“It’s deeply troubling that the coronavirus is disproportionately impacting communities of color. It’s imperative that we get data to help us understand the scope of this crisis and take action to reduce racial disparities,” the Senators said.

Specifically, the Equitable Data Collection and Disclosure on COVID-19 Act would require the reporting of the following data disaggregated by race, ethnicity, sex, age, socioeconomic status, disability status, county, and other demographic information:

• Data related to COVID-19 testing, including the number of individuals tested and the number of tests that were positive.
• Data related to treatment for COVID-19, including hospitalizations and intensive care unit admissions and duration;
• Data related to COVID-19 outcomes, including fatalities.

The legislation would also authorize $50 million in funding for the CDC, state public health agencies, the Indian Health Service, and other agencies to improve their data collection infrastructure and create an inter-agency commission to make recommendations on improving data collection and transparency and responding equitably to this crisis. 

The Equitable Data Collection and Disclosure on COVID-19 Act is endorsed by the National Urban League, Lawyer’s Committee on Civil Rights, Asian & Pacific Islander American Health Forum and National Action Network. In the House, the legislation is being introduced by Representative Ayanna Pressley (D-MA-07), Chair of the Congressional Black Caucus Health Braintrust Representative Robin Kelly (D-IL-02), Chair of the Congressional Black Caucus Representative Karen Bass (D-CA-37), Representative Barbara Lee (D- CA-13), and is co-sponsored by 80 of their colleagues. 

Warner and Kaine also joined their colleagues in sending a letter to Vice President Pence regarding the racial health disparities among COVID-19 patients. The letter highlights racial disparities in the mortality rate of the virus, calls for disaggregated racial data in COVID-19 case reporting, asks the Administration for more information on its outreach to minority communities, and requests that COVID-19 vaccine and drug trials include diverse participants. 

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA), a member of the Senate Finance Committee, joined his Senate Democratic colleagues in pressing the U.S. Department of Labor (DOL) to ensure workers Congress intended to be covered by the Pandemic Unemployment Assistance Program receive the benefits they deserve. The program, which was established in the CARES Act, is intended to make sure that individuals who would normally not qualify for unemployment benefits under state law, but are currently unemployed, unable, or unavailable to work as a direct result of the COVID-19 health crisis, are eligible to receive unemployment compensation.

“[P]arts of the guidance appear narrow or ambiguous, which could make states think they need to exclude workers who Congress clearly intended to receive unemployment compensation through the Pandemic Unemployment Assistance (PUA) program,” wrote the Senators in their letter to Secretary of Labor Eugene Scalia.

In the letter, the Senators are requesting the Department of Labor clarify its guidance pertaining to workers who have been diagnosed with COVID-19 without receiving a test, workers with COVID-19 who take time off of work, workers without child care options in summer months, workers unable to get to work due to stay-at-home orders, workers with underlying health conditions like asthma, and self-employed workers like gig workers who are unable to work due to plummeting demand for their services.

Earlier this month, Sen. Warner sent a letter to Secretary Scalia calling on the federal agency to streamline the Pandemic Unemployment Assistance (PUA) process by issuing additional, more comprehensive guidance to states so they can quickly implement the unemployment provisions in the CARES Act and ensure that gig workers are able to access unemployment benefits in the midst of the growing economic emergency. Among other recommendations, the letter called on the Department of Labor to take the lead with innovative technological solutions for administration of the PUA that states could use in order to facilitate the process and limit the need to stand up new state-level solutions.

In addition to Sen. Warner, today’s letter was led by Sen. Ron Wyden (D-OR), Minority Leader Chuck Schumer (D-NY) and co-signed by Sens. Patrick Leahy (D-VT), Sherrod Brown (D-OH), Patty Murray (D-WA), Chris Van Hollen (D-MD), Michael Bennet (D-CO), Ed Markey (D-MA), Doug Jones (D-AL), Sheldon Whitehouse (D-RI), Angus King (D-VT), Bob Menendez (D-NJ), Cory Booker (D-NJ), Ben Cardin (D-MD), Kirsten Gillibrand (D-NY), Mazie Hirono (D-HI), Amy Klobuchar (D-MN), Tom Carper (D-DE), Richard Blumenthal (D-CT), Debbie Stabenow (D-MI), Tina Smith (D-MN), Tammy Duckworth (D-IL), Bob Casey (D-PA), Elizabeth Warren (D-MA), Bernie Sanders (I-VT), Dianne Feinstein (D-CA), Dick Durbin (D-IL), Jeff Merkley (D-OR), Jack Reed (D-RI), Catherine Cortez Masto (D-NV), Jacky Rosen (D-NV), Maria Cantwell (D-WA), and Tom Udall (D-NM). 

A copy of the letter can be found here and below. A list of Sen. Warner’s work to protect Americans amid the COVID-19 outbreak is available here.

The Honorable Eugene Scalia

Secretary of Labor

U.S. Department of Labor

200 Constitution Ave. NW

Washington, DC 20210

Dear Secretary Scalia: 

Thank you for entering into agreements with states and territories and issuing some of the key guidance needed to implement new federal unemployment compensation programs on April 4 and April 5, 2020 (Unemployment Insurance Program Letter [UIPL] Numbers 15-20 and 16-20). This guidance is essential to start getting more unemployment benefits to workers across the country, including self-employed and other workers who are not covered by the traditional Unemployment Insurance (UI) program. 

We understand that the examples of covered workers provided in the guidance are not intended to be exhaustive. However, parts of the guidance appear narrow or ambiguous, which could make states think they need to exclude workers who Congress clearly intended to receive unemployment compensation through the Pandemic Unemployment Assistance (PUA) program.

We request that the Department of Labor (the Department) issue additional guidance on the issues described below no later than Friday, April 17. Understanding that you are still working diligently to release guidance for several CARES Act programs, if you are unable to issue clarifying guidance by Friday, April 17, we request a written response to this letter providing a timeline for issuing clarifying guidance and detailing how you intend to address these issues.

1. The Department’s guidance for sections 2102(a)(3)(A)(ii)(I)(aa), (bb), and (ff) reference circumstances under which an individual testing positive for COVID-19 is a possible qualification for a person receiving PUA. In the CARES Act, Congress deliberately used language referring to a “diagnosis” rather than “tested positive”, knowing testing shortages, delays in test results, and guidance instructing people to stay home rather than travel to medical facilities could make testing-based criteria difficult to meet. Furthermore, if someone suspects they have COVID-19 but can care for themselves at home, the Centers for Disease Control and Prevention (CDC) recommends they recover at home to avoid infecting others.  

We are pleased that the language in the Department’s guidance says that someone may qualify for PUA if they have tested positive or received a diagnosis, but we request that the Department make crystal clear that while a positive test would be sufficient to qualify for PUA under these provisions, a qualifying diagnosis never requires a positive test. Any diagnosis from a health care provider, including one made via phone or telehealth, is also sufficient for a person to qualify for PUA.  

2. The two examples provided in UIPL 16-20 Attachment I (C)(1)(a) of the guidance for an individual who might qualify for unemployment benefits under section 2102(a)(3)(A)(ii)(I)(aa) of the CARES Act based on their own illness both involve an individual who must quit a job. This provision of the CARES Act also covers any individual who is forced to take unpaid time off work for the reasons described, regardless of whether their employment relationship is formally severed. The guidance should be clarified to ensure that such individuals are covered. 

3. Section 2102(a)(3)(A)(ii)(I)(dd) of the CARES Act says an individual may qualify for PUA if “a child or other person in the household for which the individual has primary caregiving responsibility is unable to attend school or another facility that is closed as a direct result of the COVID–19 public health emergency and such school or facility care is required for the individual to work.” The guidance in UIPL 16-20 Attachment I (C)(1)(d) provides accurate examples of situations in which a caregiver could qualify for PUA under this provision.

However, the guidance later states that “a school is not closed as a direct result of the COVID-19 public health emergency, for purposes of section 2102(a)(3)(A)(ii)(I)(dd), after the date the school year was originally scheduled to end.” Many families rely on child care, summer camp, or other facilities (including school facilities) to care for their children in the summer and those facilities may remain closed as a result of COVID-19. The guidance should be clarified to confirm that individuals may qualify under section 2102(a)(3)(A)(ii)(I)(dd) during the summer months, for families that rely on any of those facilities.

4. Section 2102(a)(3)(A)(ii)(I)(ee) of the CARES Act says that an individual who is “unable to reach the place of employment because of a quarantine imposed as a direct result of the COVID–19 public health emergency” may qualify for PUA. The example of a quarantine provided in UIPL 16-20 Attachment I (C)(1)(e) of the Department’s guidance describes “a state or municipal order restricting travel” preventing an individual from getting to work. We are concerned that using the language of “restricting travel” may be too narrow to capture all of types of quarantine orders that are covered under this provision of the CARES Act. The guidance should clarify that such an order includes any stay-at-home, shelter-in-place, social distancing, or other order that requires individuals to stay home in quarantine to reduce the spread of COVID-19.

Similarly, UIPL 16-20 Attachment I (C)(1)(g) references a “state or municipal order restricting travel” with respect to section 2102(a)(3)(A)(ii)(I)(gg) of the CARES Act. This should also be clarified as described above.

5. Section 2102(a)(3)(A)(ii)(I)(ff) of the CARES Act says that an individual who is “unable to reach the place of employment because the individual has been advised by a health care provider to self-quarantine due to concerns related to COVID–19” may qualify for PUA. The examples specified in the Department’s guidance describe a person who suspects they are infected with COVID-19 and a person who is immune-compromised because of a serious health condition.  

The reference to a person “whose immune system is compromised by virtue of a serious health condition” in the guidance does not cover the wide range of reasons a health care provider may advise self-quarantine. For example, while the CDC considers older Americans more at risk of serious complications from COVID-19, states may not think they are covered under Department’s guidance. Furthermore, workers with certain health conditions (such as a respiratory condition) may not technically have a compromised immune system but would be at increased risk from COVID-19 and may need to self-quarantine. As we learn more about COVID-19, we may discover that there are other populations at risk too.

The Department needs to clarify that anyone advised by a health care provider to self-quarantine due to increased risk of COVID-19 should be covered by PUA, regardless of the underlying reason for their increased risk.

6. We are pleased that the Secretary established additional criteria under section 2102(a)(3)(A)(ii)(I)(kk) of the CARES Act to clarify that self-employed individuals such as independent contractors who may not have one specific place of employment are covered by PUA, in keeping with the intent of the legislation. While we believe that such workers are covered by the text of the law, we appreciate the Department’s action to eliminate ambiguity and ensure these workers receive benefits.

However, to avoid any confusion about who should qualify under UIPL 16-20 Attachment I (C)(1)(k), the Department must clarify that an independent contractor who is unable to work and forced to suspend work activities because there is reduced demand for their services also qualifies for PUA benefits. Many independent contractors have seen demand for their services dry up as a direct result of COVID-19. In the example of a ride share driver, a driver should be able to claim PUA when they are forced to suspend their work because there are too few customers seeking rides. For an independent contractor, losing many or all of their customers overnight is analogous to an employee being laid off by an employer, or, as the Department’s guidance notes, their “place of employment” being closed. Congress created the PUA program with the intent to cover workers like independent contractors and gig workers who may not have traditional employment relationships, but who have suddenly lost their livelihoods during this time of crisis. We believe that that the CARES Act definitively covers such workers, and the Department should clarify its guidance to reflect this.

7. The Department’s guidance says that “States should bear in mind that many of the qualifying circumstances described in section 2102(a)(3)(A)(ii)(I) are likely to be of short term duration.” Although we agree that some individuals may qualify for PUA for only a short period, many applicants will rely on PUA for longer periods, especially if this public health crisis persists. Furthermore, the way an individual qualifies for PUA may vary from week to week. For example, someone could first qualify if they get sick with COVID-19, then their child’s school may close as they recover, and they would qualify based on the new circumstance.

The Department’s guidance should encourage states to consider this as they create PUA application systems. It would be inefficient for both the claimant and the state workforce agency if individuals have to file a new initial application each time their qualifying circumstance changes. Individuals continue to qualify for benefits as long as they continue to meet at least one of the qualifying circumstances described in section 2102(a)(3)(A)(ii)(I), even if the precise provision under which they qualify changes.

8. We have heard conflicting reports of whether the Department’s guidance allows for the addition of the $600 federal supplement to PUA benefits in U.S. territories that do not have UI programs. The guidance the Department has issued for Federal Pandemic Unemployment Compensation and PUA is ambiguous on this matter.

Section 2102(d) of the CARES Act says that for an individual who lives in these territories, “the assistance authorized under subsection (b) for a week of unemployment shall be calculated in accordance with section 625.6 of title 20, Code of Federal Regulations, or any successor thereto, and shall be increased by the amount of Federal Pandemic Unemployment Compensation under section 2104.” This language makes clear that the “amount of Federal Pandemic Unemployment Compensation” ($600) should be included in the PUA benefit amount for anyone qualifying for PUA in any of the territories. We would appreciate if the Department would clarify this matter to facilitate the administration and payment of benefits in these territories.

In addition to the concerns we have raised above, we know that states will have additional questions as they continue to implement PUA and other CARES Act programs. We urge the Department to respond to questions from states as quickly as possible to avoid causing any delay in the processing of benefits.

Thank you for your attention to this important matter.

Sincerely,

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) joines Sens. Gary Peters (D-MI), Maggie Hassan (D-NH), Chris Murphy (D-CT), Tim Kaine (D-VA) and the Senate Democratic Caucus in raising serious concerns about the Trump Administration’s reliance on private companies to distribute desperately needed medical supplies during the Coronavirus pandemic. Although the President has declared a national emergency and mobilized the Federal Emergency Management Agency (FEMA) to help distribute supplies, FEMA is currently relying on private companies to distribute masks, N95 respirators, gowns, gloves and other critical supplies to states, without clear guidance from the federal government on which areas or facilities should be prioritized. This practice raises serious questions about the use of taxpayer dollars, the government authorities delegated to private companies, and if their involvement could result in supplies not being delivered to the areas that need it most. 

“While we agree that the existing supply chains and unique capabilities of the commercial market should be used to the greatest extent practicable, the process the task force has decided to use is, at best, opaque and inefficient,” the Senators wrote. “We are concerned that the federal government is using taxpayer dollars to bring supplies to the United States, just to have six private distributors step in and sell those very supplies to desperate states, tribes and health care systems for a profit. In the private market, states, tribes, federal agencies, hospitals, and other entities must all compete for the same supplies, where resources are allocated according to existing commercial relationships or the highest bidder instead of greatest need.”

In a letter, the Senators expressed concern that, without sufficient oversight, the Administration’s strategy for distributing medical supplies is vulnerable to waste, fraud, and abuse. Currently, only half of the supplies procured by the federal government are distributed to areas considered to be “hotspots” by medical experts, with the other half left to commercial distributors to deliver wherever they choose. Earlier this month, the Department of Defense transferred more than 5 million desperately needed N95 respirators to FEMA, which then turned them over to private companies for distribution, rather than working with state emergency management offices to coordinate delivery to localities with the greatest need. The Senators raised concerns that private businesses’ commercial interests could lead to allocation according to the highest bidder, rather than on a basis of need.

The Senators requested detailed information on how private distributors are allocating medical supplies to Coronavirus hotspots through programs like “Project Airbridge,” and how the Administration is using its authorities under the Defense Production Act to guide distribution efforts. The Senators are also seeking information on the oversight efforts conducted by FEMA – including details on how the federal government is ensuring the delivery of supplies to communities with the greatest need and the Administration’s strategy to prevent favoritism or price gouging by private companies. 

Text of the letter is copied below and available here: 

WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) released the following statement after voting in favor of a $2 trillion bipartisan package to provide financial relief to businesses and families as well as hospitals and local governments during the novel coronavirus (COVID-19) pandemic: 

“This is not the first step Congress has taken to deal with the COVID-19 pandemic, nor will it be the last. This bill provides significant financial relief to our families and businesses struggling with the effects of widespread closures and other public health measures. It greatly expands access to unemployment benefits – including, for the first time, gig workers, contractors and the self-employed –  and includes tax credits and other incentives I negotiated with the Trump Administration to help small businesses keep workers on payroll and keep them from going out of business during this crisis. This bipartisan bill also includes a massive infusion of resources for hospitals, frontline caregivers, and states and localities dealing with the brunt of COVID-19. I strongly urge the House of Representatives to pass this bill without delay, so that we can get this urgently-required relief to those who so badly need it.

“This is a challenge unlike any we have faced in recent memory, but I believe that we as a country can and will get through this together. I will remain in close touch with state, local and health officials to ensure that we are doing everything possible to provide the resources needed to fight the coronavirus.”

Previously, the President signed a bipartisan $8.3 billion emergency funding bill that directed needed resources to federal, state and local agencies responding to coronavirus. This legislation immediately provided Virginia with $13.3 million in federal funding to help cover the costs of preparations for this public health emergency. It also included language based on Sen. Warner’s CONNECT for Health Act of 2019, which reduces restrictions on the use of telehealth for public health emergency response, as well as $500 million to facilitate its implementation.

On March 18, the President signed a second bipartisan coronavirus response bill that focused on the immediate economic impact of the coronavirus. This legislation expanded paid sick leave to many Americans, cut restrictions on unemployment insurance for workers who have lost their jobs or had their hours cut, and guaranteed freed coronavirus testing. It also included significant emergency funding for Medicaid, nutrition assistance, state unemployment programs, and coronavirus testing at Department of Veterans Affairs medical centers.

Today’s legislation provides for $1,200 in direct payments to most Americans, and includes billions of dollars in lending and grant programs designed to help businesses, workers and municipalities survive this crisis, along with strong transparency and accountability measures to make sure that federal funding doesn’t go towards stock buybacks or bonuses for corporate executives. Today’s bipartisan bill also provides for $150 billion for hospitals and other public health infrastructure, part of an unprecedented investment that Sen. Warner and other Democrats fought to include as our frontline responders struggle under the weight of the coronavirus pandemic. It also includes an important change to existing tax policy allowing employers, for the first time, to use pre-tax dollars to help pay down employees’ student debt – provision modeled after Sen. Warner’s bipartisan Employer Participation in Repayment Act.

A more comprehensive list of Sen. Warner’s work to protect Americans amid the coronavirus outbreak is available here.  

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WASHINGTON, D.C. – U.S. Senators Mark R. Warner and Tim Kaine joined their Democratic colleagues in a letter to President Donald J. Trump and Vice President Mike Pence demanding answers about supplies and equipment in the Strategic National Stockpile (SNS) critical to addressing the Coronavirus Disease 2019 (COVID-19) pandemic. The Senators asked the President and Vice President to confirm any relevant supply and equipment shortages in the SNS, to outline their strategy to close any such shortages, and to clarify how they plan to use Defense Production Act powers to increase production of supplies and equipment needed for the pandemic response. Senator Kaine also cosponsored legislation to expedite the procurement of medical equipment under the Defense Production Act to quickly produce and ensure access to supplies like Personal Protective Equipment (PPE) for health care workers on the frontlines of this pandemic.

“State, local, territorial, and tribal public health agencies are leading the response to the pandemic. These departments know their communities well and are making the best decisions they can to keep their citizens safe. However, our constituents working as health care providers and front line responders in hospitals, public health departments, and throughout their communities report the health care system is woefully under-resourced, especially in our rural, underserved areas and minority communities that are often overlooked. This problem is most acute with shortages of supplies and equipment that are desperately needed to test for and treat COVID-19 patients,” wrote the Senators in the letter.

The Senators continued, “Given the scale of the threat that COVID-19 poses to public health, responding to the outbreak is placing substantial strain on state, local, territorial, and tribal public health agencies’ already- limited resources. Furthermore, states and health care facilities who are trying to do as the President says and ‘get it yourself,’ find that the supply simply is not available. We urge you to be proactive and utilize the powers that you invoked on March 18, 2020, under the Defense Production Act (DPA) to mobilize private industry to manufacture the supplies and equipment needed to address this crisis.”

The Senators call on the President and Vice President to answer the following questions no later than March 24:

1. What is the current status of supplies in the Strategic National Stockpile (SNS) that may be used in the COVID-19 response? Please include data on which, and the number of, pharmaceuticals, personal protective equipment, and any other medical supplies currently in the SNS that may be utilized in the response.
2. What is the current nationwide status of supplies and equipment available to test for and treat COVID-19 and what is the quantity of supplies and equipment the administration has determined is necessary to fully provide states, local, and tribal organizations with what they need throughout the length of the pandemic? Please include the quantity of personal protective equipment (including N95 Respirators and Surgical Masks, gloves, gowns, face shields, eye protection), testing supplies (including reagents and swabs), and ventilators that is currently available and the quantity needed throughout the length of the pandemic.
3. What is the current total nationwide COVID-19 diagnostic testing capacity for public health, commercial, and academic laboratories per day? What is your plan to increase testing capacity? When will testing capacity be sufficient to be fully responsive to the current outbreak?
4. What is your plan to mobilize the private industry to manufacture supplies and equipment under the DPA and what is your timeline on invoking that power?
5. What is your plan for using the MEP network to identify manufacturers with excess or idle production capacity? What are your plans for organizing MEP (Hollings Manufacturing Extension Partnership) and National Institute of Standards and Technology expertise and resources to optimize production?

The letter is available HERE and below.

March 21, 2020

Dear President Trump and Vice President Pence:

We appreciate the work that has been done so far to ensure that the states, local governments, and tribal organizations we represent in the United State Senate get the supplies and equipment they need to respond to and prepare for the Coronavirus Disease 2019 (COVID-19). On February 28, 2020, the first patient in the United States died due to COVID-19, and since then many more have died and thousands have tested positive for the virus. More widespread testing will hopefully provide a clearer picture of the true prevalence.

State, local, territorial, and tribal public health agencies are leading the response to the pandemic. These departments know their communities well and are making the best decisions they can to keep their citizens safe. However, our constituents working as health care providers and front line responders in hospitals, public health departments, and throughout their communities report the health care system is woefully under-resourced, especially in our rural, underserved areas and minority communities that are often overlooked. This problem is most acute with shortages of supplies and equipment that are desperately needed to test for and treat COVID-19 patients.

On the morning of March 16, 2020, President Trump told the nation’s governors on a phone call to get supplies themselves. Specifically, the President said, “respirators, ventilators, all of the equipment — try getting it yourselves. We will be backing you, but try getting it yourselves. Point of sales, much better, much more direct if you can get it yourself.”

Given the scale of the threat that COVID-19 poses to public health, responding to the outbreak is placing substantial strain on state, local, territorial, and tribal public health agencies’ already-limited resources. Furthermore, states and health care facilities who are trying to do as the President says and “get it yourself,” find that the supply simply is not available. We urge you to be proactive and utilize the powers that you invoked on March 18, 2020, under the Defense Production Act (DPA) to mobilize private industry to manufacture the supplies and equipment needed to address this crisis.

Additionally, the Hollings Manufacturing Extension Partnership (MEP) centers in every state and Puerto Rico represent an existing, high-quality network connecting small and medium manufacturers with technical experts to develop strategies for innovation, optimizing supply chains, and improving efficiency and productivity. Given that efficiency, productivity, and supply chain management are critical for rapidly manufacturing much-needed medical equipment, we urge that you utilize the capabilities and connections of the MEP network to expedite the search for excess manufacturing capacity.

We urge you to within 3 days, provide the members of the United States Senate and House of Representatives the answers to the following questions in a manner that does not compromise national security:

1. What is the current status of supplies in the Strategic National Stockpile (SNS) that may be used in the COVID-19 response? Please include data on which, and the number of, pharmaceuticals, personal protective equipment, and any other medical supplies currently in the SNS that may be utilized in the response.
2. What is the current nationwide status of supplies and equipment available to test for and treat COVID-19 and what is the quantity of supplies and equipment the administration has determined is necessary to fully provide states, local, and tribal organizations with what they need throughout the length of the pandemic? Please include the quantity of personal protective equipment (including N95 Respirators and Surgical Masks, gloves, gowns, face shields, eye protection), testing supplies (including reagents and swabs), and ventilators that is currently available and the quantity needed throughout the length of the pandemic.
3. What is the current total nationwide COVID-19 diagnostic testing capacity for public health, commercial, and academic laboratories per day? What is your plan to increase testing capacity? When will testing capacity be sufficient to be fully responsive to the current outbreak?
4. What is your plan to mobilize the private industry to manufacture supplies and equipment under the DPA and what is your timeline on invoking that power?
5. What is your plan for using the MEP network to identify manufacturers with excess or idle production capacity? What are your plans for organizing MEP and National Institute of Standards and Technology expertise and resources to optimize production?

While Congress has provided supplemental funding for state, local, territorial, and tribal public health agencies, the need for additional support across the nation remains high. The large magnitude of this crisis requires an even larger response from our national leaders. Americans depend on this. We look forward to your prompt response.

Sincerely, 

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) urged four Department of Veterans Affairs (VA) medical centers to expend every effort to ensure that veterans and the health providers who care for them are safe amid the novel coronavirus (COVID-19) outbreak. In letters to the Hunter Holmes McGuire VA Medical Center, the Salem VA Medical Center, the Hampton VA Medical Center, and the Washington DC VA Medical Center, the Senators asked for more information on each facility’s efforts to address the spread of COVID-19 while ensuring the health of VA employees.  

“Many of Virginia’s veterans are particularly susceptible to COVID-19 due to age and underlying health conditions,” wrote the Senators, who have heard from veterans and VA employees concerned about the effect of the COVID-19 outbreak on VA medical centers. “As the Commonwealth of Virginia and the federal government respond to the spread of COVID-19 in the United States and around the world, we urge the VA to expend every effort to ensure that veterans will be appropriately cared for during the outbreak of this deadly disease, and to seek further assistance when required.”

They continued, “As the VA works to care for our nation’s veterans with COVID-19 and to reduce the spread of this disease, the VA must also prioritize the protection of its employees – the health care providers, administrators, support staff, and others – who are on the frontlines in the battle against COVID-19, and who risk daily exposure to the virus.”

In their letters, the Senators urged each medical center to allow individuals to telework whenever possible, as in the case of hospital administrators who may be able to perform their duties remotely. They also urged the facilities to make every effort to provide employees with appropriate personal protective equipment in order to safely support patients and help prevent healthcare workers from getting sick. 

They also requested that the hospitals provide more information on their efforts to reduce the transmission of COVID-19. Specifically, they asked for details on each facility’s ability to test patients and staff for COVID-19; whether any steps were being taken to train and protect medical staff from the virus; whether each medical center is allowing employees to telework when possible; whether facilities believe they can meet the growing demands during this crisis; and whether any steps have been taken to ensure that each facility can handle a surge of patients with possible or confirmed COVID-19 patients.

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) released the following statement after the Center for Medicare and Medicaid Services (CMS) announced plans to pay clinicians across the country for telehealth services to Medicare beneficiaries during the coronavirus outbreak. This decision was enabled by passage earlier this month of provisions from Sen. Warner's bipartisan CONNECT for Health Act of 2019, as part of the initial $8.3 billion coronavirus response package.

“I am relieved that Medicare is quickly moving to take advantage of the telehealth authorities Congress has given it through my legislation. There is no doubt that, if properly implemented, this technology will be a crucial tool for protecting American seniors during the coronavirus outbreak,” said Sen. Warner. ”The key now is for Medicare to take clear and decisive steps to swiftly put this technology in the hands of doctors and seniors at this critical moment in the COVID-19 outbreak. While it is unfortunate that it took a public health crisis to push these important telehealth provisions through, I am hopeful that, with proper implementation, this experience will eventually lead to a full expansion of telehealth for Medicare beneficiaries through passage of the bipartisan CONNECT for Health Act.”

The Warner-authored language in the first coronavirus response bill cuts restrictions on Medicare's use of telehealth for the COVID-19 public health emergency response. CMS Administrator Seema Verma announced Medicare's telehealth expansion yesterday at the White House during a Coronavirus Task Force press conference. 

“These changes allow seniors to communicate with their doctors without having to travel to a healthcare facility so that they can limit risk of exposure and spread of this virus,” Administrator Verma said at the press conference. “Clinicians on the frontlines will now have greater flexibility to safely treat our beneficiaries.”

The Creating Opportunities Now for Necessary and Effective Care Technologies (CONNECT) for Health Act of 2019 builds on the progress made in recent years to increase the use of telehealth through Medicare. Specifically, the legislation would:

• Provide the Secretary of Health and Human Services (HHS) the authority to waive telehealth restrictions when necessary;
• Remove geographic and originating site restrictions for services like mental health and emergency medical care;
• Allow rural health clinics and other community-based health care centers to provide telehealth services; and
• Require a study to explore more ways to expand telehealth services so that more people can access health care services in their own homes.

Sen. Warner has been a longtime advocate for increased access to health care through telehealth. Last year, he successfully included a provision to expand telehealth services for substance abuse treatment in the Opioid Crisis Response Act of 2018. In 2003, then-Gov. Warner expanded Medicaid coverage for telemedicine statewide, including evaluation and management visits, a range of individual psychotherapies, the full range of consultations, and some clinical services, including in cardiology and obstetrics. Coverage was also expanded to include non-physician providers. Among other benefits, the telehealth expansion allowed individuals in medically underserved and remote areas of Virginia to access quality specialty care that isn’t always available at home.

A list of Sen. Warner’s work to protect and support Virginians during the coronavirus outbreak is available here.

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WASHINGTON, D.C.—Today, U.S. Senators Mark R. Warner and Tim Kaine joined their colleagues in introducing the Free COVID-19 Testing Act, legislation that would expand free tests to confirm coronavirus (COVID-19) infections.

The Free COVID-19 Testing Act would waive cost-sharing for COVID-19 diagnostic testing and related health care services for individuals enrolled in private health plans, Medicare, Medicare Advantage, Medicaid, CHIP, TRICARE, VA as well as for federal civilians, American Indians and Alaska Natives. Private insurers would be barred from imposing limits like prior authorization for testing. For uninsured individuals, this legislation would cover the cost of lab fees, and states would have the option and new incentives to cover COVID-19 diagnostic testing and related health care services through their Medicaid programs.

“Costs should never be a barrier to accessing potentially life-saving testing,” Warner and Kaine said. “This legislation ensures any Virginian can get tested without the fear of a medical bill they can’t afford. The Senate must immediately pass this critical legislationto help mitigate the spread of the coronavirus and protect public health.” 

This legislation was led by Senators Tina Smith (D-Minn.), Gary Peters (D-Mich.), Democratic Minority Leader Chuck Schumer (D-N.Y.), Patty Murray (D-Wash.), and Ron Wyden (D-Ore.). In addition to  Warner and Kaine, this legislation is also cosponsored bySens. Amy Klobuchar (D-Minn.), Bob Casey (D-Pa.), Doug Jones (D-Ala.), Sherrod Brown (D-Ohio), Tammy Duckworth (D-Ill.), Jon Tester (D-Mont.), Sheldon Whitehouse (D-R.I.), Bernie Sanders (I-Vt.), Tammy Baldwin (D-Wis.), Jack Reed (D-R.I.), Chris Murphy (D-Conn.), Mazie Hirono (D-Hawaii), Brian Schatz (D-Hawaii), Debbie Stabenow (D-Mich.), Angus King (I-Maine), Chris Coons (D-Del.), Cory Booker (D-N.J.), Dianne Feinstein (D-Calif.), Kamala Harris (D-Calif.), Tom Udall (D-N.M.), Maggie Hassan (D-N.H.), Kirsten Gillibrand (D-N.Y.), Martin Heinrich (D-N.M.), Jeanne Shaheen (D-N.H.), Jacky Rosen (D-Nev.), Elizabeth Warren (D-Mass.), Tom Carper (D-Del.), Dick Durbin (D-Ill.), Chris Van Hollen (D-Md.), Ed Markey (D-Mass.), Richard Blumenthal (D-Conn.), Michael Bennet (D-Colo.), and Bob Menendez (D-N.J.).

You can access text of the bill here.

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