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H.R. 6674, Medicare Crisis Program Act of 2020

Summary

H. R. 6674 was introduced in the House of Representatives on May 1, 2020 by Ms. Jayapal and other members. It was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Education and Labor, and Armed Services. The bill may be cited as the Medicare Crisis Program Act of 2020. Section 101 adds a COVID–19 Medicare enrollment option for individuals who lost or had reduced employment and were approved for unemployment benefits, and for their dependents, with no monthly premium except for optional Part D coverage. A Medicare COVID–19 Trust Fund is created. Section 102 holds Medicare beneficiaries harmless for specified COVID–19 treatment services.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Issuer
Congressional materials
Document type
Bills Bills 116Hr6674Ih Bills 116Hr6674Ih
Case
Bills Bills 116Hr6674Ih Bills 116Hr6674Ih

Cite this document

“H.R. 6674, Medicare Crisis Program Act of 2020.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116hr6674ih-bills-116hr6674ih/, SHA-256 3cc7338bdd7da648a152c077c9b461ea17bd3f4516910a68e5b88db3b7d1195c.

Full text

                                                                                                                                                                          I




                                                                       116TH CONGRESS
                                                                          2D SESSION
                                                                                                            H. R. 6674
                                                                       To ensure access to affordable, comprehensive health insurance benefits for
                                                                           certain uninsured individuals during the COVID–19 emergency, and to
                                                                           ensure adequate coverage of treatments for COVID–19 under the Medi-
                                                                           care and Medicaid programs and under group health plans and group
                                                                           or individual health insurance coverage, and for other purposes.




                                                                                    IN THE HOUSE OF REPRESENTATIVES
                                                                                                        MAY 1, 2020
                                                                       Ms. JAYAPAL (for herself, Mr. KENNEDY, Mr. BLUMENAUER, Ms. CLARKE of
                                                                           New York, Mr. COHEN, Mrs. DINGELL, Mr. MICHAEL F. DOYLE of
                                                                           Pennsylvania, Mr. ESPAILLAT, Mr. HASTINGS, Mrs. HAYES, Ms. JACK-
                                                                           SON LEE, Mr. KHANNA, Ms. LEE of California, Mr. LOWENTHAL, Mr.
                                                                           MCGOVERN, Ms. MENG, Mrs. NAPOLITANO, Mr. NEGUSE, Ms. NORTON,
                                                                           Ms. OCASIO-CORTEZ, Ms. OMAR, Ms. PINGREE, Ms. PRESSLEY, Mr.
                                                                           RASKIN, Ms. SCHAKOWSKY, Mr. SOTO, Mr. TAKANO, Ms. TLAIB, Mr.
                                                                           VARGAS, Mr. WELCH, Ms. GABBARD, Mr. ENGEL, and Ms. VELÁZQUEZ)
                                                                           introduced the following bill; which was referred to the Committee on En-
                                                                           ergy and Commerce, and in addition to the Committees on Ways and
                                                                           Means, Education and Labor, and Armed Services, for a period to be
                                                                           subsequently determined by the Speaker, in each case for consideration
                                                                           of such provisions as fall within the jurisdiction of the committee con-
                                                                           cerned




                                                                                                                 A BILL
                                                                       To ensure access to affordable, comprehensive health insur-
                                                                          ance benefits for certain uninsured individuals during
                                                                          the COVID–19 emergency, and to ensure adequate cov-




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                                                                          erage of treatments for COVID–19 under the Medicare
                                                                          and Medicaid programs and under group health plans



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                                                                                                                                  2
                                                                              and group or individual health insurance coverage, and
                                                                              for other purposes.

                                                                         1              Be it enacted by the Senate and House of Representa-
                                                                         2 tives of the United States of America in Congress assembled,
                                                                         3    SECTION 1. SHORT TITLE.

                                                                         4              This Act may be cited as the ‘‘Medicare Crisis Pro-
                                                                         5 gram Act of 2020’’.
                                                                         6                          TITLE I—MEDICARE
                                                                         7    SEC. 101. COVID–19 MEDICARE ENROLLMENT OPTION.

                                                                         8              (a) IN GENERAL.—Title XVIII of the Social Security
                                                                         9 Act (42 U.S.C. 1395c et seq.) is amended by adding at
                                                                       10 the end the following new section:
                                                                       11                   ‘‘COVID–19 MEDICARE ENROLLMENT OPTION
                                                                       12               ‘‘SEC. 1899C. (a) OPTION.—
                                                                       13                        ‘‘(1) ELIGIBILITY.—Every individual who meets
                                                                       14               the requirements described in paragraph (2) shall be
                                                                       15               eligible to enroll under this section.
                                                                       16                        ‘‘(2) REQUIREMENTS.—For purposes of para-
                                                                       17               graph (1), the requirements described in this para-
                                                                       18               graph are the following:
                                                                       19                                  ‘‘(A) The individual—
                                                                       20                                         ‘‘(i) experienced a loss of, or reduction
                                                                       21                                  in, employment during the specified period
                                                                       22                                  (as defined in subsection (h)) and was ap-




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                                                                       23                                  proved for unemployment benefits relating


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                                                                         1                                 to such loss or reduction in the State in
                                                                         2                                 which such individual resides; or
                                                                         3                                        ‘‘(ii) is the spouse, child, or other de-
                                                                         4                                 pendent of an individual described in
                                                                         5                                 clause (i).
                                                                         6                                 ‘‘(B) The individual is not—
                                                                         7                                        ‘‘(i) otherwise entitled to benefits
                                                                         8                                 under part A or eligible to enroll under
                                                                         9                                 part A or part B;
                                                                       10                                         ‘‘(ii) enrolled under a Federal health
                                                                       11                                  care        program           (as        defined          in   section
                                                                       12                                  1128B(f)) or the program established
                                                                       13                                  under chapter 89 of title 5, United States
                                                                       14                                  Code;
                                                                       15                                         ‘‘(iii) enrolled under an eligible em-
                                                                       16                                  ployer-sponsored plan (as defined in sec-
                                                                       17                                  tion 5000A(f)(2) of the Internal Revenue
                                                                       18                                  Code of 1986), but only if such plan—
                                                                       19                                                  ‘‘(I) includes the essential health
                                                                       20                                         benefits package (as defined in section
                                                                       21                                         1302(a) of the Patient Protection and
                                                                       22                                         Affordable Care Act); and
                                                                       23                                                  ‘‘(II) the employee’s required




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                                                                       24                                         contribution (within the meaning of
                                                                       25                                         section 5000A(e)(1)(B) of such Code,


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                                                                         1                                        except that such contribution shall be
                                                                         2                                        determined with respect to self-only or
                                                                         3                                        family coverage, as applicable to the
                                                                         4                                        employee) with respect to the plan
                                                                         5                                        does not exceed the percentage speci-
                                                                         6                                        fied in section 36B(c)(2)(C)(i)(II) of
                                                                         7                                        such Code for the applicable year; or
                                                                         8                                        ‘‘(iv) enrolled under a qualified health
                                                                         9                                 plan (as defined in section 1301(a) of such
                                                                       10                                  Act).
                                                                       11                        ‘‘(3) BENEFITS.—An individual enrolled under
                                                                       12               this section is entitled to the same benefits under
                                                                       13               this title as an individual who is entitled to benefits
                                                                       14               under part A and enrolled under part B and, at the
                                                                       15               option of the individual, eligible for prescription drug
                                                                       16               benefits under part D.
                                                                       17               ‘‘(b) ENROLLMENT AND COVERAGE PERIODS.—The
                                                                       18 Secretary shall establish enrollment and coverage periods
                                                                       19 for individuals who enroll under this section. A coverage
                                                                       20 period with respect to an individual enrolled under this
                                                                       21 section shall be retroactive to the date on which the indi-
                                                                       22 vidual experienced the loss or reduction described in sub-
                                                                       23 section (a)(2)(A)(i).




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                                                                       24               ‘‘(c) ENROLLMENT PREMIUM.—




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                                                                         1                       ‘‘(1) AMOUNT OF MONTHLY PREMIUMS.—There
                                                                         2              shall be no monthly premium for an individual en-
                                                                         3              rolled under this section except as provided in para-
                                                                         4              graph (2).
                                                                         5                       ‘‘(2) PREMIUM FOR OPTIONAL PART D BENE-
                                                                         6              FITS.—In the case an individual enrolled under this

                                                                         7              section elects to receive coverage under a prescrip-
                                                                         8              tion drug plan under part D, there shall be a month-
                                                                         9              ly premium with respect to such individual in an
                                                                       10               amount determined appropriate by the Secretary.
                                                                       11               ‘‘(d) PAYMENT OF PREMIUMS.—
                                                                       12                        ‘‘(1)       PAYMENT.—Premiums                              for       enrollment
                                                                       13               under this section shall be paid to the Secretary at
                                                                       14               such times, and in such manner, as the Secretary
                                                                       15               determines appropriate.
                                                                       16                        ‘‘(2) DEPOSIT.—Amounts collected by the Sec-
                                                                       17               retary under this section shall be deposited in the
                                                                       18               Medicare COVID–19 Trust Fund established under
                                                                       19               subsection (e).
                                                                       20               ‘‘(e) MEDICARE COVID–19 TRUST FUND.—
                                                                       21                        ‘‘(1) IN GENERAL.—There is hereby created on
                                                                       22               the books of the Treasury of the United States a
                                                                       23               trust fund to be known as the ‘Medicare COVID–19




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                                                                       24               Trust Fund’ (in this subsection referred to as the
                                                                       25               ‘Trust Fund’). The Trust Fund shall consist of such


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                                                                         1              gifts and bequests as may be made and such
                                                                         2              amounts as may be deposited in, or appropriated to,
                                                                         3              such fund as provided in this title.
                                                                         4                       ‘‘(2) PREMIUMS.—Premiums collected under
                                                                         5              subsection (d) shall be transferred to the Trust
                                                                         6              Fund.
                                                                         7                       ‘‘(3) INCORPORATION                          OF      PROVISIONS.—Sub-

                                                                         8              sections (b) through (i) of section 1841 shall apply
                                                                         9              with respect to the Trust Fund and this title in the
                                                                       10               same manner as they apply with respect to the Fed-
                                                                       11               eral Supplementary Medical Insurance Trust Fund
                                                                       12               and part B, respectively, except that in applying
                                                                       13               such section 1841, any reference in such section to
                                                                       14               ‘this part’ shall be construed to be a reference to
                                                                       15               this section and any reference in section 1841(h) to
                                                                       16               section 1840(d) and in section 1841(i) to sections
                                                                       17               1840(b)(1) and 1842(g) are deemed to be references
                                                                       18               to comparable authority exercised under this section.
                                                                       19               ‘‘(f) TERMINATION OF COVERAGE.—Coverage of an
                                                                       20 individual enrolled under this section shall terminate on
                                                                       21 the earliest of the following:
                                                                       22                        ‘‘(1) The date on which the individual becomes
                                                                       23               entitled to benefits under part A or eligible to enroll




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                                                                       24               under such part A or part B (as determined without
                                                                       25               regard to this section).


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                                                                         1                       ‘‘(2) The date on which the individual becomes
                                                                         2              enrolled in coverage described in any of clauses (ii)
                                                                         3              through (iv) of subsection (a)(2)(B) (as determined
                                                                         4              without regard to this section).
                                                                         5                       ‘‘(3) The end of the specified period (as defined
                                                                         6              in subsection (h)) with respect to such individual.
                                                                         7              ‘‘(g) ENROLLMENT INFORMATION.—
                                                                         8                       ‘‘(1) GUIDANCE.—The Secretary of Labor shall
                                                                         9              publish guidance for States with respect to informa-
                                                                       10               tion to be included by States on unemployment por-
                                                                       11               tals for purposes of facilitating enrollment of individ-
                                                                       12               uals under this section.
                                                                       13                        ‘‘(2) PROVISION OF INFORMATION TO CMS.—In
                                                                       14               the case of a claim for unemployment benefits sub-
                                                                       15               mitted to a State that indicates that the individual
                                                                       16               may be eligible for enrollment under this section, the
                                                                       17               State shall provide such information regarding such
                                                                       18               individual as the Secretary may specify to the Sec-
                                                                       19               retary.
                                                                       20                        ‘‘(3) ONLINE                 ENROLLMENT.—The                             Secretary
                                                                       21               shall create an online application form to facilitate
                                                                       22               enrollment under this section.
                                                                       23               ‘‘(h) SPECIFIED PERIOD.—




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                                                                       24                        ‘‘(1) IN GENERAL.—In this section, the term
                                                                       25               ‘specific period’ means, with respect to an individual


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                                                                         1              residing in a State, the date beginning on the first
                                                                         2              day of the emergency period (as described in section
                                                                         3              1135(g)(1)(B)) and ending on the date that is 3
                                                                         4              months after the first day occurring on or after the
                                                                         5              date of the enactment of this section that the aver-
                                                                         6              age unemployment rate for the 12-month period
                                                                         7              ending on such first day—
                                                                         8                                 ‘‘(A) in such State is not more than 2 per-
                                                                         9                       centage points higher that the average unem-
                                                                       10                        ployment rate in such State during the period
                                                                       11                        consisting of October 1 through December 31
                                                                       12                        of 2019; and
                                                                       13                                  ‘‘(B) in the United States is not more than
                                                                       14                        2 percentage points higher than the average un-
                                                                       15                        employment rate in the United States during
                                                                       16                        the period consisting of October 1 through De-
                                                                       17                        cember 31 of 2019.
                                                                       18                        ‘‘(2) NOTICE.—In the case of an individual en-
                                                                       19               rolled under this section, if the specified period with
                                                                       20               respect to such individual ends while such individual
                                                                       21               is so enrolled, the Secretary shall provide notice to
                                                                       22               such individual of the end of such period and an ex-
                                                                       23               planation that coverage under this section shall ter-




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                                                                       24               minate with respect to such individual not later than




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                                                                         1              the date that is 3 months after the end of such pe-
                                                                         2              riod.
                                                                         3              ‘‘(i) FUNDING.—There is appropriated, out of any
                                                                         4 monies in the Treasury not otherwise obligated, to the
                                                                         5 Trust Fund described in subsection (e) such sums as may
                                                                         6 be necessary to carry out this section (including for the
                                                                         7 payment of part A and part B benefits for individuals en-
                                                                         8 rolled under this section).’’.
                                                                         9              (b) MEDIGAP.—Section 1882 of the Social Security
                                                                       10 Act is amended by adding at the end the following new
                                                                       11 subsection:
                                                                       12               ‘‘(aa) DEVELOPMENT OF NEW STANDARDS FOR CER-
                                                                       13     TAIN MEDICARE SUPPLEMENTAL POLICIES RELATING TO

                                                                       14 COVID–19 ENROLLMENT OPTION.—The Secretary shall
                                                                       15 request the National Association of Insurance Commis-
                                                                       16 sioners to review and revise the standards for benefit pack-
                                                                       17 ages described in subsection (p)(1), to otherwise update
                                                                       18 standards to include requirements for each medicare sup-
                                                                       19 plemental policy that offers such a policy in a State, with
                                                                       20 respect to each year, to accept every individual in the
                                                                       21 State who is enrolled pursuant to section 1899C and who
                                                                       22 applies for such coverage for such year if the individual
                                                                       23 applies for enrollment in such policy during the 30-day




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                                                                       24 period following the date of enrollment pursuant to section
                                                                       25 1899C and to accept every such individual during a period


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                                                                         1 of transition from enrollment pursuant to such section to
                                                                         2 enrollment under this title pursuant to eligibility other
                                                                         3 than under such section. Such revisions shall be made con-
                                                                         4 sistent with the rules applicable under subsection
                                                                         5 (p)(1)(E) with the reference to the ‘1991 NAIC Model
                                                                         6 Regulation’ deemed a reference to the NAIC Model Regu-
                                                                         7 lation as published in the Federal Register on December
                                                                         8 4, 1998, and as subsequently updated by the National As-
                                                                         9 sociation of Insurance Commissioners to reflect previous
                                                                       10 changes in law and the reference to ‘date of enactment
                                                                       11 of this subsection’ deemed a reference to the date of enact-
                                                                       12 ment of this subsection (aa).’’.
                                                                       13     SEC. 102. HOLDING MEDICARE BENEFICIARIES HARMLESS

                                                                       14                              FOR SPECIFIED COVID–19 TREATMENT SERV-

                                                                       15                              ICES FURNISHED UNDER PART A OR PART B

                                                                       16                              OF THE MEDICARE PROGRAM.

                                                                       17               (a) IN GENERAL.—Notwithstanding any other provi-
                                                                       18 sion of law, in the case of a specified COVID–19 treat-
                                                                       19 ment service (as defined in subsection (b)) furnished to
                                                                       20 an individual entitled to benefits under part A or enrolled
                                                                       21 under part B of title XVIII of the Social Security Act (42
                                                                       22 U.S.C. 1395 et seq.) or enrolled under section 1899C of
                                                                       23 the Social Security Act for which payment is made under




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                                                                       24 such part A or such part B, the Secretary of Health and




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                                                                         1 Human Services (in this section referred to as the ‘‘Sec-
                                                                         2 retary’’) shall provide that—
                                                                         3                       (1) any cost sharing required (including any de-
                                                                         4              ductible, copayment, or coinsurance) applicable to
                                                                         5              such individual under such part A or such part B
                                                                         6              with respect to such item or service is paid by the
                                                                         7              Secretary;
                                                                         8                       (2) the provider of services or supplier (as de-
                                                                         9              fined in section 1861 of the Social Security Act (42
                                                                       10               U.S.C. 1395x)) does not hold such individual liable
                                                                       11               for such requirement; and
                                                                       12                        (3) no prior authorization or other utilization
                                                                       13               management requirement is applied with respect to
                                                                       14               such service.
                                                                       15               (b) DEFINITION OF SPECIFIED COVID–19 TREAT-
                                                                       16     MENT SERVICES.—For purposes of this section, the term

                                                                       17 ‘‘specified COVID–19 treatment service’’ means any item
                                                                       18 or service—
                                                                       19                        (1) relating to the treatment or diagnosis of
                                                                       20               COVID–19;
                                                                       21                        (2) furnished to an individual in an emergency
                                                                       22               department where such individual presents with
                                                                       23               COVID–19 symptoms; or




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                                                                       24                        (3) in the case of an individual furnished a test
                                                                       25               for COVID–19 or diagnosed with COVID–19, fur-


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                                                                         1              nished during the same episode of care as such test
                                                                         2              or diagnosis, regardless of setting.
                                                                         3              (c) RECOVERY OF COST-SHARING AMOUNTS PAID BY
                                                                         4    THE SECRETARY IN THE CASE OF SUPPLEMENTAL IN-

                                                                         5    SURANCE COVERAGE.—

                                                                         6                       (1) IN GENERAL.—In the case of any amount
                                                                         7              paid by the Secretary pursuant to subsection (a)(1)
                                                                         8              that the Secretary determines would otherwise have
                                                                         9              been paid by a group health plan or health insurance
                                                                       10               issuer (as such terms are defined in section 2791 of
                                                                       11               the Public Health Service Act (42 U.S.C. 300gg–
                                                                       12               91)), a private entity offering a medicare supple-
                                                                       13               mental policy under section 1882 of the Social Secu-
                                                                       14               rity Act (42 U.S.C. 1395ss), any other health plan
                                                                       15               offering supplemental coverage, a State plan under
                                                                       16               title XIX of the Social Security Act, or the Secretary
                                                                       17               of Defense under the TRICARE program, such
                                                                       18               plan, issuer, private entity, other health plan, State
                                                                       19               plan, or Secretary of Defense, as applicable, shall
                                                                       20               pay to the Secretary, not later than 1 year after
                                                                       21               such plan, issuer, private entity, other health plan,
                                                                       22               State plan, or Secretary of Defense receives a notice
                                                                       23               under paragraph (3), such amount in accordance




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                                                                       24               with this subsection.




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                                                                         1                       (2) REQUIRED INFORMATION.—Not later than
                                                                         2              9 months after the date of the enactment of this
                                                                         3              Act, each group health plan, health insurance issuer,
                                                                         4              private entity, other health plan, State plan, and
                                                                         5              Secretary of Defense described in paragraph (1)
                                                                         6              shall submit to the Secretary such information as
                                                                         7              the Secretary determines necessary for purposes of
                                                                         8              carrying out this subsection. Such information so
                                                                         9              submitted shall be updated by such plan, issuer, pri-
                                                                       10               vate entity, other health plan, State plan, or Sec-
                                                                       11               retary of Defense, as applicable, at such time and in
                                                                       12               such manner as specified by the Secretary.
                                                                       13                        (3) REVIEW OF CLAIMS AND NOTIFICATION.—
                                                                       14               The Secretary shall establish a process under which
                                                                       15               claims for items and services for which the Secretary
                                                                       16               has paid an amount pursuant to subsection (a)(1)
                                                                       17               are reviewed for purposes of identifying if such
                                                                       18               amount would otherwise have been paid by a plan,
                                                                       19               issuer, private entity, other health plan, State plan,
                                                                       20               or Secretary of Defense described in paragraph (1).
                                                                       21               In the case such a claim is so identified, the Sec-
                                                                       22               retary shall determine the amount that would have
                                                                       23               been otherwise payable by such plan, issuer, private




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                                                                       24               entity, other health plan, State plan, or Secretary of
                                                                       25               Defense and notify such plan, issuer, private entity,


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                                                                         1              other health plan, State plan, or Secretary of De-
                                                                         2              fense of such amount.
                                                                         3                       (4) ENFORCEMENT.—The Secretary may im-
                                                                         4              pose a civil monetary penalty in an amount deter-
                                                                         5              mined appropriate by the Secretary in the case of a
                                                                         6              plan, issuer, private entity, other health plan, or
                                                                         7              State plan that fails to comply with a provision of
                                                                         8              this section. The provisions of section 1128A of the
                                                                         9              Social Security Act shall apply to a civil monetary
                                                                       10               penalty imposed under the previous sentence in the
                                                                       11               same manner as such provisions apply to a penalty
                                                                       12               or proceeding under subsection (a) or (b) of such
                                                                       13               section.
                                                                       14               (d) FUNDING.—The Secretary shall provide for the
                                                                       15 transfer to the Centers for Medicare & Medicaid Program
                                                                       16 Management Account from the Federal Hospital Insur-
                                                                       17 ance Trust Fund and the Federal Supplementary Trust
                                                                       18 Fund (in such portions as the Secretary determines appro-
                                                                       19 priate) $100,000,000 for purposes of carrying out this
                                                                       20 section.
                                                                       21               (e) REPORT.—Not later than 3 years after the date
                                                                       22 of the enactment of this Act, the Inspector General of the
                                                                       23 Department of Health and Human Services shall submit




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                                                                       24 to Congress a report containing an analysis of amounts




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                                                                         1 paid pursuant to subsection (a)(1) compared to amounts
                                                                         2 paid to the Secretary pursuant to subsection (c).
                                                                         3              (f) IMPLEMENTATION.—Notwithstanding any other
                                                                         4 provision of law, the Secretary may implement the provi-
                                                                         5 sions of this section by program instruction or otherwise.
                                                                         6    SEC. 103. COVERAGE OF TREATMENTS FOR COVID–19 AT NO

                                                                         7                             COST SHARING UNDER THE MEDICARE AD-

                                                                         8                             VANTAGE PROGRAM.

                                                                         9              (a) IN GENERAL.—Section 1852(a)(1)(B) of the So-
                                                                       10 cial Security Act (42 U.S.C. 1395w–22(a)(1)(B)) is
                                                                       11 amended by adding at the end the following new clause:
                                                                       12                                         ‘‘(vii) SPECIAL COVERAGE RULES FOR
                                                                       13                                  SPECIFIED              COVID–19           TREATMENT            SERV-

                                                                       14                                  ICES.—Notwithstanding                         clause (i), in the
                                                                       15                                  case of a specified COVID–19 treatment
                                                                       16                                  service (as defined in section 102(b) of the
                                                                       17                                  Medicare Crisis Program Act of 2020) that
                                                                       18                                  is furnished during a plan year occurring
                                                                       19                                  during any portion of the emergency period
                                                                       20                                  defined in section 1135(g)(1)(B) beginning
                                                                       21                                  on or after the date of the enactment of
                                                                       22                                  this clause, a Medicare Advantage plan
                                                                       23                                  may not, with respect to such service, im-




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                                                                       24                                  pose—




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                                                                         1                                                 ‘‘(I) any cost-sharing require-
                                                                         2                                        ment (including a deductible, copay-
                                                                         3                                        ment, or coinsurance requirement);
                                                                         4                                        and
                                                                         5                                                 ‘‘(II) any prior authorization or
                                                                         6                                        other utilization management require-
                                                                         7                                        ment.
                                                                         8                                 A Medicare Advantage plan may not take
                                                                         9                                 the application of this clause into account
                                                                       10                                  for purposes of a bid amount submitted by
                                                                       11                                  such plan under section 1854(a)(6).’’.
                                                                       12               (b) REIMBURSEMENT                           OF        MEDICARE ADVANTAGE
                                                                       13 PLANS FOR ELIMINATION OF COST SHARING.—Section
                                                                       14 1853 of the Social Security Act (42 U.S.C. 1395w–23)
                                                                       15 is amended by adding at the end the following new sub-
                                                                       16 section:
                                                                       17               ‘‘(p) ADDITIONAL PAYMENT TO ACCOUNT FOR COST
                                                                       18 SHARING ELIMINATION                                     FOR     COVID–19 TREATMENT
                                                                       19 SERVICES.—
                                                                       20                        ‘‘(1) IN GENERAL.—A Medicare Advantage plan
                                                                       21               shall notify the Secretary of the total dollar amount
                                                                       22               of cost sharing that, but for the application of sec-
                                                                       23               tion 1852(a)(1)(B)(vii), would have been required




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                                                                       24               under such plan for specified COVID–19 treatment
                                                                       25               services (as defined in section 70202(b) of the Take


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                                                                         1              Responsibility for Workers and Families Act) fur-
                                                                         2              nished during a plan year described in such section
                                                                         3              to individuals enrolled in the plan. The Secretary
                                                                         4              shall make periodic and timely payments in accord-
                                                                         5              ance with this subsection to such plan that, in the
                                                                         6              aggregate, equal such total dollar amount.
                                                                         7                       ‘‘(2) TIMING OF PAYMENT.—Payments by the
                                                                         8              Secretary under this subsection shall be made begin-
                                                                         9              ning March 1, 2021, for amounts described in such
                                                                       10               paragraph that would have been required under such
                                                                       11               plan for specified COVID–19 treatment services fur-
                                                                       12               nished during plan year 2020. Payments by the Sec-
                                                                       13               retary under this subsection for such amounts that
                                                                       14               would have been so required under such plan for
                                                                       15               such services furnished during a plan year subse-
                                                                       16               quent to plan year 2020 shall be made beginning
                                                                       17               March 1 of the plan year following such subsequent
                                                                       18               plan year.
                                                                       19                        ‘‘(3) NON-APPLICATION.—Section 1853(c)(7)
                                                                       20               shall not apply with respect to the application of this
                                                                       21               subsection.
                                                                       22                        ‘‘(4) APPROPRIATION.—There are transferred
                                                                       23               to the Centers for Medicare & Medicaid Program




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                                                                       24               Management Fund, out of any monies in the Treas-
                                                                       25               ury not otherwise obligated, such sums as may be


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                                                                         1              necessary to the Secretary for purposes of making
                                                                         2              payments under this subsection.’’.
                                                                         3              (c) IMPLEMENTATION.—Notwithstanding any other
                                                                         4 provision of law, the Secretary of Health and Human
                                                                         5 Services may implement the amendments made by this
                                                                         6 section by program instruction or otherwise.
                                                                         7    SEC. 104. GUARANTEED ISSUE OF CERTAIN MEDIGAP POLI-

                                                                         8                             CIES.

                                                                         9              (a) GUARANTEED ISSUE OF MEDIGAP POLICIES TO
                                                                       10 ALL MEDIGAP-ELIGIBLE MEDICARE BENEFICIARIES.—
                                                                       11                        (1) IN GENERAL.—Section 1882(s) of the So-
                                                                       12               cial Security Act (42 U.S.C. 1395ss(s)) is amend-
                                                                       13               ed—
                                                                       14                                  (A) in paragraph (2)(A), by striking ‘‘65
                                                                       15                        years of age or older and is enrolled for benefits
                                                                       16                        under part B’’ and inserting ‘‘entitled to, or en-
                                                                       17                        rolled for, benefits under part A and enrolled
                                                                       18                        for benefits under part B’’;
                                                                       19                                  (B) in paragraph (2)(D), by striking ‘‘who
                                                                       20                        is 65 years of age or older as of the date of
                                                                       21                        issuance and’’;
                                                                       22                                  (C) in paragraph (3)(B)(ii), by striking ‘‘is
                                                                       23                        65 years of age or older and’’; and




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                                                                       24                                  (D) in paragraph (3)(B)(vi), by striking
                                                                       25                        ‘‘at age 65’’.


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                                                                         1                       (2) ADDITIONAL                     ENROLLMENT                    PERIOD       FOR

                                                                         2              CERTAIN INDIVIDUALS.—

                                                                         3                                 (A) ONE-TIME ENROLLMENT PERIOD.—
                                                                         4                                        (i) IN GENERAL.—In the case of a
                                                                         5                                 specified individual, the Secretary shall es-
                                                                         6                                 tablish a one-time enrollment period de-
                                                                         7                                 scribed in clause (iii) during which such an
                                                                         8                                 individual may enroll in any medicare sup-
                                                                         9                                 plemental policy of the individual’s choos-
                                                                       10                                  ing.
                                                                       11                                         (ii)       APPLICATION.—The                             provisions
                                                                       12                                  of—
                                                                       13                                                  (I) paragraph (2) of section
                                                                       14                                         1882(s) of the Social Security Act (42
                                                                       15                                         U.S.C. 1395ss(s)) shall apply with re-
                                                                       16                                         spect to a specified individual who is
                                                                       17                                         described in subclause (I) of subpara-
                                                                       18                                         graph (B)(iii) as if references in such
                                                                       19                                         paragraph (2) to the 6-month period
                                                                       20                                         described in subparagraph (A) of such
                                                                       21                                         paragraph were references to the one-
                                                                       22                                         time enrollment period established
                                                                       23                                         under clause (i); and




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                                                                       24                                                  (II) paragraph (3) of such sec-
                                                                       25                                         tion shall apply with respect to a spec-


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                                                                         1                                        ified individual who is described in
                                                                         2                                        subclause               (II)         of         subparagraph
                                                                         3                                        (B)(iii) as if references in such para-
                                                                         4                                        graph (3) to the period specified in
                                                                         5                                        subparagraph (E) of such paragraph
                                                                         6                                        were references to the one-time enroll-
                                                                         7                                        ment period established under clause
                                                                         8                                        (i).
                                                                         9                                        (iii) PERIOD.—The enrollment period
                                                                       10                                  established under clause (i) shall be the 6-
                                                                       11                                  month period beginning on January 1,
                                                                       12                                  2024.
                                                                       13                                  (B) SPECIFIED                      INDIVIDUAL.—For             pur-
                                                                       14                        poses of this paragraph, the term ‘‘specified in-
                                                                       15                        dividual’’ means an individual who—
                                                                       16                                         (i) is entitled to hospital insurance
                                                                       17                                  benefits under part A of title XVIII of the
                                                                       18                                  Social Security Act (42 U.S.C. 1395c et
                                                                       19                                  seq.) pursuant to section 226(b) or section
                                                                       20                                  226A of such Act (42 U.S.C. 426(b); 426–
                                                                       21                                  1);
                                                                       22                                         (ii) is enrolled for benefits under part
                                                                       23                                  B of such Act (42 U.S.C. 1395j et seq.);




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                                                                       24                                  and




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                                                                         1                                        (iii)(I) would not, but for the amend-
                                                                         2                                 ments made by subparagraphs (A) and (B)
                                                                         3                                 of paragraph (1) and the provisions of this
                                                                         4                                 paragraph (if such provisions applied to
                                                                         5                                 such individual), be eligible for the guaran-
                                                                         6                                 teed issue of a medicare supplemental pol-
                                                                         7                                 icy under paragraph (2) of section 1882(s)
                                                                         8                                 of such Act (42 U.S.C. 1395ss(s)); or
                                                                         9                                        (II) would not, but for the amend-
                                                                       10                                  ments made by subparagraphs (C) and (D)
                                                                       11                                  of paragraph (1) and the provisions of this
                                                                       12                                  paragraph (if such provisions applied to
                                                                       13                                  such individual), be eligible for the guaran-
                                                                       14                                  teed issue of a medicare supplemental pol-
                                                                       15                                  icy under paragraph (3) of such section.
                                                                       16                                  (C) OUTREACH PLAN.—
                                                                       17                                         (i) IN GENERAL.—The Secretary shall
                                                                       18                                  develop an outreach plan to notify specified
                                                                       19                                  individuals of the one-time enrollment pe-
                                                                       20                                  riod established under subparagraph (A).
                                                                       21                                         (ii)            CONSULTATION.—In                        imple-
                                                                       22                                  menting the outreach plan developed under
                                                                       23                                  clause (i), the Secretary shall consult with




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                                                                       24                                  consumer advocates, brokers, insurers, the
                                                                       25                                  National Association of Insurance Commis-


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                                                                         1                                 sioners, and State Health Insurance As-
                                                                         2                                 sistance Programs.
                                                                         3                       (3) EFFECTIVE DATE.—The amendments made
                                                                         4              by paragraph (1) shall apply to medicare supple-
                                                                         5              mental policies effective on or after the date of the
                                                                         6              enactment of this Act.
                                                                         7              (b) GUARANTEED ISSUE OF MEDIGAP POLICIES FOR
                                                                         8 MEDICARE ADVANTAGE ENROLLEES.—
                                                                         9                       (1) IN GENERAL.—Section 1882(s)(3) of the
                                                                       10               Social Security Act (42 U.S.C. 1395ss(s)(3)), as
                                                                       11               amended by subsection (a), is further amended—
                                                                       12                                  (A) in subparagraph (B), by adding at the
                                                                       13                        end the following new clause:
                                                                       14                        ‘‘(vii) The individual—
                                                                       15                                  ‘‘(I) was enrolled in a Medicare Advantage
                                                                       16                        plan under part C for not less than 12 months;
                                                                       17                                  ‘‘(II) subsequently disenrolled from such
                                                                       18                        plan;
                                                                       19                                  ‘‘(III) elects to receive benefits under this
                                                                       20                        title through the original Medicare fee-for-serv-
                                                                       21                        ice program under parts A and B; and
                                                                       22                                  ‘‘(IV) has not previously elected to receive
                                                                       23                        benefits under this title through the original




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                                                                       24                        Medicare fee-for-service program pursuant to




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                                                                         1                       disenrollment from a Medicare Advantage plan
                                                                         2                       under part C.’’;
                                                                         3                                 (B) by striking subparagraph (C)(iii) and
                                                                         4                       inserting the following:
                                                                         5              ‘‘(iii) Subject to subsection (v)(1), for purposes of an
                                                                         6 individual described in clause (vi) or (vii) of subparagraph
                                                                         7 (B), a medicare supplemental policy described in this sub-
                                                                         8 paragraph shall include any medicare supplemental pol-
                                                                         9 icy.’’; and
                                                                       10                                  (C) in subparagraph (E)—
                                                                       11                                         (i) in clause (iv), by striking ‘‘and’’ at
                                                                       12                                  the end;
                                                                       13                                         (ii) in clause (v), by striking the pe-
                                                                       14                                  riod at the end and inserting ‘‘; and’’; and
                                                                       15                                         (iii) by adding at the end the fol-
                                                                       16                                  lowing new clause—
                                                                       17                        ‘‘(vi) in the case of an individual described in
                                                                       18               subparagraph (B)(vii), the annual, coordinated elec-
                                                                       19               tion period (as defined in section 1851(e)(3)(B)) or
                                                                       20               a continuous open enrollment period (as defined in
                                                                       21               section 1851(e)(2)) during which the individual
                                                                       22               disenrolls from a Medicare Advantage plan under
                                                                       23               part C.’’.




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                                                                       24                        (2) EFFECTIVE DATE.—The amendments made
                                                                       25               by paragraph (1) shall apply to medicare supple-


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                                                                         1              mental policies effective on or after the date of the
                                                                         2              enactment of this Act.
                                                                         3    SEC. 105. REQUIRING COVERAGE UNDER MEDICARE PDPS

                                                                         4                             AND MA–PD PLANS, WITHOUT THE IMPOSI-

                                                                         5                             TION OF COST SHARING OR UTILIZATION

                                                                         6                             MANAGEMENT REQUIREMENTS, OF DRUGS

                                                                         7                             INTENDED TO TREAT COVID–19 DURING CER-

                                                                         8                             TAIN EMERGENCIES.

                                                                         9              (a) COVERAGE REQUIREMENT.—
                                                                       10                        (1) IN GENERAL.—Section 1860D–4(b)(3) of
                                                                       11               the       Social         Security            Act        (42        U.S.C.         1395w–
                                                                       12               104(b)(3)) is amended by adding at the end the fol-
                                                                       13               lowing new subparagraph:
                                                                       14                                  ‘‘(I) REQUIRED INCLUSION OF DRUGS IN-
                                                                       15                        TENDED TO TREAT COVID–19.—

                                                                       16                                         ‘‘(i) IN          GENERAL.—Notwithstanding

                                                                       17                                  any other provision of law, a PDP sponsor
                                                                       18                                  offering a prescription drug plan shall,
                                                                       19                                  with respect to a plan year, any portion of
                                                                       20                                  which occurs during the period described
                                                                       21                                  in clause (ii), be required to—
                                                                       22                                                  ‘‘(I) include in any formulary—
                                                                       23                                                           ‘‘(aa) all covered part D




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                                                                       24                                                  drugs with a medically accepted
                                                                       25                                                  indication (as defined in section


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                                                                         1                                                 1860D–2(e)(4)) to treat COVID–
                                                                         2                                                 19 that are marketed in the
                                                                         3                                                 United States; and
                                                                         4                                                          ‘‘(bb) all drugs authorized
                                                                         5                                                 under section 564 or 564A of the
                                                                         6                                                 Federal Food, Drug, and Cos-
                                                                         7                                                 metic Act to treat COVID–19;
                                                                         8                                                 and
                                                                         9                                                 ‘‘(II) not impose any prior au-
                                                                       10                                         thorization or other utilization man-
                                                                       11                                         agement requirement with respect to
                                                                       12                                         such drugs described in item (aa) or
                                                                       13                                         (bb) of subclause (I) (other than such
                                                                       14                                         a requirement that limits the quantity
                                                                       15                                         of drugs due to safety).
                                                                       16                                         ‘‘(ii) PERIOD DESCRIBED.—For pur-
                                                                       17                                  poses of clause (i), the period described in
                                                                       18                                  this clause is the period during which there
                                                                       19                                  exists the public health emergency declared
                                                                       20                                  by the Secretary pursuant to section 319
                                                                       21                                  of the Public Health Service Act on Janu-
                                                                       22                                  ary 31, 2020, entitled ‘Determination that
                                                                       23                                  a Public Health Emergency Exists Nation-




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                                                                       24                                  wide as the Result of the 2019 Novel
                                                                       25                                  Coronavirus’ (including any renewal of


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                                                                         1                                 such declaration pursuant to such sec-
                                                                         2                                 tion).’’.
                                                                         3              (b) ELIMINATION OF COST SHARING.—
                                                                         4                       (1) ELIMINATION                       OF        COST         SHARING       FOR

                                                                         5              DRUGS              INTENDED               TO    TREAT           COVID–19          UNDER

                                                                         6              STANDARD AND ALTERNATIVE PRESCRIPTION DRUG

                                                                         7              COVERAGE.—Section 1860D–2 of the Social Security

                                                                         8              Act (42 U.S.C. 1395w–102) is amended—
                                                                         9                                 (A) in subsection (b)—
                                                                       10                                         (i) in paragraph (1)(A), by striking
                                                                       11                                  ‘‘The coverage’’ and inserting ‘‘Subject to
                                                                       12                                  paragraph (8), the coverage’’;
                                                                       13                                         (ii) in paragraph (2)—
                                                                       14                                                  (I) in subparagraph (A), by in-
                                                                       15                                         serting after ‘‘Subject to subpara-
                                                                       16                                         graphs (C) and (D)’’ the following:
                                                                       17                                         ‘‘and paragraph (8)’’;
                                                                       18                                                  (II) in subparagraph (C)(i), by
                                                                       19                                         striking ‘‘paragraph (4)’’ and insert-
                                                                       20                                         ing ‘‘paragraphs (4) and (8)’’; and
                                                                       21                                                  (III) in subparagraph (D)(i), by
                                                                       22                                         striking ‘‘paragraph (4)’’ and insert-
                                                                       23                                         ing ‘‘paragraphs (4) and (8)’’;




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                                                                         1                                        (iii) in paragraph (4)(A)(i), by strik-
                                                                         2                                 ing ‘‘The coverage’’ and inserting ‘‘Subject
                                                                         3                                 to paragraph (8), the coverage’’; and
                                                                         4                                        (iv) by adding at the end the following
                                                                         5                                 new paragraph:
                                                                         6                       ‘‘(8) ELIMINATION                        OF        COST-SHARING          FOR

                                                                         7              DRUGS INTENDED TO TREAT COVID–19.—The                                             cov-
                                                                         8              erage does not impose any deductible, copayment,
                                                                         9              coinsurance, or other cost-sharing requirement for
                                                                       10               drugs described in section 1860D–4(b)(3)(I)(i)(I)
                                                                       11               with respect to a plan year, any portion of which oc-
                                                                       12               curs during the period during which there exists the
                                                                       13               public health emergency declared by the Secretary
                                                                       14               pursuant to section 319 of the Public Health Service
                                                                       15               Act on January 31, 2020, entitled ‘Determination
                                                                       16               that a Public Health Emergency Exists Nationwide
                                                                       17               as the Result of the 2019 Novel Coronavirus’ (in-
                                                                       18               cluding any renewal of such declaration pursuant to
                                                                       19               such section).’’; and
                                                                       20                                  (B) in subsection (c), by adding at the end
                                                                       21                        the following new paragraph:
                                                                       22                        ‘‘(4) SAME ELIMINATION OF COST-SHARING FOR
                                                                       23               DRUGS INTENDED TO TREAT COVID–19.—The                                             cov-




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                                                                       24               erage is in accordance with subsection (b)(8).’’.




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                                                                         1                       (2) ELIMINATION                       OF        COST         SHARING     FOR

                                                                         2              DRUGS INTENDED TO TREAT COVID–19 DISPENSED

                                                                         3              TO INDIVIDUALS WHO ARE SUBSIDY ELIGIBLE INDI-

                                                                         4              VIDUALS.—Section 1860D–14(a) of the Social Secu-

                                                                         5              rity Act (42 U.S.C. 1395w–114(a)) is amended—
                                                                         6                                 (A) in paragraph (1)—
                                                                         7                                        (i) in subparagraph (D)—
                                                                         8                                                 (I) in clause (ii), by striking ‘‘In
                                                                         9                                        the case of’’ and inserting ‘‘Subject to
                                                                       10                                         subparagraph (F), in the case of’’;
                                                                       11                                         and
                                                                       12                                                  (II) in clause (iii), by striking
                                                                       13                                         ‘‘In the case of’’ and inserting ‘‘Sub-
                                                                       14                                         ject to subparagraph (F), in the case
                                                                       15                                         of’’; and
                                                                       16                                         (ii) by adding at the end the following
                                                                       17                                  new subparagraph:
                                                                       18                                  ‘‘(F) ELIMINATION OF COST-SHARING FOR
                                                                       19                        DRUGS INTENDED TO TREAT COVID–19.—Cov-

                                                                       20                        erage that is in accordance with section
                                                                       21                        1860D–2(b)(8).’’; and
                                                                       22                                  (B) in paragraph (2)—
                                                                       23                                         (i) in subparagraph (B), by striking




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                                                                       24                                  ‘‘A reduction’’ and inserting ‘‘Subject to
                                                                       25                                  subparagraph (F), a reduction’’;


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                                                                         1                                        (ii) in subparagraph (D), by striking
                                                                         2                                 ‘‘The substitution’’ and inserting ‘‘Subject
                                                                         3                                 to subparagraph (F), the substitution’’;
                                                                         4                                        (iii) in subparagraph (E), by inserting
                                                                         5                                 after ‘‘Subject to’’ the following: ‘‘subpara-
                                                                         6                                 graph (F) and’’; and
                                                                         7                                        (iv) by adding at the end the following
                                                                         8                                 new subparagraph:
                                                                         9                                 ‘‘(F) ELIMINATION OF COST-SHARING FOR
                                                                       10                        DRUGS INTENDED TO TREAT COVID–19.—Cov-

                                                                       11                        erage that is in accordance with section
                                                                       12                        1860D–2(b)(8).’’.
                                                                       13               (c)           LIS              ELIGIBILITY.—Section                               1860D–
                                                                       14 14(a)(3)(C)(i) of the Social Security Act (42 U.S.C.
                                                                       15 1395w–114(a)(3)(C)(i)) is amended by inserting ‘‘and any
                                                                       16 amounts received from a State as unemployment benefits’’
                                                                       17 after ‘‘furnished in kind’’.
                                                                       18               (d) IMPLEMENTATION.—Notwithstanding any other
                                                                       19 provision of law, the Secretary of Health and Human
                                                                       20 Services may implement the amendments made by this
                                                                       21 section by program instruction or otherwise.




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                                                                         1    SEC. 106. MEDICARE SPECIAL ENROLLMENT PERIOD FOR

                                                                         2                             INDIVIDUALS RESIDING IN COVID–19 EMER-

                                                                         3                             GENCY AREAS.

                                                                         4              (a) IN GENERAL.—Section 1837(i) of the Social Se-
                                                                         5 curity Act (42 U.S.C. 1395p(i)) is amended by adding at
                                                                         6 the end the following new paragraph:
                                                                         7                       ‘‘(5)(A) In the case of an individual who—
                                                                         8                                 ‘‘(i) is eligible under section 1836 to enroll
                                                                         9                       in the medical insurance program established by
                                                                       10                        this part;
                                                                       11                                  ‘‘(ii) has elected not to enroll (or to be
                                                                       12                        deemed enrolled) under such section during an
                                                                       13                        enrollment period; and
                                                                       14                                  ‘‘(iii) during the emergency period (as de-
                                                                       15                        scribed in section 1135(g)(1)(B)), is residing in
                                                                       16                        an emergency area (as described in such sec-
                                                                       17                        tion),
                                                                       18                        there shall be a special enrollment period de-
                                                                       19                        scribed in subparagraph (B).
                                                                       20                                  ‘‘(B) The special enrollment period re-
                                                                       21                        ferred to in subparagraph (A) is, with respect
                                                                       22                        to an individual residing in a State, the period
                                                                       23                        that begins on the date of the enactment of this
                                                                       24                        paragraph and ends on the date that is 3




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                                                                       25                        months after the first day occurring on or after
                                                                       26                        the date of the enactment of this paragraph
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                                                                         1                       that the average unemployment rate for the 12-
                                                                         2                       month period ending on such first day—
                                                                         3                                        ‘‘(i) in such State is not more than 2
                                                                         4                                 percentage points higher that the average
                                                                         5                                 unemployment rate in such State during
                                                                         6                                 the period consisting of October 1 through
                                                                         7                                 December 31 of 2019; and
                                                                         8                                        ‘‘(ii) in the United States is not more
                                                                         9                                 than 2 percentage points higher that the
                                                                       10                                  average unemployment rate in the United
                                                                       11                                  States during the period consisting of Oc-
                                                                       12                                  tober 1 through December 31 of 2019.’’.
                                                                       13               (b)         COVERAGE                  PERIOD                FOR           INDIVIDUALS
                                                                       14 TRANSITIONING                          FROM             OTHER            COVERAGE.—Section
                                                                       15 1838(e) of the Social Security Act (42 U.S.C. 1395q(e))
                                                                       16 is amended—
                                                                       17                        (1) by striking ‘‘pursuant to section 1837(i)(3)
                                                                       18               or 1837(i)(4)(B)—’’ and inserting the following:
                                                                       19               ‘‘pursuant to—
                                                                       20                        ‘‘(1) section 1837(i)(3) or 1837(i)(4)(B)—’’;
                                                                       21                        (2) by redesignating paragraphs (1) and (2) as
                                                                       22               subparagraphs (A) and (B), respectively, and mov-
                                                                       23               ing the indentation of each such subparagraph 2




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                                                                       24               ems to the right;




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                                                                         1                       (3) by striking the period at the end of the sub-
                                                                         2              paragraph (B), as so redesignated, and inserting ‘‘;
                                                                         3              or’’; and
                                                                         4                       (4) by adding at the end the following new
                                                                         5              paragraph:
                                                                         6                       ‘‘(2) section 1837(i)(5), the coverage period
                                                                         7              shall begin on the first day of the month following
                                                                         8              the month in which the individual so enrolls.’’.
                                                                         9              (c) NO INCREASE IN PREMIUMS.—Section 1839(b) of
                                                                       10 such Act (42 U.S.C. 1395r(b)) is amended in the first sen-
                                                                       11 tence, by inserting ‘‘, (i)(5),’’ after ‘‘subsection (i)(4)’’.
                                                                       12     SEC. 107. SPECIAL MEDICARE RULES DURING THE COVID–

                                                                       13                              19 EMERGENCY.

                                                                       14               (a) PREMIUMS.—Notwithstanding any other provi-
                                                                       15 sion of law, the Secretary shall provide that an individual
                                                                       16 entitled to benefits under part A or enrolled under part
                                                                       17 B of title XVIII of the Social Security Act (42 U.S.C.
                                                                       18 1395 et seq.) is not required to pay any premium under
                                                                       19 such part A or part B (if any would otherwise be applica-
                                                                       20 ble) for any month occurring during the emergency period
                                                                       21 described in section 1135(g)(1)(B) of the Social Security
                                                                       22 Act (42 U.S.C. 1320b–5(g)(1)(B)).
                                                                       23               (b)         COST-SHARING                      REQUIREMENTS.—Notwith-




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                                                                       24 standing any other provision of law, with respect to items
                                                                       25 and services furnished during a month occurring during


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                                                                         1 the emergency period described in section 1135(g)(1)(B)
                                                                         2 of the Social Security Act (42 U.S.C. 1320b–5(g)(1)(B))
                                                                         3 to an individual entitled to benefits under part A or en-
                                                                         4 rolled under part B of title XVIII of the Social Security
                                                                         5 Act (42 U.S.C. 1395 et seq.), including an individual en-
                                                                         6 rolled under section 1899C of such Act, the Secretary of
                                                                         7 Health and Human Services shall ensure that the aggre-
                                                                         8 gate amount of any cost-sharing requirements (including
                                                                         9 any deductibles, copayments, or coinsurance) applicable
                                                                       10 under such part A or part B (or, in the case of an indi-
                                                                       11 vidual enrolled under part C of such title, under such part
                                                                       12 C if such item or service would have been covered under
                                                                       13 such part A or B) to such individual with respect to such
                                                                       14 items and services furnished during such month does not
                                                                       15 exceed 5 percent of such individual’s income during such
                                                                       16 month. The Secretary shall pay to the entity furnishing
                                                                       17 such item or service the amount of any such requirement
                                                                       18 that would be payable to such entity but for application
                                                                       19 of the previous sentence.
                                                                       20     SEC. 108. NATIONAL CLEARINGHOUSE FOR COVID–19 PER-

                                                                       21                              SONAL PROTECTIVE EQUIPMENT AND OTHER

                                                                       22                              MEDICAL SUPPLIES.

                                                                       23               (a) IN GENERAL.—The Secretary of Health and




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                                                                       24 Human Services (in this section referred to as the ‘‘Sec-
                                                                       25 retary’’) shall establish a national clearinghouse for


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                                                                         1 COVID–19 personal protective equipment and other med-
                                                                         2 ical supplies (in this section referred to as the ‘‘clearing-
                                                                         3 house’’) through which the Secretary shall provide for the
                                                                         4 purchase, in accordance with subsection (b), of personal
                                                                         5 protective equipment and other medical items necessary
                                                                         6 for the diagnosis or treatment of COVID–19 (including
                                                                         7 respirator masks, ventilators, gloves, bodysuits, safety
                                                                         8 glasses, eye protection, and isolation gowns) and the dis-
                                                                         9 tribution of such equipment and items in accordance with
                                                                       10 subsection (c).
                                                                       11               (b) PURCHASE OF EQUIPMENT AND ITEMS.—The
                                                                       12 Secretary shall provide for the purchase of equipment and
                                                                       13 items described in subsection (a) for the clearinghouse
                                                                       14 through direct negotiations with entities selling such
                                                                       15 equipment or items. Any such purchase shall be made at
                                                                       16 a rate not exceeding the amount payable for such equip-
                                                                       17 ment or items by the Secretary of Veterans Affairs.
                                                                       18               (c) DISTRIBUTION.—The Secretary shall provide for
                                                                       19 the distribution of equipment and items purchased for the
                                                                       20 clearinghouse to health care providers enrolled under sec-
                                                                       21 tion 1866(j) of the Social Security Act (42 U.S.C.
                                                                       22 1395cc(j)) based on the demonstrated need of such pro-
                                                                       23 viders for such equipment and items.




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                                                                       24               (d) REPORT.—The Secretary shall submit to Con-
                                                                       25 gressional Oversight Commission established under section


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                                                                         1 4020 of division A of the CARES Act and publish on a
                                                                         2 public website a monthly report on expenditures under this
                                                                         3 section and distribution of equipment and items made
                                                                         4 through the clearinghouse. Such report shall include a
                                                                         5 breakdown of the geographic distribution of such equip-
                                                                         6 ment and items and a specification of the types of expendi-
                                                                         7 tures made under this section.
                                                                         8         TITLE II—MEDICAID AND CHIP
                                                                         9    SEC. 201. MEDICAID COVERAGE AT NO COST SHARING OF

                                                                       10                              COVID–19 VACCINE AND TREATMENT.

                                                                       11               (a) MEDICAID.—
                                                                       12                        (1) IN GENERAL.—Section 1905(a)(4) of the
                                                                       13               Social Security Act (42 U.S.C. 1396d(a)(4)) is
                                                                       14               amended—
                                                                       15                                  (A) by striking ‘‘and (D)’’ and inserting
                                                                       16                        ‘‘(D)’’; and
                                                                       17                                  (B) by striking the semicolon at the end
                                                                       18                        and inserting ‘‘; (E) a COVID–19 vaccine li-
                                                                       19                        censed under section 351 of the Public Health
                                                                       20                        Service Act and the administration of such vac-
                                                                       21                        cine; and (F) specified COVID–19 treatment
                                                                       22                        services (as defined in section 102(b) of the
                                                                       23                        Medicare Crisis Program Act of 2020);’’.




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                                                                       24                        (2) PROHIBITION OF COST SHARING.—




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                                                                         1                                 (A) IN GENERAL.—Subsections (a)(2) and
                                                                         2                       (b)(2) of section 1916 of the Social Security
                                                                         3                       Act (42 U.S.C. 1396o) are each amended—
                                                                         4                                        (i) in subparagraph (F), by striking
                                                                         5                                 ‘‘or’’ at the end;
                                                                         6                                        (ii) in subparagraph (G), by striking
                                                                         7                                 ‘‘; and’’ and inserting ‘‘, or’’; and
                                                                         8                                        (iii) by adding at the end the fol-
                                                                         9                                 lowing subparagraphs:
                                                                       10                                  ‘‘(H) a COVID–19 vaccine licensed under
                                                                       11                        section 351 of the Public Health Service Act
                                                                       12                        and the administration of such vaccine; or
                                                                       13                                  ‘‘(I) any specified COVID–19 treatment
                                                                       14                        service (as defined in section 102(b) of the
                                                                       15                        Medicare Crisis Program Act of 2020); and’’.
                                                                       16                                  (B) APPLICATION TO ALTERNATIVE COST
                                                                       17                        SHARING.—Section 1916A(b)(3)(B) of the So-

                                                                       18                        cial Security Act (42 U.S.C. 1396o–1(b)(3)(B))
                                                                       19                        is amended—
                                                                       20                                         (i) in clause (xi), by striking ‘‘any
                                                                       21                                  visit’’ and inserting ‘‘any service’’; and
                                                                       22                                         (ii) by adding at the end the following
                                                                       23                                  clauses:




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                                                                       24                                         ‘‘(xii) A COVID–19 vaccine licensed
                                                                       25                                  under section 351 of the Public Health


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                                                                         1                                 Service Act and the administration of such
                                                                         2                                 vaccine.
                                                                         3                                        ‘‘(xiii) A specified COVID–19 treat-
                                                                         4                                 ment service (as defined in section 102(b)
                                                                         5                                 of the Medicare Crisis Program Act of
                                                                         6                                 2020).’’.
                                                                         7                                 (C)         CLARIFICATION.—The                          amendments
                                                                         8                       made by this subsection shall apply with respect
                                                                         9                       to a State plan of a territory in the same man-
                                                                       10                        ner as a State plan of one of the 50 States.
                                                                       11               (b) STATE PEDIATRIC VACCINE DISTRIBUTION PRO-
                                                                       12     GRAM.—Section                    1928 of the Social Security Act (42
                                                                       13 U.S.C. 1396s) is amended—
                                                                       14                        (1) in subsection (a)(1)—
                                                                       15                                  (A) in subparagraph (A), by striking ‘‘;
                                                                       16                        and’’ and inserting a semicolon;
                                                                       17                                  (B) in subparagraph (B), by striking the
                                                                       18                        period and inserting ‘‘; and’’; and
                                                                       19                                  (C) by adding at the end the following sub-
                                                                       20                        paragraph:
                                                                       21                                  ‘‘(C) each vaccine-eligible child (as defined
                                                                       22                        in subsection (b)) is entitled to receive a
                                                                       23                        COVID–19 vaccine from a program-registered




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                                                                       24                        provider (as defined in subsection (h)(8)) with-
                                                                       25                        out charge for—


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                                                                         1                                        ‘‘(i) the cost of such vaccine; or
                                                                         2                                        ‘‘(ii) the administration of such vac-
                                                                         3                                 cine.’’;
                                                                         4                       (2) in subsection (c)(2)—
                                                                         5                                 (A) in subparagraph (C)(ii), by inserting ‘‘,
                                                                         6                       but may not impose a fee for the administration
                                                                         7                       of a COVID–19 vaccine’’ before the period; and
                                                                         8                                 (B) by adding at the end the following sub-
                                                                         9                       paragraph:
                                                                       10                                  ‘‘(D) The provider will provide and admin-
                                                                       11                        ister an approved COVID–19 vaccine to a vac-
                                                                       12                        cine-eligible child in accordance with the same
                                                                       13                        requirements as apply under the preceding sub-
                                                                       14                        paragraphs to the provision and administration
                                                                       15                        of a qualified pediatric vaccine to such a
                                                                       16                        child.’’; and
                                                                       17                        (3) in subsection (d)(1), in the first sentence,
                                                                       18               by inserting ‘‘, including with respect to a COVID–
                                                                       19               19 vaccine licensed under section 351 of the Public
                                                                       20               Health Service Act’’ before the period.
                                                                       21               (c) CHIP.—
                                                                       22                        (1) IN GENERAL.—Section 2103(c) of the So-
                                                                       23               cial Security Act (42 U.S.C. 1397cc(c)), as amended




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                                                                       24               by       section         6004(b)(1)               of       the      Families      First




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                                                                         1              Coronavirus Response Act, is amended by adding at
                                                                         2              the end the following paragraph:
                                                                         3                       ‘‘(11) COVERAGE OF COVID–19 VACCINES AND
                                                                         4              TREATMENT.—The child health assistance provided

                                                                         5              to a targeted low-income child shall include coverage
                                                                         6              of—
                                                                         7                                 ‘‘(A) any COVID–19 vaccine licensed
                                                                         8                       under section 351 of the Public Health Service
                                                                         9                       Act and the administration of such vaccine; and
                                                                       10                                  ‘‘(B) a specified COVID–19 treatment
                                                                       11                        service (as defined in section 102(b) of the
                                                                       12                        Medicare Crisis Program Act of 2020).’’.
                                                                       13                        (2) PROHIBITION OF COST SHARING.—Section
                                                                       14               2103(e)(2) of the Social Security Act (42 U.S.C.
                                                                       15               1397cc(e)(2)), as amended by section 6004(b)(3) of
                                                                       16               the Families First Coronavirus Response Act, is
                                                                       17               amended—
                                                                       18                                  (A) in the paragraph header, by inserting
                                                                       19                        ‘‘A COVID–19 VACCINE, COVID–19 TREATMENT,’’
                                                                       20                        before ‘‘OR PREGNANCY-RELATED ASSISTANCE’’;
                                                                       21                        and
                                                                       22                                  (B) by striking ‘‘visits described in section
                                                                       23                        1916(a)(2)(G), or’’ and inserting ‘‘services de-




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                                                                       24                        scribed in section 1916(a)(2)(G), vaccines de-




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                                                                         1                       scribed in section 1916(a)(2)(H), items or serv-
                                                                         2                       ices described in section 1916(a)(2)(I), or’’.
                                                                         3              (d) CONFORMING AMENDMENTS.—Section 1937 of
                                                                         4 the Social Security Act (42 U.S.C. 1396u–7) is amend-
                                                                         5 ed—
                                                                         6                       (1) in subsection (a)(1)(B), by inserting ‘‘,
                                                                         7              under               subclause                  (XXIII)                    of       section
                                                                         8              1902(a)(10)(A)(ii),’’                                   after                     ‘‘section
                                                                         9              1902(a)(10)(A)(i)’’; and
                                                                       10                        (2) in subsection (b)(5), by adding before the
                                                                       11               period the following: ‘‘, and, effective on the date of
                                                                       12               the enactment of the Medicare Crisis Program Act
                                                                       13               of 2020, must comply with subparagraphs (F)
                                                                       14               through (I) of subsections (a)(2) and (b)(2) of sec-
                                                                       15               tions 1916 and 1916A’’.
                                                                       16               (e) EFFECTIVE DATE.—The amendments made by
                                                                       17 this section shall take effect on the date of enactment of
                                                                       18 this Act and shall apply with respect to a COVID–19 vac-
                                                                       19 cine beginning on the date that such vaccine is licensed
                                                                       20 under section 351 of the Public Health Service Act (42
                                                                       21 U.S.C. 262).




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                                                                         1    SEC. 202. INCREASING THE TEMPORARY INCREASE OF

                                                                         2                             MEDICAID              FMAP             DURING          THE         COVID–19

                                                                         3                             EMERGENCY.

                                                                         4              (a) IN GENERAL.—Section 6008(a) of the Families
                                                                         5 First Coronavirus Response Act (Public Law 116–127) is
                                                                         6 amended by striking ‘‘6.2’’ and inserting ‘‘13’’.
                                                                         7              (b) EXTENSION OF PERIOD OF APPLICABILITY.—
                                                                         8 Section 6008 of such Act is amended—
                                                                         9                       (1) in subsection (a), by striking ‘‘such emer-
                                                                       10               gency period’’ and inserting ‘‘the specified period (as
                                                                       11               defined in subsection (d))’’;
                                                                       12                        (2) in subsection (b)(3)—
                                                                       13                                  (A) by striking ‘‘the emergency period’’
                                                                       14                        and inserting ‘‘the specified period (as defined
                                                                       15                        in subsection (d))’’; and
                                                                       16                                  (B) by striking ‘‘such emergency period’’
                                                                       17                        and inserting ‘‘such specified period’’; and
                                                                       18                        (3) by adding at the end the following new sub-
                                                                       19               section:
                                                                       20               ‘‘(d) SPECIFIED PERIOD.—In this section, the term
                                                                       21 ‘specified period’ means, with respect to a State, including
                                                                       22 the District of Columbia, American Samoa, Guam, the
                                                                       23 Commonwealth of the Northern Mariana Islands, Puerto
                                                                       24 Rico, and the United States Virgin Islands, the period be-




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                                                                       25 ginning on the first day of the emergency period described
                                                                       26 in subsection (a) and ending on the date that is 3 months
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                                                                         1 after the first day occurring on or after the date of the
                                                                         2 enactment of this section that the average unemployment
                                                                         3 rate for the 12-month period ending on such first day—
                                                                         4                       ‘‘(1) in such State is not more than 2 percent-
                                                                         5              age points higher that the average unemployment
                                                                         6              rate in such State during the period consisting of
                                                                         7              October 1 through December 31 of 2019; and
                                                                         8                       ‘‘(2) in the United States is not more than 2
                                                                         9              percentage points higher that the average unemploy-
                                                                       10               ment rate in the United States during the period
                                                                       11               consisting of October 1 through December 31 of
                                                                       12               2019.’’.
                                                                       13     SEC. 203. INCREASING FEDERAL SUPPORT TO STATE MED-

                                                                       14                              ICAID           PROGRAMS                   DURING              ECONOMIC

                                                                       15                              DOWNTURNS.

                                                                       16               (a) IN GENERAL.—Section 1905 of the Social Secu-
                                                                       17 rity Act (42 U.S.C. 1396d) is amended—
                                                                       18                        (1) in subsection (b), by striking ‘‘and (ff)’’ and
                                                                       19               inserting ‘‘(ff), and (gg)’’; and
                                                                       20                        (2) by adding at the end the following new sub-
                                                                       21               section:
                                                                       22               ‘‘(gg)        INCREASED                   FMAP             DURING             ECONOMIC
                                                                       23 DOWNTURNS.—




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                                                                       24                        ‘‘(1) IN GENERAL.—Notwithstanding subsection
                                                                       25               (b), (y), or (z)(2), if a fiscal quarter that begins on


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                                                                         1              or after January 1, 2020, is an economic downturn
                                                                         2              quarter (as defined in paragraph (2)) with respect to
                                                                         3              a State, then the Federal medical assistance percent-
                                                                         4              age applicable to amounts expended by the State for
                                                                         5              medical assistance for services furnished during such
                                                                         6              quarter shall be increased in accordance with para-
                                                                         7              graphs (3) and (4).
                                                                         8                       ‘‘(2) ECONOMIC DOWNTURN QUARTER.—
                                                                         9                                 ‘‘(A) IN GENERAL.—
                                                                       10                                         ‘‘(i) IN GENERAL.—In this subsection,
                                                                       11                                  the term ‘economic downturn quarter’
                                                                       12                                  means, with respect to a State, a fiscal
                                                                       13                                  quarter during which the State’s unem-
                                                                       14                                  ployment rate for the quarter exceeds the
                                                                       15                                  percentage determined for the State and
                                                                       16                                  quarter under clause (ii).
                                                                       17                                         ‘‘(ii) THRESHOLD PERCENTAGE.—The
                                                                       18                                  percentage determined under this clause
                                                                       19                                  for a State and fiscal quarter is the per-
                                                                       20                                  centage equal to the lower of—
                                                                       21                                                  ‘‘(I) the State unemployment
                                                                       22                                         rate at the 20th percentile of the dis-
                                                                       23                                         tribution of the State’s quarterly un-




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                                                                         1                                        period preceding the quarter involved,
                                                                         2                                        increased by 1 percentage point; and
                                                                         3                                                 ‘‘(II) the State’s average quar-
                                                                         4                                        terly unemployment rate for the 12-
                                                                         5                                        quarter period preceding the quarter
                                                                         6                                        involved, increased by 1 percentage
                                                                         7                                        point.
                                                                         8                                 ‘‘(B) UNEMPLOYMENT DATA.—
                                                                         9                                        ‘‘(i) IN          GENERAL.—Except                       as pro-
                                                                       10                                  vided in clause (ii), for purposes of deter-
                                                                       11                                  mining unemployment rates for a State
                                                                       12                                  and a quarter under this paragraph, the
                                                                       13                                  Secretary shall use data from the Local
                                                                       14                                  Area Unemployment Statistics from the
                                                                       15                                  Bureau of Labor Statistics.
                                                                       16                                         ‘‘(ii) APPLICATION TO CERTAIN TER-
                                                                       17                                  RITORIES.—In                the case of the Virgin Is-
                                                                       18                                  lands, Guam, the Northern Mariana Is-
                                                                       19                                  lands, or American Samoa, the Secretary
                                                                       20                                  shall use data from the U–6 unemployment
                                                                       21                                  measure of the Bureau of Labor Statistics
                                                                       22                                  to make any necessary determinations
                                                                       23                                  under subparagraph (A).




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                                                                       24                        ‘‘(3) FMAP                  INCREASE               DURING            ECONOMIC

                                                                       25               DOWNTURN QUARTER.—



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                                                                         1                                 ‘‘(A) IN GENERAL.—During a fiscal quar-
                                                                         2                       ter that is an economic downturn quarter with
                                                                         3                       respect to a State, the Federal medical assist-
                                                                         4                       ance percentage otherwise determined for the
                                                                         5                       State and quarter under subsection (b) and, if
                                                                         6                       applicable, the Federal medical assistance per-
                                                                         7                       centage applicable under subsection (y), (z)(2),
                                                                         8                       or (ff) with respect to medical assistance fur-
                                                                         9                       nished by the State during such quarter to indi-
                                                                       10                        viduals described in either such subsection shall
                                                                       11                        be increased by the number of percentage
                                                                       12                        points (rounded to the nearest tenth of a per-
                                                                       13                        centage point) equal to the product of—
                                                                       14                                         ‘‘(i) the number of percentage points
                                                                       15                                  (rounded to the nearest tenth of a percent-
                                                                       16                                  age point) by which the unemployment
                                                                       17                                  rate for the State and quarter exceeds the
                                                                       18                                  percentage determined for the State and
                                                                       19                                  quarter under paragraph (2)(A)(ii); and
                                                                       20                                         ‘‘(ii) 4.8.
                                                                       21                                  ‘‘(B) APPLICATION OF COVID–19 FMAP IN-
                                                                       22                        CREASE.—Any increase applicable to the Fed-

                                                                       23                        eral medical assistance percentage of a State




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                                                                       24                        for a fiscal quarter under subparagraph (A)
                                                                       25                        shall be in addition to any increase to such per-


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                                                                         1                       centage for such quarter made pursuant to sec-
                                                                         2                       tion 6008(a) of the Families First Coronavirus
                                                                         3                       Response Act.
                                                                         4                                 ‘‘(C) LIMITATION.—In no case shall an in-
                                                                         5                       crease to the Federal medical assistance per-
                                                                         6                       centage of a State under this paragraph result
                                                                         7                       in a Federal medical assistance percentage that
                                                                         8                       exceeds 95 percent.
                                                                         9                                 ‘‘(D) SCOPE OF APPLICATION.—Any in-
                                                                       10                        crease to the Federal medical assistance per-
                                                                       11                        centage of a State for a fiscal quarter under
                                                                       12                        this paragraph shall only apply with respect to
                                                                       13                        payments for amounts expended by the State
                                                                       14                        for medical assistance for services furnished
                                                                       15                        during such quarter and shall not apply with
                                                                       16                        respect to—
                                                                       17                                         ‘‘(i) disproportionate share hospital
                                                                       18                                  payments described in section 1923;
                                                                       19                                         ‘‘(ii) payments under title IV or XXI;
                                                                       20                                         ‘‘(iii) any payments under this title
                                                                       21                                  that are based on the enhanced FMAP de-
                                                                       22                                  scribed in section 2105(b); or
                                                                       23                                         ‘‘(iv) any payments under this title




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                                                                       24                                  that are based on a Federal medical assist-
                                                                       25                                  ance percentage determined for a State


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                                                                         1                                 under subsection (aa) (but only to the ex-
                                                                         2                                 tent that such Federal medical assistance
                                                                         3                                 percentage is higher than the economic re-
                                                                         4                                 covery FMAP).
                                                                         5                       ‘‘(4) ADVANCE PAYMENT; RETROSPECTIVE AD-
                                                                         6              JUSTMENT.—

                                                                         7                                 ‘‘(A) IN GENERAL.—Prior to the beginning
                                                                         8                       of each fiscal quarter that begins on or after
                                                                         9                       July 1, 2020, the Secretary shall, with respect
                                                                       10                        to each State—
                                                                       11                                         ‘‘(i) determine the increase (if any)
                                                                       12                                  that is expected to apply to the Federal
                                                                       13                                  medical assistance percentage of such
                                                                       14                                  State for such quarter under this sub-
                                                                       15                                  section based on the projections made for
                                                                       16                                  the State and quarter under subparagraph
                                                                       17                                  (B); and
                                                                       18                                         ‘‘(ii) shall apply such increase to the
                                                                       19                                  Federal medical assistance percentage of
                                                                       20                                  the State for purposes of making payments
                                                                       21                                  to the State for amounts expended during
                                                                       22                                  such quarter as medical assistance under
                                                                       23                                  the State plan.




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                                                                       24                                  ‘‘(B) PROJECTION OF STATE UNEMPLOY-
                                                                       25                        MENT RATES.—Prior to the beginning of each



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                                                                         1                       fiscal quarter that begins on or after July 1,
                                                                         2                       2020, the Secretary, acting through the Chief
                                                                         3                       Actuary of the Centers for Medicare & Medicaid
                                                                         4                       Services, shall, using the most recently available
                                                                         5                       data described in paragraph (2)(B), make pro-
                                                                         6                       jections with respect to—
                                                                         7                                        ‘‘(i) the unemployment rates for each
                                                                         8                                 State for such quarter;
                                                                         9                                        ‘‘(ii) the threshold percentages de-
                                                                       10                                  scribed in paragraph (2)(A)(ii) for each
                                                                       11                                  State for such quarter; and
                                                                       12                                         ‘‘(iii) the national unemployment rate
                                                                       13                                  for such quarter.
                                                                       14                                  ‘‘(C) RETROSPECTIVE                         ADJUSTMENT.—As

                                                                       15                        soon as practicable after final unemployment
                                                                       16                        data becomes available for a fiscal quarter that
                                                                       17                        begins on or after July 1, 2020, the Secretary
                                                                       18                        shall, with respect to each State—
                                                                       19                                         ‘‘(i) make a final determination of the
                                                                       20                                  increase (if any) applicable to the Federal
                                                                       21                                  medical assistance percentage of the State
                                                                       22                                  for the quarter under this subsection; and
                                                                       23                                         ‘‘(ii) in accordance with subsection




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                                                                       24                                  (d)(2) of section 1903, reduce or increase
                                                                       25                                  the amount payable to the State under


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                                                                         1                                 subsection (a) of such section for a subse-
                                                                         2                                 quent fiscal quarter to the extent of any
                                                                         3                                 overpayment or underpayment which the
                                                                         4                                 Secretary determines was made as a result
                                                                         5                                 of a miscalculation of the increase applica-
                                                                         6                                 ble to the Federal medical assistance per-
                                                                         7                                 centage of the State for such prior fiscal
                                                                         8                                 quarter under this subsection.
                                                                         9                       ‘‘(5) RETROSPECTIVE APPLICATION OF OVER-
                                                                       10               THE-LIMIT FMAP INCREASES.—

                                                                       11                                  ‘‘(A) IN GENERAL.—If a State has excess
                                                                       12                        percentage points with respect to an economic
                                                                       13                        downturn quarter and an applicable FMAP (as
                                                                       14                        determined under subparagraph (B)), the State
                                                                       15                        may elect to apply such excess percentage
                                                                       16                        points to increase such applicable FMAP for
                                                                       17                        one or more quarters during the look-back pe-
                                                                       18                        riod for the State and economic downturn quar-
                                                                       19                        ter in accordance with this paragraph.
                                                                       20                                  ‘‘(B) EXCESS PERCENTAGE POINTS.—For
                                                                       21                        purposes of this paragraph, the number of ex-
                                                                       22                        cess percentage points for a State, economic
                                                                       23                        downturn quarter, and an applicable FMAP




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                                                                       24                        shall be equal to the number of percentage
                                                                       25                        points by which—


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                                                                         1                                        ‘‘(i) the applicable FMAP for the
                                                                         2                                 State and quarter (after application of
                                                                         3                                 paragraph (3) but without regard to sub-
                                                                         4                                 paragraph (C) of such paragraph); exceeds
                                                                         5                                        ‘‘(ii) 95 percent.
                                                                         6                                 ‘‘(C) EFFECT OF APPLICATION OF EXCESS
                                                                         7                       PERCENTAGE                 POINTS.—If                a State elects to
                                                                         8                       apply excess percentage points to an applicable
                                                                         9                       FMAP to a quarter during a look-back period
                                                                       10                        under this paragraph, the Secretary shall deter-
                                                                       11                        mine the additional amount of payment under
                                                                       12                        section 1903(a) to which the State would have
                                                                       13                        been entitled for such quarter if the applicable
                                                                       14                        FMAP (as so increased) had been in effect for
                                                                       15                        such quarter, and shall treat such additional
                                                                       16                        amount as an underpayment for such quarter.
                                                                       17                                  ‘‘(D) DISTRIBUTION OF EXCESS PERCENT-
                                                                       18                        AGE POINTS.—A State that has excess percent-

                                                                       19                        age points with respect to an economic down-
                                                                       20                        turn quarter and applicable FMAP may elect to
                                                                       21                        divide such points among more than 1 quarter
                                                                       22                        during the look-back period for such State and
                                                                       23                        quarter provided that no excess percentage




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                                                                       24                        point (or fraction of an excess percentage point)




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                                                                         1                       is applied to the applicable FMAP of more than
                                                                         2                       1 quarter.
                                                                         3                                 ‘‘(E) LIMITATIONS.—
                                                                         4                                         ‘‘(i) NO INCREASES OVER 100 PER-
                                                                         5                                 CENT.—A State may not increase an appli-

                                                                         6                                 cable FMAP for any quarter during a look-
                                                                         7                                 back period under this paragraph if such
                                                                         8                                 increase would result in the applicable
                                                                         9                                 FMAP for such quarter exceeding 100 per-
                                                                       10                                  cent.
                                                                       11                                          ‘‘(ii) SCOPE               OF APPLICATION.—Any

                                                                       12                                  increase to an applicable FMAP of a State
                                                                       13                                  for a fiscal quarter under this paragraph—
                                                                       14                                                  ‘‘(I) shall only apply with respect
                                                                       15                                          to payments for amounts expended by
                                                                       16                                          the State for medical assistance for
                                                                       17                                          services furnished during such quarter
                                                                       18                                          to which such applicable FMAP is ap-
                                                                       19                                          plicable; and
                                                                       20                                                  ‘‘(II) shall not apply with respect
                                                                       21                                          to payments described in paragraph
                                                                       22                                          (3)(D).
                                                                       23                                  ‘‘(F) DEFINITIONS.—In this paragraph:




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                                                                         1                                        ‘‘(i) APPLICABLE                     FMAP.—The          term
                                                                         2                                 ‘applicable FMAP’ means, with respect to
                                                                         3                                 a State and fiscal quarter—
                                                                         4                                                 ‘‘(I) the Federal medical assist-
                                                                         5                                        ance percentage determined for the
                                                                         6                                        State and quarter under subsection
                                                                         7                                        (b);
                                                                         8                                                 ‘‘(II) the Federal medical assist-
                                                                         9                                        ance percentage applicable under sub-
                                                                       10                                         section (y);
                                                                       11                                                  ‘‘(III) the Federal medical assist-
                                                                       12                                         ance percentage applicable under sub-
                                                                       13                                         section (z)(2); or
                                                                       14                                                  ‘‘(IV) the Federal medical assist-
                                                                       15                                         ance percentage determined for the
                                                                       16                                         State and quarter under subsection
                                                                       17                                         (ff).
                                                                       18                                         ‘‘(ii) LOOK-BACK PERIOD.—The term
                                                                       19                                  ‘look-back period’ means, with respect to a
                                                                       20                                  State and a fiscal quarter that is an eco-
                                                                       21                                  nomic downturn quarter for the State, the
                                                                       22                                  period of 4 fiscal quarters that ends with
                                                                       23                                  the fourth quarter which precedes the most




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                                                                       24                                  recent fiscal quarters that was not an eco-
                                                                       25                                  nomic downturn quarter for the State.


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                                                                         1                       ‘‘(6) REQUIREMENT FOR ALL STATES.—A State
                                                                         2              may not receive an increase in the Federal medical
                                                                         3              assistance percentage for such State under this sub-
                                                                         4              section, with respect to a fiscal quarter, if—
                                                                         5                                 ‘‘(A) eligibility standards, methodologies,
                                                                         6                       or procedures under the State plan or a waiver
                                                                         7                       of such plan are more restrictive during such
                                                                         8                       quarter than the eligibility standards, meth-
                                                                         9                       odologies, or procedures, respectively, under
                                                                       10                        such plan (or waiver) as in effect on the last
                                                                       11                        day of the most recent fiscal quarter that was
                                                                       12                        not an economic downturn quarter for the
                                                                       13                        State;
                                                                       14                                  ‘‘(B) the amount of any premium imposed
                                                                       15                        by the State pursuant to section 1916 or 1916A
                                                                       16                        during such quarter, with respect to an indi-
                                                                       17                        vidual enrolled under such plan (or waiver), ex-
                                                                       18                        ceeds the amount of such premium as of the
                                                                       19                        date described in subparagraph (A); or
                                                                       20                                  ‘‘(C) the State fails to provide that an in-
                                                                       21                        dividual who is enrolled for benefits under such
                                                                       22                        plan (or waiver) as of the date described in sub-
                                                                       23                        paragraph (A) or enrolls for benefits under




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                                                                       24                        such plan (or waiver) during the period begin-
                                                                       25                        ning with such date and ending with the day


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                                                                         1                       before the first day of the next quarter that is
                                                                         2                       not an economic downturn quarter for the State
                                                                         3                       shall be treated as eligible for such benefits for
                                                                         4                       not less than 12 months (or, if such period is
                                                                         5                       less than 12 months, throughout such period)
                                                                         6                       unless the individual requests a voluntary ter-
                                                                         7                       mination of eligibility or the individual ceases to
                                                                         8                       be a resident of the State.’’.
                                                                         9              (b) EXCLUSION OF ECONOMIC DOWNTURN FMAP
                                                                       10 INCREASES FROM TERRITORIAL CAPS.—Section 1108 of
                                                                       11 the Social Security Act (42 U.S.C. 1308) is amended—
                                                                       12                        (1) in subsection (f), in the matter preceding
                                                                       13               paragraph (1), by striking ‘‘subsection (g) and sec-
                                                                       14               tion 1935(e)(1)(B)’’ and inserting ‘‘subsections (g)
                                                                       15               and (h) and section 1935(e)(1)(B)’’; and
                                                                       16                        (2) by adding at the end the following:
                                                                       17               ‘‘(h) EXCLUSION FROM CAPS OF AMOUNTS ATTRIB-
                                                                       18     UTABLE TO ECONOMIC DOWNTURN FMAP.—The portion

                                                                       19 of any payment made to a territory for a fiscal year that
                                                                       20 is attributable to an increase in the Federal medical assist-
                                                                       21 ance percentage for a fiscal quarter during such year
                                                                       22 under section 1905(gg) shall not be taken into account
                                                                       23 for purposes of applying payment limits under subsections




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                                                                       24 (f) and (g).’’.




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                                                                         1    SEC. 204. 100 PERCENT FMAP FOR INDIVIDUALS ENROLL-

                                                                         2                             ING UNDER MEDICAID DURING THE COVID–19

                                                                         3                             EMERGENCY.

                                                                         4              (a) IN GENERAL.—Notwithstanding any other provi-
                                                                         5 sion of law, the Federal medical assistance percentage oth-
                                                                         6 erwise determined under section 1905(b) of the Social Se-
                                                                         7 curity Act (42 U.S.C. 1396d(b)) with respect to medical
                                                                         8 assistance furnished during a specified period to a speci-
                                                                         9 fied individual under a State plan (or waiver of such plan)
                                                                       10 under title XIX of such Act shall be 100 percent.
                                                                       11               (b) DEFINITIONS.—In this section:
                                                                       12                        (1) SPECIFIED INDIVIDUAL.—The term ‘‘speci-
                                                                       13               fied individual’’ means an individual who enrolls
                                                                       14               under the State plan (or waiver of such plan) under
                                                                       15               title XIX of the Social Security Act (42 U.S.C. 1396
                                                                       16               et seq.) during the emergency period described in
                                                                       17               section 1135(g)(1)(B) of such Act (42 U.S.C.
                                                                       18               1320b–5(g)(1)(B)).
                                                                       19                        (2) SPECIFIED PERIOD.—The term ‘‘specified
                                                                       20               period’’ means, with respect to a State, including the
                                                                       21               District of Columbia, American Samoa, Guam, the
                                                                       22               Commonwealth of the Northern Mariana Islands,
                                                                       23               Puerto Rico, and the United States Virgin Islands,
                                                                       24               the period beginning on the first day of the emer-




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                                                                       25               gency period described in subsection (a) and ending
                                                                       26               on the date that is 3 months after the first day oc-
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                                                                         1              curring on or after the date of the enactment of this
                                                                         2              section that the average unemployment rate for the
                                                                         3              12-month period ending on such first day—
                                                                         4                                 (A) in such State is not more than 2 per-
                                                                         5                       centage points higher that the average unem-
                                                                         6                       ployment rate in such State during the period
                                                                         7                       consisting of October 1 through December 31
                                                                         8                       of 2019; and
                                                                         9                                 (B) in the United States is not more than
                                                                       10                        2 percentage points higher that the average un-
                                                                       11                        employment rate in the United States during
                                                                       12                        the period consisting of October 1 through De-
                                                                       13                        cember 31 of 2019.
                                                                       14     SEC. 205. MANDATORY APPROVAL OF WAIVERS TO COVER

                                                                       15                              CERTAIN             INDIVIDUALS                 UNDER              MEDICAID

                                                                       16                              DURING THE COVID–19 EMERGENCY.

                                                                       17               Section 1115(d) of the Social Security Act (42 U.S.C.
                                                                       18 1315(d)) is amended by adding at the end the following
                                                                       19 new paragraph:
                                                                       20               ‘‘(4) Notwithstanding any other provision of this sec-
                                                                       21 tion, the Secretary shall approve an application for a dem-
                                                                       22 onstration project under this section to the extent that
                                                                       23 such project allows an individual whose income (as deter-




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                                                                       24 mined under section 1902(e)(14)) does not exceed 300
                                                                       25 percent of the poverty line (as defined in section


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                                                                         1 2110(c)(5)) applicable to a family of the size involved, to
                                                                         2 enroll under the State plan (or waiver of such plan) under
                                                                         3 title XIX of the State submitting such application.’’.
                                                                         4             TITLE III—MISCELLANEOUS
                                                                         5    SEC. 301. GROUP HEALTH PLAN AND HEALTH INSURANCE

                                                                         6                             ISSUER COVERAGE OF COVID–19 RELATED

                                                                         7                             TREATMENT AT NO COST SHARING.

                                                                         8              (a) IN GENERAL.—A group health plan and a health
                                                                         9 insurance issuer offering group or individual health insur-
                                                                       10 ance coverage (including a grandfathered health plan (as
                                                                       11 defined in section 1251(e) of the Patient Protection and
                                                                       12 Affordable Care Act)) shall provide coverage, and shall not
                                                                       13 impose any cost sharing (including deductibles, copay-
                                                                       14 ments, and coinsurance) requirements, for specified
                                                                       15 COVID–19 treatment services (as defined in section
                                                                       16 102(b)) furnished during any portion of the emergency pe-
                                                                       17 riod defined in paragraph (1)(B) of section 1135(g) of the
                                                                       18 Social Security Act (42 U.S.C. 1320b–5(g)) beginning on
                                                                       19 or after the date of the enactment of this Act.
                                                                       20               (b) REIMBURSEMENT TO PLANS AND COVERAGE FOR
                                                                       21 WAIVING COST SHARING.—
                                                                       22                        (1) IN GENERAL.—A group health plan or a
                                                                       23               health insurance issuer offering group or individual




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                                                                       24               health insurance coverage (including a grandfathered
                                                                       25               health plan (as defined in section 1251(e) of the Pa-


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                                                                         1              tient Protection and Affordable Care Act)) that does
                                                                         2              not impose cost sharing requirements as described in
                                                                         3              subsection (a) shall notify the Secretary of Health
                                                                         4              and Human Services, Secretary of Labor, and Sec-
                                                                         5              retary of the Treasury (through a joint process es-
                                                                         6              tablished jointly by the Secretaries) of the total dol-
                                                                         7              lar amount of cost sharing that, but for the applica-
                                                                         8              tion of subsection (a), would have been required
                                                                         9              under such plans and coverage for items and serv-
                                                                       10               ices related to COVID–19 furnished during the pe-
                                                                       11               riod to which subsection (a) applies to enrollees, par-
                                                                       12               ticipants, and beneficiaries in the plan or coverage to
                                                                       13               whom such subsection applies, but which was not
                                                                       14               imposed for such items and services so furnished
                                                                       15               pursuant to such subsection and the Secretary of
                                                                       16               Health and Human Services, in coordination with
                                                                       17               the Secretary of Labor and the Secretary of the
                                                                       18               Treasury, shall make payments in accordance with
                                                                       19               this subsection to the plan or issuer equal to such
                                                                       20               total dollar amount.
                                                                       21                        (2) METHODOLOGY FOR PAYMENTS.—The Sec-
                                                                       22               retary of Health and Human Services, in coordina-
                                                                       23               tion with the Secretary of Labor and the Secretary




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                                                                       24               of the Treasury shall establish a payment system for
                                                                       25               making payments under this subsection. Any such


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                                                                         1              system shall make payment for the value of cost
                                                                         2              sharing not imposed by the plan or issuer involved.
                                                                         3                       (3) TIMING OF PAYMENTS.—Payments made
                                                                         4              under paragraph (1) shall be made no later than
                                                                         5              May 1, 2021, for amounts of cost sharing waivers
                                                                         6              with respect to 2020. Payments under this sub-
                                                                         7              section with respect to such waivers with respect to
                                                                         8              a year subsequent to 2020 that begins during the
                                                                         9              period to which subsection (a) applies shall be made
                                                                       10               no later than May of the year following such subse-
                                                                       11               quent year.
                                                                       12                        (4) APPROPRIATIONS.—There is authorized to
                                                                       13               be appropriated, and there is appropriated, out of
                                                                       14               any monies in the Treasury not otherwise appro-
                                                                       15               priated, such funds as are necessary to carry out
                                                                       16               this subsection.
                                                                       17               (c) ENFORCEMENT.—
                                                                       18                        (1) APPLICATION                      WITH         RESPECT            TO   PHSA,

                                                                       19               ERISA, AND IRC.—The                            provisions of this section
                                                                       20               shall be applied by the Secretary of Health and
                                                                       21               Human Services, Secretary of Labor, and Secretary
                                                                       22               of the Treasury to group health plans and health in-
                                                                       23               surance issuers offering group or individual health




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                                                                       24               insurance coverage as if included in the provisions of
                                                                       25               part A of title XXVII of the Public Health Service


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                                                                         1              Act, part 7 of the Employee Retirement Income Se-
                                                                         2              curity Act of 1974, and subchapter B of chapter 100
                                                                         3              of the Internal Revenue Code of 1986, as applicable.
                                                                         4                       (2) PRIVATE RIGHT OF ACTION.—An individual
                                                                         5              with respect to whom an action is taken by a group
                                                                         6              health plan or health insurance issuer offering group
                                                                         7              or individual health insurance coverage in violation
                                                                         8              of subsection (a) may commence a civil action
                                                                         9              against the plan or issuer for appropriate relief. The
                                                                       10               previous sentence shall not be construed as limiting
                                                                       11               any enforcement mechanism otherwise applicable
                                                                       12               pursuant to paragraph (1).
                                                                       13               (d) IMPLEMENTATION.—The Secretary of Health and
                                                                       14 Human Services, Secretary of Labor, and Secretary of the
                                                                       15 Treasury may implement the provisions of this section
                                                                       16 through sub-regulatory guidance, program instruction, or
                                                                       17 otherwise.
                                                                       18               (e) TERMS.—In this section, the terms ‘‘group health
                                                                       19 plan’’, ‘‘health insurance issuer’’, ‘‘group health insurance
                                                                       20 coverage’’, and ‘‘individual health insurance coverage’’
                                                                       21 have the meanings given such terms in section 2791 of
                                                                       22 the Public Health Service Act (42 U.S.C. 300gg–91), sec-
                                                                       23 tion 733 of the Employee Retirement Income Security Act




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                                                                       24 of 1974 (29 U.S.C. 1191b), and section 9832 of the Inter-
                                                                       25 nal Revenue Code of 1986, as applicable.


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                                                                                                                              61
                                                                         1    SEC. 302. PAYMENT FOR SPECIFIED COVID–19 TREATMENT

                                                                         2                             SERVICES FURNISHED TO THE UNINSURED.

                                                                         3              (a) IN GENERAL.—The Secretary of Health and
                                                                         4 Human Services shall pay to a health care provider that
                                                                         5 furnishes a specified COVID–19 treatment service (as de-
                                                                         6 fined in section 102) to an uninsured individual (as de-
                                                                         7 fined in subsection (b)) an amount equal to the amount
                                                                         8 that would have been payable (including any cost-sharing
                                                                         9 requirement) under title XVIII of the Social Security Act
                                                                       10 (42 U.S.C. 1395 et seq.) had such service been furnished
                                                                       11 to an individual entitled to benefits under part A and en-
                                                                       12 rolled under part B of such title.
                                                                       13               (b) UNINSURED INDIVIDUAL.—For purposes of this
                                                                       14 section, the term ‘‘uninsured individual’’ means an indi-
                                                                       15 vidual who—
                                                                       16                        (1) is not enrolled in a group health plan or in
                                                                       17               group or individual health insurance coverage (as de-
                                                                       18               fined in section 2791 of the Public Health Service
                                                                       19               Act (42 U.S.C. 300gg–91)); and
                                                                       20                        (2) is not enrolled in a Federal health care pro-
                                                                       21               gram (as defined in section 1128B(f) of the Social
                                                                       22               Security Act (42 U.S.C. 1320a–7b(f))) or under the
                                                                       23               program established under chapter 89 of title 5,
                                                                       24               United States Code.




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                                                                       25               (c) HOLDING UNINSURED INDIVIDUAL HARMLESS
                                                                       26     FOR SPECIFIED COVID-19 TREATMENT SERVICES.—

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                                                                                                                              62
                                                                         1                       (1) IN GENERAL.—A health care provider re-
                                                                         2              ceiving payment under subsection (a) for a specified
                                                                         3              COVID–19 treatment service furnished to an indi-
                                                                         4              vidual may not hold such individual liable for any
                                                                         5              amount for such service.
                                                                         6                       (2) ENFORCEMENT.—A health care provider
                                                                         7              who violates subsection (a) shall be subject to a civil
                                                                         8              monetary penalty determined appropriate by the
                                                                         9              Secretary of Health and Human Services. The provi-
                                                                       10               sion of section 1128A of the Social Security Act (42
                                                                       11               U.S.C. 1320a–7a) (other than subsections (a) and
                                                                       12               (b)) shall apply with respect to a civil monetary pen-
                                                                       13               alty imposed under the previous sentence in the
                                                                       14               same manner as such provisions apply with respect
                                                                       15               to a penalty or proceeding under subsection (a) of
                                                                       16               such section.
                                                                                                                              Æ




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