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H.R. 6837 — Medicare Accelerated and Advance Payments Improvement Act of 2020 (May 12, 2020)

Summary

H.R. 6837, the Medicare Accelerated and Advance Payments Improvement Act of 2020, is a bill introduced in the House of Representatives on May 12, 2020 by Mr. Schneider and referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce. Its stated purpose is to amend title XVIII of the Social Security Act to modify the accelerated and advance payment programs under parts A and B of the Medicare program during the COVID-19 emergency. Section 2 begins with a subsection on special repayment rules.

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Issuer
Congressional materials
Document type
Bills Bills 116Hr6837Ih Bills 116Hr6837Ih
Case
Bills Bills 116Hr6837Ih Bills 116Hr6837Ih

Cite this document

“H.R. 6837 — Medicare Accelerated and Advance Payments Improvement Act of 2020 (May 12, 2020).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116hr6837ih-bills-116hr6837ih/, SHA-256 a04c5d57e6df9012994d21da8abe3add3145f313eba480978d193ec63a49f910.

Full text

                                                                                                                                                                          I




                                                                       116TH CONGRESS
                                                                          2D SESSION
                                                                                                            H. R. 6837
                                                                       To amend title XVIII of the Social Security Act to modify the accelerated
                                                                           and advance payment programs under parts A and B of the Medicare
                                                                           program during the COVID-19 emergency.




                                                                                    IN THE HOUSE OF REPRESENTATIVES
                                                                                                         MAY 12, 2020
                                                                       Mr. SCHNEIDER (for himself, Mr. KIND, Ms. SEWELL of Alabama, and Mr.
                                                                           DANNY K. DAVIS of Illinois) introduced the following bill; which was re-
                                                                           ferred to the Committee on Ways and Means, and in addition to the
                                                                           Committee on Energy and Commerce, for a period to be subsequently de-
                                                                           termined by the Speaker, in each case for consideration of such provisions
                                                                           as fall within the jurisdiction of the committee concerned




                                                                                                                 A BILL
                                                                       To amend title XVIII of the Social Security Act to modify
                                                                          the accelerated and advance payment programs under
                                                                          parts A and B of the Medicare program during the
                                                                          COVID-19 emergency.

                                                                         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 Accelerated




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                                                                         5 and Advance Payments Improvement Act of 2020’’.




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                                                                         1    SEC. 2. MODIFYING THE ACCELERATED AND ADVANCE PAY-

                                                                         2                             MENT PROGRAMS UNDER PARTS A AND B OF

                                                                         3                             THE        MEDICARE               PROGRAM                  DURING   THE

                                                                         4                             COVID-19 EMERGENCY.

                                                                         5              (a) SPECIAL REPAYMENT RULES.—
                                                                         6                       (1) PART A.—Section 1815(f)(2)(C) of the So-
                                                                         7              cial Security Act (42 U.S.C. 1395g(f)(2)(C)) is
                                                                         8              amended to read as follows:
                                                                         9                       ‘‘(C) In the case of an accelerated payment
                                                                       10               made under such program on or after the date of
                                                                       11               the enactment of the CARES Act and so made dur-
                                                                       12               ing the emergency period described in section
                                                                       13               1135(g)(1)(B)—
                                                                       14                                  ‘‘(i) such payment shall be treated as if
                                                                       15                        such payment were made from the General
                                                                       16                        Fund of the Treasury;
                                                                       17                                  ‘‘(ii) upon request of the hospital, the Sec-
                                                                       18                        retary shall—
                                                                       19                                         ‘‘(I) provide 1 year before claims are
                                                                       20                                  offset to recoup such payment;
                                                                       21                                         ‘‘(II) provide that any such offset of a
                                                                       22                                  claim to recoup such payment shall not ex-
                                                                       23                                  ceed 25 percent of the amount of such
                                                                       24                                  claim; and




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                                                                       25                                         ‘‘(III) allow not less than 2 years
                                                                       26                                  from the date of the first accelerated pay-
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                                                                         1                                 ment before requiring that the outstanding
                                                                         2                                 balance be paid in full; and
                                                                         3                                 ‘‘(iii) the Secretary may waive the require-
                                                                         4                       ment that such payment be repaid (or re-
                                                                         5                       couped) if, not earlier than 2 years from the
                                                                         6                       date of the first accelerated payment, the hos-
                                                                         7                       pital submits to the Secretary a request for
                                                                         8                       such waiver containing such information that
                                                                         9                       demonstrates that—
                                                                       10                                         ‘‘(I) requiring repayment of such pay-
                                                                       11                                  ment (or recouping such payment) would
                                                                       12                                  constitute an extreme hardship for the hos-
                                                                       13                                  pital;
                                                                       14                                         ‘‘(II) the hospital made efforts to
                                                                       15                                  maintain a comparable number of employ-
                                                                       16                                  ees at a comparable level of pay during the
                                                                       17                                  such emergency period compared to the
                                                                       18                                  number of, and level of pay for, such em-
                                                                       19                                  ployees as of the day before the beginning
                                                                       20                                  of such period; and
                                                                       21                                         ‘‘(III) the hospital did not increase ex-
                                                                       22                                  ecutive compensation or undertake any
                                                                       23                                  stock buyback, if applicable, during such
                                                                       24                                  emergency period.’’.



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                                                                       25                        (2) PART B.—


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                                                                         1                                 (A) CONTINUING CONDUCT OF ADVANCE
                                                                         2                       PAYMENT                PROGRAM.—Notwithstanding                             any
                                                                         3                       other provision of law, the Secretary of Health
                                                                         4                       and Human Services shall carry out the pro-
                                                                         5                       gram described in section 421.214 of title 42,
                                                                         6                       Code of Federal Regulations (or a successor
                                                                         7                       regulation) for the duration of the emergency
                                                                         8                       period described in section 1135(g)(1)(B) of the
                                                                         9                       Social         Security              Act       (42        U.S.C.         1320b–
                                                                       10                        5(g)(1)(B)).
                                                                       11                                  (B) REPAYMENT RULES.—In carrying out
                                                                       12                        the program described in section 421.214 of
                                                                       13                        title 42, Code of Federal Regulations (or a suc-
                                                                       14                        cessor regulation), in the case of a payment
                                                                       15                        made under such program on or after the date
                                                                       16                        of the enactment of the CARES Act (Public
                                                                       17                        Law 116–136) and so made during the emer-
                                                                       18                        gency period described in section 1135(g)(1)(B)
                                                                       19                        of the Social Security Act (42 U.S.C. 1320b–
                                                                       20                        5(g)(1)(B)), the Secretary of Health and
                                                                       21                        Human Services—
                                                                       22                                         (i) shall treat such payment as if such
                                                                       23                                  payment were made from the General
                                                                       24                                  Fund of the Treasury; and



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                                                                         1                                        (ii) upon request of the entity receiv-
                                                                         2                                 ing such payment, shall—
                                                                         3                                                 (I) provide 1 year before claims
                                                                         4                                        are offset to recoup the payment;
                                                                         5                                                 (II) provide that any such offset
                                                                         6                                        of a claim to recoup such payment
                                                                         7                                        shall not exceed 25 percent of the
                                                                         8                                        amount of such claim; and
                                                                         9                                                 (III) allow not less than 2 years
                                                                       10                                         from the date of the first advance
                                                                       11                                         payment before requiring that the
                                                                       12                                         outstanding balance be paid in full;
                                                                       13                                         and
                                                                       14                                         (iii) may waive the requirement that
                                                                       15                                  such payment be repaid (or recouped) if,
                                                                       16                                  not earlier than 2 years from the date of
                                                                       17                                  the first advance payment, the entity sub-
                                                                       18                                  mits to the Secretary a request for such
                                                                       19                                  waiver containing such information that
                                                                       20                                  demonstrates that—
                                                                       21                                                  (I) requiring repayment of such
                                                                       22                                         payment (or recouping such payment)
                                                                       23                                         would constitute an extreme hardship
                                                                       24                                         for the entity;



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                                                                         1                                                 (II) the entity made efforts to
                                                                         2                                        maintain a comparable number of em-
                                                                         3                                        ployees at a comparable level of pay
                                                                         4                                        during the such emergency period
                                                                         5                                        compared to the number of, and level
                                                                         6                                        of pay for, such employees as of the
                                                                         7                                        day before the beginning of such pe-
                                                                         8                                        riod; and
                                                                         9                                                 (III) the entity did not increase
                                                                       10                                         executive compensation or undertake
                                                                       11                                         any stock buyback, if applicable, dur-
                                                                       12                                         ing such emergency period.
                                                                       13               (b) INTEREST RATES.—
                                                                       14                        (1) PART A.—Section 1815(d) of the Social Se-
                                                                       15               curity Act (42 U.S.C. 1395g(d)) is amended by in-
                                                                       16               serting before the period at the end the following:
                                                                       17               ‘‘(or, in the case of such a determination made with
                                                                       18               respect to a payment made on or after the date of
                                                                       19               the enactment of the CARES Act and during the
                                                                       20               emergency period described in section 1135(g)(1)(B)
                                                                       21               under the program under subsection (e)(3), at a rate
                                                                       22               of 1 percent)’’.
                                                                       23                        (2) PART B.—Section 1833(j) of the Social Se-
                                                                       24               curity Act (42 U.S.C. 1395l(j)) is amended by in-



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                                                                       25               serting before the period at the end the following:


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                                                                         1              ‘‘(or, in the case of such a determination made with
                                                                         2              respect to a payment made on or after the date of
                                                                         3              the enactment of the CARES Act and during the
                                                                         4              emergency period described in section 1135(g)(1)(B)
                                                                         5              under the program described in section 421.214 of
                                                                         6              title 42, Code of Federal Regulations (or a successor
                                                                         7              regulation), at a rate of 1 percent)’’.
                                                                         8              (c) REPORT.—
                                                                         9                       (1) REPORTS DURING COVID-19 EMERGENCY.—
                                                                       10               Not later than 2 weeks after the date of the enact-
                                                                       11               ment of this section, and every 2 weeks thereafter
                                                                       12               during the emergency period described in section
                                                                       13               1135(g)(1)(B) of the Social Security Act (42 U.S.C.
                                                                       14               1320b–5(g)(1)(B)), the Secretary of Health and
                                                                       15               Human Services shall submit to the Committee on
                                                                       16               Ways and Means and the Committee on Energy and
                                                                       17               Commerce of the House of Representatives, and the
                                                                       18               Committee on Finance of the Senate, a report that
                                                                       19               includes the following:
                                                                       20                                  (A) The total amount of payments made
                                                                       21                        under section 1815(e)(3) of the Social Security
                                                                       22                        Act (42 U.S.C. 1395g(e)(3)) and under the pro-
                                                                       23                        gram described in section 421.214 of title 42,
                                                                       24                        Code of Federal Regulations (or a successor



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                                                                         1                       regulation) during the 2-week period preceding
                                                                         2                       the date of the submission of such report.
                                                                         3                                 (B) The number of entities receiving such
                                                                         4                       payments during such period.
                                                                         5                                 (C) A specification of each such entity.
                                                                         6                       (2) REPORTS AFTER COVID-19 EMERGENCY.—
                                                                         7                                 (A) IN           GENERAL.—Not                      later than 6
                                                                         8                       months after the termination of the emergency
                                                                         9                       period described in paragraph (1), and every 6
                                                                       10                        months thereafter until all specified payments
                                                                       11                        (as defined in subparagraph (B)) have been re-
                                                                       12                        couped or repaid, the Secretary of Health and
                                                                       13                        Human Services shall submit to the Committee
                                                                       14                        on Ways and Means and the Committee on En-
                                                                       15                        ergy and Commerce of the House of Represent-
                                                                       16                        atives, and the Committee on Finance of the
                                                                       17                        Senate, a report that includes the following:
                                                                       18                                         (i) The total amount of all specified
                                                                       19                                  payments that have been recouped or re-
                                                                       20                                  paid.
                                                                       21                                         (ii) The total amount of all specified
                                                                       22                                  payments that have been recouped or re-
                                                                       23                                  paid.




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                                                                         1                                        (iii) The amount of interest that has
                                                                         2                                 accrued with respect to all specified pay-
                                                                         3                                 ments.
                                                                         4                                 (B) SPECIFIED PAYMENTS.—For purposes
                                                                         5                       of subparagraph (A), the term ‘‘specified pay-
                                                                         6                       ments’’ means all payments made under section
                                                                         7                       1815(e)(3) of the Social Security Act (42
                                                                         8                       U.S.C. 1395g(e)(3)) or under the program de-
                                                                         9                       scribed in section 421.214 of title 42, Code of
                                                                       10                        Federal Regulations (or a successor regulation)
                                                                       11                        made on or after the date of the enactment of
                                                                       12                        the CARES Act (Public Law 116–136) during
                                                                       13                        the emergency period described in such sub-
                                                                       14                        paragraph.
                                                                                                                              Æ




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