H. R. 8900, One Hundred Sixteenth Congress of the United States of America
Summary
H.R. 8900 is an Act making further continuing appropriations for fiscal year 2021, and for other purposes, passed in the second session of the One Hundred Sixteenth Congress. It may be cited as the Further Continuing Appropriations Act, 2021, and Other Extensions Act. The table of contents lists Division A, Further Continuing Appropriations Act, 2021, and Division B, Health Extenders. Section 101 amends the Continuing Appropriations Act, 2021 (division A of Public Law 116–159) by striking the date specified in section 106(3) and inserting December 18, 2020.
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“H. R. 8900, One Hundred Sixteenth Congress of the United States of America.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116hr8900enr-bills-116hr8900enr/
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H. R. 8900
One Hundred Sixteenth Congress
of the
United States of America
AT T H E S E C O N D S E S S I O N
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and twenty
An Act
Making further continuing appropriations for fiscal year 2021, and for other pur-
poses.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Further Continuing Appropria-
tions Act, 2021, and Other Extensions Act’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
DIVISION A—FURTHER CONTINUING APPROPRIATIONS ACT, 2021
DIVISION B—HEALTH EXTENDERS
Title I—Medicare and Medicaid Extenders
Title II—Public Health Extenders and Food and Drug Administration Provisions
Title III—Offsets
Title IV—Budgetary Effects
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to ‘‘this
Act’’ contained in any division of this Act shall be treated as
referring only to the provisions of that division.
DIVISION A—FURTHER CONTINUING
APPROPRIATIONS ACT, 2021
SEC. 101. The Continuing Appropriations Act, 2021 (division
A of Public Law 116–159) is amended by striking the date specified
in section 106(3) and inserting ‘‘December 18, 2020’’.
This division may be cited as the ‘‘Further Continuing Appro-
priations Act, 2021’’.
H. R. 8900—2
DIVISION B—HEALTH EXTENDERS
TITLE I—MEDICARE AND MEDICAID
EXTENDERS
SEC. 1101. EXTENSION OF THE WORK GEOGRAPHIC INDEX FLOOR
UNDER THE MEDICARE PROGRAM.
Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C.
1395w–4(e)(1)(E)), as amended by section 3801 of the CARES Act
(Public Law 116–136) and section 2201 of the Continuing Appropria-
tions Act, 2021 and Other Extensions Act (Public Law 116–159),
is amended by striking ‘‘December 12, 2020’’ and inserting
‘‘December 19, 2020’’.
SEC. 1102. EXTENSION OF FUNDING OUTREACH AND ASSISTANCE FOR
LOW-INCOME PROGRAMS.
(a) STATE HEALTH INSURANCE PROGRAMS.—Subsection
(a)(1)(B)(xi) of section 119 of the Medicare Improvements for
Patients and Providers Act of 2008 (42 U.S.C. 1395b–3 note), as
amended by section 3306 of the Patient Protection and Affordable
Care Act (Public Law 111–148), section 610 of the American Tax-
payer Relief Act of 2012 (Public Law 112–240), section 1110 of
the Pathway for SGR Reform Act of 2013 (Public Law 113–67),
section 110 of the Protecting Access to Medicare Act of 2014 (Public
Law 113–93), section 208 of the Medicare Access and CHIP
Reauthorization Act of 2015 (Public Law 114–10), section 50207
of division E of the Bipartisan Budget Act of 2018 (Public Law
115–123), section 1402 of division B of the Continuing Appropria-
tions Act, 2020, and Health Extenders Act of 2019 (Public Law
116–59), section 1402 of division B of the Further Continuing Appro-
priations Act, 2020, and Further Health Extenders Act of 2019
(Public Law 116–69), section 103 of division N of the Further
Consolidated Appropriations Act, 2020 (Public Law 116–94), section
3803 of the CARES Act (Public Law 116–136), and section 2203
of the Continuing Appropriations Act, 2021 and Other Extensions
Act (Public Law 116–159), is amended by striking ‘‘December 11’’
and inserting ‘‘December 18’’.
(b) AREA AGENCIES ON AGING.—Subsection (b)(1)(B)(xi) of such
section 119, as so amended, is amended by striking ‘‘December
11’’ and inserting ‘‘December 18’’.
(c) AGING AND DISABILITY RESOURCE CENTERS.—Subsection
(c)(1)(B)(xi) of such section 119, as so amended, is amended by
striking ‘‘December 11’’ and inserting ‘‘December 18’’.
(d) CONTRACT WITH THE NATIONAL CENTER FOR BENEFITS AND
OUTREACH ENROLLMENT.—Subsection (d)(2)(xi) of such section 119,
as so amended, is amended by striking ‘‘December 11’’ and inserting
‘‘December 18’’.
SEC. 1103. EXTENSION OF FUNDING FOR QUALITY MEASURE ENDORSE-
MENT, INPUT, AND SELECTION.
Section 1890(d)(2) of the Social Security Act (42 U.S.C.
1395aaa(d)(2)) is amended by striking ‘‘December 11’’ each place
such phrase appears and inserting ‘‘December 18’’ in each such
place.
H. R. 8900—3
SEC. 1104. EXTENSION OF COMMUNITY MENTAL HEALTH SERVICES
DEMONSTRATION PROGRAM.
Section 223(d)(3) of the Protecting Access to Medicare Act of
2014 (42 U.S.C. 1396a note), as amended by Public Law 116–
159, is amended by striking ‘‘December 11’’ and inserting ‘‘December
18’’.
SEC. 1105. EXTENSION OF SPOUSAL IMPOVERISHMENT PROTECTIONS.
(a) IN GENERAL.—Section 2404 of the Patient Protection and
Affordable Care Act (42 U.S.C. 1396r–5 note), as amended by Public
Law 116–159, is amended by striking ‘‘December 11’’ and inserting
‘‘December 18’’.
(b) RULE OF CONSTRUCTION.—Nothing in section 2404 of Public
Law 111–148 (42 U.S.C. 1396r–5 note) or section 1902(a)(17) or
1924 of the Social Security Act (42 U.S.C. 1396a(a)(17), 1396r–
5) shall be construed as prohibiting a State from—
(1) applying an income or resource disregard under a meth-
odology authorized under section 1902(r)(2) of such Act (42
U.S.C. 1396a(r)(2))—
(A) to the income or resources of an individual
described in section 1902(a)(10)(A)(ii)(VI) of such Act (42
U.S.C. 1396a(a)(10)(A)(ii)(VI)) (including a disregard of the
income or resources of such individual’s spouse); or
(B) on the basis of an individual’s need for home and
community-based services authorized under subsection (c),
(d), (i), or (k) of section 1915 of such Act (42 U.S.C. 1396n)
or under section 1115 of such Act (42 U.S.C. 1315); or
(2) disregarding an individual’s spousal income and assets
under a plan amendment to provide medical assistance for
home and community-based services for individuals by reason
of being determined eligible under section 1902(a)(10)(C) of
such Act (42 U.S.C. 1396a(a)(10)(C)) or by reason of section
1902(f) of such Act (42 U.S.C. 1396a(f)) or otherwise on the
basis of a reduction of income based on costs incurred for
medical or other remedial care under which the State dis-
regarded the income and assets of the individual’s spouse in
determining the initial and ongoing financial eligibility of an
individual for such services in place of the spousal impoverish-
ment provisions applied under section 1924 of such Act (42
U.S.C. 1396r–5).
SEC. 1106. EXTENSION OF DELAY OF DSH REDUCTIONS.
Section 1923(f)(7) of the Social Security Act (42 U.S.C. 1396r–
4(f)(7)(A)) is amended by striking ‘‘December 12’’ each place such
phrase appears and inserting ‘‘December 19’’ in each such place.
SEC. 1107. EXTENSION OF MONEY FOLLOWS THE PERSON.
Section 6071(h)(1)(H) of the Deficit Reduction Act of 2005 (42
U.S.C. 1396a note) is amended by striking ‘‘December 11’’ and
inserting ‘‘December 18’’.
H. R. 8900—4
TITLE II—PUBLIC HEALTH EXTENDERS
AND FOOD AND DRUG ADMINISTRA-
TION PROVISIONS
Subtitle A—Public Health Extenders
SEC. 1201. EXTENDING FUNDING FOR COMMUNITY HEALTH CENTERS,
NATIONAL HEALTH SERVICE CORPS, AND TEACHING
HEALTH CENTER GME.
(a) COMMUNITY HEALTH CENTERS.—Section 10503(b)(1)(F) of
the Patient Protection and Affordable Care Act (42 U.S.C. 254b–
2(b)(1)(F)) is amended—
(1) by striking ‘‘$789,041,096’’ and inserting ‘‘$865,753,425’’;
and
(2) by striking ‘‘December 11, 2020’’ and inserting
‘‘December 18, 2020’’.
(b) NATIONAL HEALTH SERVICE CORPS.—Section 10503(b)(2)(H)
of the Patient Protection and Affordable Care Act (42 U.S.C. 254b–
2(b)(2)(H)) is amended—
(1) by striking ‘‘$61,150,685’’ and inserting ‘‘$67,095,890’’;
and
(2) by striking ‘‘December 11, 2020’’ and inserting
‘‘December 18, 2020’’.
(c) TEACHING HEALTH CENTERS THAT OPERATE GRADUATE MED-
ICAL EDUCATION PROGRAMS.—Section 340H(g)(1) of the Public
Health Service Act (42 U.S.C. 256h(g)(1)) is amended—
(1) by striking ‘‘$24,953,425’’ and inserting ‘‘$27,379,452’’;
and
(2) by striking ‘‘December 11, 2020’’ and inserting
‘‘December 18, 2020’’.
(d) APPLICATION OF PROVISIONS.—Amounts appropriated pursu-
ant to the amendments made by this section for the period begin-
ning on December 11, 2020, and ending on December 18, 2020,
shall be subject to the requirements contained in Public Law 116–
94 for funds for programs authorized under sections 330 through
340 of the Public Health Service Act.
(e) CONFORMING AMENDMENTS.—Paragraph (4) of section
3014(h) of title 18, United States Code, as amended by section
3831(e) of the CARES Act (Public Law 116–136), is amended—
(1) by striking ‘‘Social Services Act,,’’ and inserting ‘‘Social
Services Act,’’; and
(2) by striking ‘‘and section 2101 of the Continuing Appro-
priations Act, 2021 and Other Extensions Act’’ and inserting
‘‘section 2101 of the Continuing Appropriations Act, 2021 and
Other Extensions Act, and section 1201(d) of the Further Con-
tinuing Appropriations Act, 2021, and Other Extensions Act’’.
SEC. 1202. DIABETES PROGRAMS.
(a) SPECIAL DIABETES PROGRAMS FOR TYPE I DIABETES.—Sec-
tion 330B(b)(2)(D) of the Public Health Service Act (42 U.S.C.
254c–2(b)(2)(D)) is amended—
(1) by striking ‘‘$29,589,042’’ and inserting ‘‘$32,465,753’’;
and
(2) by striking ‘‘December 11, 2020’’ and inserting
‘‘December 18, 2020’’.
H. R. 8900—5
(b) SPECIAL DIABETES PROGRAMS FOR INDIANS.—Section
330C(c)(2)(D) of the Public Health Service Act (42 U.S.C. 254c–
3(c)(2)(D)) is amended—
(1) by striking ‘‘$29,589,042’’ and inserting ‘‘$32,465,753’’;
and
(2) by striking ‘‘December 11, 2020’’ and inserting
‘‘December 18, 2020’’.
SEC. 1203. PERSONAL RESPONSIBILITY EDUCATION; SEXUAL RISK
AVOIDANCE EDUCATION.
(a) SEXUAL RISK AVOIDANCE EDUCATION.—Section 510 of the
Social Security Act (42 U.S.C. 710) is amended by striking
‘‘December 11, 2020’’ each place it appears and inserting ‘‘December
18, 2020’’.
(b) PERSONAL RESPONSIBILITY EDUCATION.—Section 513 of the
Social Security Act (42 U.S.C. 713) is amended by striking
‘‘December 11, 2020’’ each place it appears and inserting ‘‘December
18, 2020’’.
Subtitle B—Food and Drug Administration
Provisions
SEC. 1211. RARE PEDIATRIC DISEASE PRIORITY REVIEW VOUCHER
EXTENSION.
Section 529(b)(5) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360ff(b)(5)) is amended—
(1) by striking ‘‘December 11, 2020’’ each place it appears
and inserting ‘‘December 18, 2020’’; and
(2) in subparagraph (B), by striking ‘‘December 11, 2022’’
and inserting ‘‘December 18, 2022’’.
TITLE III—OFFSETS
SEC. 1301. TRANSPARENCY OF MEDICARE SECONDARY PAYER
REPORTING INFORMATION.
Section 1862(b)(8)(G) of the Social Security Act (42 U.S.C.
395y(b)(8)(G)) is amended—
(1) by striking ‘‘INFORMATION.—The Secretary’’ and
inserting ‘‘INFORMATION.—
‘‘(i) IN GENERAL.—The Secretary’’; and
(2) by adding at the end the following new clause:
‘‘(ii) SPECIFIED INFORMATION.—In responding to
any query made on or after the date that is 1 year
after the date of the enactment of this clause from
an applicable plan related to a determination described
in subparagraph (A)(i), the Secretary, notwithstanding
any other provision of law, shall provide to such
applicable plan—
‘‘(I) whether a claimant subject to the query
is, or during the preceding 3-year period has been,
entitled to benefits under the program under this
title on any basis; and
‘‘(II) to the extent applicable, the plan name
and address of any Medicare Advantage plan
under part C and any prescription drug plan under
H. R. 8900—6
part D in which the claimant is enrolled or has
been enrolled during such period.’’.
SEC. 1302. DISPENSATION OF NARCOTIC DRUGS FOR THE PURPOSE
OF RELIEVING ACUTE WITHDRAWAL SYMPTOMS FROM
OPIOID USE DISORDER.
Not later than 180 days after the date of enactment of this
Act, the Attorney General shall revise section 1306.07(b) of title
21, Code of Federal Regulations, so that practitioners, in accordance
with applicable State, Federal, or local laws relating to controlled
substances, are allowed to dispense not more than a three-day
supply of narcotic drugs to one person or for one person’s use
at one time for the purpose of initiating maintenance treatment
or detoxification treatment (or both).
SEC. 1303. MEDICAID IMPROVEMENT FUND.
Section 1941(b)(3)(A) of the Social Security Act (42 U.S.C
1396w–1(b)(3)(A)) is amended by striking ‘‘$3,446,000,000’’ and
inserting ‘‘$3,464,000,000’’.
TITLE IV—BUDGETARY EFFECTS
SEC. 1401. BUDGETARY EFFECTS.
(a) STATUTORY PAYGO SCORECARDS.—The budgetary effects
of this division shall not be entered on either PAYGO scorecard
maintained pursuant to section 4(d) of the Statutory Pay-As-You-
Go Act of 2010.
(b) SENATE PAYGO SCORECARDS.—The budgetary effects of this
division shall not be entered on any PAYGO scorecard maintained
for purposes of section 4106 of H. Con. Res. 71 (115th Congress).
(c) CLASSIFICATION OF BUDGETARY EFFECTS.—Notwithstanding
Rule 3 of the Budget Scorekeeping Guidelines set forth in the
joint explanatory statement of the committee of conference accom-
panying Conference Report 105–217 and section 250(c)(8) of the
Balanced Budget and Emergency Deficit Control Act of 1985, the
budgetary effects of this division shall not be estimated—
(1) for purposes of section 251 of such Act; and
H. R. 8900—7
(2) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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