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H. R. 1349, 117th Congress — Conversion of Certain Accelerated and Advance Payments

Summary

H.R. 1349, The COVID-19 Hospital and Health Provider Loan Conversion Act of 2021, was introduced February 25, 2021 by Ms. Kaptur (for herself and other Members). It would amend title XVIII of the Social Security Act to convert certain accelerated and advance payments to grants under parts A and B of the Medicare program. A hospital that received an accelerated payment during the emergency period after enactment of the CARES Act would have the repayment requirement waived. The waiver would not apply to amounts not used for health care related expenses or lost revenues attributable to coronavirus as of December 31, 2021, based on the attestation of the hospital.

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Issuer
Congressional materials
Document type
Bills Bills 117Hr1349Ih Bills 117Hr1349Ih
Case
Bills Bills 117Hr1349Ih Bills 117Hr1349Ih

Cite this document

“H. R. 1349, 117th Congress — Conversion of Certain Accelerated and Advance Payments.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117hr1349ih-bills-117hr1349ih/, SHA-256 428b2a82d7c255c4bedbddb0be4b5d97478249bb8b9d3a64617cba59b5182dca.

Full text

                                                                                                                                                                          I




                                                                       117TH CONGRESS
                                                                          1ST SESSION
                                                                                                             H. R. 1349
                                                                       To amend title XVIII of the Social Security Act to provide for the conversion
                                                                           of certain accelerated and advance payments to grants under parts A
                                                                           and B of the Medicare program.




                                                                                     IN THE HOUSE OF REPRESENTATIVES
                                                                                                   FEBRUARY 25, 2021
                                                                       Ms. KAPTUR (for herself, Mr. GIBBS, Mr. FITZPATRICK, Mr. BERGMAN, Mrs.
                                                                           BEATTY, Mr. GONZALEZ of Ohio, Mr. VAN DREW, Mr. KATKO, Mr.
                                                                           MORELLE, Mrs. HAYES, Mr. STIVERS, Mr. ALLRED, and Mr. RYAN) in-
                                                                           troduced the following bill; which was referred to the Committee on En-
                                                                           ergy and Commerce, and in addition to the Committee on Ways and
                                                                           Means, for a period to be subsequently determined by the Speaker, in
                                                                           each case for consideration of such provisions as fall within the jurisdic-
                                                                           tion of the committee concerned




                                                                                                                 A BILL
                                                                       To amend title XVIII of the Social Security Act to provide
                                                                          for the conversion of certain accelerated and advance
                                                                          payments to grants under parts A and B of the Medicare
                                                                          program.

                                                                         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.




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                                                                         4               This Act may be cited as ‘‘The COVID-19 Hospital
                                                                         5 and Health Provider Loan Conversion Act of 2021’’.



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                                                                         1     SEC. 2. PROVIDING FOR THE CONVERSION OF CERTAIN AC-

                                                                         2                             CELERATED AND ADVANCE PAYMENTS TO

                                                                         3                             GRANTS UNDER PARTS A AND B OF THE

                                                                         4                             MEDICARE PROGRAM.

                                                                         5               (a) CONVERSION OF PAYMENTS.—
                                                                         6                        (1) PART A.—Section 1815(f) of the Social Se-
                                                                         7               curity Act (42 U.S.C. 1395g(f)) is amended—
                                                                         8                                 (A) in paragraph (2), by adding at the end
                                                                         9                        the following new subparagraph:
                                                                       10                         ‘‘(D) In the case of an accelerated payment
                                                                       11                made to a hospital under such program on or after
                                                                       12                the date of the enactment of the CARES Act and
                                                                       13                so made during the emergency period described in
                                                                       14                section 1135(g)(1)(B), the Secretary shall waive the
                                                                       15                requirement that such payment be repaid (or re-
                                                                       16                couped) if the hospital meets the requirements de-
                                                                       17                scribed in paragraph (5), except that such waiver
                                                                       18                shall not apply with respect to any amounts from
                                                                       19                such payment that were not used for health care re-
                                                                       20                lated expenses or lost revenues that are attributable
                                                                       21                to coronavirus as of December 31, 2021, based on
                                                                       22                the attestation of the hospital. The hospital shall
                                                                       23                repay any such amounts to the Secretary not later
                                                                       24                than July 1, 2023. The interest rate for any such




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                                                                       25                amount not so repaid as of such date shall be 2 per-
                                                                       26                cent if the hospital demonstrates hardship.’’;
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                                                                         1                                 (B) in paragraph (3), by inserting ‘‘and
                                                                         2                        paragraph (2)(D)’’ after ‘‘paragraph (2)(C)’’;
                                                                         3                        and
                                                                         4                                 (C) by adding at the end the following new
                                                                         5                        paragraph:
                                                                         6               ‘‘(5) For purposes of paragraph (2)(D), the require-
                                                                         7 ments described in this paragraph are the following:
                                                                         8                        ‘‘(A) The hospital did not use any portion of a
                                                                         9               payment described in such paragraph for compensa-
                                                                       10                tion or benefits, including salary, bonuses, awards of
                                                                       11                stock, or other financial benefits, for an officer or
                                                                       12                employee described in section 4004(a)(2) of the
                                                                       13                CARES Act (Public Law 116–136).
                                                                       14                         ‘‘(B) The hospital used at least 60 percent of
                                                                       15                such payment for employee compensation (other
                                                                       16                than an officer or employee described in subpara-
                                                                       17                graph (A)) during the period beginning on January
                                                                       18                1, 2020, and ending on December 31, 2021.
                                                                       19                         ‘‘(C) The hospital did not balance bill or sur-
                                                                       20                prise bill any COVID–19 patient.’’.
                                                                       21                         (2) PART B.—
                                                                       22                                  (A) IN          GENERAL.—In                   carrying out the
                                                                       23                         program described in section 421.214 of title




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                                                                       24                         42, Code of Federal Regulations (or a successor
                                                                       25                         regulation), in the case of a payment made


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                                                                         1                        under such program to an entity on or after the
                                                                         2                        date of the enactment of the CARES Act (Pub-
                                                                         3                        lic Law 116–136) and so made during the
                                                                         4                        emergency                period             described             in    section
                                                                         5                        1135(g)(1)(B) of the Social Security Act (42
                                                                         6                        U.S.C. 1320b–5(g)(1)(B)), the Secretary of
                                                                         7                        Health and Human Services shall waive the re-
                                                                         8                        quirement that such payment be repaid (or re-
                                                                         9                        couped) if the entity meets the requirements de-
                                                                       10                         scribed in subparagraph (B), except that such
                                                                       11                         waiver shall not apply with respect to any
                                                                       12                         amounts from such payment that were not used
                                                                       13                         for health care related expenses or lost revenues
                                                                       14                         that are attributable to coronavirus as of De-
                                                                       15                         cember 31, 2021, based on the attestation of
                                                                       16                         the entity. The entity shall repay any such
                                                                       17                         amounts to the Secretary not later than July 1,
                                                                       18                         2023. The interest rate for any such amount
                                                                       19                         not so repaid as of such date shall be 2 percent
                                                                       20                         if the entity demonstrates hardship.
                                                                       21                                  (B) REQUIREMENTS.—For purposes of
                                                                       22                         subparagraph (A), the requirements described
                                                                       23                         in this subparagraph are the following:




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                                                                       24                                          (i) The entity did not use any portion
                                                                       25                                  of a payment described in such subpara-


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                                                                         1                                 graph for compensation or benefits, includ-
                                                                         2                                 ing salary, bonuses, awards of stock, or
                                                                         3                                 other financial benefits, for an officer or
                                                                         4                                 employee described in section 4004(a)(2)
                                                                         5                                 of the CARES Act (Public Law 116–136).
                                                                         6                                         (ii) The entity used at least 60 per-
                                                                         7                                 cent of such payment for employee com-
                                                                         8                                 pensation (other than an officer or em-
                                                                         9                                 ployee described in clause (i)) during the
                                                                       10                                  period beginning on January 1, 2020, and
                                                                       11                                  ending on June 30, 2021.
                                                                       12                                          (iii) The entity did not balance bill or
                                                                       13                                  surprise bill any COVID–19 patient.
                                                                       14                (b) ENSURING THE SOLVENCY OF MEDICARE TRUST
                                                                       15 FUNDS.—
                                                                       16                         (1) FEDERAL                     HOSPITAL            INSURANCE           TRUST

                                                                       17                FUND.—Section 1817 of the Social Security Act (42

                                                                       18                U.S.C. 1395i) is amended by adding at the end the
                                                                       19                following new subsection:
                                                                       20                ‘‘(l) ACCELERATED PAYMENT PROGRAM TRANS-
                                                                       21      FERS.—

                                                                       22                         ‘‘(1) IN GENERAL.—There shall be transferred
                                                                       23                from the General Fund of the Treasury to the Trust




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                                                                       24                Fund, periodically (as determined by the Managing
                                                                       25                Trustee), amounts such that the aggregate amount


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                                                                         1               so transferred under this paragraph equals the total
                                                                         2               amount of specified payments (as defined in para-
                                                                         3               graph (2)) made under this part.
                                                                         4                        ‘‘(2) SPECIFIED PAYMENT.—In this subsection,
                                                                         5               the term ‘specified payment’ means a payment that
                                                                         6               is made—
                                                                         7                                 ‘‘(A) under section 1815(e)(3); and
                                                                         8                                 ‘‘(B) during the emergency period de-
                                                                         9                        scribed in section 1135(g)(1)(B).’’.
                                                                       10                         (2) FEDERAL SUPPLEMENTARY MEDICAL IN-
                                                                       11                SURANCE TRUST FUND.—Section 1844(f) of the So-

                                                                       12                cial Security Act (42 U.S.C. 1395w(f)) is amend-
                                                                       13                ed—
                                                                       14                                  (A) by striking ‘‘(1) There shall be trans-
                                                                       15                         ferred’’ and inserting ‘‘There shall be trans-
                                                                       16                         ferred’’;
                                                                       17                                  (B) by striking ‘‘during the period begin-
                                                                       18                         ning on the first day of the emergency period
                                                                       19                         described in section 1135(g)(1)(B) and ending
                                                                       20                         on the date of the enactment of this para-
                                                                       21                         graph’’ and inserting ‘‘during the emergency
                                                                       22                         period described in section 1135(g)(1)(B)’’; and
                                                                       23                                  (C) by striking paragraph (2).




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                                                                       24                (c) INSURER REQUIREMENTS.—Subpart II of part A
                                                                       25 of title XXVII of the Public Health Service Act (42 U.S.C.


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                                                                         1 300gg–11 et seq.) is amended by adding at the end the
                                                                         2 following new section:
                                                                         3     ‘‘SEC. 2730. COVERAGE AND PAYMENT REQUIREMENTS FOR

                                                                         4                             ITEMS AND SERVICES FURNISHED TO COVID–

                                                                         5                             19 PATIENTS OUT-OF-NETWORK.

                                                                         6               ‘‘In the case of an item or service furnished by a
                                                                         7 health care provider to a COVID–19 patient who is an
                                                                         8 enrollee in a group health plan or group or individual
                                                                         9 health insurance coverage offered by a health insurance
                                                                       10 issuer, if such provider does not have in effect a contrac-
                                                                       11 tual relationship for furnishing such item or service under
                                                                       12 such plan or coverage, the plan or issuer (as applicable)—
                                                                       13                         ‘‘(1) shall pay to such provider the amount
                                                                       14                which would have been payable to such provider had
                                                                       15                such provider had in effect such a relationship for
                                                                       16                furnishing such item or service; and
                                                                       17                         ‘‘(2) shall ensure that any applicable cost-shar-
                                                                       18                ing requirement is the same requirement that would
                                                                       19                have applied had such item or service been furnished
                                                                       20                by a provider that had in effect such a relation-
                                                                       21                ship.’’.
                                                                       22                (d) PUBLICATION.—The Secretary of Health and
                                                                       23 Human Services shall publish on a public website the fol-




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                                                                       24 lowing:




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                                                                         1                        (1) A specification of each hospital to which a
                                                                         2               waiver described in section 1815(f)(2)(D) of the So-
                                                                         3               cial Security Act (42 U.S.C. 1395g(f)(2)(D)) applies
                                                                         4               and each entity to which a waiver described in sub-
                                                                         5               section (a)(2)(A) applies.
                                                                         6                        (2) The amount to which such waivers apply
                                                                         7               with respect to each such hospital and entity.
                                                                                                                                  Æ




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