H.R. 1868 — Preventing PAYGO Sequestration (passed the House March 19, 2021)
Summary
House bill 1868 of the 117th Congress, 1st Session, an Act to prevent across-the-board direct spending cuts, and for other purposes. Section 1, Preventing PAYGO Sequestration, provides that the budgetary effects of the Act and of the American Rescue Plan Act of 2021 are not counted on the PAYGO scorecards. Section 2 amends section 3709(a) of division A of the CARES Act by striking March 31, 2021, and Section 3 makes technical corrections that include rural health clinic payments. The text ends with the notation Passed the House of Representatives March 19, 2021.
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“H.R. 1868 — Preventing PAYGO Sequestration (passed the House March 19, 2021).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117hr1868eh-bills-117hr1868eh/
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117TH CONGRESS
1ST SESSION
H. R. 1868
AN ACT
To prevent across-the-board direct spending cuts, 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,
2
1 SECTION 1. PREVENTING PAYGO SEQUESTRATION.
2 (a) STATUTORY PAYGO SCORECARDS.—The budg-
3 etary effects of this Act and the American Rescue Plan
4 Act of 2021 (Public Law 117–2) shall not be counted on
5 either PAYGO scorecard maintained pursuant to section
6 4(d) of the Statutory Pay-As-You-Go Act of 2010 (2
7 U.S.C. 933(d)).
8 (b) SENATE PAYGO SCORECARDS.—The budgetary
9 effects of this Act shall not be counted on any PAYGO
10 scorecard maintained for purposes of section 4106 of H.
11 Con. Res. 71 (115th Congress).
12 SEC. 2. EXTENSION OF TEMPORARY SUSPENSION OF MEDI-
13 CARE SEQUESTRATION.
14 (a) IN GENERAL.—Section 3709(a) of division A of
15 the CARES Act (2 U.S.C. 901a note) is amended by strik-
16 ing ‘‘March 31, 2021’’ and inserting ‘‘December 31,
17 2021’’.
18 (b) EFFECTIVE DATE.—The amendment made by
19 subsection (a) shall take effect as if enacted as part of
20 the CARES Act (Public Law 116–136).
21 SEC. 3. TECHNICAL CORRECTIONS.
22 (a) DISREGARD OF CERTAIN ADDITIONAL COM-
23 PENSATION FOR PURPOSES OF MEDICAID AND CHIP.—
24 Section 2104(h) of the CARES Act (15 U.S.C. 9023(h))
25 is amended by striking ‘‘Federal pandemic unemployment
26 compensation’’ and inserting ‘‘Federal Pandemic Unem-
•HR 1868 EH
3
1 ployment Compensation or Mixed Earner Unemployment
2 Compensation’’.
3 (b) RURAL HEALTH CLINIC PAYMENTS.—
4 (1) IN GENERAL.—Section 1833(f)(3) of the
5 Social Security Act (42 U.S.C. 1395l(f)(3)) is
6 amended—
7 (A) in subparagraph (A)—
8 (i) in clause (i), by striking subclauses
9 (I) and (II) and inserting the following:
10 ‘‘(I) with respect to a rural health
11 clinic that had a per visit payment amount
12 established for services furnished in
13 2020—
14 ‘‘(aa) the per visit payment
15 amount applicable to such rural
16 health clinic for rural health clinic
17 services furnished in 2020, increased
18 by the percentage increase in the MEI
19 applicable to primary care services
20 furnished as of the first day of 2021;
21 or
22 ‘‘(bb) the limit described in para-
23 graph (2)(A); and
24 ‘‘(II) with respect to a rural health
25 clinic that did not have a per visit payment
•HR 1868 EH
4
1 amount established for services furnished
2 in 2020—
3 ‘‘(aa) the per visit payment
4 amount applicable to such rural
5 health clinic for rural health clinic
6 services furnished in 2021; or
7 ‘‘(bb) the limit described in para-
8 graph (2)(A); and’’; and
9 (ii) in clause (ii)(I), by striking
10 ‘‘under clause (i)(I)’’ and inserting ‘‘under
11 subclause (I) or (II) of clause (i), as appli-
12 cable,’’; and
13 (B) in subparagraph (B)—
14 (i) in the matter preceding clause (i),
15 by striking ‘‘2019, was’’ and inserting
16 ‘‘2020’’;
17 (ii) in clause (i), by inserting ‘‘was’’
18 after ‘‘(i)’’; and
19 (iii) by striking clause (ii) and insert-
20 ing the following:
21 ‘‘(ii)(I) was enrolled under section 1866(j)
22 (including temporary enrollment during the
23 emergency period described in section
24 1135(g)(1)(B) for such period); or
•HR 1868 EH
5
1 ‘‘(II) submitted an application for enroll-
2 ment under section 1866(j) (or requested such
3 a temporary enrollment for such period) that
4 was received not later than December 31,
5 2020.’’.
6 (2) EFFECTIVE DATE.—The amendments made
7 by this subsection shall take effect as if included in
8 the enactment of the Consolidated Appropriations
9 Act, 2021 (Public Law 116–260).
10 (c) ELIGIBILITY FOR REEMPLOYMENT SERVICES.—
11 Section 306(a) of the Social Security Act (42 U.S.C.
12 506(a)) is amended—
13 (1) by striking ‘‘individuals referred to reem-
14 ployment services as described in section 303(j)’’
15 and inserting ‘‘claimants for unemployment com-
16 pensation, including claimants referred to reemploy-
17 ment services as described in section 303(j),’’; and
18 (2) by striking ‘‘such individuals’’ and inserting
19 ‘‘such claimants’’.
20 (d) ADDITIONAL AMOUNT FOR CERTAIN HOSPITALS
21 WITH HIGH DISPROPORATIONATE SHARE.—Effective as
22 if included in the enactment of section 203(a) of title II
23 of division CC of Public Law 116–260, subsection (g) of
24 section 1923 of the Social Security Act (42 U.S.C. 1396r–
•HR 1868 EH
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1 4) amended by such section 203(a) is amended by adding
2 at the end the following new paragraph:
3 ‘‘(3) ADDITIONAL AMOUNT FOR CERTAIN HOS-
4 PITALS WITH HIGH DISPROPORATIONATE SHARE.—
5 ‘‘(A) IN GENERAL.—In the case of a hos-
6 pital with high disproportionate share (as de-
7 fined in subparagraph (B)) located in a State
8 referenced in subsection (e) of section 4721 of
9 the Balanced Budget Act of 1997, a payment
10 adjustment during a State fiscal year shall be
11 considered consistent with subsection (c) if the
12 payment adjustment does not exceed 175 per-
13 cent of the costs of furnishing hospital services
14 during the year, but only if the Governor of the
15 State certifies to the satisfaction of the Sec-
16 retary that the hospital’s applicable minimum
17 amount is used for health services during the
18 year. In determining the amount that is used
19 for such services during a year, there shall be
20 excluded any amounts received under the Public
21 Health Service Act, title V, title XVIII, or from
22 third party payors (not including the State plan
23 under this title) that are used for providing
24 such services during the year.
•HR 1868 EH
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1 ‘‘(B) HOSPITAL WITH HIGH
2 DISPROPORATIONATE SHARE DEFINED.—In
3 subparagraph (A), a hospital is a ‘hospital with
4 high disproportionate share’ if—
5 ‘‘(i) the hospital is owned or operated
6 by the State (or by an instrumentality or
7 a unit of government within the State);
8 and
9 ‘‘(ii) the hospital—
10 ‘‘(I) meets the requirement de-
11 scribed in subparagraphs (A) or (B)
12 of subsection (b)(1); or
13 ‘‘(II) has the largest number of
14 inpatient days attributable to individ-
15 uals entitled to benefits under the
16 State plan of any hospital in such
17 State for the previous fiscal year.
18 ‘‘(C) APPLICABLE MINIMUM AMOUNT DE-
19 FINED.—In subparagraph (A), the ‘applicable
20 minimum amount’ for a hospital for a fiscal
21 year is equal to the difference between the
22 amount of the hospital’s payment adjustment
23 for the fiscal year and the costs to the hospital
•HR 1868 EH
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1 of furnishing hospital services described in
2 paragraph (1)(A) during the fiscal year.’’.
Passed the House of Representatives March 19,
2021.
Attest:
Clerk.
•HR 1868 EH
117TH CONGRESS
1ST SESSION H. R. 1868
AN ACT
To prevent across-the-board direct spending cuts,
and for other purposes.
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