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H.R. 6851, No Surprises for COVID–19 Tests Act

Summary

House bill H.R. 6851 of the 117th Congress, 2D Session, was introduced February 25, 2022, to amend the Families First Coronavirus Response Act and the CARES Act to establish new coverage and payment rules for certain COVID-19 diagnostic tests and related items and services, and for other purposes. Pallone introduced it for himself and Scott of Virginia, and it was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, and Education and Labor. The short title is the No Surprises for COVID-19 Tests Act. Section 2 is headed Establishing New Coverage and Payment Rules for Certain COVID-19 Diagnostic Tests and Related Items and Services.

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Issuer
Congressional materials
Document type
Bills Bills 117Hr6851Ih Bills 117Hr6851Ih
Case
Bills Bills 117Hr6851Ih Bills 117Hr6851Ih

Cite this document

“H.R. 6851, No Surprises for COVID–19 Tests Act.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117hr6851ih-bills-117hr6851ih/, SHA-256 f49b6859c7424f97612ccfb3cf43a3df65d274a71323be4e3fb52f0c06944984.

Full text

                                                                                                                                                                          I




                                                                       117TH CONGRESS
                                                                          2D SESSION
                                                                                                            H. R. 6851
                                                                       To amend the Families First Coronavirus Response Act and the CARES
                                                                           Act to establish new coverage and payment rules for certain COVID–
                                                                           19 diagnostic tests and related items and services, and for other pur-
                                                                           poses.




                                                                                     IN THE HOUSE OF REPRESENTATIVES
                                                                                                     FEBRUARY 25, 2022
                                                                       Mr. PALLONE (for himself and Mr. SCOTT of Virginia) introduced the fol-
                                                                           lowing bill; which was referred to the Committee on Energy and Com-
                                                                           merce, and in addition to the Committees on Ways and Means, and Edu-
                                                                           cation and Labor, 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 concerned




                                                                                                                 A BILL
                                                                       To amend the Families First Coronavirus Response Act and
                                                                          the CARES Act to establish new coverage and payment
                                                                          rules for certain COVID–19 diagnostic tests and related
                                                                          items and services, 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 ‘‘No Surprises for




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                                                                         5 COVID–19 Tests Act’’.




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                                                                         1     SEC. 2. ESTABLISHING NEW COVERAGE AND PAYMENT

                                                                         2                             RULES FOR CERTAIN COVID–19 DIAGNOSTIC

                                                                         3                             TESTS AND RELATED ITEMS AND SERVICES.

                                                                         4              (a) EXTENSION OF COVERAGE REQUIREMENT.—Sec-
                                                                         5 tion 6001(a) of the Families First Coronavirus Response
                                                                         6 Act (42 U.S.C. 1320b–5 note) is amended in the matter
                                                                         7 preceding paragraph (1) by striking ‘‘any portion of the
                                                                         8 emergency period defined in paragraph (1)(B) of section
                                                                         9 1135(g) of the Social Security Act (42 U.S.C. 1320b–
                                                                       10 5(g)) beginning on or after the date of the enactment of
                                                                       11 this Act’’ and inserting ‘‘the period beginning on the date
                                                                       12 of the enactment of this Act and ending on December 31,
                                                                       13 2023’’.
                                                                       14               (b) PAYMENT AND BILLING RULES FOR ITEMS AND
                                                                       15 SERVICES FURNISHED AFTER END OF PUBLIC HEALTH
                                                                       16 EMERGENCY.—
                                                                       17                         (1) IN GENERAL.—Section 3202 of the CARES
                                                                       18               Act (42 U.S.C. 42 U.S.C. 256b note) is amended—
                                                                       19                                  (A) in subsection (a), in the matter pre-
                                                                       20                         ceding paragraph (1), by inserting ‘‘that are
                                                                       21                         furnished before May 1, 2022,’’ after ‘‘(Public
                                                                       22                         Law 116–127)’’;
                                                                       23                                  (B) in subsection (b)(1), by striking
                                                                       24                         ‘‘emergency period declared under section 319




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                                                                       25                         of the Public Health Service Act (42 U.S.C.
                                                                       26                         247d)’’ and inserting ‘‘period beginning on the
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                                                                         1                        date of the enactment of this subsection and
                                                                         2                        ending on April 31, 2022’’; and
                                                                         3                                 (C) by adding at the end the following new
                                                                         4                        subsection:
                                                                         5              ‘‘(c) APPLICATION OF SURPRISE BILLING PROVI-
                                                                         6     SIONS.—

                                                                         7                        ‘‘(1) IN GENERAL.—Except as provided in para-
                                                                         8              graph (2), the provisions of sections 2799A–1 and
                                                                         9              2799B–1 of the Public Health Service Act (42
                                                                       10               U.S.C. 300gg–111, 300gg–131), 716 of the Em-
                                                                       11               ployee Retirement Income Security Act of 1974 (29
                                                                       12               U.S.C. 1185e), and 9816 of the Internal Revenue
                                                                       13               Code of 1986 shall apply to items and services de-
                                                                       14               scribed in section 6001(a) of division F of the Fami-
                                                                       15               lies First Coronavirus Response Act (Public Law
                                                                       16               116–127) furnished on or after May 1, 2022, and
                                                                       17               before January 1, 2024, to an enrollee of a group
                                                                       18               health plan or group or individual health insurance
                                                                       19               coverage by a provider that does not have a nego-
                                                                       20               tiated rate in effect with such plan or coverage (as
                                                                       21               applicable) as if such items and services were emer-
                                                                       22               gency services furnished by a nonparticipating pro-
                                                                       23               vider in an emergency department of a hospital.
                                                                       24                         ‘‘(2) NONAPPLICATION TO OVER-THE-COUNTER



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                                                                       25               TESTS.—Paragraph (1) shall not apply with respect



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                                                                                                                                  4
                                                                         1              to any over-the-counter test specified in the guidance
                                                                         2              document published by the Department of Labor on
                                                                         3              January 10, 2022, entitled ‘FAQs about Affordable
                                                                         4              Care Act Implementation Part 51, Families First
                                                                         5              Coronavirus Response Act and Coronavirus Aid, Re-
                                                                         6              lief, and Economic Security Act Implementation’ or
                                                                         7              any other over-the-counter test specified by the Sec-
                                                                         8              retary pursuant to section 6001(a)(1) of the Fami-
                                                                         9              lies First Coronavirus Response Act.
                                                                       10                         ‘‘(3) DEFINITIONS.—In this subsection, the
                                                                       11               terms ‘emergency services’ and ‘nonparticipating
                                                                       12               provider’ have the meanings given such terms in
                                                                       13               subparagraphs (C)(i) and (G), respectively, of sec-
                                                                       14               tions 2799A–1(a)(3) of the Public Health Service
                                                                       15               Act (42 U.S.C. 300gg–111(a)(3)), 716(a)(3) of the
                                                                       16               Employee Retirement Income Security Act of 1974
                                                                       17               (29 U.S.C. 1185e(a)(3)), and section 9816(a)(3) of
                                                                       18               the Internal Revenue Code of 1986.’’.
                                                                       19                         (2) IMPLEMENTATION.—Notwithstanding any
                                                                       20               other provision of law, the Secretaries of Health and
                                                                       21               Human Services, Labor, and the Treasury may im-
                                                                       22               plement the amendments made by this subsection by
                                                                       23               subregulatory guidance or otherwise.
                                                                                                                                  Æ



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