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Congressional Record — Senate, August 4, 2020, Page S4765

Summary

Page S4765 of the Senate section of the Congressional Record for August 4, 2020, in interleaved columns, carrying amendment text. SA 2511, submitted by Mr. Grassley, is an amendment to SA 2499 proposed by Mr. McConnell, and eligible families are defined as those with one or more children under 18. A funding provision transfers from the General Fund to the Trust Fund an amount estimated by the Chief Actuary of the Centers for Medicare and Medicaid Services for advance payments made from March 28, 2020 to July 9, 2020. Further text addresses an emergency period expiring before December 31.

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“Congressional Record — Senate, August 4, 2020, Page S4765.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-08-04-crec-2020-08-04-pt1-pgs4765-1f01cb5abe/, SHA-256 1e2c6825a0fb164001ce49f67f90aa88b35f8cd6b9b05af94ee726fb4ef51712.

Full text

                                               August 4, 2020                                    CONGRESSIONAL RECORD — SENATE                                                                      S4765
                                               payments, vouchers, and other forms of ben-               SA 2511. Mr. GRASSLEY submitted                      Fund an amount, as estimated by the Chief
                                               efits designed to meet a family’s ongoing               an amendment intended to be proposed                   Actuary of the Centers for Medicare & Med-
                                               basic needs as defined by the Secretary.                to amendment SA 2499 proposed by Mr.                   icaid Services, equal to amounts paid under
                                                  ‘‘(B) ELIGIBLE FAMILIES.—                                                                                   the advance payment program under section
                                                                                                       MCCONNELL to the bill S. 178, to con-
                                                  ‘‘(i) IN GENERAL.—The term ‘eligible fam-                                                                   421.214 of title 42, Code of Federal Regula-
                                               ily’ means a family (including a family of              demn gross human rights violations of                  tions (or any successor regulation) during
                                               one) that—                                              ethnic Turkic Muslims in Xinjiang, and                 the period beginning on March 28, 2020, and
                                                  ‘‘(I) has 1 or more children who have not            calling for an end to arbitrary deten-                 ending on July 9, 2020.
                                               attained 18 years of age; and                           tion, torture, and harassment of these                   ‘‘(2) There shall be transferred from the
                                                  ‘‘(II) is in need as a result of the public          communities inside and outside China;                  Trust Fund to the General Fund of the
                                               health emergency with respect to the                    which was ordered to lie on the table;                 Treasury amounts equivalent to the sum of—
                                               Coronavirus Disease 2019 (COVID-19) as de-              as follows:                                              ‘‘(A) the amounts by which claims have
                                               termined by the State in accordance with                                                                       offset (in whole or in part) the amount of
                                                                                                         At the end, add the following:
                                               clause (ii).                                                                                                   such advance payments described in para-
                                                                                                       TITLE II—SUPPORTING PATIENTS, PRO-                     graph (1); and
                                                  ‘‘(ii) CRITERIA FOR NEED BASED ON COVID-19
                                                                                                         VIDERS, OLDER AMERICANS, AND FOS-                      ‘‘(B) the amount of such advance payments
                                               PUBLIC HEALTH EMERGENCY.—A State shall
                                                                                                         TER YOUTH IN RESPONDING TO COVID–                    that has been repaid (in whole or in part),
                                               define and publish on a publicly available
                                                                                                         19                                                   under the advance payment program under
                                               website maintained by the State the criteria
                                               for determining a family is in need as a re-              Subtitle A—Promoting Access to Care and              such section 421.214 (or any such successor
                                               sult of the public health emergency with re-                               Services                            regulation).
                                               spect to the Coronavirus Disease 2019                   SEC. 201. MAINTAINING 2021 MEDICARE PART B               ‘‘(3) Amounts described in paragraphs (1)
                                               (COVID-19) and shall report such criteria to                        PREMIUM AND DEDUCTIBLE AT 2020             and (2) shall be transferred from time to
                                                                                                                   LEVELS CONSISTENT WITH ACTU-               time as appropriate.’’.
                                               the Secretary. The Secretary shall publish
                                                                                                                   ARIALLY FAIR RATES.                          (d)    INDENTATION      CORRECTION.—Section
                                               all the State criteria reported under this
                                                                                                         (a) 2021 PREMIUM AND DEDUCTIBLE AND RE-              1839(i)(3)(A)(ii) of the Social Security Act (42
                                               clause on a publicly available website main-
                                                                                                       PAYMENT THROUGH FUTURE PREMIUMS.—Sec-                  U.S.C. 1395r(i)(3)(A)(ii)) is amended by mov-
                                               tained by the Secretary.
                                                                                                       tion 1839(a) of the Social Security Act (42            ing the indentation of subclause (I) two ems
                                                  ‘‘(C) NON-RECURRENT SHORT-TERM BENE-
                                                                                                       U.S.C. 1395r(a)) is amended—                           to the right.
                                               FITS.—The term ‘non-recurrent short-term
                                                                                                         (1) in the second sentence of paragraph (1),         SEC. 202. IMPROVEMENTS TO THE MEDICARE
                                               benefits’ means benefits intended to address
                                                                                                       by striking ‘‘(5) and (6)’’ and inserting ‘‘(5),                  HOSPITAL ACCELERATED AND AD-
                                               a specific crisis or need as defined by the
                                                                                                       (6), and (7)’’;                                                   VANCE PAYMENTS PROGRAMS DUR-
                                               Secretary.
                                                                                                         (2) in paragraph (6)(C)—                                        ING THE COVID–19 PUBLIC HEALTH
                                                  ‘‘(D) POVERTY LINE.—The term ‘poverty                                                                                  EMERGENCY.
                                                                                                         (A) in clause (i), by striking ‘‘section
                                               line’ means the income official poverty line,                                                                    (a) PART A.—
                                                                                                       1844(d)(1)’’ and inserting ‘‘subsections (d)(1)
                                               as defined by the Office of Management and                                                                       (1)     REPAYMENT      PERIODS.—Section
                                                                                                       and (e)(1) of section 1844’’; and
                                               Budget, and revised annually in accordance                                                                     1815(f)(2)(C) of the Social Security Act (42
                                                                                                         (B) in clause (ii), by striking ‘‘paragraph
                                               with section 673(2) of the Community Serv-                                                                     U.S.C. 1395g(f)(2)(C)) is amended—
                                                                                                       (5)’’ and inserting ‘‘paragraphs (5) and (7)’’;
                                               ices Block Grant Act (42 U.S.C. 9902(2)).                                                                        (A) in clause (i), by striking ‘‘120 days’’ and
                                                                                                       and
                                                  ‘‘(E) STATE.—The term ‘State’ has the                                                                       inserting ‘‘270 days’’; and
                                                                                                         (3) by adding at the end the following:
                                               meaning given that term in section 419(5)                 ‘‘(7) In applying this part (including sub-            (B) in clause (ii), by striking ‘‘12 months’’
                                               and includes Indian tribes, as defined in sec-          section (i) and section 1833(b)), the monthly          and inserting ‘‘18 months’’.
                                               tion 419(4).                                            actuarial rate for enrollees age 65 and over             (2) AUTHORITY FOR DISCRETION.—Section
                                                  ‘‘(F) WORK SUPPORTS.—The term ‘work sup-             for 2021 shall be the same as the monthly ac-          1815(f)(2)(A)(ii) of the Social Security Act (42
                                               ports’ means benefits provided to help fami-            tuarial rate for enrollees age 65 and over for         U.S.C. 1395g(f)(2)(A)(ii)) is amended by insert-
                                               lies obtain, retain, or advance in employ-              2020.’’.                                               ing ‘‘(or, with respect to requests submitted
                                               ment as defined by the Secretary.’’.                      (b) TRANSITIONAL GOVERNMENT CONTRIBU-                to the Secretary on or after July 9, 2020,
                                                  (2) REPEAL.—Effective October 1, 2021, sub-          TION.—Section 1844 of the Social Security              may)’’after ‘‘shall.’’.
                                               section (c) of section 403 of the Social Secu-          Act (42 U.S.C. 1395w) is amended—                        (b) PART B.—In carrying out the advance
                                               rity Act (42 U.S.C. 603) (as added by para-               (1) in subsection (a), by adding at the end          payments program described in section
                                               graph (1)) is repealed.                                 the following new sentence: ‘‘In applying              421.214 of title 42, Code of Federal Regula-
                                                  (b) DISREGARD FROM LIMITATION ON TOTAL               paragraph (1), the amounts transferred under           tions (or a successor regulation), the Sec-
                                               PAYMENTS TO TERRITORIES.—                               subsection (e)(1) with respect to enrollees de-        retary of Health and Human Services, in the
                                                  (1) IN GENERAL.—Section 1108(a)(2) of the            scribed in subparagraphs (A) and (B) of such           case of a payment made under such program
                                               Social Security Act (42 U.S.C. 1308(a)(2)) is           subsection shall be treated as premiums pay-           during the emergency period described in
                                               amended by inserting ‘‘403(c)(3),’’ after               able and deposited in the Trust Fund under             section 1135(g)(1)(B) of the Social Security
                                               ‘‘403(a)(5),’’.                                         subparagraphs (A) and (B), respectively, of            Act (42 U.S.C. 1320b–5(g)(1)(B)), upon request
                                                  (2) SUNSET.—Effective October 1, 2021, sec-          paragraph (1).’’; and                                  of the supplier receiving such payment,
                                               tion 1108(a)(2) of the Social Security Act (42            (2) by adding at the end the following:              shall—
                                               U.S.C. 1308(a)(2)) is amended by striking                 ‘‘(e)(1) For 2021, there shall be transferred          (1) provide up to 270 days before claims are
                                               ‘‘403(c)(3),’’ (as added by paragraph (1)).             from the General Fund to the Trust Fund an             offset to recoup the payment; and
                                                                                                       amount, as estimated by the Chief Actuary                (2) allow not less than 14 months from the
                                                 SA 2510. Mr. GRASSLEY submitted                       of the Centers for Medicare & Medicaid Serv-           date of the first advance payment before re-
                                               an amendment intended to be proposed                    ices, equal to the reduction in aggregate pre-         quiring that the outstanding balance be paid
                                               to amendment SA 2499 proposed by Mr.                    miums payable under this part for a month              in full.
                                               MCCONNELL to the bill S. 178, to con-                   in such year (excluding any changes in                   (c) EFFECTIVE DATE.—The amendments
                                                                                                       amounts collected under section 1839(i)) that          made by this section shall take effect as if
                                               demn gross human rights violations of
                                                                                                       are attributable to the application of section         included     in    the    enactment     of    the
                                               ethnic Turkic Muslims in Xinjiang, and                  1839(a)(7) with respect to—
                                               calling for an end to arbitrary deten-                                                                         Coronavirus Aid, Relief, and Economic Secu-
                                                                                                         ‘‘(A) enrollees age 65 and over; and
                                                                                                                                                              rity Act (Public Law 116–136).
                                               tion, torture, and harassment of these                    ‘‘(B) enrollees under age 65.
                                                                                                                                                                (d)      IMPLEMENTATION.—Notwithstanding
                                               communities inside and outside China;                   Such amounts shall be transferred from time
                                                                                                       to time as appropriate.                                any other provision of law, the Secretary of
                                               which was ordered to lie on the table;                    ‘‘(2) Premium increases affected under sec-          Health and Human Services may implement
                                               as follows:                                             tion 1839(a)(6) shall not be taken into ac-            the provisions of, and the amendments made
                                                 At the end, add the following:                        count in applying subsection (a).                      by, this section by program instruction or
                                               SEC. ll. SUPPLEMENTAL EMERGENCY UNEM-                     ‘‘(3) There shall be transferred from the            otherwise.
                                                          PLOYMENT RELIEF FOR GOVERN-                  Trust Fund to the General Fund of the                  SEC. 203. AUTHORITY TO EXTEND MEDICARE
                                                          MENTAL ENTITIES AND NONPROFIT                Treasury amounts equivalent to the addi-                          TELEHEALTH WAIVERS.
                                                          ORGANIZATIONS.                               tional premiums payable as a result of the               (a) AUTHORITY.—Section 1834(m) of the So-
                                                 (a) IN GENERAL.—Section 903(i)(1)(B) of the           application of section 1839(a)(6), excluding           cial Security Act (42 U.S.C. 1395m(m)) is
                                               Social Security Act (42 U.S.C. 1103(i)(1)(B)) is                                                               amended by adding at the end the following




SSpencer on DSK126QN23PROD with SENATE
                                                                                                       the aggregate payments attributable to the
                                               amended by striking ‘‘one-half’’ and insert-            application of section 1839(i)(3)(A)(ii)(II).’’.       new paragraph:
                                               ing ‘‘75 percent’’.                                       (c) ADDITIONAL TRANSITIONAL GOVERNMENT                 ‘‘(9) AUTHORITY TO EXTEND TELEHEALTH
                                                 (b) EFFECTIVE DATE.—The amendment                     CONTRIBUTION.—Section 1844 of the Social Se-           WAIVERS AND POLICIES.—
                                               made by subsection (a) shall take effect as if          curity Act (42 U.S.C. 1395w), as amended by              ‘‘(A)   AUTHORITY.—Notwithstanding     the
                                               included in the enactment of the Relief for             subsection (b)(2), is amended by adding at             preceding provisions of this subsection and
                                               Workers Affected by Coronavirus Act (con-               the end the following:                                 section 1135, subject to subparagraph (B), if
                                               tained in subtitle A of title II of division A            ‘‘(f)(1) There shall be transferred from the         the     emergency    period  under   section
                                               of the CARES Act (Public Law 116–136)).                 General Fund of the Treasury to the Trust              1135(g)(1)(B) expires prior to December 31,




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