Congressional Record — Senate, August 4, 2020, Page S4865
Summary
Page S4865 of the Senate section of the Congressional Record for August 4, 2020, carrying amendment text in interleaved columns. One section would require Medicare coverage of COVID-19 antibody tests at no cost sharing, including through private plans under the program. Another provision, on Federal contracting, makes a contractor ineligible if an agency head finds it unreasonably failed to perform a contract to supply personal protective equipment. Further text directs a hazard evaluation with referrals to occupational safety officials, and sets an effective date one year after enactment for earlier prohibitions.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Cite this document
“Congressional Record — Senate, August 4, 2020, Page S4865.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-08-04-crec-2020-08-04-pt1-pgs4865-5960de3f36/
, SHA-256 0e1f3af218019ff1ba4ff398731485fce3a2eca5ec233e11249916baa327e4c9.Full text
August 4, 2020 CONGRESSIONAL RECORD — SENATE S4865
(c) EFFECTIVE DATE.—The prohibitions performed during any portion of the 2020 or SEC. l03. COVERAGE OF CORONAVIRUS ANTI-
under subsections (a) and (b) shall take ef- 2021 plans years. BODY TESTS AT NO COST SHARING
UNDER MEDICARE.
fect on the date that is one year after the (2) ELIGIBLE TEST.—For purpose of para-
date of the enactment of this Act. graph (1), an eligible COVID–19 serology test (a) IN GENERAL.—Section 1833(cc)(1)(A)(iii)
SEC. ll06. INELIGIBILITY FOR FEDERAL CON- shall include the following: of the Social Security Act (42 U.S.C.
TRACTING AS RESULT OF UNREA- (A) A test that has been approved, cleared, 1395l(cc)(1)(A)(iii) is amended by inserting
SONABLE FAILURE TO PERFORM A or authorized under section 510(k), 513, 515, or the following before the semicolon: ‘‘or a
CONTRACT FOR THE PROCUREMENT 564 of the Federal Food, Drug, and Cosmetic COVID–19 serology test described in section
OF PERSONAL PROTECTIVE EQUIP- 1852(a)(1)(B)(VII)’’.
Act for the detection of the presence of
MENT.
SARS–CoV–2 antibodies. (b) COVERAGE UNDER MEDICARE ADVAN-
Any Federal contractor or subcontractor (B) A serology test kit that is made avail- TAGE.—Section 1852(a)(1)(B) of the Social Se-
determined by the head of an executive agen- able within the 10-day grace period prior to curity Act (42 U.S.C. 1395w–22(a)(1)(B)) is
cy to have unreasonably failed to perform a an emergency use authorization submission amended—
contract for the procurement of personal and with respect to which such emergency (1) in clause (iv)—
protective equipment shall be ineligible to use authorization submission is under con- (A) by redesignating subclause (VII) as sub-
receive a Federal contract for a period of 10 sideration, except that this subparagraph clause (VIII); and
years following such determination. shall not apply in the case of a serology test (B) by inserting after subclause (VI) the
SEC. ll07. DEFINITIONS. kit where the emergency use authorization following new clause:
In this subtitle: submission request under section 564 of the ‘‘(VII) A COVID–19 serology test adminis-
(1) COVERED FOREIGN ENTITY.—The term Federal Food, Drug, and Cosmetic Act has tered during any portion of the 2-year period
‘‘covered foreign entity’’ means— been denied or not submitted within a rea- beginning on January 1, 2020, that begins on
(A) a covered entity designated by the Sec- sonable timeframe. or after the date of enactment of this sub-
retary of Commerce; (C) A serology laboratory developed test clause, and the administration of such
(B) an entity included on the Consolidated that the Food and Drug Administration per- test.’’;
Screening List; mits for clinical use without an emergency (2) in clause (v), by striking ‘‘and (VI)’’ and
(C) any entity that is subject to use authorization submission. inserting ‘‘(VI), and (VII)’’; and
extrajudicial direction from a foreign gov- (D) Any other test the Secretary deter- (3) in clause (vi), by inserting ‘‘, or in the
ernment, as determined by the Secretary of mines appropriate through guidance. case of a product or service described in sub-
Homeland Security; clause (VII) of such clause that is adminis-
(D) any entity the Secretary of Homeland (b) ENFORCEMENT.—The provisions of this
tered or furnished during any portion of the
Security, in coordination with the Director section shall be applied by the Secretary of
period described in such subclause’’ after
of National Intelligence and the Secretary of Health and Human Services, Secretary of
‘‘this clause’’.
Defense, determines poses a national secu- Labor, and Secretary of the Treasury to
group health plans and health insurance SEC. l04. COVERAGE OF CORONAVIRUS ANTI-
rity risk; BODY TESTS UNDER MEDICAID AND
(E) any entity domiciled in the People’s issuers offering group or individual health
CHIP.
Republic of China or subject to influence or insurance coverage as if included in the pro-
visions of part A of title XXVII of the Public (a) MEDICAID.—
control by the Government of the People’s (1) IN GENERAL.—Section 1905(a)(3) of the
Republic of China or the Communist Party Health Service Act, part 7 of the Employee
Retirement Income Security Act of 1974, and Social Security Act (42 U.S.C. 1396d(a)(3)) is
of the People’s Republic of China, as deter- amended—
mined by the Secretary of Homeland Secu- subchapter B of chapter 100 of the Internal
Revenue Code of 1986, as applicable. (A) in subparagraph (A), by striking ‘‘;
rity; or and’’ and inserting a semicolon;
(F) any subsidiary or affiliate of an entity (c) IMPLEMENTATION.—The Secretary of (B) in subparagraph (B), by inserting ‘‘and’’
described in subparagraphs (A) through (D). Health and Human Services, Secretary of after the semicolon; and
(2) EXECUTIVE AGENCY.—The term ‘‘execu- Labor, and Secretary of the Treasury may (C) by adding at the end the following new
tive agency’’ has the meaning given the term implement the provisions of this section subparagraph:
in section 133 of title 41, United States Code. through sub-regulatory guidance, program ‘‘(C) COVID–19 serology tests administered
(3) PERSONAL PROTECTIVE EQUIPMENT.—The instruction or otherwise. during any portion of the 2-year period be-
term ‘‘personal protective equipment’’ has ginning on January 1, 2020, that begins on or
the meaning given such term in section (d) RULE OF CONSTRUCTION.—Nothing in
this title, or the amendments made by this after the date of enactment of this subpara-
319F–2(a)(6)(B) of the Public Health Service graph, and the administration of such
Act (as amended by this subtitle). title, shall be construed to limit the number
of COVID–19 serology tests that will be cov- tests;’’.
ered with respect to an individual under this (2) NO COST SHARING.—
SA 2552. Mr. SCOTT of Florida (for (A) IN GENERAL.—Subsections (a)(2) and
title (or amendments).
himself, Ms. ERNST, and Ms. MCSALLY) (b)(2) of section 1916 of the Social Security
submitted an amendment intended to (e) TERMS.—In this section: Act (42 U.S.C. 1396o) are each amended—
be proposed to amendment SA 2499 pro- (1) GENERAL TERMS.—The terms ‘‘group (i) in subparagraph (F), by striking ‘‘or’’ at
health plan’’, ‘‘health insurance issuer’’, the end;
posed by Mr. MCCONNELL to the bill S. ‘‘group health insurance coverage’’, and ‘‘in-
178, to condemn gross human rights (ii) by redesignating subparagraph (G) as
dividual health insurance coverage’’ shall subparagraph (H); and
violations of ethnic Turkic Muslims in have the meanings given such terms in sec- (iii) by inserting after subparagraph (F)
Xinjiang, and calling for an end to ar- tion 2791 of the Public Health Service Act (42 the following new subparagraph:
bitrary detention, torture, and harass- U.S.C. 300gg–91), section 733 of the Employee ‘‘(G) any COVID–19 serology test described
ment of these communities inside and Retirement Income Security Act of 1974 (29 in section 1905(a)(3)(C) that is performed dur-
outside China; which was ordered to lie U.S.C. 1191b), and section 9832 of the Internal ing any portion of the 2-year period de-
on the table; as follows: Revenue Code of 1986, as applicable. scribed in such section beginning on or after
(2) MEDICAL MANAGEMENT.—The term the date of enactment of this subparagraph
At the appropriate place, insert the fol- ‘‘medical management’’ includes require-
lowing: (and the administration of such test), or’’.
ments relating to clinical criteria for cov- (B) APPLICATION TO ALTERNATIVE COST
TITLE ll—AFFORDABLE CORONAVIRUS erage, frequency limitations, and similar re- SHARING.—Section 1916A(b)(3)(B) of the So-
TESTING strictions as determined by the Secretary of cial Security Act (42 U.S.C. 1396o–1(b)(3)(B))
SEC. l01. SHORT TITLE. Health and Human Services, Secretary of is amended by adding at the end the fol-
This title may be cited as the ‘‘Affordable Labor, and Secretary of the Treasury. lowing new clause:
Coronavirus Testing Act’’. (f) CONFORMING AMENDMENT.—Section ‘‘(xii) Any COVID–19 serology test de-
SEC. l02. COVERAGE OF CORONAVIRUS ANTI- 6001(d) of the Families First Coronavirus Re- scribed in section 1905(a)(3)(C) that is admin-
BODY TESTS. sponse Act (42 U.S.C. 1320b–5 note) is amend- istered during any portion of the 2-year pe-
(a) COVERAGE.— ed— riod described in such section beginning on
(1) IN GENERAL.—A group health plan and a (1) by striking ‘‘The terms’’ and inserting or after the date of enactment of this clause
health insurance issuer offering group or in- the following: (and the administration of such test).’’.
dividual health insurance coverage (includ- ‘‘(1) IN GENERAL.—The terms’’; and (C) CLARIFICATION.—The amendments made
SSpencer on DSK126QN23PROD with SENATE
ing a grandfathered health plan (as defined (2) by adding at the end the following: in this paragraph shall apply with respect to
in section 1251(e) of the Patient Protection ‘‘(2) MEDICAL MANAGEMENT.—The term a State plan of a territory in the same man-
and Affordable Care Act) shall provide cov- ‘medical management’ includes require- ner as a State plan of one of the 50 States.
erage, and shall not impose any cost sharing ments relating to clinical criteria for cov- (b) CHIP.—
(including deductibles, copayments, and co- erage, frequency limitations, and similar re- (1) IN GENERAL.—Section 2103(c) of the So-
insurance) requirements or prior authoriza- strictions as determined by the Secretary of cial Security Act (42 U.S.C. 1397cc(c)) is
tion or other medical management require- Health and Human Services, Secretary of amended by adding at the end the following
ments, for eligible COVID–19 serology tests Labor, and Secretary of the Treasury.’’. paragraph:
VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00187 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.054 S04AUPT1
S4866 CONGRESSIONAL RECORD — SENATE August 4, 2020
‘‘(11) COVID–19 SEROLOGY TESTING.—The SEC. l09. ELECTRONIC REPORTING STANDARDS. limits on the timeframe for adoption of the
child health assistance provided to a tar- (a) COMMITTEE.— standards) (42 U.S.C. 1320d–3).
geted low-income child shall include cov- (1) IN GENERAL.—Not later than 30 days (d) ADOPTION OF PLATFORM.—Not later
erage of any COVID–19 serology test de- after the date of enactment of this Act, the than 90 days after receipt of the rec-
scribed in section 1905(a)(3)(C) that is admin- Secretary of Health and Human Services ommendations under subsection (b) on a
istered during any portion of the 2-year pe- shall convene a committee to make rec- common platform as described in subsection
riod described in such section beginning on ommendations to the Secretary on the expe- (b)(4), the Secretary of Health and Human
or after the date of the enactment of this dited adoption of private sector standards (as Services shall enter into a contract with a
subparagraph (and the administration of defined in section 1171(7) of the Social Secu- private sector entity to establish such plat-
such test).’’. rity Act (42 U.S.C. 1320d(7))) and the platform form, which shall be available for use within
(2) PROHIBITION OF COST SHARING.—Section described in subsection (b). 180 days of the date of such contract.
2103(e)(2) of the Social Security Act (42 (2) MEMBERSHIP.—The committee under (e) REPORT.—Not later than 30 days after
U.S.C. 1397cc(e)(2)) is amended by inserting paragraph (1) shall include representatives the date on which the committee established
‘‘COVID–19 serology tests described in sub- of— under subsection (a) makes recommenda-
section (c)(11) (and administration of such (A) the Centers for Disease Control and tions for standards and the platform under
tests),’’ after ‘‘products),’’. Prevention; subsection (b), the committee shall submit
SEC. l05. COVERAGE OF CORONAVIRUS ANTI- (B) the Office of Civil Rights of the Depart- to the appropriate committees of Congress a
BODY TESTS UNDER THE TRICARE ment of Health and Human Services; report on such standards and platform, in-
PROGRAM. (C) the Office of the National Coordinator cluding any legislative changes that would
(a) IN GENERAL.—The Secretary of Defense for Health Information Technology; be necessary to implement such standards
shall provide coverage under the TRICARE (D) the Department of Defense; and platform.
program, and shall not impose any cost shar- (E) the Department of Veterans Affairs;
ing (including deductibles, copayments, and (F) the Centers for Medicare & Medicaid SA 2553. Mr. ENZI submitted an
coinsurance) requirements or prior author- Services; and amendment intended to be proposed to
ization or other medical management re- (G) standards development organizations amendment SA 2499 proposed by Mr.
quirements, for COVID–19 serology tests per- defined under section 1171(8) of the Social Se- MCCONNELL to the bill S. 178, to con-
formed for covered beneficiaries during cal- curity Act (42 U.S.C. 1320d(8)), including the demn gross human rights violations of
endar year 2020 or 2021. National Council for Prescription Drug Pro- ethnic Turkic Muslims in Xinjiang, and
(b) DEFINITIONS.—In this section, the terms grams and Health Level 7. calling for an end to arbitrary deten-
‘‘TRICARE program’’ and ‘‘covered bene- (b) STANDARDS AND PLATFORM.—Not later
ficiary’’ have the meanings given those tion, torture, and harassment of these
than 60 days after the date of the convening
terms in section 1072 of title 10, United of the committee in subsection (a)(1), the communities inside and outside China;
States Code. committee shall recommend standards, im- which was ordered to lie on the table;
SEC. l06. COVERAGE OF CORONAVIRUS ANTI- plementation guidelines, and the attributes as follows:
BODY TESTS FROM DEPARTMENT OF of a health data platform that facilitates the At the appropriate place, insert the fol-
VETERANS AFFAIRS. real-time sharing of information for both lowing:
(a) IN GENERAL.—The Secretary of Vet- public health and clinical health that allows SEC. l. VOLUNTARY PROTECTION PROGRAM.
erans Affairs shall furnish a COVID–19 serol- for— (a) COOPERATIVE RELATIONSHIPS.—The Sec-
ogy test to any enrolled veteran, upon re- (1) interoperable electronic reporting retary of Labor shall establish a program of
quest by the veteran, during calendar years standards for the sharing of electronic pa- entering into cooperative relationships with
2020 and 2021 and shall not impose any cost tient data, including case reports, laboratory employers to encourage the establishment of
sharing (including deductibles, copayments, results, serology, immunology, and hospital comprehensive safety and health manage-
and coinsurance) requirements or prior au- capacity data; ment systems that include—
thorization or other medical management (2) standardized electronic information re- (1) requirements for systematic assessment
requirements for the receipt of such a test by porting for the automated e-reporting of of hazards;
an enrolled veteran during such period. COVID–19 or future epidemic surveillance re- (2) comprehensive hazard prevention, miti-
(b) ENROLLED VETERAN DEFINED.—In this sults from health care providers, labora- gation, and control programs;
section, the term ‘‘enrolled veteran’’ means tories, and other sources to the Centers for (3) active and meaningful management
a veteran enrolled in the system of annual Disease Control and Prevention and State leadership and employee participation in the
patient enrollment of the Department of and local departments of health; voluntary program described in subsection
Veterans Affairs established and operated (3) standardized immunization data that is (b); and
under section 1705(a) of title 38, United shared with immunization registries, medi- (4) employee safety and health training.
States Code. cation history, and serology available at the (b) VOLUNTARY PROTECTION PROGRAM.—
SEC. l07. COVERAGE OF CORONAVIRUS ANTI- point of care for clinicians; and (1) IN GENERAL.—The Secretary of Labor
BODY TESTS UNDER FEHBP. (4) a common platform for automated que- shall establish and carry out a voluntary
Section 8902 of title 5, United States Code, ries and responses from hospitals, physi- protection program (consistent with sub-
is amended by adding at the end the fol- cians, and other prescribers and pharmacies section (a)) to encourage excellence and rec-
lowing: to— ognize the achievement of excellence in both
‘‘(p) A contract for a plan under this chap- (A) collect, maintain, and provide to pre- the technical and managerial protection of
ter shall— scribers and dispensers, in real-time and employees from occupational hazards.
‘‘(1) require the carrier to provide coverage within ordinary clinical workflow, informa- (2) PROGRAM REQUIREMENTS.—The vol-
for— tion on patient prescription and dispensing untary protection program shall include the
‘‘(A) a COVID–19 serology test adminis- history, relevant clinical diagnoses, labora- following:
tered on any date during the period begin- tory test results, vaccinations through phar- (A) APPLICATION.—Employers who volun-
ning on the date of enactment of this sub- maceutical claims, and electronic pre- teer under the program shall be required to
section and ending on December 31, 2021; and scribing data transactions to treat patients; submit an application to the Secretary of
‘‘(B) the administration of a test described and Labor demonstrating that the worksite with
in subparagraph (A); and (B) allow for the relevant information to respect to which the application is made
‘‘(2) prohibit the carrier from imposing any be reported to public health officials for the meets such requirements as the Secretary of
cost sharing requirement (including a de- purposes of infectious disease surveillance, Labor may require for participation in the
ductible, copayment, or coinsurance require- identification, and containment consistent program.
ment), or prior authorization or other med- with any electronic case reporting system. (B) ONSITE EVALUATIONS.—
ical management requirement, with respect Such recommendations shall be prioritized (i) IN GENERAL.—There shall be onsite eval-
to a test described in paragraph (1)(A).’’. in order of impact on improvements to pub- uations by representatives of the Secretary
SEC. l08. REIMBURSEMENT FOR UNINSURED PA- lic and clinical health. of Labor to ensure a high level of protection
TIENT COSTS. (c) ADOPTION OF STANDARDS.—Not later of employees.
The Secretary of Health and Human Serv- than 90 days after receipt of the rec- (ii) TREATMENT OF HAZARDS.—Any rep-
ices shall utilize amounts in the Public ommendations under subsection (b), and in resentative of the Secretary of Labor who is
Health and Social Services Emergency Fund consultation with American National Stand- conducting an onsite evaluation under clause
SSpencer on DSK126QN23PROD with SENATE
(as established in the Coronavirus Aid, Re- ards Institute Accredited Standards Develop- (i)—
lief, and Economic Security Act (Public Law ment Organizations, the Secretary of Health (I) shall not issue, or recommend the
116–136)) to reimburse health care providers and Human Services shall adopt priority issuance of, citations under the Occupational
for the costs of providing health care serv- standards and implementation specifications Safety and Health Act of 1970 (29 U.S.C. 651
ices for the diagnosis and treatment of recommended by the committee under sub- et seq.) related to any of the hazards identi-
COVID–19 for individuals who are not cov- section (a) on an expedited basis without re- fied during the evaluation; and
ered under a group health plan or other gard to the process described in section 1174 (II) may refer any hazard identified during
health insurance coverage. of the Social Security Act (with respect to the evaluation to the Assistant Secretary of
VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00188 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.054 S04AUPT1
File and source
- File
- CREC_crec-2020-08-04_crec-2020-08-04-pt1-pgs4865.pdf
- Size
- 219,956 bytes
- SHA-256
- 0e1f3af218019ff1ba4ff398731485fce3a2eca5ec233e11249916baa327e4c9
- Original
- www.govinfo.gov