Pandemic Darlings The pandemic economy, in original documents
Home Source documents Congressional Record, Senate — Page S4872, August 4, 2020

Congressional Record, Senate — Page S4872, August 4, 2020

Summary

Page S4872 of the Senate section of the Congressional Record for August 4, 2020. SA 2561, submitted by Capito, is printed as intended to be proposed to amendment SA 2499 proposed by McConnell. Amendment text on the page covers coverage of prescription digital therapeutics under the Medicare program, with a proposed fee schedule to be developed within 180 days of approval or clearance and a notice and comment requirement. Other text requires a State process to address refusal to return to work, provides for the Secretary of the Treasury to recover amounts provided to certain entities, and adds a section on access to non-opioid treatments for pain.

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 — Page S4872, August 4, 2020.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-08-04-crec-2020-08-04-pt1-pgs4872-a8da6d7b65/, SHA-256 34d887f95aaa09c4762fe55f2d4472381e32b9fabb73dced48665e018a51e59b.

Full text

                                               S4872                                             CONGRESSIONAL RECORD — SENATE                                                          August 4, 2020
                                                 (d) REQUIREMENT FOR RETURN TO WORK NO-                  SA 2561. Mrs. CAPITO submitted an                    part, the amount established pursuant to
                                               TIFICATION AND REPORTING.—Section 2104(b)               amendment intended to be proposed to                   paragraph (3).
                                               of the Relief for Workers Affected by                   amendment SA 2499 proposed by Mr.                        ‘‘(3) ESTABLISHMENT OF PAYMENT AMOUNT.—
                                               Coronavirus Act (contained in subtitle A of                                                                      ‘‘(A) IN GENERAL.—The Secretary shall es-
                                                                                                       MCCONNELL to the bill S. 178, to con-
                                               title II of division A of the CARES Act (Pub-                                                                  tablish a payment methodology for a pre-
                                               lic Law 116–136)) is amended by adding at the           demn gross human rights violations of                  scription digital therapeutic only in accord-
                                               end the following new paragraph:                        ethnic Turkic Muslims in Xinjiang, and                 ance with the requirements of this para-
                                                 ‘‘(3) Beginning 30 days after the date of en-         calling for an end to arbitrary deten-                 graph.
                                               actment of this paragraph, any agreement                tion, torture, and harassment of these                   ‘‘(B) DEVELOPMENT OF FEE SCHEDULE.—
                                               under this section shall require that the               communities inside and outside China;                  Within 180 days of the approval or clearance
                                               State has in place a process to address re-             which was ordered to lie on the table;                 described in section 1861(kkk)(1)(A), the Sec-
                                               fusal to return to work or refusal of suitable          as follows:                                            retary shall develop a proposed fee schedule
                                               work that includes the following:                                                                              for each prescription digital therapeutic so
                                                                                                         At the appropriate place, insert the fol-
                                                 ‘‘(A) Providing a plain-language notice to                                                                   approved or cleared. In developing such fee
                                                                                                       lowing:
                                               individuals at the time of applying for bene-                                                                  schedule, the Secretary may use the gap fill-
                                                                                                       SEC. ll. COVERAGE OF PRESCRIPTION DIGITAL
                                               fits regarding State law provisions relating                                                                   ing process described on 84 Federal Register
                                                                                                                  THERAPEUTICS UNDER THE MEDI-
                                               to each of the following:                                          CARE PROGRAM.                               60729 through 60742 and published on Novem-
                                                 ‘‘(i) Return to work requirements.                                                                           ber 8, 2019.
                                                                                                         (a) COVERAGE AS MEDICAL AND OTHER
                                                 ‘‘(ii) Rights to refuse to return to work or                                                                   ‘‘(C) NOTICE AND COMMENT REQUIRED.—Upon
                                                                                                       HEALTH SERVICE.—Section 1861(s)(2) of the
                                               to refuse suitable work.                                                                                       the development of the proposed fee schedule
                                                                                                       Social Security Act (42 U.S.C. 1395x(s)(2)) is
                                                 ‘‘(iii) How to contest the denial of a claim                                                                 described in subparagraph (B), the Secretary
                                                                                                       amended—
                                               that has been denied due to a claim by an                                                                      shall publish in the Federal Register such
                                                                                                          (1) in subparagraph (GG), by striking
                                               employer that the individual refused to re-                                                                    proposed fee schedule. Section 1871 shall
                                                                                                       ‘‘and’’ at the end;
                                               turn to work or refused suitable work.                                                                         apply to any proposed fee scheduled pub-
                                                                                                          (2) in subparagraph (HH), by striking the
                                                 ‘‘(B) Providing a plain-language notice to                                                                   lished pursuant to this subparagraph.
                                                                                                       period at the end and inserting ‘‘; and’’; and
                                               employers through any system used by em-                                                                         ‘‘(4) RULE OF CONSTRUCTION.—For purposes
                                                                                                          (3) by adding at the end the following new
                                               ployers or any regular correspondence sent                                                                     of paragraph (1), a service is ‘related’ to the
                                                                                                       subparagraph:
                                               to employers regarding how to notify the                                                                       use of a prescription digital therapeutic if
                                                                                                          ‘‘(II) prescription digital therapeutics as
                                               State if an individual refuses to return to                                                                    the service—
                                                                                                       defined in subsection (kkk);’’.
                                               work.                                                      (b) PRESCRIPTION DIGITAL THERAPEUTICS                 ‘‘(A) is an integral part of the use of the
                                                 ‘‘(C) Other items determined appropriate              DEFINED.—Section 1861 of the Social Secu-              prescription digital therapeutic;
                                               by the Secretary of Labor.’’.                           rity Act (42 U.S.C. 1395x) is amended by add-            ‘‘(B) is necessary to achieve the full in-
                                                 (e) EFFECTIVE DATE.—The amendments                    ing at the end thereof the following new sub-          tended result of the prescription digital
                                               made by this section (other than the amend-             section:                                               therapeutic; and
                                               ment made by subsection (d)) shall take ef-                ‘‘(kkk) PRESCRIPTION DIGITAL THERA-                   ‘‘(C) must, pursuant to the approval or
                                               fect as if included in the enactment of the             PEUTICS DEFINED.—                                      clearance       described       in       section
                                               Relief for Workers Affected by Coronavirus                 ‘‘(1) IN GENERAL.—The term ‘prescription            1861(kkk)(1)(A), be adjunctive to the use of
                                               Act (contained in subtitle A of title II of di-         digital therapeutic’ means a product, device,          the prescription digital therapeutic.’’.
                                               vision A of the CARES Act (Public Law 116–              internet application, or other technology                (d) RULE OF CONSTRUCTION; EFFECTIVE
                                               136)).                                                  that—                                                  DATE.—
                                               SEC. 3. EMERGENCY DESIGNATION.                             ‘‘(A) is approved or cleared by the Food              (1) RULE OF CONSTRUCTION.—No provision of
                                                 (a) IN GENERAL.—The amounts provided by               and Drug Administration under a relevant               this section, or the enactment of this sec-
                                               this Act and the amendments made by this                authority (within the meaning of paragraph             tion, shall be construed to imply that, in the
                                               Act are designated as an emergency require-             (2));                                                  case of an item or service that meets the def-
                                               ment pursuant to section 4(g) of the Statu-                ‘‘(B) has an approved indication for the            inition of a prescription digital therapeutic
                                               tory Pay-As-You-Go Act of 2010 (2 U.S.C.                prevention, management, or treatment of a              under this section for which coverage or pay-
                                               933(g)).                                                mental health or substance use disorder, in-           ment under the Medicare program is already
                                                 (b) DESIGNATION IN SENATE.—In the Senate,             cluding opioid use disorder;                           available prior to the date of the enactment
                                               this Act and the amendments made by this                   ‘‘(C) uses behavioral treatment or modi-            of this Act may not be covered or reimbursed
                                               Act are designated as an emergency require-             fication to achieve its intended result; and           under such program.
                                               ment pursuant to section 4112(a) of H. Con.                ‘‘(D) can only be dispensed pursuant to a             (2) EFFECTIVE DATE.—The amendments
                                               Res. 71 (115th Congress), the concurrent reso-          prescription.                                          made by this section shall apply to a pre-
                                               lution on the budget for fiscal year 2018.                 ‘‘(2) RELEVANT AUTHORITY DEFINED.—For               scription digital therapeutic dispensed after
                                                                                                       purposes of paragraph (1), the term ‘relevant          December 31, 2020.
                                                                                                                                                              SEC. ll. COVERAGE OF PRESCRIPTION DIGITAL
                                                 SA 2560. Mr. COTTON submitted an                      authority’ means the following sections of
                                                                                                                                                                         THERAPEUTICS UNDER THE MED-
                                               amendment intended to be proposed to                    the Federal Food, Drug, and Cosmetic Act:                         ICAID PROGRAM.
                                               amendment SA 2499 proposed by Mr.                          ‘‘(A) Section 510(k) of such Act (21 U.S.C.
                                                                                                                                                                Section 1905(a) of the Social Security Act
                                                                                                       360(k)).
                                               MCCONNELL to the bill S. 178, to con-                                                                          (42 U.S.C. 1396d(a)) is amended—
                                                                                                          ‘‘(B) Section 515 of such Act (21 U.S.C.
                                               demn gross human rights violations of                                                                            (1) in paragraph (29), by striking ‘‘; and’’
                                                                                                       360e).’’.
                                               ethnic Turkic Muslims in Xinjiang, and                                                                         and inserting a semicolon;
                                                                                                          (c) PAYMENT FOR PRESCRIPTION DIGITAL
                                               calling for an end to arbitrary deten-                                                                           (2) by redesignating paragraph (30) as para-
                                                                                                       THERAPEUTICS.—Section 1834 of the Social
                                                                                                                                                              graph (31); and
                                               tion, torture, and harassment of these                  Security Act (42 U.S.C. 1395m) is amended by
                                                                                                                                                                (3) by inserting the following paragraph
                                               communities inside and outside China;                   adding at the end the following new sub-
                                                                                                                                                              after paragraph (29):
                                               which was ordered to lie on the table;                  section:
                                                                                                          ‘‘(x) PAYMENT FOR PRESCRIPTION DIGITAL                ‘‘(30) prescription digital therapeutics (as
                                               as follows:                                                                                                    defined in section 1861(kkk)); and’’.
                                                                                                       THERAPEUTICS.—
                                                 At the end of the amendment, add the fol-                ‘‘(1) SEPARATE PAYMENT.—The Secretary
                                               lowing:                                                 shall make a payment (separate from any
                                                                                                                                                                SA 2562. Mrs. CAPITO submitted an
                                               SEC. 3. FUNDING LIMITATIONS.                            payment that may otherwise be made under               amendment intended to be proposed to
                                                 (a) PROHIBITION.—None of the funds appro-             this title for a related service) in the amount        amendment SA 2499 proposed by Mr.
                                               priated under this Act or under the CARES               established pursuant to paragraph (3) for a            MCCONNELL to the bill S. 178, to con-
                                               Act (Public Law 116–136), as amended by this            prescription digital therapeutic (as defined           demn gross human rights violations of
                                               Act, may be provided to an entity that is               in section 1861(kkk)) that is furnished on or          ethnic Turkic Muslims in Xinjiang, and
                                               under the foreign ownership, control, or in-            after January 1, 2021.                                 calling for an end to arbitrary deten-
                                               fluence of—                                                ‘‘(2) PAYMENT RECIPIENT.—Payment under              tion, torture, and harassment of these
                                                 (1) the Government of the People’s Repub-             this subsection shall be made to any provider
                                               lic of China;                                           of services or supplier enrolled under this
                                                                                                                                                              communities inside and outside China;
                                                 (2) the Chinese Communist Party; or                   title that—                                            which was ordered to lie on the table;




SSpencer on DSK126QN23PROD with SENATE
                                                 (3) an entity domiciled in the People’s Re-              ‘‘(A) prescribes a prescription digital             as follows:
                                               public of China.                                        therapeutic (as defined in such subsection);             At the appropriate place, insert the fol-
                                                 (b) CLAWBACK.—The Secretary of the                       ‘‘(B) uses such prescription digital thera-         lowing:
                                               Treasury, in consultation with the Secretary            peutic as an integral part of a treatment for          SEC. ll. ACCESS TO NON-OPIOID TREATMENTS
                                               of State, shall recover all of the amounts ap-          a related service; and                                            FOR PAIN.
                                               propriated under this Act or under the                     ‘‘(C) agrees to accept, as payment in full,           (a) IN GENERAL.—Section 1833(t) of the So-
                                               CARES Act that were provided to entities                after the application of any deductible or co-         cial Security Act (42 U.S.C. 1395l(t)) is
                                               described in subsection (a).                            insurance that may be applied under this               amended—




                                         VerDate Sep 11 2014   08:41 Aug 05, 2020   Jkt 099060   PO 00000   Frm 00194   Fmt 4624   Sfmt 0634   E:\CR\FM\A04AU6.057   S04AUPT1


File and source

File
CREC_crec-2020-08-04_crec-2020-08-04-pt1-pgs4872.pdf
Size
213,024 bytes
SHA-256
34d887f95aaa09c4762fe55f2d4472381e32b9fabb73dced48665e018a51e59b
Our copy
CREC_crec-2020-08-04_crec-2020-08-04-pt1-pgs4872.pdf
Original
www.govinfo.gov
Back to top