Congressional Record, Senate - August 6, 2020, S5306
Summary
This is page S5306 of the Congressional Record, Senate, August 6, 2020, with interleaved columns. It prints SA 2615, submitted by Mr. Enzi as an amendment to amendment SA 2499 proposed by Mr. McConnell, which covers price transparency requirements for hospitals and improvements to Medicare hospital payment programs during the public health emergency. The price transparency text requires hospitals to publish standard charges in a machine-readable format and adds civil penalties for noncompliance. The Medicare text would change repayment periods from 120 days to 270 days and from 12 months to 18 months. The page also continues text on destroying refused drugs or devices valued at $2,500 or less.
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“Congressional Record, Senate - August 6, 2020, S5306.”
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S5306 CONGRESSIONAL RECORD — SENATE August 6, 2020
following: ‘‘The Secretary of the Treasury SEC. ll. PRICE TRANSPARENCY REQUIRE- gotiated rates that allow for comparison be-
shall cause the destruction of any such arti- MENTS. tween providers and across plans, and related
cle refused admission unless such article is (a) HOSPITALS.—Section 2718(e) of the Pub- to a patient’s specific plan, including after
exported, under regulations prescribed by lic Health Service Act (42 U.S.C. § 300gg– an enrollee has exceeded their deductible re-
the Secretary of the Treasury, within 90 days 18(e)) is amended— sponsibility.’’; and
of the date of notice of such refusal or within (1) by striking ‘‘Each hospital’’ and insert- (4) in subparagraph (D) by striking ‘‘sub-
such additional time as may be permitted ing the following: paragraph (A)’’ and inserting ‘‘subparagraphs
pursuant to such regulations, except that the ‘‘(1) IN GENERAL.—Each hospital’’; (A), (B), and (C)’’.
Secretary of Health and Human Services (2) by inserting ‘‘, in a machine-readable
may destroy, without the opportunity for ex- format, via open application program inter- SA 2615. Mr. ENZI submitted an
port, any drug or device refused admission faces (APIs)’’ after ‘‘a list’’;
amendment intended to be proposed to
under this section, if such drug or device is (3) by inserting ‘‘, along with such addi-
tional information as the Secretary may re- amendment SA 2499 proposed by Mr.
valued at an amount that is $2,500 or less (or MCCONNELL to the bill S. 178, to con-
such higher amount as the Secretary of the quire with respect to such charges for pur-
poses of promoting public awareness of hos- demn gross human rights violations of
Treasury may set by regulation pursuant to
section 498(a)(1) of the Tariff Act of 1930 (19 pital pricing in advance of receiving a hos- ethnic Turkic Muslims in Xinjiang, and
pital item or service’’ before the period; and calling for an end to arbitrary deten-
U.S.C. 1498(a)(1))) and was not brought into
(4) by adding at the end the following: tion, torture, and harassment of these
compliance as described under subsection
‘‘(2) DEFINITION OF STANDARD CHARGES.— communities inside and outside China;
(b). The Secretary of Health and Human
Notwithstanding any other provision of law,
Services shall issue regulations providing for which was ordered to lie on the table;
for purposes of paragraph (1), the term
notice and an opportunity to appear before as follows:
‘standard charges’ means the rates hospitals,
the Secretary of Health and Human Services At the appropriate place, insert the fol-
including providers or entities that contract
and introduce testimony, as described in the lowing:
with or practice at a hospital, charge for all
first sentence of this subsection, on destruc-
items and services at a minimum, SEC. ll. IMPROVEMENTS TO THE MEDICARE
tion of a drug or device under the seventh
chargemaster rates, rates that hospitals ne- HOSPITAL ACCELERATED AND AD-
sentence of this subsection. The regulations gotiate with third party payers across all VANCE PAYMENTS PROGRAMS DUR-
shall provide that prior to destruction, ap- plans, including those related to a patient’s ING THE COVID–19 PUBLIC HEALTH
propriate due process is available to the specific plan, discounted cash prices, and EMERGENCY.
owner or consignee seeking to challenge the other rates determined by the Secretary. (a) PART A.—
decision to destroy the drug or device. Where ‘‘(3) ENFORCEMENT.—In addition to any (1) REPAYMENT PERIODS.—Section
the Secretary of Health and Human Services other enforcement actions or penalties that 1815(f)(2)(C) of the Social Security Act (42
provides notice and an opportunity to appear may apply under subsection (b)(3) or another U.S.C. 1395g(f)(2)(C)) is amended—
and introduce testimony on the destruction provision of law, a hospital that fails to pro- (A) in clause (i), by striking ‘‘120 days’’ and
of a drug or device, the Secretary of Health vide the information required by this sub- inserting ‘‘270 days’’; and
and Human Services shall store and, as ap- section and has not completed a corrective (B) in clause (ii), by striking ‘‘12 months’’
plicable, dispose of the drug or device after action plan to comply with the requirements and inserting ‘‘18 months’’.
the issuance of the notice, except that the of such subsection shall be subject to a civil (2) AUTHORITY FOR DISCRETION.—Section
owner and consignee shall remain liable for monetary penalty of an amount not to ex- 1815(f)(2)(A)(ii) of the Social Security Act (42
costs pursuant to subsection (c).’’. ceed $300 per day that the violation is ongo- U.S.C. 1395g(f)(2)(A)(ii)) is amended by insert-
(b) DEFINITION.—Section 201(h) of the Fed- ing ‘‘(or, with respect to requests submitted
ing as determined by the Secretary. Such
eral Food, Drug, and Cosmetic Act (21 U.S.C. to the Secretary on or after July 9, 2020,
penalty shall be imposed and collected in the
321(h)) is amended— may)’’after ‘‘shall.’’.
same manner as civil money penalties under
(1) by redesignating subparagraphs (1), (2), (b) PART B.—In carrying out the advance
subsection (a) of section 1128A of the Social
and (3) as clauses (A), (B), and (C), respec- payments program described in section
Security Act are imposed and collected.’’.
tively; and (b) TRANSPARENCY IN COVERAGE.—Section 421.214 of title 42, Code of Federal Regula-
(2) after making such redesignations— 1311(e)(3) of the Patient Protection and Af- tions (or a successor regulation), the Sec-
(A) by striking ‘‘(h) The term’’ and insert- fordable Care Act (42 U.S.C. 18031(e)(3)) is retary of Health and Human Services, in the
ing ‘‘(h)(1) The term’’; and amended— case of a payment made under such program
(B) by adding at the end the following: (1) in subparagraph (A)— during the emergency period described in
‘‘(2) The term ‘counterfeit device’ means a (A) in clause (vii), by inserting before the section 1135(g)(1)(B) of the Social Security
device which, or the container, packaging, or period the following: ‘‘, including, for all Act (42 U.S.C. 1320b–5(g)(1)(B)), upon request
labeling of which, without authorization, items and services covered under the plan, of the supplier receiving such payment,
bears a trademark, trade name, or other aggregate information on specific payments shall—
identifying mark, imprint, or symbol, or any the plan has made to out-of-network health (1) provide up to 270 days before claims are
likeness thereof, or is manufactured using a care providers on behalf of plan enrollees’’; offset to recoup the payment; and
design, of a device manufacturer, packer, or and (2) allow not less than 14 months from the
distributor other than the person or persons (B) by designating clause (ix) as clause (x); date of the first advance payment before re-
who in fact manufactured, packed, or distrib- and quiring that the outstanding balance be paid
uted such device and which thereby falsely (C) by inserting after clause (viii), the fol- in full.
purports or is represented to be the product lowing: (c) EFFECTIVE DATE.—The amendments
of, or to have been packed or distributed by, ‘‘(ix) Information on the specific nego- made by this section shall take effect as if
such other device manufacturer, packer, or tiated payment rates between the plan and included in the enactment of the
distributor. health care providers for all items and serv- Coronavirus Aid, Relief, and Economic Secu-
‘‘(3) For purposes of subparagraph (2)— rity Act (Public Law 116–136).
ices covered under the plan.’’;
‘‘(A) the term ‘manufactured’ refers to any (d) IMPLEMENTATION.—Notwithstanding
(2) in subparagraph (B)—
of the following activities: manufacture, any other provision of law, the Secretary of
(A) in the heading, by striking ‘‘USE’’ and
preparation, propagation, compounding, as- Health and Human Services may implement
inserting ‘‘DELIVERY METHODS AND USE’’;
sembly, or processing; and the provisions of, and the amendments made
(B) by inserting ‘‘, as applicable,’’ after
‘‘(B) the term ‘manufacturer’ means a per- by, this section by program instruction or
‘‘English proficiency’’; and
son who is engaged in any of the activities otherwise.
(C) by inserting after the second sentence,
listed in clause (A).’’. (e) EMERGENCY DESIGNATION.—
the following: ‘‘The Secretary shall establish
standards for electronic delivery and access (1) IN GENERAL.—The amounts provided by
SA 2614. Mr. BRAUN (for himself, Mr. this section and the amendments made by
to such information by individuals, free of
GRASSLEY, and Mr. ENZI) submitted an charge, in machine readable format, through this section are designated as an emergency
amendment intended to be proposed to an internet website and via open APIs.’’; requirement pursuant to section 4(g) of the
amendment SA 2499 proposed by Mr. (3) in subparagraph (C)— Statutory Pay-As-You-Go Act of 2010 (2
MCCONNELL to the bill S. 178, to con- (A) in the first sentence, by inserting ‘‘or U.S.C. 933(g)).
demn gross human rights violations of out-of-network provider’’ after ‘‘item or (2) DESIGNATION IN SENATE.—In the Senate,
ethnic Turkic Muslims in Xinjiang, and service by a participating provider’’; this section and the amendments made by
SSpencer on DSK126QN23PROD with SENATE
(B) in the second sentence, by striking this section are designated as an emergency
calling for an end to arbitrary deten- requirement pursuant to section 4112(a) of H.
tion, torture, and harassment of these ‘‘through an internet website’’ and inserting
‘‘free of charge, in machine readable format, Con. Res. 71 (115th Congress), the concurrent
communities inside and outside China; through an internet website, and via open resolution on the budget for fiscal year 2018.
which was ordered to lie on the table; APIs, in accordance with standards estab-
as follows: lished by the Secretary,’’; and SA 2616. Mr. WICKER (for himself,
At the appropriate place, insert the fol- (C) by adding at the end the following: Mr. BARRASSO, Mrs. CAPITO, Mr.
lowing: ‘‘Such information shall include specific ne- PERDUE, Mr. BOOZMAN, Mr. MORAN, and
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