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Public Law 116–215 — Further Continuing Appropriations Act, 2021, and Other Extensions Act (Dec. 11, 2020)

Summary

Public Law 116–215, the Further Continuing Appropriations Act, 2021, and Other Extensions Act, dated Dec. 11, 2020 and printed at 134 Stat. 1041 as H.R. 8900 of the 116th Congress, an Act making further continuing appropriations for fiscal year 2021 and for other purposes. The table of contents lists Division A, Further Continuing Appropriations Act, 2021, and Division B, Health Extenders, with titles on Medicare and Medicaid extenders, public health extenders, offsets and budgetary effects. Section 101 amends the Continuing Appropriations Act, 2021 by striking the date in section 106(3) and inserting December 18, 2020. Section 1101 extends the work geographic index floor under Medicare by striking December 12, 2020 and inserting December 19, 2020.

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Congressional materials
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Plaw Plaw 116Publ215 Plaw 116Publ215
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Plaw Plaw 116Publ215 Plaw 116Publ215

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“Public Law 116–215 — Further Continuing Appropriations Act, 2021, and Other Extensions Act (Dec. 11, 2020).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/plaw-plaw-116publ215-plaw-116publ215/, SHA-256 fdcf2d6aa3ad88784d446c45b96542b654b94bf085c489a5443a6bccdfc0d104.

Full text

                                                                                           PUBLIC LAW 116–215—DEC. 11, 2020                                            134 STAT. 1041




                                                                        Public Law 116–215
                                                                        116th Congress
                                                                                                                     An Act
                                                                           Making further continuing appropriations for fiscal year 2021, and for other pur-                    Dec. 11, 2020
                                                                                                              poses.                                                             [H.R. 8900]
                                                                            Be it enacted by the Senate and House of Representatives of
                                                                        the United States of America in Congress assembled,                                                   Further
                                                                                                                                                                              Continuing
                                                                        SECTION 1. SHORT TITLE.                                                                               Appropriations
                                                                                                                                                                              Act, 2021, and
                                                                            This Act may be cited as the ‘‘Further Continuing Appropria-                                      Other Extensions
                                                                        tions Act, 2021, and Other Extensions Act’’.                                                          Act.
                                                                        SEC. 2. TABLE OF CONTENTS.
                                                                               The table of contents of this Act is as follows:
                                                                        Sec. 1. Short title.
                                                                        Sec. 2. Table of contents.
                                                                        Sec. 3. References.
                                                                               DIVISION A—FURTHER CONTINUING APPROPRIATIONS ACT, 2021
                                                                                                      DIVISION B—HEALTH EXTENDERS
                                                                        Title I—Medicare and Medicaid Extenders
                                                                        Title II—Public Health Extenders and Food and Drug Administration Provisions
                                                                        Title III—Offsets
                                                                        Title IV—Budgetary Effects
                                                                        SEC. 3. REFERENCES.
                                                                             Except as expressly provided otherwise, any reference to ‘‘this
                                                                        Act’’ contained in any division of this Act shall be treated as
                                                                        referring only to the provisions of that division.

                                                                             DIVISION A—FURTHER CONTINUING                                                                    Further
                                                                                                                                                                              Continuing
                                                                                 APPROPRIATIONS ACT, 2021                                                                     Appropriations
                                                                                                                                                                              Act, 2021.
                                                                             SEC. 101. The Continuing Appropriations Act, 2021 (division
                                                                        A of Public Law 116–159) is amended by striking the date specified                                    Ante, p. 711.
                                                                        in section 106(3) and inserting ‘‘December 18, 2020’’.
                                                                             This division may be cited as the ‘‘Further Continuing Appro-
                                                                        priations Act, 2021’’.




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                                                                        134 STAT. 1042                            PUBLIC LAW 116–215—DEC. 11, 2020

                                                                                                        DIVISION B—HEALTH EXTENDERS
                                                                                                      TITLE I—MEDICARE AND MEDICAID
                                                                                                                EXTENDERS
                                                                                                SEC. 1101. EXTENSION OF THE WORK GEOGRAPHIC INDEX FLOOR
                                                                                                            UNDER THE MEDICARE PROGRAM.
                                                                                                     Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C.
                                                                                                1395w–4(e)(1)(E)), as amended by section 3801 of the CARES Act
                                                                                                (Public Law 116–136) and section 2201 of the Continuing Appropria-
                                                                                                tions Act, 2021 and Other Extensions Act (Public Law 116–159),
                                                                                                is amended by striking ‘‘December 12, 2020’’ and inserting
                                                                                                ‘‘December 19, 2020’’.
                                                                                                SEC. 1102. EXTENSION OF FUNDING OUTREACH AND ASSISTANCE FOR
                                                                                                             LOW-INCOME PROGRAMS.
                                                                                                     (a) STATE HEALTH INSURANCE PROGRAMS.—Subsection
                                                                                                (a)(1)(B)(xi) of section 119 of the Medicare Improvements for
                                                                                                Patients and Providers Act of 2008 (42 U.S.C. 1395b–3 note), as
                                                                                                amended by section 3306 of the Patient Protection and Affordable
                                                                                                Care Act (Public Law 111–148), section 610 of the American Tax-
                                                                                                payer Relief Act of 2012 (Public Law 112–240), section 1110 of
                                                                                                the Pathway for SGR Reform Act of 2013 (Public Law 113–67),
                                                                                                section 110 of the Protecting Access to Medicare Act of 2014 (Public
                                                                                                Law 113–93), section 208 of the Medicare Access and CHIP
                                                                                                Reauthorization Act of 2015 (Public Law 114–10), section 50207
                                                                                                of division E of the Bipartisan Budget Act of 2018 (Public Law
                                                                                                115–123), section 1402 of division B of the Continuing Appropria-
                                                                                                tions Act, 2020, and Health Extenders Act of 2019 (Public Law
                                                                                                116–59), section 1402 of division B of the Further Continuing Appro-
                                                                                                priations Act, 2020, and Further Health Extenders Act of 2019
                                                                                                (Public Law 116–69), section 103 of division N of the Further
                                                                                                Consolidated Appropriations Act, 2020 (Public Law 116–94), section
                                                                                                3803 of the CARES Act (Public Law 116–136), and section 2203
                                                                                                of the Continuing Appropriations Act, 2021 and Other Extensions
                                                                                                Act (Public Law 116–159), is amended by striking ‘‘December 11’’
                                                                                                and inserting ‘‘December 18’’.
                                                                                                     (b) AREA AGENCIES ON AGING.—Subsection (b)(1)(B)(xi) of such
                                                                                                section 119, as so amended, is amended by striking ‘‘December
                                                                                                11’’ and inserting ‘‘December 18’’.
                                                                                                     (c) AGING AND DISABILITY RESOURCE CENTERS.—Subsection
                                                                                                (c)(1)(B)(xi) of such section 119, as so amended, is amended by
                                                                                                striking ‘‘December 11’’ and inserting ‘‘December 18’’.
                                                                                                     (d) CONTRACT WITH THE NATIONAL CENTER FOR BENEFITS AND
                                                                                                OUTREACH ENROLLMENT.—Subsection (d)(2)(xi) of such section 119,
                                                                                                as so amended, is amended by striking ‘‘December 11’’ and inserting
                                                                                                ‘‘December 18’’.
                                                                                                SEC. 1103. EXTENSION OF FUNDING FOR QUALITY MEASURE ENDORSE-
                                                                                                             MENT, INPUT, AND SELECTION.
                                                                                                    Section 1890(d)(2) of the Social Security Act (42 U.S.C.




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                                                                                                1395aaa(d)(2)) is amended by striking ‘‘December 11’’ each place
                                                                                                such phrase appears and inserting ‘‘December 18’’ in each such
                                                                                                place.




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                                                                                           PUBLIC LAW 116–215—DEC. 11, 2020                                            134 STAT. 1043
                                                                        SEC. 1104. EXTENSION OF COMMUNITY MENTAL HEALTH SERVICES
                                                                                    DEMONSTRATION PROGRAM.
                                                                              Section 223(d)(3) of the Protecting Access to Medicare Act of
                                                                        2014 (42 U.S.C. 1396a note), as amended by Public Law 116–
                                                                        159, is amended by striking ‘‘December 11’’ and inserting ‘‘December
                                                                        18’’.
                                                                        SEC. 1105. EXTENSION OF SPOUSAL IMPOVERISHMENT PROTECTIONS.
                                                                             (a) IN GENERAL.—Section 2404 of the Patient Protection and
                                                                        Affordable Care Act (42 U.S.C. 1396r–5 note), as amended by Public
                                                                        Law 116–159, is amended by striking ‘‘December 11’’ and inserting
                                                                        ‘‘December 18’’.
                                                                             (b) RULE OF CONSTRUCTION.—Nothing in section 2404 of Public                                      42 USC 1396a
                                                                        Law 111–148 (42 U.S.C. 1396r–5 note) or section 1902(a)(17) or                                        note.
                                                                        1924 of the Social Security Act (42 U.S.C. 1396a(a)(17), 1396r–
                                                                        5) shall be construed as prohibiting a State from—
                                                                                  (1) applying an income or resource disregard under a meth-
                                                                             odology authorized under section 1902(r)(2) of such Act (42
                                                                             U.S.C. 1396a(r)(2))—
                                                                                       (A) to the income or resources of an individual
                                                                                  described in section 1902(a)(10)(A)(ii)(VI) of such Act (42
                                                                                  U.S.C. 1396a(a)(10)(A)(ii)(VI)) (including a disregard of the
                                                                                  income or resources of such individual’s spouse); or
                                                                                       (B) on the basis of an individual’s need for home and
                                                                                  community-based services authorized under subsection (c),
                                                                                  (d), (i), or (k) of section 1915 of such Act (42 U.S.C. 1396n)
                                                                                  or under section 1115 of such Act (42 U.S.C. 1315); or
                                                                                  (2) disregarding an individual’s spousal income and assets
                                                                             under a plan amendment to provide medical assistance for
                                                                             home and community-based services for individuals by reason
                                                                             of being determined eligible under section 1902(a)(10)(C) of
                                                                             such Act (42 U.S.C. 1396a(a)(10)(C)) or by reason of section
                                                                             1902(f) of such Act (42 U.S.C. 1396a(f)) or otherwise on the
                                                                             basis of a reduction of income based on costs incurred for
                                                                             medical or other remedial care under which the State dis-
                                                                             regarded the income and assets of the individual’s spouse in
                                                                             determining the initial and ongoing financial eligibility of an
                                                                             individual for such services in place of the spousal impoverish-
                                                                             ment provisions applied under section 1924 of such Act (42
                                                                             U.S.C. 1396r–5).
                                                                        SEC. 1106. EXTENSION OF DELAY OF DSH REDUCTIONS.
                                                                             Section 1923(f)(7) of the Social Security Act (42 U.S.C. 1396r–
                                                                        4(f)(7)(A)) is amended by striking ‘‘December 12’’ each place such
                                                                        phrase appears and inserting ‘‘December 19’’ in each such place.
                                                                        SEC. 1107. EXTENSION OF MONEY FOLLOWS THE PERSON.
                                                                            Section 6071(h)(1)(H) of the Deficit Reduction Act of 2005 (42
                                                                        U.S.C. 1396a note) is amended by striking ‘‘December 11’’ and
                                                                        inserting ‘‘December 18’’.




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                                                                        134 STAT. 1044                            PUBLIC LAW 116–215—DEC. 11, 2020

                                                                                                TITLE II—PUBLIC HEALTH EXTENDERS
                                                                                                  AND FOOD AND DRUG ADMINISTRA-
                                                                                                  TION PROVISIONS
                                                                                                        Subtitle A—Public Health Extenders
                                                                                                SEC. 1201. EXTENDING FUNDING FOR COMMUNITY HEALTH CENTERS,
                                                                                                             NATIONAL HEALTH SERVICE CORPS, AND TEACHING
                                                                                                             HEALTH CENTER GME.
                                                                                                     (a) COMMUNITY HEALTH CENTERS.—Section 10503(b)(1)(F) of
                                                                                                the Patient Protection and Affordable Care Act (42 U.S.C. 254b–
                                                                                                2(b)(1)(F)) is amended—
                                                                                                          (1) by striking ‘‘$789,041,096’’ and inserting ‘‘$865,753,425’’;
                                                                                                     and
                                                                                                          (2) by striking ‘‘December 11, 2020’’ and inserting
                                                                                                     ‘‘December 18, 2020’’.
                                                                                                     (b) NATIONAL HEALTH SERVICE CORPS.—Section 10503(b)(2)(H)
                                                                                                of the Patient Protection and Affordable Care Act (42 U.S.C. 254b–
                                                                                                2(b)(2)(H)) is amended—
                                                                                                          (1) by striking ‘‘$61,150,685’’ and inserting ‘‘$67,095,890’’;
                                                                                                     and
                                                                                                          (2) by striking ‘‘December 11, 2020’’ and inserting
                                                                                                     ‘‘December 18, 2020’’.
                                                                                                     (c) TEACHING HEALTH CENTERS THAT OPERATE GRADUATE MED-
                                                                                                ICAL EDUCATION PROGRAMS.—Section 340H(g)(1) of the Public
                                                                                                Health Service Act (42 U.S.C. 256h(g)(1)) is amended—
                                                                                                          (1) by striking ‘‘$24,953,425’’ and inserting ‘‘$27,379,452’’;
                                                                                                     and
                                                                                                          (2) by striking ‘‘December 11, 2020’’ and inserting
                                                                                                     ‘‘December 18, 2020’’.
                                                                        Time period.                 (d) APPLICATION OF PROVISIONS.—Amounts appropriated pursu-
                                                                                                ant to the amendments made by this section for the period begin-
                                                                                                ning on December 11, 2020, and ending on December 18, 2020,
                                                                                                shall be subject to the requirements contained in Public Law 116–
                                                                                                94 for funds for programs authorized under sections 330 through
                                                                                                340 of the Public Health Service Act.
                                                                                                     (e) CONFORMING AMENDMENTS.—Paragraph (4) of section
                                                                                                3014(h) of title 18, United States Code, as amended by section
                                                                                                3831(e) of the CARES Act (Public Law 116–136), is amended—
                                                                                                          (1) by striking ‘‘Social Services Act,,’’ and inserting ‘‘Social
                                                                                                     Services Act,’’; and
                                                                                                          (2) by striking ‘‘and section 2101 of the Continuing Appro-
                                                                                                     priations Act, 2021 and Other Extensions Act’’ and inserting
                                                                                                     ‘‘section 2101 of the Continuing Appropriations Act, 2021 and
                                                                                                     Other Extensions Act, and section 1201(d) of the Further Con-
                                                                                                     tinuing Appropriations Act, 2021, and Other Extensions Act’’.
                                                                                                SEC. 1202. DIABETES PROGRAMS.
                                                                                                    (a) SPECIAL DIABETES PROGRAMS FOR TYPE I DIABETES.—Sec-
                                                                                                tion 330B(b)(2)(D) of the Public Health Service Act (42 U.S.C.
                                                                                                254c–2(b)(2)(D)) is amended—
                                                                                                         (1) by striking ‘‘$29,589,042’’ and inserting ‘‘$32,465,753’’;




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                                                                                                    and
                                                                                                         (2) by striking ‘‘December 11, 2020’’ and inserting
                                                                                                    ‘‘December 18, 2020’’.




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                                                                                           PUBLIC LAW 116–215—DEC. 11, 2020                                            134 STAT. 1045

                                                                             (b) SPECIAL DIABETES PROGRAMS FOR INDIANS.—Section
                                                                        330C(c)(2)(D) of the Public Health Service Act (42 U.S.C. 254c–
                                                                        3(c)(2)(D)) is amended—
                                                                                  (1) by striking ‘‘$29,589,042’’ and inserting ‘‘$32,465,753’’;
                                                                             and
                                                                                  (2) by striking ‘‘December 11, 2020’’ and inserting
                                                                             ‘‘December 18, 2020’’.
                                                                        SEC. 1203. PERSONAL RESPONSIBILITY EDUCATION; SEXUAL RISK
                                                                                    AVOIDANCE EDUCATION.
                                                                             (a) SEXUAL RISK AVOIDANCE EDUCATION.—Section 510 of the
                                                                        Social Security Act (42 U.S.C. 710) is amended by striking
                                                                        ‘‘December 11, 2020’’ each place it appears and inserting ‘‘December
                                                                        18, 2020’’.
                                                                             (b) PERSONAL RESPONSIBILITY EDUCATION.—Section 513 of the
                                                                        Social Security Act (42 U.S.C. 713) is amended by striking
                                                                        ‘‘December 11, 2020’’ each place it appears and inserting ‘‘December
                                                                        18, 2020’’.

                                                                         Subtitle B—Food and Drug Administration
                                                                                       Provisions
                                                                        SEC. 1211. RARE PEDIATRIC DISEASE PRIORITY REVIEW VOUCHER
                                                                                    EXTENSION.
                                                                            Section 529(b)(5) of the Federal Food, Drug, and Cosmetic Act
                                                                        (21 U.S.C. 360ff(b)(5)) is amended—
                                                                                (1) by striking ‘‘December 11, 2020’’ each place it appears
                                                                            and inserting ‘‘December 18, 2020’’; and
                                                                                (2) in subparagraph (B), by striking ‘‘December 11, 2022’’
                                                                            and inserting ‘‘December 18, 2022’’.

                                                                                                      TITLE III—OFFSETS
                                                                        SEC.     1301.     TRANSPARENCY OF MEDICARE                            SECONDARY          PAYER
                                                                                           REPORTING INFORMATION.
                                                                            Section 1862(b)(8)(G) of the Social Security Act (42 U.S.C.
                                                                        395y(b)(8)(G)) is amended—
                                                                                (1) by striking ‘‘INFORMATION.—The Secretary’’ and
                                                                            inserting ‘‘INFORMATION.—
                                                                                          ‘‘(i) IN GENERAL.—The Secretary’’; and
                                                                                (2) by adding at the end the following new clause:
                                                                                          ‘‘(ii) SPECIFIED INFORMATION.—In responding to                                      Time period.
                                                                                     any query made on or after the date that is 1 year
                                                                                     after the date of the enactment of this clause from
                                                                                     an applicable plan related to a determination described
                                                                                     in subparagraph (A)(i), the Secretary, notwithstanding
                                                                                     any other provision of law, shall provide to such
                                                                                     applicable plan—
                                                                                                 ‘‘(I) whether a claimant subject to the query                                Time period.
                                                                                          is, or during the preceding 3-year period has been,
                                                                                          entitled to benefits under the program under this
                                                                                          title on any basis; and




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                                                                                                 ‘‘(II) to the extent applicable, the plan name
                                                                                          and address of any Medicare Advantage plan
                                                                                          under part C and any prescription drug plan under




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                                                                        134 STAT. 1046                            PUBLIC LAW 116–215—DEC. 11, 2020

                                                                                                                        part D in which the claimant is enrolled or has
                                                                                                                        been enrolled during such period.’’.
                                                                        21 USC 829 note.        SEC. 1302. DISPENSATION OF NARCOTIC DRUGS FOR THE PURPOSE
                                                                                                            OF RELIEVING ACUTE WITHDRAWAL SYMPTOMS FROM
                                                                                                            OPIOID USE DISORDER.
                                                                        Deadline.                   Not later than 180 days after the date of enactment of this
                                                                        Regulations.            Act, the Attorney General shall revise section 1306.07(b) of title
                                                                                                21, Code of Federal Regulations, so that practitioners, in accordance
                                                                                                with applicable State, Federal, or local laws relating to controlled
                                                                                                substances, are allowed to dispense not more than a three-day
                                                                                                supply of narcotic drugs to one person or for one person’s use
                                                                                                at one time for the purpose of initiating maintenance treatment
                                                                                                or detoxification treatment (or both).
                                                                                                SEC. 1303. MEDICAID IMPROVEMENT FUND.
                                                                                                    Section 1941(b)(3)(A) of the Social Security Act (42 U.S.C
                                                                                                1396w–1(b)(3)(A)) is amended by striking ‘‘$3,446,000,000’’ and
                                                                                                inserting ‘‘$3,464,000,000’’.

                                                                                                         TITLE IV—BUDGETARY EFFECTS
                                                                                                SEC. 1401. BUDGETARY EFFECTS.
                                                                                                     (a) STATUTORY PAYGO SCORECARDS.—The budgetary effects
                                                                                                of this division shall not be entered on either PAYGO scorecard
                                                                                                maintained pursuant to section 4(d) of the Statutory Pay-As-You-
                                                                                                Go Act of 2010.
                                                                                                     (b) SENATE PAYGO SCORECARDS.—The budgetary effects of this
                                                                                                division shall not be entered on any PAYGO scorecard maintained
                                                                                                for purposes of section 4106 of H. Con. Res. 71 (115th Congress).
                                                                                                     (c) CLASSIFICATION OF BUDGETARY EFFECTS.—Notwithstanding
                                                                                                Rule 3 of the Budget Scorekeeping Guidelines set forth in the
                                                                                                joint explanatory statement of the committee of conference accom-
                                                                                                panying Conference Report 105–217 and section 250(c)(8) of the
                                                                                                Balanced Budget and Emergency Deficit Control Act of 1985, the
                                                                                                budgetary effects of this division shall not be estimated—
                                                                                                          (1) for purposes of section 251 of such Act; and




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                                                                                           PUBLIC LAW 116–215—DEC. 11, 2020                                            134 STAT. 1047

                                                                                   (2) for purposes of paragraph (4)(C) of section 3 of the
                                                                               Statutory Pay-As-You-Go Act of 2010 as being included in an
                                                                               appropriation Act.

                                                                           Approved December 11, 2020.




                                                                        LEGISLATIVE HISTORY—H.R. 8900:
                                                                        CONGRESSIONAL RECORD, Vol. 166 (2020):
                                                                             Dec. 9, considered and passed House.




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                                                                             Dec. 11, considered and passed Senate.

                                                                                                                         Æ




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