Public Law 117-7 (April 14, 2021)
Summary
Public Law 117-7, an Act to prevent across-the-board direct spending cuts, approved Apr. 14, 2021 (H.R. 1868, 135 Stat. 251). Section 1 extends the temporary suspension of Medicare sequestration by amending section 3709(a) of division A of the CARES Act, striking March 31, 2021 and inserting December 31, 2021, and amends section 251A(6)(C) of the Balanced Budget and Emergency Deficit Control Act of 1985 as an offset. Section 2, Technical Corrections, begins with rural health clinic payments under section 1833(f)(3) of the Social Security Act.
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Cite this document
“Public Law 117-7 (April 14, 2021).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/plaw-plaw-117publ7-plaw-117publ7/
, SHA-256 6848169bb033b52c2b85cb7ca0807a604bcef8755700691fec983b9caa4f297d.Full text
PUBLIC LAW 117–7—APR. 14, 2021 135 STAT. 251
Public Law 117–7
117th Congress
An Act
Apr. 14, 2021
To prevent across-the-board direct spending cuts, and for other purposes.
[H.R. 1868]
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. EXTENSION OF TEMPORARY SUSPENSION OF MEDICARE
SEQUESTRATION.
(a) EXTENSION.—
(1) IN GENERAL.—Section 3709(a) of division A of the
CARES Act (2 U.S.C. 901a note) is amended by striking ‘‘March
31, 2021’’ and inserting ‘‘December 31, 2021’’.
(2) EFFECTIVE DATE.—The amendment made by paragraph 2 USC 901a note.
(1) shall take effect as if enacted as part of the CARES Act
(Public Law 116–136).
(b) OFFSET.—Section 251A(6)(C) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 901a(6)(C)) is
amended—
(1) in clause (i)—
(A) by striking ‘‘first 6 months’’ and inserting ‘‘first
5 1⁄2 months’’;
(B) by striking ‘‘4.0 percent’’ and inserting ‘‘2.0 per-
cent’’; and
(C) by striking ‘‘and’’ at the end;
(2) in clause (ii)—
(A) by striking ‘‘second 6 months’’ and inserting ‘‘6-
month period beginning on the day after the last day
of the period described in clause (i)’’; and
(B) by striking ‘‘0.0 percent.’’ and inserting ‘‘4.0 percent;
and’’; and
(3) by adding at the end the following:
‘‘(iii) with respect to the remaining 1⁄2 month in which
such order is so effective for such fiscal year, the payment
reduction shall be 0.0 percent.’’.
SEC. 2. TECHNICAL CORRECTIONS.
(a) RURAL HEALTH CLINIC PAYMENTS.—
(1) IN GENERAL.—Section 1833(f)(3) of the Social Security
Act (42 U.S.C. 1395l(f)(3)) is amended—
(A) in subparagraph (A)—
(i) in clause (i), by striking subclauses (I) and
(II) and inserting the following:
‘‘(I) with respect to a rural health clinic that had
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a per visit payment amount established for services
furnished in 2020—
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135 STAT. 252 PUBLIC LAW 117–7—APR. 14, 2021
‘‘(aa) the per visit payment amount applicable
to such rural health clinic for rural health clinic
services furnished in 2020, increased by the
percentage increase in the MEI applicable to pri-
mary care services furnished as of the first day
of 2021; or
‘‘(bb) the limit described in paragraph (2)(A);
and
‘‘(II) with respect to a rural health clinic that did
not have a per visit payment amount established for
services furnished in 2020—
‘‘(aa) the per visit payment amount applicable
to such rural health clinic for rural health clinic
services furnished in 2021; or
‘‘(bb) the limit described in paragraph (2)(A);
and’’; and
(ii) in clause (ii)(I), by striking ‘‘under clause (i)(I)’’
and inserting ‘‘under subclause (I) or (II) of clause
(i), as applicable,’’; and
(B) by striking subparagraph (B) and inserting the
following:
‘‘(B) A rural health clinic described in this subparagraph is
a rural health clinic that—
‘‘(i) as of December 31, 2020, was in a hospital with less
than 50 beds and after such date such hospital continues to
have less than 50 beds (not taking into account any increase
in the number of beds pursuant to a waiver under subsection
(b)(1)(A) of section 1135 during the emergency period described
in subsection (g)(1)(B) of such section); and
‘‘(ii)(I) as of December 31, 2020, was enrolled under section
1866(j) (including temporary enrollment during such emergency
period for such emergency period); or
‘‘(II) submitted an application for enrollment under section
1866(j) (or a request for such a temporary enrollment for such
emergency period) that was received not later than December
31, 2020.’’.
42 USC 1395l (2) EFFECTIVE DATE.—The amendments made by this sub-
note. section shall take effect as if included in the enactment of
the Consolidated Appropriations Act, 2021 (Public Law 116–
260).
42 USC 1396r–4 (b) ADDITIONAL AMOUNT FOR CERTAIN HOSPITALS WITH HIGH
note. DISPROPORTIONATE SHARE.—Effective as if included in the enact-
ment of section 203(a) of title II of division CC of Public Law
116–260, subsection (g) of section 1923 of the Social Security Act
(42 U.S.C. 1396r–4), as amended by such section, is amended by
adding at the end the following:
‘‘(3) CONTINUED APPLICATION OF GRANDFATHERED TRANSI-
TION RULE.—Notwithstanding paragraph (2) of this subsection
(as in effect on October 1, 2021), paragraph (2) of this subsection
(as in effect on September 30, 2021, and as applied under
section 4721(e) of the Balanced Budget Act of 1997, and
amended by section 607 of the Medicare, Medicaid, and SCHIP
Balanced Budget Refinement Act of 1999 (Public Law 106–
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113)) shall apply in determining whether a payment adjustment
for a hospital in a State referenced in section 4721(e) of the
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PUBLIC LAW 117–7—APR. 14, 2021 135 STAT. 253
Balanced Budget Act of 1997 during a State fiscal year shall
be considered consistent with subsection (c).’’.
Approved April 14, 2021.
LEGISLATIVE HISTORY—H.R. 1868:
CONGRESSIONAL RECORD, Vol. 167 (2021):
Mar. 19, considered and passed House.
Mar. 25, considered and passed Senate, amended.
Apr. 13, House concurred in Senate amendment.
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Æ
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