Public Law 117–71 — Protecting Medicare and American Farmers from Sequester Cuts Act (Dec. 10, 2021)
Summary
Public Law 117–71, the Protecting Medicare and American Farmers from Sequester Cuts Act, dated Dec. 10, 2021 and printed at 135 Stat. 1506 as S. 610 of the 117th Congress. Section 2 amends Section 3709(a) of division A of the CARES Act by striking December 31, 2021 and inserting March 31, 2022, and sets Medicare payment reductions of 1.0 percent for April 1, 2022 through June 30, 2022 and 2.25 percent and 3 percent for fiscal year 2030 periods. Section 3 extends support for physicians and other professionals in adjusting to Medicare payment changes, amending Section 1848 of the Social Security Act to include services furnished in 2022 at 3.0 percent. Section 4 revises the phase-in of clinical lab payment reductions under Section 1834A of the Social Security Act.
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“Public Law 117–71 — Protecting Medicare and American Farmers from Sequester Cuts Act (Dec. 10, 2021).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/plaw-plaw-117publ71-plaw-117publ71/
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PUBLIC LAW 117–71—DEC. 10, 2021
PROTECTING MEDICARE AND AMERICAN
FARMERS FROM SEQUESTER CUTS ACT
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135 STAT. 1506 PUBLIC LAW 117–71—DEC. 10, 2021
Public Law 117–71
117th Congress
An Act
Dec. 10, 2021
To address behavioral health and well-being among health care professionals.
[S. 610]
Be it enacted by the Senate and House of Representatives of
Protecting the United States of America in Congress assembled,
Medicare and
American SECTION 1. SHORT TITLE.
Farmers from
Sequester Cuts This Act may be cited as the ‘‘Protecting Medicare and Amer-
Act. ican Farmers from Sequester Cuts Act’’.
2 USC 900 note.
SEC. 2. ADJUSTMENTS TO MEDICARE SEQUESTRATION REDUCTIONS.
(a) EXTENSION OF TEMPORARY SUSPENSION THROUGH MARCH
2022.—
(1) IN GENERAL.—Section 3709(a) of division A of the
CARES Act (2 U.S.C. 901a note) is amended—
(A) in the subsection header by inserting ‘‘AND ADJUST-
MENT’’ after ‘‘SUSPENSION’’; and
(B) by striking ‘‘December 31, 2021’’ and inserting
‘‘March 31, 2022’’.
2 USC 901a note. (2) EFFECTIVE DATE.—The amendments made by paragraph
(1) shall take effect as if enacted as part of the CARES Act
(Public Law 116–136).
(b) ADJUSTMENTS TO MEDICARE PROGRAM SEQUESTRATION
REDUCTION WITH RESPECT TO FISCAL YEARS 2022 AND 2030.—
Section 251A(6) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901a(6)) is amended—
(1) by redesignating subparagraph (C) as subparagraph
(E); and
(2) by inserting after subparagraph (B) the following new
subparagraphs:
Applicability. ‘‘(C) Notwithstanding the 2 percent limit specified in
subparagraph (A) for payments for the Medicare programs
specified in section 256(d), the sequestration order of the
President under such subparagraph for fiscal year 2022
shall be applied to such payments so that with respect
to the period beginning on April 1, 2022, and ending on
June 30, 2022, the payment reduction shall be 1.0 percent.
Applicability. ‘‘(D) Notwithstanding the 2 percent limit specified in
subparagraph (A) for payments for the Medicare programs
specified in section 256(d), the sequestration order of the
President under such subparagraph for fiscal year 2030
shall be applied to such payments so that—
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‘‘(i) with respect to the first 6 months in which
such order is effective for such fiscal year, the payment
reduction shall be 2.25 percent; and
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PUBLIC LAW 117–71—DEC. 10, 2021 135 STAT. 1507
‘‘(ii) with respect to the second 6 months in which
such order is so effective for such fiscal year, the pay-
ment reduction shall be 3 percent.’’.
SEC. 3. EXTENSION OF SUPPORT FOR PHYSICIANS AND OTHER
PROFESSIONALS IN ADJUSTING TO MEDICARE PAYMENT
CHANGES.
(a) IN GENERAL.—Section 1848 of the Social Security Act (42
U.S.C. 1395w–4) is amended—
(1) in subsection (c)(2)(B)(iv)(V), by striking ‘‘2021’’ and
inserting ‘‘2021 or 2022’’; and
(2) in subsection (t)—
(A) in the subsection header, by striking ‘‘2021’’ and
inserting ‘‘2021 AND 2022’’;
(B) in paragraph (1)—
(i) by striking ‘‘during 2021’’ and inserting ‘‘during
2021 and 2022’’; and
(ii) by striking ‘‘for such services furnished on or
after January 1, 2021, and before January 1, 2022,
by 3.75 percent.’’ and inserting ‘‘for—
‘‘(A) such services furnished on or after January 1,
2021, and before January 1, 2022, by 3.75 percent; and
‘‘(B) such services furnished on or after January 1,
2022, and before January 1, 2023, by 3.0 percent.’’; and
(C) in paragraph (2)(C)—
(i) in the subparagraph header, by striking ‘‘2021’’
and inserting ‘‘2021 AND 2022’’;
(ii) by inserting ‘‘for services furnished in 2021
or 2022’’ after ‘‘under this subsection’’; and
(iii) by inserting ‘‘or 2022, respectively’’ before the
period at the end.
(b) REPORT.—Section 101(c) of division N of the Consolidated
Appropriations Act, 2021 (Public Law 116–260) is amended— 134 Stat. 1950.
(1) in the first sentence—
(A) by striking ‘‘April 1, 2022’’ and inserting ‘‘each
of April 1, 2022, and April 1, 2023’’; and
(B) by striking ‘‘, as added by subsection (a)’’ and
inserting ‘‘furnished during 2021 or 2022, respectively’’;
and
(2) in the second sentence—
(A) by striking ‘‘Such report’’ and inserting ‘‘Each such
report’’; and
(B) by inserting ‘‘with respect to 2021 or 2022, as
applicable’’ after ‘‘under such section’’.
SEC. 4. PRESERVING PATIENT ACCESS TO CRITICAL CLINICAL LAB
SERVICES.
(a) REVISED PHASE-IN OF REDUCTIONS FROM PRIVATE PAYOR
RATE IMPLEMENTATION.—Section 1834A(b)(3) of the Social Security
Act (42 U.S.C. 1395m–1(b)(3)) is amended—
(1) in subparagraph (A), by striking ‘‘through 2024’’ and
inserting ‘‘through 2025’’; and
(2) in subparagraph (B)—
(A) in clause (ii), by striking ‘‘for 2021’’ and inserting
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‘‘for each of 2021 and 2022’’; and
(B) in clause (iii), by striking ‘‘2022 through 2024’’
and inserting ‘‘2023 through 2025’’.
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135 STAT. 1508 PUBLIC LAW 117–71—DEC. 10, 2021
(b) REVISED REPORTING PERIOD FOR REPORTING OF PRIVATE
SECTOR PAYMENT RATES FOR ESTABLISHMENT OF MEDICARE PAY-
MENT RATES.—Section 1834A(a)(1)(B) of the Social Security Act
(42 U.S.C. 1395m–1(a)(1)(B)) is amended—
(1) in clause (i), by striking ‘‘December 31, 2021’’ and
inserting ‘‘December 31, 2022’’; and
(2) in clause (ii)—
(A) by striking ‘‘January 1, 2022’’ and inserting
‘‘January 1, 2023’’; and
(B) by striking ‘‘March 31, 2022’’ and inserting ‘‘March
31, 2023’’.
SEC. 5. DELAY TO THE IMPLEMENTATION OF THE RADIATION
ONCOLOGY MODEL UNDER THE MEDICARE PROGRAM.
Section 133 of Division CC of the Consolidated Appropriations
134 Stat. 2976. Act, 2021 (Public Law 116–260) is amended by striking ‘‘January
1, 2022’’ and inserting ‘‘January 1, 2023’’.
SEC. 6. MEDICARE IMPROVEMENT FUND.
Section 1898(b)(1) of the Social Security Act (42 U.S.C.
1395iii(b)(1)) is amended by striking ‘‘fiscal year 2021’’ and all
that follows through the period at the end and inserting ‘‘fiscal
year 2021, $101,000,000.’’.
Determination. SEC. 7. PAYGO ANNUAL REPORT.
Time periods.
For the purposes of the annual report issued pursuant to section
5 of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 934) after
adjournment of the first session of the 117th Congress, and for
determining whether a sequestration order is necessary under such
section, the debit for the budget year on the 5-year scorecard,
if any, and the 10-year scorecard, if any, shall be deducted from
such scorecard in 2022 and added to such scorecard in 2023.
SEC. 8. EXPEDITED PROCEDURES FOR CONSIDERING AN INCREASE
IN THE DEBT LIMIT.
(a) DEFINITION.—In this section, the term ‘‘joint resolution’’
means a joint resolution—
Time period. (1) that is introduced by the Majority Leader of the Senate,
or a designee, during the period beginning on the date of
enactment of this Act and ending on December 31, 2021;
(2) which does not have a preamble;
(3) the title of which is as follows: ‘‘Joint resolution relating
to increasing the debt limit.’’; and
(4) the matter after the resolving clause of which is as
follows: ‘‘That the limitation under section 3101(b) of title 31,
United States Code, as most recently increased by Public Law
117–50 (31 U.S.C. 3101 note), is increased by
$lllllllll.’’, the blank space being appropriately
filled in with the dollar amount of the increase.
(b) EXPEDITED CONSIDERATION IN SENATE.—
(1) PLACEMENT ON CALENDAR.—Upon introduction in the
Senate, the joint resolution shall be placed immediately on
the calendar.
(2) PROCEEDING TO CONSIDERATION.—
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Deadline. (A) IN GENERAL.—Notwithstanding rule XXII of the
Standing Rules of the Senate, it is in order, not later
than January 15, 2022 (even though a previous motion
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PUBLIC LAW 117–71—DEC. 10, 2021 135 STAT. 1509
to the same effect has been disagreed to) to move to proceed
to the consideration of the joint resolution.
(B) PROCEDURE.—For a motion to proceed to the consid-
eration of the joint resolution—
(i) all points of order against the motion are
waived;
(ii) the motion is not debatable;
(iii) the motion is not subject to a motion to post-
pone;
(iv) a motion to reconsider the vote by which the
motion is agreed to or disagreed to shall not be in
order; and
(v) if the motion is agreed to, the joint resolution
shall remain the unfinished business until disposed
of.
(3) FLOOR CONSIDERATION.—
(A) IN GENERAL.—If the Senate proceeds to consider-
ation of the joint resolution—
(i) all points of order against the joint resolution
(and against consideration of the joint resolution) are
waived;
(ii) debate on the joint resolution, and all debatable Time period.
motions and appeals in connection therewith, shall
be limited to not more than 10 hours, which shall
be divided equally between the Chairman and Ranking
Member of the Committee on Finance;
(iii) an amendment to the joint resolution is not
in order;
(iv) a motion to postpone or a motion to commit
the joint resolution is not in order; and
(v) a motion to proceed to the consideration of
other business is not in order.
(B) VOTE ON PASSAGE.—The vote on passage shall occur
immediately following the conclusion of the debate on the
joint resolution and a single quorum call if requested in
accordance with the rules of the Senate.
(C) RULINGS OF THE CHAIR ON PROCEDURE.—Appeals
from the decisions of the Chair relating to the application
of this paragraph or the rules of the Senate, as the case
may be, to the procedure relating to the joint resolution
shall be decided without debate.
(D) SINGLE MEASURE AUTHORIZED.—It shall not be in
order to consider more than 1 joint resolution under the
procedures under this paragraph.
(E) SUNSET.—It shall not be in order to consider a
joint resolution under the procedures under this paragraph
after January 16, 2022.
(4) RULES OF THE SENATE.—This subsection is enacted by
Congress—
(A) as an exercise of the rulemaking power of the
Senate, and as such is deemed a part of the rules of
the Senate, but applicable only with respect to the proce-
dure to be followed in the Senate in the case of a joint
resolution, and supersede other rules only to the extent
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that they are inconsistent with such rules; and
(B) with full recognition of the constitutional right
of the Senate to change the rules (so far as relating to
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135 STAT. 1510 PUBLIC LAW 117–71—DEC. 10, 2021
the procedure of the Senate) at any time, in the same
manner, and to the same extent as in the case of any
other rule of the Senate.
Approved December 10, 2021.
LEGISLATIVE HISTORY—S. 610:
CONGRESSIONAL RECORD, Vol. 167 (2021):
Aug. 5, considered and passed Senate.
Dec. 7, considered and passed House, amended. Senate considered concurring
in House amendment.
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Dec. 9, Senate concurred in House amendment.
Æ
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