[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6244 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 6244
To amend titles XVIII and XIX to provide for coverage at no cost
sharing of COVID-19 testing under the Medicaid program and Children's
Health Insurance Program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 12, 2020
Ms. Kelly of Illinois (for herself, Ms. Sewell of Alabama, and Mr.
DeSaulnier) introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend titles XVIII and XIX to provide for coverage at no cost
sharing of COVID-19 testing under the Medicaid program and Children's
Health Insurance Program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. COVERAGE AT NO COST SHARING OF COVID-19 TESTING UNDER
MEDICAID AND CHIP.
(a) Medicaid.--
(1) In general.--Section 1905(a)(3) of the Social Security
Act (42 U.S.C. 1396d(a)(3)) is amended--
(A) by striking ``other laboratory'' and inserting
``(a) other laboratory'';
(B) by inserting ``and'' after the semicolon; and
(C) by adding at the end the following new
subparagraph:
``(B) in vitro diagnostic products (as defined in section
809.3(a) of title 21, Code of Federal Regulations) administered
during any portion of the emergency period defined in paragraph
(1)(B) of section 1135(g) beginning on or after the date of the
enactment of this subparagraph for the detection of SARS-CoV-2
or the diagnosis of the virus that causes COVID-19 that are
approved, cleared, or authorized under section 510(k), 513,
515, or 564 of the Federal Food, Drug, and Cosmetic Act, and
the administration of such in vitro diagnostic products;''.
(2) No cost sharing.--
(A) In general.--Subsections (a)(2) and (b)(2) of
section 1916 of the Social Security Act (42 U.S.C.
1396o) are each amended--
(i) in subparagraph (D), by striking ``or''
at the end;
(ii) in subparagraph (E), by striking ``;
and'' and inserting a comma; and
(iii) by adding at the end the following
new subparagraphs:
``(F) any in vitro diagnostic product described in
section 1905(a)(3)(B) that is administered during any
portion of the emergency period described in such
section beginning on or after the date of the enactment
of this subparagraph (and the administration of such
product), or
``(G) any medical visit for which payment may be
made under the State plan, that is furnished during any
such portion of such emergency period, and that relates
to testing for COVID-19; and''.
(B) Application to alternative cost sharing.--
Section 1916A(b)(3)(B) of the Social Security Act (42
U.S.C. 1396o-1(b)(3)(B)) is amended by adding at the
end the following new clause:
``(xi) Any in vitro diagnostic product
described in section 1905(a)(3)(B) that is
administered during any portion of the
emergency period described in such section
beginning on or after the date of the enactment
of this clause (and the administration of such
product) and any visit described in section
1916(a)(2)(G) that is furnished during any such
portion.''.
(C) Clarification.--The amendments made this
paragraph shall apply with respect to a State plan of a
territory in the same manner as a State plan of one of
the 50 States.
(3) State option to provide coverage for uninsured
individuals.--
(A) In general.--Section 1902(a)(10) of the Social
Security Act (42 U.S.C. 1396a(a)(10)) is amended--
(i) in subparagraph (A)(ii)--
(I) in subclause (XXI), by striking
``or'' at the end;
(II) in subclause (XXII), by adding
``or'' at the end; and
(III) by adding at the end the
following new subclause:
``(XXIII) during any portion of the
emergency period defined in paragraph
(1)(B) of section 1135(g) beginning on
or after the date of the enactment of
this subclause, who are uninsured
individuals (as defined in subsection
(ss));''; and
(ii) in the matter following subparagraph
(G)--
(I) by striking ``and (XVII)'' and
inserting ``, (XVII)''; and
(II) by inserting after ``instead
of through subclause (VIII)'' the
following: ``, and (XVIII) the medical
assistance made available to an
uninsured individual (as defined in
subsection (ss)) who is eligible for
medical assistance only because of
subparagraph (A)(ii)(XXIII) shall be
limited to medical assistance for any
in vitro diagnostic product described
in section 1905(a)(3)(B) that is
administered during any portion of the
emergency period described in such
section beginning on or after the date
of the enactment of this subclause (and
the administration of such product) and
any visit described in section
1916(a)(2)(G) that is furnished during
any such portion''.
(B) Receipt and initial processing of applications
at certain locations.--Section 1902(a)(55) of the
Social Security Act (42 U.S.C. 1396a(a)(55)) is
amended, in the matter preceding subparagraph (A), by
striking ``or (a)(10)(A)(ii)(IX)'' and inserting
``(a)(10)(A)(ii)(IX), or (a)(10)(A)(ii)(XXIII)''.
(C) Uninsured individual defined.--Section 1902 of
the Social Security Act (42 U.S.C. 1396a) is amended by
adding at the end the following new subsection:
``(ss) Uninsured Individual Defined.--For purposes of this section,
the term `uninsured individual' means, notwithstanding any other
provision of this title, any individual who is--
``(1) not described in subsection (a)(10)(A)(i); and
``(2) not enrolled in a Federal health care program (as
defined in section 1128B(f)), a group health plan, group or
individual health insurance coverage offered by a health
insurance issuer (as such terms are defined in section 2791 of
the Public Health Service Act), or a health plan offered under
chapter 89 of title 5, United States Code.''.
(D) Federal medical assistance percentage.--Section
1905(b) of the Social Security Act (42 U.S.C. 1396d(b))
is amended by adding at the end the following new
sentence: ``Notwithstanding the first sentence of this
section, the Federal medical assistance percentage
shall be 100 per centum with respect to (and,
notwithstanding any other provision of this title,
available for) medical assistance provided to uninsured
individuals (as defined in section 1902(ss)) who are
eligible for such assistance only on the basis of
section 1902(a)(10)(A)(ii)(XXIII) and with respect to
expenditures described in section 1903(a)(7) that a
State demonstrates to the satisfaction of the Secretary
are attributable to administrative costs related to
providing for such medical assistance to such
individuals under the State plan.''.
(b) CHIP.--
(1) In general.--Section 2103(c) of the Social Security Act
(42 U.S.C. 1397cc(c)) is amended by adding at the end the
following paragraph:
``(9) Certain in vitro diagnostic products for covid-19
testing.--The child health assistance provided to a targeted
low-income child shall include coverage of any in vitro
diagnostic product described in section 1905(a)(3)(B) that is
administered during any portion of the emergency period
described in such section beginning on or after the date of the
enactment of this subparagraph (and the administration of such
product).''.
(2) Coverage for targeted low-income pregnant women.--
Section 2112(b)(4) of the Social Security Act (42 U.S.C.
1397ll(b)(4)) is amended by inserting ``under section 2103(c)''
after ``same requirements''.
(3) Prohibition of cost sharing.--Section 2103(e)(2) of the
Social Security Act (42 U.S.C. 1397cc(e)(2)) is amended--
(A) in the paragraph header, by inserting ``,
covid-19 testing,'' before ``or pregnancy-related
assistance''; and
(B) by striking ``category of services described in
subsection (c)(1)(D) or'' and inserting ``categories of
services described in subsection (c)(1)(D), in vitro
diagnostic products described in subsection (c)(9) (and
administration of such products), visits described in
section 1916(a)(2)(G), or''.
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