[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7292 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 7292
To amend title XVIII of the Social Security Act to provide for
forgiveness of certain accelerated and advance payments under parts A
and B of the Medicare program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 22, 2020
Ms. Kaptur (for herself, Mr. Gibbs, Mr. Fitzpatrick, Mr. Gonzalez of
Ohio, Mr. Ruppersberger, Mr. Ryan, Mr. Rush, Mr. LaMalfa, Mr. Van Drew,
Mr. Keating, Mr. Stivers, Mr. King of Iowa, Mr. Norcross, Mr. Lynch,
Mrs. Beatty, Mr. Balderson, Mr. Cohen, Ms. Stevens, Mr. Mitchell, Ms.
Fudge, Mr. O'Halleran, Mr. Tonko, Ms. Wild, Mr. Veasey, Mr. Young, Mr.
Sires, Mr. Turner, Ms. Jackson Lee, Mr. Danny K. Davis of Illinois, Ms.
Sherrill, Mrs. McBath, Mr. Cox of California, Mr. Evans, Mr. Moulton,
Mr. Katko, Mr. Engel, Mr. Joyce of Ohio, Mr. King of New York, Mr. Rose
of New York, and Mrs. Trahan) introduced the following bill; which was
referred to the Committee on Energy and Commerce, and in addition to
the Committee on Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend title XVIII of the Social Security Act to provide for
forgiveness of certain accelerated and advance payments under parts A
and B of the Medicare program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as ``The COVID-19 Hospital and Health
Provider Loan Forgiveness Act of 2020''.
SEC. 2. PROVIDING FOR FORGIVENESS OF CERTAIN ACCELERATED AND ADVANCE
PAYMENTS UNDER PARTS A AND B OF THE MEDICARE PROGRAM.
(a) Forgiveness of Payments.--
(1) Part a.--Section 1815(f) of the Social Security Act (42
U.S.C. 1395g(f)) is amended--
(A) in paragraph (2), by adding at the end the
following new subparagraph:
``(D) In the case of an accelerated payment made to a
hospital under such program on or after the date of the
enactment of the CARES Act and so made during the emergency
period described in section 1135(g)(1)(B), the Secretary shall
waive the requirement that such payment be repaid (or recouped)
if the hospital meets the requirements described in paragraph
(5), except that such waiver shall not apply with respect to
any amounts from such payment that were not used for COVID-19
losses or expenses of the hospital as of June 30, 2021, based
on the attestation of the hospital. The hospital shall repay
any such amounts to the Secretary not later than July 1, 2023.
The interest rate for any such amount not so repaid as of such
date shall be 2 percent if the hospital demonstrates
hardship.'';
(B) in paragraph (3), by inserting ``and paragraph
(2)(D)'' after ``paragraph (2)(C)''; and
(C) by adding at the end the following new
paragraph:
``(5) For purposes of paragraph (2)(D), the requirements described
in this paragraph are the following:
``(A) The hospital did not use any portion of a payment
described in such paragraph for compensation or benefits,
including salary, bonuses, awards of stock, or other financial
benefits, for an officer or employee described in section
4004(a)(2) of the CARES Act (Public Law 116-136).
``(B) The hospital used at least 60 percent of such payment
for employee compensation (other than an officer or employee
described in subparagraph (A)) during the period beginning on
January 1, 2020, and ending on June 30, 2021.
``(C) The hospital did not balance bill or surprise bill
any COVID-19 patient.''.
(2) Part b.--
(A) In general.--In carrying out the program
described in section 421.214 of title 42, Code of
Federal Regulations (or a successor regulation), in the
case of a payment made under such program to an entity
on or after the date of the enactment of the CARES Act
(Public Law 116-136) and so made during the emergency
period described in section 1135(g)(1)(B) of the Social
Security Act (42 U.S.C. 1320b-5(g)(1)(B)), the
Secretary of Health and Human shall waive the
requirement that such payment be repaid (or recouped)
if the entity meets the requirements described in
subparagraph (B), except that such waiver shall not
apply with respect to any amounts from such payment
that were not used for COVID-19 losses or expenses of
the entity as of June 30, 2021, based on the
attestation of the entity. The entity shall repay any
such amounts to the Secretary not later than July 1,
2023. The interest rate for any such amount not so
repaid as of such date shall be 2 percent if the entity
demonstrates hardship.
(B) Requirements.--For purposes of subparagraph
(A), the requirements described in this subparagraph
are the following:
(i) The entity did not use any portion of a
payment described in such subparagraph for
compensation or benefits, including salary,
bonuses, awards of stock, or other financial
benefits, for an officer or employee described
in section 4004(a)(2) of the CARES Act (Public
Law 116-136).
(ii) The entity used at least 60 percent of
such payment for employee compensation (other
than an officer or employee described in clause
(i)) during the period beginning on January 1,
2020, and ending on June 30, 2021.
(iii) The entity did not balance bill or
surprise bill any COVID-19 patient.
(b) Ensuring the Solvency of Medicare Trust Funds.--
(1) Federal hospital insurance trust fund.--Section 1817 of
the Social Security Act (42 U.S.C. 1395i) is amended by adding
at the end the following new subsection:
``(l) Accelerated Payment Program Transfers.--
``(1) In general.--There shall be transferred from the
General Fund of the Treasury to the Trust Fund, periodically
(as determined by the Managing Trustee), amounts such that the
aggregate amount so transferred under this paragraph equals the
total amount of specified payments (as defined in paragraph
(2)) made under this part.
``(2) Specified payment.--In this subsection, the term
`specified payment' means a payment that is made--
``(A) under section 1815(e)(3); and
``(B) during the emergency period described in
section 1135(g)(1)(B).''.
(2) Federal supplementary medical insurance trust fund.--
Section 1841 of the Social Security Act (42 U.S.C. 1395t) is
amended by adding at the end the following new subsection:
``(j) Advance Payment Program Transfers.--
``(1) In general.--There shall be transferred from the
General Fund of the Treasury to the Trust Fund, periodically
(as determined by the Secretary/the Managing Trustee), amounts
such that the aggregate amount so transferred under this
paragraph equals the total amount of specified payments (as
defined in paragraph (2)) made under this part.
``(2) Specified payment.--In this subsection, the term
`specified payment' means a payment that is made--
``(A) under the program described in section
421.214 of title 42, Code of Federal Regulations (or a
successor regulation); and
``(B) during the emergency period described in
section 1135(g)(1)(B).''.
(c) Insurer Requirements.--Subpart II of part A of title XXVII of
the Public Health Service Act (42 U.S.C. 300gg-11 et seq.) is amended
by adding at the end the following new section:
``SEC. 2730. COVERAGE AND PAYMENT REQUIREMENTS FOR ITEMS AND SERVICES
FURNISHED TO COVID-19 PATIENTS OUT-OF-NETWORK.
``In the case of an item or service furnished by a health care
provider to a COVID-19 patient who is an enrollee in a group health
plan or group or individual health insurance coverage offered by a
health insurance issuer, if such provider does not have in effect a
contractual relationship for furnishing such item or service under such
plan or coverage, the plan or issuer (as applicable)--
``(1) shall pay to such provider the amount which would
have been payable to such provider had such provider had in
effect such a relationship for furnishing such item or service;
and
``(2) shall ensure that any applicable cost-sharing
requirement is the same requirement that would have applied had
such item or service been furnished by a provider that had in
effect such a relationship.''.
(d) Publication.--The Secretary of Health and Human Services shall
publish on a public website the following:
(1) A specification of each hospital receiving forgiveness
of payment under section 1815(e)(3) of the Social Security Act
(42 U.S.C. 1395g(e)(3)) and each entity receiving forgiveness
of payment under the program described in section 421.214 of
title 42, Code of Federal Regulations (or a successor
regulation).
(2) The amount of such forgiveness with respect to each
such hospital and entity.
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