[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1999 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 1999
To delay and offset the sequester under the Statutory Pay-As-You-Go Act
of 2010 as a result of the enactment of the American Rescue Plan Act of
2021, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 18, 2021
Mr. Smith of Missouri (for himself, Mr. Brady, Mr. Burgess, Mr. Comer,
Mr. Harris, Mr. Wenstrup, and Mrs. Rodgers of Washington) introduced
the following bill; which was referred to the Committee on Ways and
Means, and in addition to the Committees on Energy and Commerce,
Oversight and Reform, the Budget, and Education and Labor, 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 delay and offset the sequester under the Statutory Pay-As-You-Go Act
of 2010 as a result of the enactment of the American Rescue Plan Act of
2021, and for other purposes.
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 ``Protect Seniors and Cut Waste Act''.
SEC. 2. PAYGO ACT SEQUESTER.
The budgetary effects of the American Rescue Plan Act of 2021 shall
not be counted for purposes of determining whether a sequester occurs
under the report issued after Congress adjourns to end the 1st session
of the 117th Congress and during January 2022 under section 5 of the
Statutory Pay-As-You-Go Act of 2010.
SEC. 3. SUPPLEMENTAL APPROPRIATIONS FOR THE PUBLIC HEALTH AND SOCIAL
SERVICES EMERGENCY FUND.
(a) Supplemental Appropriation.--There is appropriated, out of any
amounts in the Treasury not otherwise appropriated, for an additional
amount for ``Public Health and Social Services Emergency Fund''',
$12,300,000,000, to remain available until expended, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally, which shall be for necessary expenses to reimburse,
through grants or other mechanisms, eligible health care providers for
health care related expenses or lost revenues that are attributable to
coronavirus.
(b) Conditions.--The following conditions shall apply with respect
to funds appropriated by subsection (a):
(1) Such funds may not be used to reimburse expenses or
losses that have been reimbursed from other sources or that
other sources are obligated to reimburse.
(2) Recipients of payments under this section shall submit
reports and maintain documentation as the Secretary of Health
and Human Services determines are needed to ensure compliance
with conditions that are imposed by this subsection for such
payments, and such reports and documentation shall be in such
form, with such content, and in such time as the Secretary may
prescribe for such purpose.
(3) The term ``eligible health care providers'' means
public entities, Medicare or Medicaid enrolled suppliers and
providers, and such for-profit entities and not-for-profit
entities not otherwise described in this paragraph as the
Secretary may specify, within the United States (including
territories), that provide diagnoses, testing, or care for
individuals with possible or actual cases of COVID-19.
(4) The Secretary shall, on a rolling basis, review
applications and make payments under this section.
(5) Funds appropriated under this section shall be
available for building or construction of temporary structures,
leasing of properties, medical supplies and equipment including
personal protective equipment and testing supplies, increased
workforce and trainings, emergency operation centers,
retrofitting facilities, and surge capacity.
(6) In this section, the term ``payment'' means a pre-
payment, prospective payment, or retrospective payment, as
determined appropriate by the Secretary.
(7) Payments under this section shall be made in
consideration of the most efficient payment systems practicable
to provide emergency payment.
(8) To be eligible for a payment under this section, an
eligible health care provider shall submit to the Secretary an
application that includes a statement justifying the need of
the provider for the payment and the eligible health care
provider shall have a valid tax identification number.
(9) For any reimbursement by the Secretary from the
Provider Relief Fund to an eligible health care provider that
is a subsidiary of a parent organization, the parent
organization may, allocate (through transfers or otherwise) all
or any portion of such reimbursement among the subsidiary
eligible health care providers of the parent organization,
including reimbursements referred to by the Secretary as
``Targeted Distribution'' payments, among subsidiary eligible
health care providers of the parent organization, except that
responsibility for reporting the reallocated reimbursement
shall remain with the original recipient of such reimbursement.
(10) For any reimbursement from the Provider Relief Fund to
an eligible health care provider for health care related
expenses or lost revenues that are attributable to coronavirus
(including reimbursements made before the date of the enactment
of this Act), such provider may calculate such lost revenues
using the Frequently Asked Questions guidance released by the
Department of Health and Human Services in June 2020, including
the difference between such provider's budgeted and actual
revenue budget if such budget had been established and approved
prior to March 27, 2020.
(11) Of the amount made available in the third paragraph
under the heading ``Department of Health and Human Services--
Office of the Secretary--Public Health and Social Services
Emergency Fund'' in Public Law 116-136, not less than 85
percent of the unobligated balances available as of the date of
enactment of this Act and of any funds recovered from health
care providers after the date of enactment of this Act shall be
for any successor to the Phase 3 General Distribution
allocation to make payments to eligible health care providers
based on applications that consider financial losses and
changes in operating expenses occurring in fiscal year 2021
that are attributable to coronavirus.
(12) Not later than 3 years after final payments are made
under this section, the Office of Inspector General of the
Department of Health and Human Services shall transmit a final
report on audit findings with respect to this program to the
Committees on Appropriations of the House of Representatives
and the Senate.
(13) Nothing in this section limits the authority of the
Inspector General or the Comptroller General to conduct audits
of interim payments at an earlier date.
(14) Not later than 60 days after the date of enactment of
this Act, the Secretary of Health and Human Services shall
provide a report to the Committees on Appropriations of the
House of Representatives and the Senate on the obligation of
funds, including obligations to such eligible health care
providers, summarized by State of the payment receipt. Such
report shall be updated and submitted to such Committees every
60 days until funds are expended.
(c) Emergency Designations.--
(1) Amounts repurposed in subsection (b) that were
previously designated by the Congress as an emergency
requirement pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985 are designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
(2) The amount appropriated by subsection (a) is designated
by the Congress as being for an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
(3) Each amount designated in this Act by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985
shall be available only if the President subsequently so
designates all such amounts and transmits such designations to
the Congress.
(d) Application of Provisions.--Amounts appropriated pursuant to
this section and pursuant to title II of Public Law 117-2 shall be
subject to the requirements contained in Public Law 116-260 for funds
for programs authorized under sections 330 through 340 of the Public
Health Service Act.
SEC. 4. CORONAVIRUS STATE FISCAL RECOVERY FUND ADJUSTMENT.
(a) In General.--Section 602 of the Social Security Act is
amended--
(1) in subsection (a)(1), by striking ``$219,800,000,000''
and inserting ``$79,800,000,000''; and
(2) in subsection (b)(3), by striking ``$195,300,000,000''
and inserting ``$55,300,000,000''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if included in the enactment of the American Rescue Plan
Act of 2021.
SEC. 5. 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 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 2020, increased by the
percentage increase in the MEI
applicable to primary 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) in subparagraph (B)--
(i) in the matter preceding clause (i), by
striking ``2019, was'' and inserting ``2020'';
(ii) in clause (i), by inserting ``was''
after ``(i)''; and
(iii) by striking clause (ii) and inserting
the following:
``(ii)(I) was enrolled under section 1866(j)
(including temporary enrollment during the emergency
period described in section 1135(g)(1)(B) for such
period); or
``(II) submitted an application for enrollment
under section 1866(j) (or requested such a temporary
enrollment for such period) that was received not later
than December 31, 2020.''.
(2) Effective date.--The amendments made by this subsection
shall take effect as if included in the enactment of the
Consolidated Appropriations Act, 2021 (Public Law 116-260).
(b) Additional Amount for Certain Hospitals With High
Disproporationate Share.--Effective as if included in the enactment 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) amended by such section 203(a) is amended by adding at the end
the following new paragraph:
``(3) Additional amount for certain hospitals with high
disproporationate share.--
``(A) In general.--In the case of a hospital with
high disproportionate share (as defined in subparagraph
(B)) located in a State referenced in subsection (e) of
section 4721 of the Balanced Budget Act of 1997, a
payment adjustment during a State fiscal year shall be
considered consistent with subsection (c) if the
payment adjustment does not exceed 175 percent of the
costs of furnishing hospital services during the year,
but only if the Governor of the State certifies to the
satisfaction of the Secretary that the hospital's
applicable minimum amount is used for health services
during the year. In determining the amount that is used
for such services during a year, there shall be
excluded any amounts received under the Public Health
Service Act, title V, title XVIII, or from third party
payors (not including the State plan under this title)
that are used for providing such services during the
year.
``(B) Hospital with high disproporationate share
defined.--In subparagraph (A), a hospital is a
`hospital with high disproportionate share' if--
``(i) the hospital is owned or operated by
the State (or by an instrumentality or a unit
of government within the State); and
``(ii) the hospital--
``(I) meets the requirement
described in subparagraphs (A) or (B)
of subsection (b)(1); or
``(II) has the largest number of
inpatient days attributable to
individuals entitled to benefits under
the State plan of any hospital in such
State for the previous fiscal year.
``(C) Applicable minimum amount defined.--In
subparagraph (A), the `applicable minimum amount' for a
hospital for a fiscal year is equal to the difference
between the amount of the hospital's payment adjustment
for the fiscal year and the costs to the hospital of
furnishing hospital services described in paragraph
(1)(A) during the fiscal year.''.
SEC. 6. INDIVIDUALS NOT LAWFULLY PRESENT IN UNITED STATES PRECLUDED
FROM 2021 RECOVERY REBATES.
(a) In General.--Section 6428B(c) of the Internal Revenue Code of
1986, as added by the American Rescue Plan Act of 2021, is amended by
striking ``and'' at the end of paragraph (2), by redesignating
paragraph (3) as paragraph (4), and by inserting after paragraph (2)
the following new paragraph:
``(3) any individual who was not lawfully present in the
United States as of the date of the enactment of the American
Rescue Plan Act of 2021, and''.
(b) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of section 9601 of the American
Rescue Plan Act of 2021.
SEC. 7. INCARCERATED INDIVIDUALS PRECLUDED FROM 2021 RECOVERY REBATES.
(a) In General.--Section 6428B(c) of the Internal Revenue Code of
1986, as added by the American Rescue Plan Act of 2021 and amended by
the preceding provisions of this Act, is amended by striking ``and'' at
the end of paragraph (3), by redesignating paragraph (4) as paragraph
(5), and by inserting after paragraph (3) the following new paragraph:
``(4) any individual who was incarcerated on the date of
the enactment of the American Rescue Plan Act of 2021, and''.
(b) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of section 9601 of the American
Rescue Plan Act of 2021.
SEC. 8. REQUIRING A SOCIAL SECURITY NUMBER TO RECEIVE COBRA
CONTINUATION COVERAGE.
(a) In General.--Section 9501(a)(3) of the American Rescue Plan Act
of 2021 (Public Law 117-2) is amended--
(1) in subparagraph (A), by striking at the end ``and'';
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(C) has been issued a social security number (as
defined in section 24(h)(7) of the Internal Revenue
Code of 1986) by the Social Security Administration.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if included in the enactment of section 9501 of the
American Rescue Plan Act of 2021.
SEC. 9. RESCISSIONS OF AMERICAN RESCUE PLAN ACT OF 2021 FUNDS.
Of the funds appropriated by the American Rescue Plan Act of 2021
(Public Law 117-2), all unobligated funds available under the following
provisions of such Act are hereby rescinded:
(1) Section 2021 (relating to the National Endowment for
the Arts).
(2) Section 2022 (relating to the National Endowment for
the Humanities).
(3) Section 4001 (relating to the Emergency Federal
Employee Leave Fund).
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