[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6851 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 6851
To amend the Families First Coronavirus Response Act and the CARES Act
to establish new coverage and payment rules for certain COVID-19
diagnostic tests and related items and services, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 25, 2022
Mr. Pallone (for himself and Mr. Scott of Virginia) introduced the
following bill; which was referred to the Committee on Energy and
Commerce, and in addition to the Committees on Ways and Means, 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 amend the Families First Coronavirus Response Act and the CARES Act
to establish new coverage and payment rules for certain COVID-19
diagnostic tests and related items and services, 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 ``No Surprises for COVID-19 Tests
Act''.
SEC. 2. ESTABLISHING NEW COVERAGE AND PAYMENT RULES FOR CERTAIN COVID-
19 DIAGNOSTIC TESTS AND RELATED ITEMS AND SERVICES.
(a) Extension of Coverage Requirement.--Section 6001(a) of the
Families First Coronavirus Response Act (42 U.S.C. 1320b-5 note) is
amended in the matter preceding paragraph (1) by striking ``any portion
of the emergency period defined in paragraph (1)(B) of section 1135(g)
of the Social Security Act (42 U.S.C. 1320b-5(g)) beginning on or after
the date of the enactment of this Act'' and inserting ``the period
beginning on the date of the enactment of this Act and ending on
December 31, 2023''.
(b) Payment and Billing Rules for Items and Services Furnished
After End of Public Health Emergency.--
(1) In general.--Section 3202 of the CARES Act (42 U.S.C.
42 U.S.C. 256b note) is amended--
(A) in subsection (a), in the matter preceding
paragraph (1), by inserting ``that are furnished before
May 1, 2022,'' after ``(Public Law 116-127)'';
(B) in subsection (b)(1), by striking ``emergency
period declared under section 319 of the Public Health
Service Act (42 U.S.C. 247d)'' and inserting ``period
beginning on the date of the enactment of this
subsection and ending on April 31, 2022''; and
(C) by adding at the end the following new
subsection:
``(c) Application of Surprise Billing Provisions.--
``(1) In general.--Except as provided in paragraph (2), the
provisions of sections 2799A-1 and 2799B-1 of the Public Health
Service Act (42 U.S.C. 300gg-111, 300gg-131), 716 of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1185e), and 9816 of the Internal Revenue Code of 1986 shall
apply to items and services described in section 6001(a) of
division F of the Families First Coronavirus Response Act
(Public Law 116-127) furnished on or after May 1, 2022, and
before January 1, 2024, to an enrollee of a group health plan
or group or individual health insurance coverage by a provider
that does not have a negotiated rate in effect with such plan
or coverage (as applicable) as if such items and services were
emergency services furnished by a nonparticipating provider in
an emergency department of a hospital.
``(2) Nonapplication to over-the-counter tests.--Paragraph
(1) shall not apply with respect to any over-the-counter test
specified in the guidance document published by the Department
of Labor on January 10, 2022, entitled `FAQs about Affordable
Care Act Implementation Part 51, Families First Coronavirus
Response Act and Coronavirus Aid, Relief, and Economic Security
Act Implementation' or any other over-the-counter test
specified by the Secretary pursuant to section 6001(a)(1) of
the Families First Coronavirus Response Act.
``(3) Definitions.--In this subsection, the terms
`emergency services' and `nonparticipating provider' have the
meanings given such terms in subparagraphs (C)(i) and (G),
respectively, of sections 2799A-1(a)(3) of the Public Health
Service Act (42 U.S.C. 300gg-111(a)(3)), 716(a)(3) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1185e(a)(3)), and section 9816(a)(3) of the Internal Revenue
Code of 1986.''.
(2) Implementation.--Notwithstanding any other provision of
law, the Secretaries of Health and Human Services, Labor, and
the Treasury may implement the amendments made by this
subsection by subregulatory guidance or otherwise.
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