[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 722 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 722

   To amend titles XIX and XXI of the Social Security Act to require 
  coverage under the Medicaid program and Children's Health Insurance 
Program for vaccines and treatment for COVID-19 without the imposition 
         of cost sharing requirements, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 2, 2021

  Mr. Pappas introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
   To amend titles XIX and XXI of the Social Security Act to require 
  coverage under the Medicaid program and Children's Health Insurance 
Program for vaccines and treatment for COVID-19 without the imposition 
         of cost sharing requirements, 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 ``Ensuring Vaccination and Treatment 
Affordability Act''.

SEC. 2. COVERAGE AT NO COST SHARING OF COVID-19 VACCINE AND TREATMENT.

    (a) Medicaid.--
            (1) In general.--Section 1905(a)(4) of the Social Security 
        Act (42 U.S.C. 1396d(a)(4)) is amended--
                    (A) by striking ``and (D)'' and inserting ``(D)''; 
                and
                    (B) by striking the semicolon at the end and 
                inserting ``; (E) a COVID-19 vaccine licensed under 
                section 351 of the Public Health Service Act and the 
                administration of such vaccine; and (F) items and 
                services furnished for the treatment of COVID-19 or a 
                condition that may complicate the treatment of COVID-
                19;''.
            (2) Prohibition of 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 (F), by striking ``or'' 
                        at the end;
                            (ii) in subparagraph (G), by striking ``; 
                        and'' and inserting ``, or''; and
                            (iii) by adding at the end the following 
                        subparagraphs:
                    ``(H) a COVID-19 vaccine licensed under section 351 
                of the Public Health Service Act and the administration 
                of such vaccine, or
                    ``(I) any item or service furnished for the 
                treatment of COVID-19 or a condition that may 
                complicate the treatment of 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--
                            (i) in clause (xi), by striking ``any 
                        visit'' and inserting ``any service''; and
                            (ii) by adding at the end the following 
                        clauses:
                            ``(xii) A COVID-19 vaccine licensed under 
                        section 351 of the Public Health Service Act 
                        and the administration of such vaccine.
                            ``(xiii) An item or service furnished for 
                        the treatment of COVID-19 or a condition that 
                        may complicate the treatment of COVID-19.''.
                    (C) Clarification.--The amendments made this 
                subsection 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.
    (b) State Pediatric Vaccine Distribution Program.--Section 1928 of 
the Social Security Act (42 U.S.C. 1396s) is amended--
            (1) in subsection (a)(1)--
                    (A) in subparagraph (A), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in subparagraph (B), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following 
                subparagraph:
                    ``(C) each vaccine-eligible child (as defined in 
                subsection (b)) is entitled to receive a COVID-19 
                vaccine from a program-registered provider (as defined 
                in subsection (h)(8)) without charge for--
                            ``(i) the cost of such vaccine; or
                            ``(ii) the administration of such 
                        vaccine.'';
            (2) in subsection (c)(2)--
                    (A) in subparagraph (C)(ii), by inserting ``, but 
                may not impose a fee for the administration of a COVID-
                19 vaccine'' before the period; and
                    (B) by adding at the end the following 
                subparagraph:
                    ``(D) The provider will provide and administer an 
                approved COVID-19 vaccine to a vaccine-eligible child 
                in accordance with the same requirements as apply under 
                the preceding subparagraphs to the provision and 
                administration of a qualified pediatric vaccine to such 
                a child.''; and
            (3) in subsection (d)(1), in the first sentence, by 
        inserting ``, including with respect to a COVID-19 vaccine 
        licensed under section 351 of the Public Health Service Act'' 
        before the period.
    (c) 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:
            ``(11) Coverage of covid-19 vaccines and treatment.--The 
        child health assistance provided to a targeted low-income child 
        shall include coverage of--
                    ``(A) any COVID-19 vaccine licensed under section 
                351 of the Public Health Service Act and the 
                administration of such vaccine; and
                    ``(B) any item or service furnished for the 
                treatment of COVID-19 or a condition that may 
                complicate the treatment of COVID-19.''.
            (2) Prohibition of cost sharing.--Section 2103(e)(2) of the 
        Social Security Act (42 U.S.C. 1397cc(e)(2)), as amended by 
        section 6004(b)(3) of the Families First Coronavirus Response 
        Act, is amended--
                    (A) in the paragraph header, by inserting ``a 
                covid-19 vaccine, covid-19 treatment,'' before ``or 
                pregnancy-related assistance''; and
                    (B) by striking ``visits described in section 
                1916(a)(2)(G), or'' and inserting ``services described 
                in section 1916(a)(2)(G), vaccines described in section 
                1916(a)(2)(H), items or services described in section 
                1916(a)(2)(I), or''.
    (d) Conforming Amendments.--Section 1937 of the Social Security Act 
(42 U.S.C. 1396u-7) is amended--
            (1) in subsection (a)(1)(B), by inserting ``, under 
        subclause (XXIII) of section 1902(a)(10)(A)(ii),'' after 
        ``section 1902(a)(10)(A)(i)''; and
            (2) in subsection (b)(5), by adding before the period the 
        following: ``, and, effective on the date of the enactment of 
        the Ensuring Vaccination and Treatment Affordability Act, must 
        comply with subparagraphs (F) through (I) of subsections (a)(2) 
        and (b)(2) of sections 1916 and 1916A''.
    (e) Effective Date.--The amendments made by this section shall take 
effect on the date of enactment of this Act and shall apply with 
respect to a COVID-19 vaccine beginning on the date that such vaccine 
is licensed under section 351 of the Public Health Service Act (42 
U.S.C. 262).
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