[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 274 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 274
To amend title XIX of the Social Security Act to allow States to
provide coverage under the Medicaid program for vaccines and treatment
for COVID-19 for uninsured individuals without the imposition of cost
sharing requirements, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 8, 2021
Mr. Bennet (for himself, Ms. Hirono, Mrs. Shaheen, Mr. Blumenthal, and
Ms. Smith) introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend title XIX of the Social Security Act to allow States to
provide coverage under the Medicaid program for vaccines and treatment
for COVID-19 for uninsured individuals 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 ``Stronger Medicaid Response to the
COVID-19 Pandemic Act''.
SEC. 2. OPTIONAL COVERAGE AT NO COST SHARING OF COVID-19 TREATMENT AND
VACCINES UNDER MEDICAID FOR UNINSURED INDIVIDUALS.
(a) In General.--Section 1902(a)(10) of the Social Security Act (42
U.S.C. 1396a(a)(10) is amended, in the matter following subparagraph
(G), by striking ``and any visit described in section 1916(a)(2)(G)''
and inserting the following: ``, any COVID-19 vaccine that is
administered during any such portion (and the administration of such
vaccine), any item or service, including drugs approved or authorized
under section 505 or 564 of the Federal Food, Drug, and Cosmetic Act,
that is furnished during any such portion for the treatment or
prevention of COVID-19 (which shall include, in the case of an
individual who is diagnosed with or presumed to have COVID-19, during
the period such individual is infected (or presumed infected) with
COVID-19, the treatment or prevention of a condition that may
complicate the treatment of COVID-19) or the treatment or prevention of
a COVID-19-related condition that follows a COVID-19 infection, and any
services described in section 1916(a)(2)(G)''.
(b) Definition of Uninsured Individual.--
(1) In general.--Subsection (ss) of section 1902 of the
Social Security Act (42 U.S.C. 1396a) is amended to read as
follows:
``(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 not covered by minimum
essential coverage (as defined in section 5000A(f)(1) of the Internal
Revenue Code of 1986).''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect and apply as if included in the enactment of
the Families First Coronavirus Response Act (Public Law 116-
127).
(c) Clarification Regarding Emergency Services for Certain
Individuals.--For purposes of applying section 1903(v)(2)(A) of the
Social Security Act (42 U.S.C. 1396b(v)(2)(A)), the care and services
described in such section shall include the following:
(1) In vitro diagnostic products (as defined in section
809.3(a) of title 21, Code of Federal Regulations), and the
administration of such products.
(2) A COVID-19 vaccine (and the administration of such
vaccine).
(3) Any item or service that is furnished for the treatment
or prevention of COVID-19 or a condition that may complicate
the treatment of COVID-19, the treatment or prevention of a
COVID-19-related condition that follows a COVID-19 infection,
and any service described in section 1916(a)(2)(G) of such Act
(42 U.S.C. 1396o(a)(2)(G)).
(d) Emergency Medicaid for Individuals With Suspected COVID-19
Infections.--For purposes of applying section 1903(v)(3) of the Social
Security Act (42 U.S.C. 1396b(v)(3)), the term ``emergency medical
condition'' (as defined in such section) shall include, with respect to
an individual, any concern that the individual may have contracted
COVID-19.
(e) Treatment of Assistance and Services Provided.--Beginning on
the date of enactment of this Act--
(1) the value of assistance or services provided to any
person under a program with respect to which a coronavirus
response law establishes or expands eligibility or benefits
shall not be considered income or resources; and
(2)(A) any medical coverage or services provided to an
individual under subsection (v) of section 1903 of the Social
Security Act (42 U.S.C. 1396b) shall be considered treatment
for an emergency medical condition (as defined in subsection
(v)(3) of such section) for any purpose under any Federal,
State, or local law, including law relating to taxation,
welfare, and public assistance programs; and
(B) a participating State or political subdivision of a
State shall not decrease any assistance otherwise provided to
an individual because of the receipt of benefits under the
Social Security Act (42 U.S.C. 301 et seq.).
(f) Other Definitions.--In this section:
(1) Coronavirus public health emergency.--The term
``coronavirus public health emergency'' means--
(A) an emergency involving Federal primary
responsibility determined to exist by the President
under section 501(b) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5191(b))
with respect to COVID-19 or any other coronavirus with
pandemic potential;
(B) an emergency declared by a Federal official
with respect to coronavirus (as defined in section 506
of the Coronavirus Preparedness and Response
Supplemental Appropriations Act, 2020 (Public Law 116-
123));
(C) a national emergency declared by the President
under the National Emergencies Act (50 U.S.C. 1601 et
seq.) with respect to COVID-19 or any other coronavirus
with pandemic potential; and
(D) a public health emergency declared by the
Secretary of Health and Human Services pursuant to
section 319 of the Public Health Service Act (42 U.S.C.
247(d)) with respect to COVID-19 or any other
coronavirus with pandemic potential.
(2) Coronavirus response law.--The term ``coronavirus
response law'' means--
(A) the Coronavirus Preparedness and Response
Supplemental Appropriations Act, 2020 (Public Law 116-
123);
(B) the Families First Coronavirus Response Act
(Public Law 116-127);
(C) the Coronavirus Aid, Relief, and Economic
Security Act (Public Law 116-136);
(D) the Paycheck Protection Program and Health Care
Enhancement Act (Public Law 116-139);
(E) the Consolidated Appropriations Act, 2021
(Public Law 116-260); and
(F) any other law that appropriates or otherwise
makes available funds, establishes, amends, or expands
a program, or authorizes activities or assistance for a
purpose that is expressly related to responding to, or
mitigating the effects of, a coronavirus public health
emergency.
(g) Rule of Construction.--Nothing in this section shall be
construed to limit--
(1) the types of care and services that are necessary for
the treatment of an emergency condition for purposes of section
1903(v) of the Social Security Act (42 U.S.C. 1396b(v)); or
(2) the types of medical conditions that are ``emergency
medical conditions'' for purposes of such section.
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