[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 918 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 918
To offer financial support to health care providers, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 23, 2021
Mr. Barrasso (for himself and Mr. Cotton) introduced the following
bill; which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To offer financial support to health care providers, 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 ``Protecting Seniors Access to Health
Care Act''.
SEC. 2. PROVIDER RELIEF 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 (referred to in this section as the
``Secretary'') 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 Secretary shall, on a rolling basis, review
applications and make payments under this section.
(4) 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.
(5) Payments under this section shall be made in
consideration of the most efficient payment systems practicable
to provide emergency payment.
(6) 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.
(7) 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.
(8) 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.
(9) 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
Committee on Appropriations of the Senate and the Committee on
Appropriations of the House of Representatives.
(10) Nothing in this section limits the authority of the
Inspector General or the Comptroller General of the United
States to conduct audits of interim payments at an earlier
date.
(11) Not later than 60 days after the date of enactment of
this Act, the Secretary shall provide a report to the Committee
on Appropriations of the Senate and the Committee on
Appropriations of the House of Representatives 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) Application of Requirements, Rules, and Procedures.--The
Secretary shall apply any requirements, rules, or procedures as the
Secretary determines appropriate for the efficient execution of this
section.
(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 (42 U.S.C. 254b through 256).
(e) Definitions.--For purposes of this section:
(1) 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.
(2) The term ``payment'' means a pre-payment, prospective
payment, or retrospective payment, as the Secretary determines
appropriate.
SEC. 3. RURAL HEALTH CLINIC PAYMENTS.
(a) In General.--Section 1833(f)(3) of the Social Security Act (42
U.S.C. 1395l(f)(3)) is amended--
(1) in subparagraph (A)--
(A) 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
(B) in clause (ii)(I), by striking ``under clause
(i)(I)'' and inserting ``under subclause (I) or (II) of
clause (i), as applicable,''; and
(2) by striking subparagraph (B) and inserting the
following:
``(B) A rural health clinic described in this subparagraph is a
rural health clinic that--
``(i) as of December 31, 2020, is in a hospital with less
than 50 beds and after such date such hospital continues to
have less than 50 beds (not taking into account any increase in
the number of beds pursuant to a waiver under subsection
(b)(1)(A) of section 1135 during the emergency period described
in subsection (g)(1)(B) of such section); and
``(ii)(I) as of December 31, 2020, was enrolled under
section 1866(j) (including temporary enrollment during such
emergency period for such emergency period); or
``(II) submitted an application to enroll under section
1866(j) (or a request for such a temporary enrollment for such
emergency period) that was received not later than December 31,
2020.''.
(b) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of the Consolidated
Appropriations Act, 2021 (Public Law 116-260).
SEC. 4. RESCISSION OF APPROPRIATIONS FOR THE CORONAVIRUS STATE FISCAL
RECOVERY FUND.
(a) Rescission.--Of the unobligated balances of amounts
appropriated under section 602(a)(1) of the Social Security Act (as
added by section 9901 of the American Rescue Plan Act of 2021 (Public
Law 117-2)) on the date of enactment of this Act, $12,300,000,000 is
rescinded.
(b) Conforming Amendments.--Section 602 of the Social Security Act
(as added by section 9901 of the American Rescue Plan Act of 2021
(Public Law 117-2)) is amended--
(1) in subsection (a)(1), by striking ``$219,800,000,000''
and inserting ``$207,500,000,000''; and
(2) in subsection (b)(3)(A), by striking
``$195,300,000,000'' and inserting ``$183,000,000,000''.
SEC. 5. 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. 6. 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. 7. INDIVIDUALS NOT LAWFULLY PRESENT IN UNITED STATES PRECLUDED
FROM RECEIVING 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) is lawfully present in the United States as
of the date of the enactment of this Act.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if included in the enactment of section 9501 of the
American Rescue Plan Act of 2021.
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