[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5782 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 5782
To ensure access to cost-free rabies postexposure prophylaxis.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 28, 2023
Mr. Bera introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committee on
Ways and Means, 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 ensure access to cost-free rabies postexposure prophylaxis.
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 ``Affordable Rabies Treatment for All
Act of 2023''.
SEC. 2. REQUIRING THE SECRETARY OF HEALTH AND HUMAN SERVICES TO
ESTABLISH A PROGRAM TO REIMBURSE HEALTH CARE PROVIDERS
FOR FURNISHING RABIES POSTEXPOSURE PROPHYLAXIS AND
RELATED SERVICES TO UNINSURED INDIVIDUALS.
(a) In General.--The Secretary of Health and Human Services shall
establish a program under which--
(1) program-registered providers submit claims to the
Secretary with respect to the furnishing of medically necessary
rabies postexposure prohylaxis and related items and services
(as defined in subsection (b)) to uninsured individuals; and
(2) the Secretary, subject to the availability of
appropriations, pays each such provider for such prohylaxis and
related items and services in an amount determined appropriate
by the Secretary.
(b) Definitions.--In this section:
(1) Program-registered provider.--The term ``program-
registered provider'' means a health care provider that--
(A) is licensed or otherwise authorized to furnish
rabies postexposure prohylaxis and related items and
services in the State in which such provider furnishes
such prophylaxis and related items and services under
the program established under this section; and
(B) enters into an agreement with the Secretary
under which the provider agrees--
(i) not to hold an uninsured individual
liable for the cost of rabies postexposure
prophylaxis or related items and services with
respect to which a payment is made under
subsection (a)(2); and
(ii) to limit any charge to such individual
for the administration of such prophylaxis or
related items and services with respect to
which such a payment is so made to an amount
specified by the Secretary.
(2) Rabies postexposure prohylaxis; related items and
services.--The terms ``rabies postexposure prophylaxis'' and
``related items and services'' have the meaning given such
terms in section 2713 of the Public Health Service Act (42
U.S.C. 300gg-13).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(4) Uninsured individual.--The term ``uninsured
individual'' means, with respect to an individual furnished
rabies postexposure prohylaxis, an individual who is not
enrolled in--
(A) a Federal health care program (as defined in
section 1128B(f) of the Social Security Act (42 U.S.C.
1320a-7b(f)));
(B) a group health plan or health insurance
coverage offered by a health insurance issuer in the
group or individual market (as such terms are defined
in section 2791 of the Public Health Service Act (42
U.S.C. 300gg-91)); or
(C) a health plan offered under chapter 89 of title
5, United States Code.
SEC. 3. ENSURING NO-COST COVERAGE OF RABIES POSTEXPOSURE PROPHYLAXIS
AND RELATED ITEMS AND SERVICES FOR INSURED INDIVIDUALS.
(a) Private Insurance.--
(1) In general.--Section 2713 of the Public Health Service
Act (42 U.S.C. 300gg-13) is amended--
(A) in subsection (a)--
(i) in paragraph (2), by striking ``and''
at the end;
(ii) in paragraph (3), by striking the
period and inserting a semicolon;
(iii) in paragraph (4), by striking the
period and inserting a semicolon;
(iv) by redesignating paragraph (5) as
paragraph (6); and
(v) by inserting after paragraph (4) the
following new paragraph:
``(5) rabies postexposure prohylaxis and related items and
services; and''; and
(B) by adding at the end the following new
subsection:
``(d) Definitions.--In this section:
``(1) Rabies postexposure prophylaxis.--The term `rabies
postexposure prophylaxis' means human rabies immune globulin
and rabies vaccine doses, or any other treatment specified by
the Secretary, furnished in accordance with guidelines
specified by the Secretary to an individual who has been
potentially exposed to the rabies virus to prevent the
occurrence of rabies.
``(2) Related items and services.--The term `related items
and services' means items and services furnished to an
individual during health care provider office visits (which
term in this paragraph includes in-person visits and telehealth
visits), urgent care center visits, and emergency room visits
that result in an order for or administration of rabies
postexposure prophylaxis described in paragraph (2), but only
to the extent such items and services relate to the furnishing
or administration of such prophylaxis or to the evaluation of
such individual for purposes of determining the need of such
individual for such prophylaxis.''.
(2) Effective date.--The amendments made by this subsection
shall apply with respect to plan years beginning on or after
the date that is 1 year after the date of the enactment of this
Act.
(b) Medicare.--
(1) In general.--Section 1833 of the Social Security Act
(42 U.S.C. 1395l) is amended--
(A) in subsection (a)(1)--
(i) in subparagraph (GG), by striking
``and'' at the end; and
(ii) by inserting before the semicolon at
the end the following ``, and (II) with respect
to rabies postexposure prohylaxis and related
items and services (as such terms are defined
in section 2713 of the Public Health Service
Act), the amounts paid shall be equal to 100
percent of the lesser of the actual charge for
such prohylaxis, items, and services, or the
amount otherwise payable for such prohylaxis,
items, and services under this part''; and
(B) in subsection (b)--
(i) in paragraph (12), by string ``, and''
at the end; and
(ii) in paragraph (13), by striking ``..''
at the end and inserting ``, and (14) such
deductible shall not apply with respect to
rabies postexposure prophylaxis and related
items and services.''.
(2) Effective date.--The amendments made by this subsection
shall apply with respect to items and services furnished on or
after the first day of the first calendar year beginning on or
after the date that is 1 year after the date of the enactment
of this Act.
SEC. 4. GRANTS TO LOCAL HEALTH DEPARTMENTS TO STOCKPILE RABIES
POSTEXPOSURE PROPHYLAXIS.
Part P of title III of the Public Health Service Act (42 U.S.C.
380g et seq.) is amended by adding at the end the following:
``SEC. 399V-8. GRANTS TO LOCAL HEALTH DEPARTMENTS TO STOCKPILE RABIES
POSTEXPOSURE PROPHYLAXIS.
``(a) In General.--The Secretary may award grants to local health
departments to--
``(1) establish and maintain a stockpile of--
``(A) rabies postexposure prophylaxis; and
``(B) items that are related items and services;
and
``(2) furnish rabies postexposure prohylaxis and related
items and services.
``(d) Definitions.--In this section, the terms `rabies postexposure
prophylaxis' and `related items and services' have the meanings given
such terms in section 2713.''.
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