Text: H.R.8900 — 116th Congress (2019-2020)All Information (Except Text)

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Public Law No: 116-215 (12/11/2020)

 
[116th Congress Public Law 215]
[From the U.S. Government Publishing Office]



[[Page 134 STAT. 1041]]

Public Law 116-215
116th Congress

                                 An Act


 
 Making further continuing appropriations for fiscal year 2021, and for 
         other purposes. <<NOTE: Dec. 11, 2020 -  [H.R. 8900]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Further 
Continuing Appropriations Act, 2021, and Other Extensions Act.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Further Continuing Appropriations 
Act, 2021, and Other Extensions Act''.
SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.

         DIVISION A--FURTHER CONTINUING APPROPRIATIONS ACT, 2021

                      DIVISION B--HEALTH EXTENDERS

Title I--Medicare and Medicaid Extenders
Title II--Public Health Extenders and Food and Drug Administration 
           Provisions
Title III--Offsets
Title IV--Budgetary Effects

SEC. 3. REFERENCES.

    Except as expressly provided otherwise, any reference to ``this 
Act'' contained in any division of this Act shall be treated as 
referring only to the provisions of that division.

  DIVISION A <<NOTE: Further Continuing Appropriations Act, 2021.>> --
FURTHER CONTINUING APPROPRIATIONS ACT, 2021

    Sec. 101.  The Continuing Appropriations Act, 2021 (division A of 
Public Law 116-159) <<NOTE: Ante, p. 711.>>  is amended by striking the 
date specified in section 106(3) and inserting ``December 18, 2020''.

     This division may be cited as the ``Further Continuing 
Appropriations Act, 2021''.

[[Page 134 STAT. 1042]]

                      DIVISION B--HEALTH EXTENDERS

                TITLE I--MEDICARE AND MEDICAID EXTENDERS

SEC. 1101. EXTENSION OF THE WORK GEOGRAPHIC INDEX FLOOR UNDER THE 
                          MEDICARE PROGRAM.

    Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C. 1395w-
4(e)(1)(E)), as amended by section 3801 of the CARES Act (Public Law 
116-136) and section 2201 of the Continuing Appropriations Act, 2021 and 
Other Extensions Act (Public Law 116-159), is amended by striking 
``December 12, 2020'' and inserting ``December 19, 2020''.
SEC. 1102. EXTENSION OF FUNDING OUTREACH AND ASSISTANCE FOR LOW-
                          INCOME PROGRAMS.

    (a) State Health Insurance Programs.--Subsection (a)(1)(B)(xi) of 
section 119 of the Medicare Improvements for Patients and Providers Act 
of 2008 (42 U.S.C. 1395b-3 note), as amended by section 3306 of the 
Patient Protection and Affordable Care Act (Public Law 111-148), section 
610 of the American Taxpayer Relief Act of 2012 (Public Law 112-240), 
section 1110 of the Pathway for SGR Reform Act of 2013 (Public Law 113-
67), section 110 of the Protecting Access to Medicare Act of 2014 
(Public Law 113-93), section 208 of the Medicare Access and CHIP 
Reauthorization Act of 2015 (Public Law 114-10), section 50207 of 
division E of the Bipartisan Budget Act of 2018 (Public Law 115-123), 
section 1402 of division B of the Continuing Appropriations Act, 2020, 
and Health Extenders Act of 2019 (Public Law 116-59), section 1402 of 
division B of the Further Continuing Appropriations Act, 2020, and 
Further Health Extenders Act of 2019 (Public Law 116-69), section 103 of 
division N of the Further Consolidated Appropriations Act, 2020 (Public 
Law 116-94), section 3803 of the CARES Act (Public Law 116-136), and 
section 2203 of the Continuing Appropriations Act, 2021 and Other 
Extensions Act (Public Law 116-159), is amended by striking ``December 
11'' and inserting ``December 18''.
    (b) Area Agencies on Aging.--Subsection (b)(1)(B)(xi) of such 
section 119, as so amended, is amended by striking ``December 11'' and 
inserting ``December 18''.
    (c) Aging and Disability Resource Centers.--Subsection (c)(1)(B)(xi) 
of such section 119, as so amended, is amended by striking ``December 
11'' and inserting ``December 18''.
    (d) Contract With the National Center for Benefits and Outreach 
Enrollment.--Subsection (d)(2)(xi) of such section 119, as so amended, 
is amended by striking ``December 11'' and inserting ``December 18''.
SEC. 1103. EXTENSION OF FUNDING FOR QUALITY MEASURE ENDORSEMENT, 
                          INPUT, AND SELECTION.

    Section 1890(d)(2) of the Social Security Act (42 U.S.C. 
1395aaa(d)(2)) is amended by striking ``December 11'' each place such 
phrase appears and inserting ``December 18'' in each such place.

[[Page 134 STAT. 1043]]

SEC. 1104. EXTENSION OF COMMUNITY MENTAL HEALTH SERVICES 
                          DEMONSTRATION PROGRAM.

    Section 223(d)(3) of the Protecting Access to Medicare Act of 2014 
(42 U.S.C. 1396a note), as amended by Public Law 116-159, is amended by 
striking ``December 11'' and inserting ``December 18''.
SEC. 1105. EXTENSION OF SPOUSAL IMPOVERISHMENT PROTECTIONS.

    (a) In General.--Section 2404 of the Patient Protection and 
Affordable Care Act (42 U.S.C. 1396r-5 note), as amended by Public Law 
116-159, is amended by striking ``December 11'' and inserting ``December 
18''.
    (b) <<NOTE: 42 USC 1396a note.>>  Rule of Construction.--Nothing in 
section 2404 of Public Law 111-148 (42 U.S.C. 1396r-5 note) or section 
1902(a)(17) or 1924 of the Social Security Act (42 U.S.C. 1396a(a)(17), 
1396r-5) shall be construed as prohibiting a State from--
            (1) applying an income or resource disregard under a 
        methodology authorized under section 1902(r)(2) of such Act (42 
        U.S.C. 1396a(r)(2))--
                    (A) to the income or resources of an individual 
                described in section 1902(a)(10)(A)(ii)(VI) of such Act 
                (42 U.S.C. 1396a(a)(10)(A)(ii)(VI)) (including a 
                disregard of the income or resources of such 
                individual's spouse); or
                    (B) on the basis of an individual's need for home 
                and community-based services authorized under subsection 
                (c), (d), (i), or (k) of section 1915 of such Act (42 
                U.S.C. 1396n) or under section 1115 of such Act (42 
                U.S.C. 1315); or
            (2) disregarding an individual's spousal income and assets 
        under a plan amendment to provide medical assistance for home 
        and community-based services for individuals by reason of being 
        determined eligible under section 1902(a)(10)(C) of such Act (42 
        U.S.C. 1396a(a)(10)(C)) or by reason of section 1902(f) of such 
        Act (42 U.S.C. 1396a(f)) or otherwise on the basis of a 
        reduction of income based on costs incurred for medical or other 
        remedial care under which the State disregarded the income and 
        assets of the individual's spouse in determining the initial and 
        ongoing financial eligibility of an individual for such services 
        in place of the spousal impoverishment provisions applied under 
        section 1924 of such Act (42 U.S.C. 1396r-5).
SEC. 1106. EXTENSION OF DELAY OF DSH REDUCTIONS.

    Section 1923(f)(7) of the Social Security Act (42 U.S.C. 1396r-
4(f)(7)(A)) is amended by striking ``December 12'' each place such 
phrase appears and inserting ``December 19'' in each such place.
SEC. 1107. EXTENSION OF MONEY FOLLOWS THE PERSON.

    Section 6071(h)(1)(H) of the Deficit Reduction Act of 2005 (42 
U.S.C. 1396a note) is amended by striking ``December 11'' and inserting 
``December 18''.

[[Page 134 STAT. 1044]]

   TITLE II--PUBLIC HEALTH EXTENDERS AND FOOD AND DRUG ADMINISTRATION 
                               PROVISIONS

                   Subtitle A--Public Health Extenders

SEC. 1201. EXTENDING FUNDING FOR COMMUNITY HEALTH CENTERS, 
                          NATIONAL HEALTH SERVICE CORPS, AND 
                          TEACHING HEALTH CENTER GME.

    (a) Community Health Centers.--Section 10503(b)(1)(F) of the Patient 
Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(1)(F)) is 
amended--
            (1) by striking ``$789,041,096'' and inserting 
        ``$865,753,425''; and
            (2) by striking ``December 11, 2020'' and inserting 
        ``December 18, 2020''.

    (b) National Health Service Corps.--Section 10503(b)(2)(H) of the 
Patient Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(2)(H)) 
is amended--
            (1) by striking ``$61,150,685'' and inserting 
        ``$67,095,890''; and
            (2) by striking ``December 11, 2020'' and inserting 
        ``December 18, 2020''.

    (c) Teaching Health Centers That Operate Graduate Medical Education 
Programs.--Section 340H(g)(1) of the Public Health Service Act (42 
U.S.C. 256h(g)(1)) is amended--
            (1) by striking ``$24,953,425'' and inserting 
        ``$27,379,452''; and
            (2) by striking ``December 11, 2020'' and inserting 
        ``December 18, 2020''.

    (d) <<NOTE: Time period.>>  Application of Provisions.--Amounts 
appropriated pursuant to the amendments made by this section for the 
period beginning on December 11, 2020, and ending on December 18, 2020, 
shall be subject to the requirements contained in Public Law 116-94 for 
funds for programs authorized under sections 330 through 340 of the 
Public Health Service Act.

    (e) Conforming Amendments.--Paragraph (4) of section 3014(h) of 
title 18, United States Code, as amended by section 3831(e) of the CARES 
Act (Public Law 116-136), is amended--
            (1) by striking ``Social Services Act,,'' and inserting 
        ``Social Services Act,''; and
            (2) by striking ``and section 2101 of the Continuing 
        Appropriations Act, 2021 and Other Extensions Act'' and 
        inserting ``section 2101 of the Continuing Appropriations Act, 
        2021 and Other Extensions Act, and section 1201(d) of the 
        Further Continuing Appropriations Act, 2021, and Other 
        Extensions Act''.
SEC. 1202. DIABETES PROGRAMS.

    (a) Special Diabetes Programs for Type I Diabetes.--Section 
330B(b)(2)(D) of the Public Health Service Act (42 U.S.C. 254c-
2(b)(2)(D)) is amended--
            (1) by striking ``$29,589,042'' and inserting 
        ``$32,465,753''; and
            (2) by striking ``December 11, 2020'' and inserting 
        ``December 18, 2020''.

[[Page 134 STAT. 1045]]

    (b) Special Diabetes Programs for Indians.--Section 330C(c)(2)(D) of 
the Public Health Service Act (42 U.S.C. 254c-3(c)(2)(D)) is amended--
            (1) by striking ``$29,589,042'' and inserting 
        ``$32,465,753''; and
            (2) by striking ``December 11, 2020'' and inserting 
        ``December 18, 2020''.
SEC. 1203. PERSONAL RESPONSIBILITY EDUCATION; SEXUAL RISK 
                          AVOIDANCE EDUCATION.

    (a) Sexual Risk Avoidance Education.--Section 510 of the Social 
Security Act (42 U.S.C. 710) is amended by striking ``December 11, 
2020'' each place it appears and inserting ``December 18, 2020''.
    (b) Personal Responsibility Education.--Section 513 of the Social 
Security Act (42 U.S.C. 713) is amended by striking ``December 11, 
2020'' each place it appears and inserting ``December 18, 2020''.

           Subtitle B--Food and Drug Administration Provisions

SEC. 1211. RARE PEDIATRIC DISEASE PRIORITY REVIEW VOUCHER 
                          EXTENSION.

    Section 529(b)(5) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 360ff(b)(5)) is amended--
            (1) by striking ``December 11, 2020'' each place it appears 
        and inserting ``December 18, 2020''; and
            (2) in subparagraph (B), by striking ``December 11, 2022'' 
        and inserting ``December 18, 2022''.

                           TITLE III--OFFSETS

SEC. 1301. TRANSPARENCY OF MEDICARE SECONDARY PAYER REPORTING 
                          INFORMATION.

    Section 1862(b)(8)(G) of the Social Security Act (42 U.S.C. 
395y(b)(8)(G)) is amended--
            (1) by striking ``information.--The Secretary'' and 
        inserting ``information.--
                          ``(i) In general.--The Secretary''; and
            (2) by adding at the end the following new clause:
                          ``(ii) <<NOTE: Time period.>>  Specified 
                      information.--In responding to any query made on 
                      or after the date that is 1 year after the date of 
                      the enactment of this clause from an applicable 
                      plan related to a determination described in 
                      subparagraph (A)(i), the Secretary, 
                      notwithstanding any other provision of law, shall 
                      provide to such applicable plan--
                                    ``(I) <<NOTE: Time period.>>  
                                whether a claimant subject to the query 
                                is, or during the preceding 3-year 
                                period has been, entitled to benefits 
                                under the program under this title on 
                                any basis; and
                                    ``(II) to the extent applicable, the 
                                plan name and address of any Medicare 
                                Advantage plan under part C and any 
                                prescription drug plan under

[[Page 134 STAT. 1046]]

                                part D in which the claimant is enrolled 
                                or has been enrolled during such 
                                period.''.
SEC. 1302. <<NOTE: 21 USC 829 note.>>  DISPENSATION OF NARCOTIC 
                          DRUGS FOR THE PURPOSE OF RELIEVING ACUTE 
                          WITHDRAWAL SYMPTOMS FROM OPIOID USE 
                          DISORDER.

    Not <<NOTE: Deadline. Regulations.>>  later than 180 days after the 
date of enactment of this Act, the Attorney General shall revise section 
1306.07(b) of title 21, Code of Federal Regulations, so that 
practitioners, in accordance with applicable State, Federal, or local 
laws relating to controlled substances, are allowed to dispense not more 
than a three-day supply of narcotic drugs to one person or for one 
person's use at one time for the purpose of initiating maintenance 
treatment or detoxification treatment (or both).
SEC. 1303. MEDICAID IMPROVEMENT FUND.

    Section 1941(b)(3)(A) of the Social Security Act (42 U.S.C 1396w-
1(b)(3)(A)) is amended by striking ``$3,446,000,000'' and inserting 
``$3,464,000,000''.

                       TITLE IV--BUDGETARY EFFECTS

SEC. 1401. BUDGETARY EFFECTS.

    (a) Statutory PAYGO Scorecards.--The budgetary effects of this 
division shall not be entered on either PAYGO scorecard maintained 
pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
    (b) Senate PAYGO Scorecards.--The budgetary effects of this division 
shall not be entered on any PAYGO scorecard maintained for purposes of 
section 4106 of H. Con. Res. 71 (115th Congress).
    (c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of 
the Budget Scorekeeping Guidelines set forth in the joint explanatory 
statement of the committee of conference accompanying Conference Report 
105-217 and section 250(c)(8) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, the budgetary effects of this division 
shall not be estimated--
            (1) for purposes of section 251 of such Act; and

[[Page 134 STAT. 1047]]

            (2) for purposes of paragraph (4)(C) of section 3 of the 
        Statutory Pay-As-You-Go Act of 2010 as being included in an 
        appropriation Act.

    Approved December 11, 2020.

LEGISLATIVE HISTORY--H.R. 8900:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 166 (2020):
            Dec. 9, considered and passed House.
            Dec. 11, considered and passed Senate.

                                  <all>

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