H.R. 6201 — what changed

removed In addition to amounts otherwise made available, $100,000,000, to remain available through September 30, 2021, shall be available for the Secretary of Agriculture to provide grants to the Commonwealth of the Northern Mariana Islands, Puerto Rico, and American Samoa for nutrition assistance in response to a COVID–19 public health emergency: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

removed Not later than 30 days after the date of enactment of this Act, the head of each executive agency that receives funding in this Act shall provide a report detailing the anticipated uses of all such funding to the Committees on Appropriations of the House of Representatives and the Senate: Provided, That each report shall include estimated personnel and administrative costs, as well as the total amount of funding apportioned, allotted, obligated, and expended, to date: Provided further, That each such plan shall be updated and submitted to such Committees every 60 days until all funds are expended or expire.

removed Each amount appropriated or made available by this Act is in addition to amounts otherwise appropriated for the fiscal year involved.

removed No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

removed Unless otherwise provided for by this Act, the additional amounts appropriated by this Act to appropriations accounts shall be available under the authorities and conditions applicable to such appropriations accounts for fiscal year 2020.

removed Each amount designated in this Act by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be available (or rescinded or transferred, if applicable) only if the President subsequently so designates all such amounts and transmits such designations to the Congress.

removed Any amount appropriated by this Act, designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 and subsequently so designated by the President, and transferred pursuant to transfer authorities provided by this Act shall retain such designation.

removed This title may be cited as the “Maintaining Essential Access to Lunch for Students Act” or the “MEALS Act”.

removed This title may be cited as the “COVID–19 Child Nutrition Response Act”.

removed This Act may be cited as the “COVID-19 Health Care Worker Protection Act of 2020”.

removed Congress finds the following:

removed “(Z) in the case of hospitals that are not otherwise subject to the Occupational Safety and Health Act of 1970 (or a State occupational safety and health plan that is approved under section 18(b) of such Act) and skilled nursing facilities that are not otherwise subject to such Act (or such a State occupational safety and health plan), to comply with the standards promulgated under section 101 of the Covid–19 Health Care Worker Protection Act of 2020.”

removed This division may be cited as the “Emergency Paid Leave Act of 2020”.

removed The Social Security Act is amended by inserting after title V the following:

removed “VI Emergency Paid Leave Benefits

removed “601. Definitions

removed “In this title, the following definitions apply:

removed “(1) Emergency leave day

removed “(A) In general—The term emergency leave day means, with respect to an individual, a calendar day in which the individual is not able to engage in employment due to any of the following reasons:

removed “(i) The individual has a current diagnosis of COVID–19.

removed “(ii) The individual is under quarantine (including self-imposed quarantine), at the instruction of a health care provider, employer, or a local, State, or Federal official, in order to prevent the spread of COVID–19.

removed “(iii) The individual is engaged in caregiving for an individual who has a current diagnosis of COVID–19 or is under quarantine as described in clause (ii).

removed “(iv) The individual is engaged in caregiving, because of the COVID–19-related closing of a school or other care facility or care program, for a child or other individual unable to provide self-care.

removed “(B) Limitation—No calendar day may be treated as an emergency leave day with respect to an individual if the individual—

removed “(i) received any form of compensation from an employer (other than State or private paid leave), including wages or any form of accrued paid leave, for such day; or

removed “(ii) was eligible for unemployment compensation for the week in which such day occurs.

removed “(2) Commissioner—The term Commissioner means the Commissioner of Social Security.

removed “(3) Eligible individual—The term eligible individual means an individual who had wages or self-employment income during the 30-day period ending on the first emergency leave day with respect to such individual.

removed “(4) Self-employment income—The term self-employment income has the meaning given the term in section 1402(b) of the Internal Revenue Code of 1986 for purposes of the taxes imposed by section 1401(b) of such Code.

removed “(5) State—The term State means any State of the United States or the District of Columbia or any territory or possession of the United States.

removed “(6) State or private paid leave—The term State or private paid leave means a benefit which provides full or partial wage replacement to employees on the basis of specifically defined qualifying events described in section 102 of the Family and Medical Leave Act of 1993 or defined by a written employer policy or State law and which ends either when the qualifying event is no longer applicable or a set period of benefits is exhausted.

removed “(7) Unemployment compensation—The term unemployment compensation means—

removed “(A) “regular compensation”, “extended compensation”, and “additional compensation” (as such terms are defined by section 205 of the Federal-State Extended Unemployment Compensation Act (26 U.S.C. 3304 note)); and

removed “(B) assistance under section 410 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5177).

removed “(8) Wages—The term wages has the meaning given such term in section 3121(a) of the Internal Revenue Code of 1986 for purposes of the taxes imposed by sections 3101(b) and 3111(b) of such Code.

removed “602. Emergency paid leave benefits

removed “(a) In general—The Commissioner shall pay an emergency paid leave benefit, to be paid electronically or, if necessary, by mail, to each eligible individual for each 30-day period beginning and ending in the benefit period (not to exceed 3) for which the eligible individual has filed an application containing such certifications as required under subsection (e).

removed “(b) Benefit amount

removed “(1) In general—Subject to paragraph (2), the amount of the emergency paid leave benefit to which an individual is entitled under subsection (a) for a 30-day period shall be an amount (not to exceed $4,000) equal to 2/3 of the individual’s average monthly earnings.

removed “(2) Reduction based on receipt of State or private paid leave—The amount of an emergency paid leave benefit to which an individual is entitled under subsection (a) for a 30-day period shall be reduced by $1 for each dollar of State or private paid leave received by the individual for such period.

removed “(3) Average monthly earnings—For purposes of this subsection, an individual’s average monthly earnings shall be equal to the quotient obtained by dividing—

removed “(A) the total of the wages and self-employment income received by the individual during the most recent calendar year preceding an application for an emergency paid leave benefit under this section for which data is available to the Commissioner; by

removed “(B) 12.

removed “(c) Benefit period—For purposes of this section, the benefit period begins on January 19, 2020, and ends on the date that is 1 year after the date of enactment of this title.

removed “(d) Retroactive benefits—An application for benefits for any month beginning and ending in the benefit period may be filed at any time prior to the date that is 180 days after the end of such benefit period.

removed “(e) Application

removed “(1) In general—An application for an emergency paid leave benefit under this section for a 30-day period shall include—

removed “(A) an attestation by the individual—

removed “(i) that he or she is an eligible individual;

removed “(ii) that at least 14 emergency leave days with respect to the individual occurred, or are expected to occur, during such period; and

removed “(iii) that the individual has informed his or her employer of the individual’s need to take emergency leave, if the individual has an employer.

removed “(2) Availability—The Commissioner shall accept applications online, by telephone, and by mail.

removed “(3) Authentication of identity—The Commissioner is authorized to take such steps as are necessary to authenticate the identity of applicants.

removed “(4) Penalties for fraud—Any fraud or misrepresentation relating to an application for benefits under this title shall be treated as a violation of section 208.

removed “(f) Ineligibility based on fraud and criminal activity

removed “(1) Ineligibility following certain convictions—An individual who has been convicted of a violation under section 208 or who has been found to have used false statements to secure benefits under this section shall be ineligible for benefits under this section.

removed “(2) Ineligibility of prisoners—An individual shall be ineligible for a benefit under this section for any 30-day period with respect to which the individual is an individual described in clause (i), (ii), or (iii) of section 202(x)(1)(A).

removed “(g) Review of eligibility and benefit payment determinations

removed “(1) Burden of proof—An application for benefits under this section shall be presumed to be true and accurate, unless the Commissioner demonstrates by a preponderance of the evidence that information contained in the application is false.

removed “(2) Review

removed “(A) In general—An individual may request review of an adverse determination with respect to such application or of a benefit payment determination and shall have the same appeals rights as provided under title II.

removed “(B) Final determinations—All final determinations of the Commissioner under this subsection shall be reviewable according to the procedures set out in section 205.

removed “(3) Program integrity—The Commissioner shall have the authority to conduct random sample audits of benefits provided under this title to ensure compliance with the eligibility requirements for such benefits.

removed “(h) Protection of existing benefit rights

removed “(1) In general—This title does not preempt or supercede any provision of State or local law that authorizes a State or local municipality to provide paid leave benefits similar to the benefits provided under this title.

removed “(2) Greater benefits allowed—Nothing in this title shall be construed to diminish the obligation of an employer to comply with any contract, collective bargaining agreement, or any employment benefit program or plan that provides greater paid leave or other leave rights to employees than the rights established under this title.

removed “(i) Reimbursement grants to States—Not later than July 1, 2021, the Secretary of the Treasury, in consultation with the Commissioner of Social Security, shall make a grant to each State in an amount equal to the total amount, for all 30-day periods beginning and ending in the benefit period, by which benefits under this title were reduced under subsection (b)(2) as a result of State and private paid leave paid by such State or under the law of such State.

removed “(j) Applicability of certain title II provisions—The provisions of sections 204, 205, 206, and 208 shall apply to benefit payments made under this section in the same way that such provisions apply to benefit payments made under title II.

removed “(k) No effect on eligibility for SSI—Any benefit paid to an individual under this title shall not be regarded as income or resources for any month, for purposes of determining the eligibility of the recipient (or the recipient's spouse or family) for benefits or assistance, or the amount or extent of benefits or assistance, under the Supplemental Security Income program.

removed “603. Funding and expedited implementation authority

removed “(a) Funding—There are appropriated such sums as necessary to the Commissioner of Social Security to administer and pay benefits under the program established under this title, and to the Secretary of the Treasury for reimbursement grants under section 602(i).

removed “(b) Expedited implementation authority—In order to expedite the implementation of the emergency paid leave program under this title, the Commissioner is authorized to waive existing Federal requirements regarding paperwork reduction, system of records notices, contracting and acquisitions, and hiring.

removed “(c) Protection of existing employee rights—This title does not preempt or supersede existing collective bargaining agreements.

removed “604. Protection of Social Security trust funds

removed “No funds from the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund, or appropriated to the Social Security Administration for the administration of titles II or XVI, may be used for any purpose under this title.

removed “605. Taxation of emergency leave benefits

removed “No amount received by an individual under this title shall be included in gross income for purposes of the Internal Revenue Code of 1986.”

removed “(F) During the 2-year period beginning on the date of the enactment of the Emergency Paid Leave Act of 2020, because of a qualifying need related to a public health emergency in accordance with section 110.”

removed “110. Public health emergency leave

removed “(a) Definitions—The following shall apply with respect to leave under section 102(a)(1)(F):

removed “(1) Application of certain terms—The definitions in section 101 shall apply, except as follows:

removed “(A) Eligible employee—In lieu of the definition in section 101(4)(A), the term eligible employee means an individual who has been employed for at least 30 days by the employer with respect to whom leave is requested under section 102(a)(1)(F).

removed “(B) Employer threshold—Section 101(4)(A)(i) shall be applied by substituting “1 or more employees” for “50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year”.

removed “(C) Health care provider—In section 101(6), the term health care provider includes a nurse practitioner.

removed “(D) Parent—In lieu of the definition in section 101(7), the term parent, with respect to an employee, means any of the following:

removed “(i) A biological, foster, or adoptive parent of the employee.

removed “(ii) A stepparent of the employee.

removed “(iii) A parent-in-law of the employee.

removed “(iv) A parent of a domestic partner of the employee.

removed “(v) A legal guardian or other person who stood in loco parentis to an employee when the employee was a child.

removed “(2) Additional definitions—In addition to the definitions described in paragraph (1), the following definitions shall apply with respect to leave under section 102(a)(1)(F):

removed “(A) Qualifying need related to a public health emergency—The term qualifying need related to a public health emergency, with respect to leave, means that a public health emergency has been declared in a location that includes the employee’s work (including the commuting route of the employee), residence, or community, and the employee has a need for leave for one of the following:

removed “(i) To comply with a recommendation or order by a health authority having jurisdiction or a health care provider on the basis that—

removed “(I) the physical presence of the employee on the job would jeopardize the health of others because of—

removed “(aa) the exposure of the employee to coronavirus; or

removed “(bb) exhibition of symptoms of coronavirus by the employee; and

removed “(II) the employee is unable to both perform the functions of the position of such employee and comply with such recommendation or order.

removed “(ii) To care for a family member of an eligible employee with respect to whom a health authority having jurisdiction or a health care provider makes a determination that the presence of the family member in the community would jeopardize the health of other individuals in the community because of—

removed “(I) the exposure of such family member to coronavirus; or

removed “(II) exhibition of symptoms of coronavirus by such family member.

removed “(iii) To care for the son or daughter of such employee if the school or place of care has been closed, or the child care provider of such son or daughter is unavailable, due to a public health emergency.

removed “(B) Public health emergency—The term public health emergency means an emergency with respect to coronavirus declared by a Federal, State, or local authority.

removed “(C) Child care provider—The term child care provider means a provider who receives compensation for providing child care services on a regular basis, including an “eligible child care provider” (as defined in section 658P of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n)).

removed “(D) Coronavirus—The term coronavirus has the meaning given the term in section 506 of the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020.

removed “(E) School—The term school means an “elementary school” or “secondary school” as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

removed “(F) Family—The term family member, with respect to an employee, means any of the following:

removed “(i) A parent of the employee.

removed “(ii) A spouse of the employee.

removed “(iii) A sibling of the employee.

removed “(iv) Next of kin of the employee or a person for whom the employee is next of kin.

removed “(v) A son or daughter of the employee.

removed “(vi) A grandparent or grandchild of the employee.

removed “(b) Leave taken intermittently or on a reduced work schedule

removed “(1) In general—Subject to paragraph (2), leave taken under section 102(a)(1)(F) may not be taken intermittently or on a reduced work schedule.

removed “(2) Care for son or daughter—Paragraph (1) shall not apply with respect to leave taken for the purpose described in subsection (a)(2)(A)(iii) if the son or daughter of the employee with respect to whom the subsection applies has not been exposed to coronavirus.

removed “(c) Relationship to paid leave

removed “(1) In general—An employee may elect to substitute any of the accrued vacation leave, personal leave, or medical or sick leave for leave under section 102(a)(1)(F) in accordance with section 102(d)(2)(B).

removed “(2) Employer requirement—An employer may not require an employee to substitute any leave as described in paragraph (1) for leave under section 102(a)(1)(F).

removed “(d) Notice—In any case where the necessity for leave under section 102(a)(1)(F) for the purpose described in subsection (a)(2)(A)(iii) is foreseeable, an employee shall provide the employer with such notice of leave as is practicable.

removed “(e) Certification

removed “(1) In general—An employer may require that a request for leave under section 102(a)(1)(F) be supported by documentation described in paragraph (2). An employer may not require such documentation until not later than 3 weeks after the date on which the employee takes such leave.

removed “(2) Sufficient certification—The following documentation shall be sufficient certification:

removed “(A) With respect to leave taken for the purposes described in clause (i) or (ii) of subsection (a)(2)(A)—

removed “(i) a recommendation or order from a health authority having jursidiction or a health care provider that the relevant individual has symptoms of coronavirus or should be quarantined; or

removed “(ii) documentation or evidence that the relevant individual has been exposed to coronavirus.

removed “(B) With respect to leave taken for the purposes described in clause (iii) of subsection (a)(2)(A), notice from the school, place of care, or child care provider of the son or daughter of the employee of closure or unavailability.

removed “(f) Restoration to position

removed “(1) In general—Section 104(a)(1) shall not apply with respect to an employee of an employer who employs fewer than 25 employees if the conditions described in paragraph (2) are met.

removed “(2) Conditions—The conditions described in this paragraph are the following:

removed “(A) The employee takes leave under section 102(a)(1)(F).

removed “(B) The position held by the employee when the leave commenced does not exist due to economic conditions or other changes in operating conditions of the employer—

removed “(i) that affect employment; and

removed “(ii) are caused by a public health crisis during the period of leave.

removed “(C) The employer makes reasonable efforts to restore the employee to a position equivalent to the position the employee held when the leave commenced, with equivalent employment benefits, pay, and other terms and conditions of employment.

removed “(D) If the reasonable efforts of the employer under subparagraph (C) fail, the employer makes reasonable efforts during the period described in paragraph (3) to contact the employee if an equivalent position described in subparagraph (C) becomes available.

removed “(3) Contact period—The period described under this paragraph is the 1-year period beginning on the earlier of—

removed “(A) the date on which the qualifying need related to a public health emergency concludes; or

removed “(B) the date that is 12 weeks after the date on which the employee’s leave under section 102(a)(1)(F) commences.”

removed This division may be cited as the “Emergency Unemployment Insurance Stabilization and Access Act of 2020”.

removed “(h) Emergency transfers in fiscal year 2020 for administration

removed “(1)

removed “(A) In addition to any other amounts, the Secretary of Labor shall provide for the making of emergency administration grants in fiscal year 2020 to the accounts of the States in the Unemployment Trust Fund, by transfer from amounts reserved for that purpose in the Federal unemployment account, in accordance with succeeding provisions of this subsection.

removed “(B) The amount of an emergency administration grant with respect to a State shall, as determined by the Secretary of Labor, be equal to the amount obtained by multiplying $1,000,000,000 by the same ratio as would apply under subsection (a)(2)(B) for purposes of determining such State’s share of any excess amount (as described in subsection (a)(1)) that would have been subject to transfer to State accounts, as of October 1, 2019, under the provisions of subsection (a).

removed “(C) Of the emergency administration grant determined under subparagraph (B) with respect to a State—

removed “(i) not later than 30 days after the date of enactment of this subsection, 50 percent shall be transferred to the account of such State upon a certification by the Secretary of Labor to the Secretary of the Treasury that the State meets the requirements of paragraph (2); and

removed “(ii) only with respect to a State in which the number of unemployment compensation claims has increased by at least 10 percent over the previous calendar year, the remainder shall be transferred to the account of such State upon a certification by the Secretary of Labor to the Secretary of the Treasury that the State meets the requirements of paragraph (3).

removed “(2) The requirements of this paragraph with respect to a State are the following:

removed “(A) The State requires employers to provide notification of the availability of unemployment compensation to employees at the time of separation from employment. Such notification may be based on model language issued by the Secretary of Labor.

removed “(B) The State ensures that applications for unemployment compensation, and assistance with the application process, are accessible in at least two of the following: in-person, by phone, or online.

removed “(C) The State notifies applicants when an application is received and is being processed, and in any case in which an application is unable to be processed, provides information about steps the applicant can take to ensure the successful processing of the application.

removed “(3) The requirements of this paragraph with respect to a State are the following:

removed “(A) The State has expressed its commitment to maintain and strengthen access to the unemployment compensation system, including through initial and continued claims.

removed “(B) The State has demonstrated steps it has taken or will take to ease eligibility requirements and access to unemployment compensation for claimants, including waiving work search requirements and the waiting week, and directly or indirectly relieving benefit charges for claimants and employers directly impacted by COVID–19 due to an illness in the workplace or direction from a public health official to isolate or quarantine workers.

removed “(4) Any amount transferred to the account of a State under this subsection may be used by such State only for the administration of its unemployment compensation law, including by taking such steps as may be necessary to ensure adequate resources in periods of high demand.

removed “(5) Not later than 1 year after the date of enactment of the Emergency Unemployment Insurance Stabilization and Access Act of 2020, each State receiving emergency administration grant funding under paragraph (1)(C)(i) shall submit to the Secretary of Labor, the Committee on Ways and Means of the House of Representatives, and the Committee on Finance of the Senate, a report that includes—

removed “(A) an analysis of the recipiency rate for unemployment compensation in the State as such rate has changed over time;

removed “(B) a description of steps the State intends to take to increase such recipiency rate.

removed “(6)

removed “(A) Notwithstanding any other provision of law, the Secretary of the Treasury shall transfer from the general fund of the Treasury (from funds not otherwise appropriated) to the employment security administration account (as established by section 901 of the Social Security Act) such sums as the Secretary of Labor estimates to be necessary for purposes of making the transfers described in paragraph (1)(C).

removed “(B) There are appropriated from the general fund of the Treasury, without fiscal year limitation, the sums referred to in the preceding sentence and such sums shall not be required to be repaid.”

removed Section 1202(b)(10)(A) of the Social Security Act (42 U.S.C. 1322(b)(10)(A)) is amended by striking “beginning on the date of enactment of this paragraph and ending on December 31, 2010” and inserting “beginning on the date of enactment of the Emergency Unemployment Insurance Stabilization and Access Act of 2020 and ending on December 31, 2020”.

removed The Secretary of Labor shall assist States in establishing, implementing, and improving the employer awareness of short-time compensation programs (as defined in section 3306(v) of the Internal Revenue Code of 1986) to help avert layoffs, including by providing technical assistance and guidance.

removed This division may be cited as the “Paid Sick Days for Public Health Emergencies and Personal and Family Care Act”.

removed In this Act:

removed The Secretary may conduct a public awareness campaign to educate and inform the public of the requirements for paid sick time required by this Act.

removed Nothing in this Act shall be construed to discourage employers from adopting or retaining leave policies more generous than policies that comply with the requirements of this Act.

removed There are authorized to be appropriated to carry out this Act such sums as may be necessary for fiscal year 2020 and each subsequent fiscal year.

removed “(cc) Specified COVID–19 testing-related services—For purposes of subsection (a)(1)(DD):

removed “(1) Description

removed “(A) In general—A specified COVID–19 testing-related service described in this paragraph is a medical visit that—

removed “(i) is in any of the categories of HCPCS evaluation and management service codes described in subparagraph (B);

removed “(ii) is furnished during any portion of the emergency period (as defined in section 1135(g)(1)(B) (beginning on or after the date of the date of the enactment of this subsection); and

removed “(iii) results in an order for or administration of a diagnostic test described in section 1852(a)(1)(B)(iv)(IV).

removed “(B) Categories of HCPCS codes—For purposes of subparagraph (A), the categories of HCPCS evaluation and management services codes are the following:

removed “(i) Office and other outpatient services.

removed “(ii) Hospital observation services.

removed “(iii) Emergency department services.

removed “(iv) Nursing facility services.

removed “(v) Domiciliary, rest home, or custodial care services.

removed “(vi) Home services.

removed “(2) Specified outpatient payment provision—A specified outpatient payment provision described in this paragraph is any of the following:

removed “(A) The hospital outpatient prospective payment system under subsection (t).

removed “(B) The physician fee schedule under section 1848.

removed “(C) The prospective payment system developed under section 1834(o).

removed “(D) Section 1834(g), with respect to an outpatient critical access hospital service.

removed “(E) The payment basis determined in regulations pursuant to section 1833(a)(3) for rural health clinic services.”

removed “(IV) Clinical diagnostic laboratory test administered during any portion of the emergency period defined in paragraph (1)(B) of section 1135(g) beginning on or after the date of the enactment of the Families First Coronavirus Response Act for the detection of SARS–CoV–2 or the diagnosis of the virus that causes COVID–19 and the administration of such test.

removed “(V) Specified COVID–19 testing-related services (as described in section 1833(cc)(1)) for which payment would be payable under a specified outpatient payment provision described in section 1833(cc)(2).”

removed “(vi) Prohibition of application of certain requirements for COVID–19 testing—In the case of a product or service described in subclause (IV) or (V), respectively, of clause (iv) that is administered or furnished during any portion of the emergency period described in such subclause beginning on or after the date of the enactment of this clause, an MA plan may not impose any prior authorization or other utilization management requirements with respect to the coverage of such a product or service under such plan.”

removed “(B) in vitro diagnostic products (as defined in section 809.3(a) of title 21, Code of Federal Regulations) administered during any portion of the emergency period defined in paragraph (1)(B) of section 1135(g) beginning on or after the date of the enactment of this subparagraph for the detection of SARS–CoV–2 or the diagnosis of the virus that causes COVID–19 that are approved, cleared, or authorized under section 510(k), 513, 515 or 564 of the Federal Food, Drug, and Cosmetic Act, and the administration of such in vitro diagnostic products;”

removed “(F) any in vitro diagnostic product described in section 1905(a)(3)(B) that is administered during any portion of the emergency period described in such section beginning on or after the date of the enactment of this subparagraph (and the administration of such product), or

removed “(G) any medical visit for which payment may be made under the State plan, that is furnished during any such portion of such emergency period, and that relates to testing for COVID–19; and”

removed “(xi) Any in vitro diagnostic product described in section 1905(a)(3)(B) that is administered during any portion of the emergency period described in such section beginning on or after the date of the enactment of this clause (and the administration of such product) and any visit described in section 1916(a)(2)(G) that is furnished during any such portion.”

removed “(XXIII) during any portion of the emergency period defined in paragraph (1)(B) of section 1135(g) beginning on or after the date of the enactment of this subclause, who are uninsured individuals (as defined in subsection (ss));”

removed “(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—

removed “(1) not described in subsection (a)(10)(A)(i); and

removed “(2) not enrolled in a Federal health care program (as defined in section 1128B(f)), a group health plan, group or individual health insurance coverage offered by a health insurance issuer (as such terms are defined in section 2791 of the Public Health Service Act), or a health plan offered under chapter 89 of title 5, United States Code.”

removed “(9) Certain in vitro diagnostic products for COVID–19 testing—The child health assistance provided to a targeted low-income child shall include coverage of any in vitro diagnostic product described in section 1905(a)(3)(B) that is administered during any portion of the emergency period described in such section beginning on or after the date of the enactment of this subparagraph (and the administration of such product).”

removed Section 319F–3(i)(1) of the Public Health Service Act (42 U.S.C. 247d–6d(i)(1)) is amended—

removed “(D) a personal respiratory protective device that is—

removed “(i) approved by the National Institute for Occupational Safety and Health under part 84 of title 42, Code of Federal Regulations (or successor regulations);

removed “(ii) subject to the emergency use authorization issued by the Secretary on March 2, 2020, or subsequent emergency use authorizations, pursuant to section 564 of the Federal Food, Drug, and Cosmetic Act (authorizing emergency use of personal respiratory protective devices during the COVID–19 outbreak); and

removed “(iii) used during the period beginning on January 31, 2020, and ending on October 1, 2024, in response to the public health emergency declared on January 31, 2020, pursuant to section 319 as a result of confirmed cases of 2019 Novel Coronavirus (2019-nCoV).”

removed The Secretary of Health and Human Services shall cover, without the imposition of any cost sharing requirements, the cost of providing any COVID-19 related items and services as described in paragraph (1) of section 101(a) (or the administration of such products) or visits described in paragraph (2) of such section furnished during any portion of the emergency period defined in paragraph (1)(B) of section 1135(g) of the Social Security Act (42 U.S.C. 320b–5(g)) beginning on or after the date of the enactment of this Act to Indians (as defined in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603)) receiving health services through the Indian Health Service, regardless of whether such items or services have been authorized under the contract health services system funded by the Indian Health Service or is covered as a health service of the Indian Health Service.

removed Section 1108(g) of the Social Security Act (42 U.S.C. 1308(g)) is amended—

removed “(iii) for fiscal year 2021, $128,500,000;”

removed “(iii) for fiscal year 2021, $130,500,000;”

removed “(iii) for fiscal year 2021, $63,000,000; and”

removed “(iii) for fiscal year 2021, $86,000,000.”