Section 1 Short title
This Act may be cited as the “Ensuring Access to COVID-19 Preventive Care Act of 2020”.
Ensuring Access to COVID-19 Preventive Care Act of 2020
A BILL
To ensure affordable coverage of certain vaccines and testing services under group health plans and group and individual health insurance coverage during the COVID-19 public health emergency.
Sec. 2 Ensuring affordable coverage of certain vaccines and testing services under group health plans and group and individual health insurance coverage during the COVID-19 public health emergency
Expedited meeting of ACIP for COVID-19 vaccines—
In general— Notwithstanding section 3091 of the 21st Century Cures Act (21 U.S.C. 360bbb–4 note), the Advisory Committee on Immunization Practices shall meet and issue a recommendation with respect to a vaccine that is intended to prevent or treat COVID-19 not later than 15 business days after the date on which such vaccine is licensed under section 351 of the Public Health Service Act (42 U.S.C. 262).
Definition— In this subsection, the term “Advisory Committee on Immunization Practices” means the Advisory Committee on Immunization Practices established by the Secretary of Health and Human Services pursuant to section 222 of the Public Health Service Act (42 U.S.C. 217a), acting through the Director of the Centers for Disease Control and Prevention.
Authority To waive cost sharing for testing services for COVID-19— Section 2713 of the Public Health Service Act (42 U.S.C. 300gg–13) is amended—
in the header, by inserting before the period at the end the following: “; coverage of certain testing services for COVID-19”; and
by adding at the end the following new subsection:
“(d) Coverage of certain testing services for COVID-19
“(1) In general—A group health plan, and a health insurance issuer offering group or individual health insurance coverage, shall, during a period described in paragraph (2), at a minimum provide coverage for and not impose any cost sharing requirements for an item or service specified by the Secretary under paragraph (3) with respect to such period.
“(2) Period described—For purposes of this subsection and with respect to an item or service specified under paragraph (3) and a group health plan or group or individual health insurance coverage, a period described in this paragraph is a period specified by the Secretary that—
“(A) begins during the public health emergency declared by the Secretary pursuant to section 319 on January 31, 2020, entitled “Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus” (or any renewal of such declaration pursuant to such section); and
“(B) ends on the earlier of—
“(i) the termination of such declaration; and
“(ii) in the case the United States Preventive Services Task Force issues a rating (other than “I”) with respect to such item or service—
“(I) in the case such rating is an “A” or “B”, the day before the date on which the requirements of subsection (a) apply to such plan or coverage with respect to such item or service; or
“(II) in the case such rating is not described in subclause (I), the date such rating is so issued.
“(3) Specified items and services—For purposes of this subsection, the Secretary may specify an item or service under this paragraph with respect to a period described in paragraph (2) only if such item or service—
“(A) is a testing service intended to detect SARS–CoV–2 or diagnose COVID-19; and
“(B) does not, as of the date such item or service is so specified, have in effect a rating from the United States Preventive Services Task Force (or has in effect a rating of “I”).”