1. Short title
This Act may be cited as the “Rapid Coverage of COVID-19 Vaccine Act of 2020”.
Rapid Coverage of COVID-19 Vaccine Act of 2020
A BILL
To provide for the rapid coverage of preventive services and vaccines for COVID-19.
2. Rapid coverage of preventive services and vaccines for COVID-19
In general— In the case of a qualifying COVID-19 preventive service, notwithstanding section 2713(b) of the Public Health Service Act (42 U.S.C. 300gg–13(b)) (including the regulations under section 2590.715–2713 of title 29, Code of Federal Regulations, section 54.9815–2713 of title 26, Code of Federal Regulations, and section 147.130 of title 45, Code of Federal Regulations), the Secretary of Health and Human Services, Secretary of Labor, and Secretary of the Treasury shall apply to group health plans and health insurance issuers offering group or individual health insurance coverage the requirement under section 2713(a) of the Public Health Service Act (42 U.S.C. 300gg–13(a)), with respect to such services, as if such section 2713(a)—
required the coverage of such service under such plans and such coverage be effective not later than the specified date (as defined in subsection (b)(2)) with respect to such service; and
applied to grandfathered health plans (as defined in section 1251(e) of the Patient Protection and Affordable Care Act (42 U.S.C. 18011(e))).
Definitions— For purposes of this section:
Qualifying COVID-19 preventive service— The term “qualifying COVID-19 preventive service” means an item, service, or immunization that is intended to prevent or mitigate COVID-19 and that is—
an evidence-based item or service that has in effect a rating of “A” or “B” in the current recommendations of the United States Preventive Services Task Force; or
an immunization that has in effect a recommendation from the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention with respect to the individual involved.
Specified date— The term “specified date” means—
with respect to a qualifying COVID-19 preventive service described in paragraph (1)(A), the date that is 15 business days after the date on which a rating, as described in such paragraph, is made with respect to such service; and
with respect to a qualifying COVID-19 preventive service described in paragraph (1)(B), the date that is 15 business days after the date on which a recommendation, as described in such paragraph, is made relating to the service.
Additional terms— The terms “group health plan”; “health insurance issuer”; “group health insurance coverage”, and “individual health insurance coverage” have the meanings given such terms in section 2791 of the Public Health Service Act (42 U.S.C. 300gg–91), section 733 of the Employee Retirement Income Security Act (29 U.S.C. 1191b), and section 9832 of the Internal Revenue Code of 1986, as applicable.
Implementation— The Secretary of Health and Human Services, Secretary of Labor, and Secretary of the Treasury may implement the provisions of this section through program instruction, subregulatory guidance, or otherwise.