1. Short title
This Act may be cited as the “Public Health Emergency Pass-Through Payment Fairness Act of 2020”.
Public Health Emergency Pass-Through Payment Fairness Act of 2020
A BILL
To amend title XVIII of the Social Security Act to ensure access to certain drugs and devices under the Medicare program.
2. Ensuring access to certain drugs and devices
In general— Section 1833(t)(6) of the Social Security Act (42 U.S.C. 1395l(t)(6)) is amended by adding at the end the following new subparagraph:
“(K) Authority to extend pass-through time period—The Secretary may extend the limited period of pass-through payment and associated categories described under subparagraphs (B) and (C) during an emergency period described in section 1135(g)(1)(B), and the period during which such an emergency extension is in effect shall not be counted for purposes of calculating the period during which pass-through status is in effect under such subparagraphs after the emergency period expires.”
Implementation— The Secretary of Health and Human Services may implement the amendment made by subsection (a) by interim final rule, program instructions, or otherwise.