A BILL
To amend the Families First Coronavirus Response Act and the CARES Act to require group health plans and health insurance issuers offering group or individual health insurance coverage to provide coverage, without cost sharing, of certain COVID–19 antibody treatments.
This Act may be cited as the “Protecting Patient Access to Lifesaving COVID–19 Drugs Act of 2021”.
Sec. 2
Requiring group health plans and health insurance issuers offering group or individual health insurance coverage to provide coverage, without cost sharing, of certain COVID–19 antibody treatments
(a)
In general— Section 6001(a) of the Families First Coronavirus Response Act (
42 U.S.C. 1320b–5 note) is
amended—
(1)
in the matter preceding paragraph (1), by inserting “(or, in the case of items and services described in paragraph (3), beginning on or after the date of the enactment of the Protecting Patient Access to Lifesaving COVID–19 Drugs Act of 2021)” after “this Act”; and
(2)
by adding at the end the following new paragraph:
“(3) Items consisting of monoclonal antibody infusions (as specified by the Secretary) approved, cleared, or otherwise authorized by the Food and Drug Administration needed for the treatment of COVID–19 in individuals with positive COVID–19 test results, including services for the administration of such items.”
(b)
Reimbursement for treatments— Section 3202 of the CARES Act (
42 U.S.C. 256b note) is
amended—
(1)
in the header, by inserting “and antibody treatments” after “testing”;
(2)
in subsection (a), in the matter preceding paragraph (1), by inserting “or antibody treatment, as applicable,” after “diagnostic testing”; and
(3)
in subsection (b)—
(A)
in the header, by inserting “and antibody treatments” after “testing”; and
(B)
in paragraph (1)—
(i)
by inserting “or antibody treatment” after “diagnostic test”; and
(ii)
by inserting “or treatment (including the administration of such treatment)” after “such test”.