Division F — Health Provisions
DIVISION F Health Provisions
SEC. 6002. Waiving Cost Sharing under the Medicare Program for Certain Visits Relating to Testing for Covid–19.
“(cc) Specified COVID–19 Testing-Related Services.—For purposes of subsection (a)(1)(DD):
“(1) Description.—
“(A) In general.—A specified COVID–19 testing-related service described in this paragraph is a medical visit that—
“(i) is in any of the categories of HCPCS evaluation and management service codes described in subparagraph (B);
“(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 enactment of this subsection);
“(iii) results in an order for or administration of a clinical diagnostic laboratory test described in section 1852(a)(1)(B)(iv)(IV); and
“(iv) relates to the furnishing or administration of such test or to the evaluation of such individual for purposes of determining the need of such individual for such test.
“(B) Categories of hcpcs codes.—For purposes of subparagraph (A), the categories of HCPCS evaluation and management services codes are the following:
“(i) Office and other outpatient services.
“(ii) Hospital observation services.
“(iii) Emergency department services.
“(iv) Nursing facility services.
“(v) Domiciliary, rest home, or custodial care services.
“(vi) Home services.
“(vii) Online digital evaluation and management services.
“(2) Specified outpatient payment provision.—A specified outpatient payment provision described in this paragraph is any of the following:
“(A) The hospital outpatient prospective payment system under subsection (t).
“(B) The physician fee schedule under section 1848.
“(C) The prospective payment system developed under section 1834(o).
“(D) Section 1834(g), with respect to an outpatient critical access hospital service.
“(E) The payment basis determined in regulations pursuant to section 1833(a)(3) for rural health clinic services.”
SEC. 6003. Coverage of Testing for Covid–19 at No Cost Sharing under the Medicare Advantage Program.
“(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.
“(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).”
“(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.”
SEC. 6004. Coverage at No Cost Sharing of Covid–19 Testing under Medicaid and Chip.
“(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;”
“(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
“(G) COVID–19 testing-related services for which payment may be made under the State plan; and”
“(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.”
“(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));”
; and
“(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—
“(1) not described in subsection (a)(10)(A)(i); and
“(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.”
“(10) 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).”
SEC. 6005. Treatment of Personal Respiratory Protective Devices as Covered Countermeasures.
“(D) a personal respiratory protective device that is—
“(i) approved by the National Institute for Occupational Safety and Health under part 84 of title 42, Code of Federal Regulations (or successor regulations);
“(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
“(iii) used during the period beginning on January 27, 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).”
SEC. 6006. Application with Respect to Tricare, Coverage for Veterans, and Coverage for Federal Civilians.
SEC. 6007. Coverage of Testing for Covid–19 at No Cost Sharing for Indians Receiving Purchased/referred Care.
SEC. 6008. Temporary Increase of Medicaid Fmap.
SEC. 6009. Increase in Medicaid Allotments for Territories.
“(iii) for fiscal year 2021, $127,937,500;”
“(iii) for fiscal year 2021, $129,712,500;”
“(iii) for fiscal year 2021, $62,325,000; and”
; and
“(iii) for fiscal year 2021, $85,550,000.”
; and
SEC. 6010. Clarification Relating to Secretarial Authority Regarding Medicare Telehealth Services Furnished During Covid–19 Emergency Period.
“(A) furnished to such individual, during the 3-year period ending on the date such telehealth service was furnished, an item or service that would be considered covered under title XVIII if furnished to an individual entitled to benefits or enrolled under such title; or”