US Codex
Pub. L.
Notes

Division C — Health Extenders

116th Congress · Approved Oct 1, 2020 · 134 Stat. 709

DIVISION C Health Extenders

TITLE I Public Health Extenders

SEC. 2101. Community Health Centers, National Health Service Corps, and Teaching Health Centers That Operate Graduate Medical Education Programs.

(a)
Community Health Centers.— Section 10503(b)(1)(F) of the Patient Protection and Affordable Care Act (42 U.S.C. 254b–2(b)(1)(F)) is amended—
(1)
by striking “ $668,493,151” and inserting “ $789,041,096”; and
(2)
by striking “ November 30, 2020” and inserting “ December 11, 2020”.
(b)
National Health Service Corps.— Section 10503(b)(2)(H) of the Patient Protection and Affordable Care Act (42 U.S.C. 254b–2(b)(2)(H)) is amended—
(1)
by striking “ $51,808,219” and inserting “ $61,150,685”; and
(2)
by striking “ November 30, 2020” and inserting “ December 11, 2020”.
(c)
Teaching Health Centers That Operate Graduate Medical Education Programs.— Section 340H(g)(1) of the Public Health Service Act (42 U.S.C. 256h(g)(1)) is amended—
(1)
by striking “ $21,141,096” and inserting “ $24,953,425”; and
(2)
by striking “ November 30, 2020” and inserting “ December 11, 2020”.
(d)
Application of Provisions.— Amounts appropriated pursuant to the amendments made by this section for the period beginning on October 1, 2020, through December 11, 2020, shall be subject to the requirements contained in Public Law 116–94 for funds for programs authorized under sections 330 through 340 of the Public Health Service Act (42 U.S.C. 254 through 256).
(e)
Conforming Amendment.— Paragraph (4) of section 3014(h) of title 18, United States Code, is amended—
(1)
by striking “ Social Services Act,,,” and inserting “ Social Services Act,”; and
(2)
by striking “ and section 3831 of the CARES Act” and inserting “ , section 3831 of the CARES Act, and section 2101 of the Continuing Appropriations Act, 2021 and Other Extensions Act”.

SEC. 2102. Diabetes Programs.

(a)
Special Diabetes Programs for Type I Diabetes.— Section 330B(b)(2)(D) of the Public Health Service Act (42 U.S.C. 254c–2(b)(2)(D)) is amended—
(1)
by striking “ $25,068,493” and inserting “ $29,589,042”; and
(2)
by striking “ November 30, 2020” and inserting “ December 11, 2020”.
(b)
Special Diabetes Programs for Indians.— Section 330C(c)(2)(D) of the Public Health Service Act (42 U.S.C. 254c–3(c)(2)(D)) is amended—
(1)
by striking “ $25,068,493” and inserting “ $29,589,042”; and
(2)
by striking “ November 30, 2020” and inserting “ December 11, 2020”.

SEC. 2103. Personal Responsibility Education.

Section 513 of the Social Security Act (42 U.S.C. 713) is amended by striking “ November 30, 2020” each place it appears and inserting “ December 11, 2020”.

SEC. 2104. Sexual Risk Avoidance Education.

Section 510 of the Social Security Act (42 U.S.C. 710) is amended—
(1)
by striking “ November 30, 2020” each place it appears and inserting “ December 11, 2020”;
(2)
in subsection (a)(2)(B)(i), by striking “ such period, for fiscal year 2020” and inserting “ the period described in subparagraph (A), for fiscal year 2021”; and
(3)
in subsection (f)(2), by striking “ and 2019” and inserting “ through 2020,”.

SEC. 2105. Rare Pediatric Disease Priority Review Voucher Extension.

Section 529(b)(5) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360ff(b)(5)) is amended—
(1)
by striking “ September 30, 2020” each place it appears and inserting “ December 11, 2020”; and
(2)
in subparagraph (B), by striking “ September 30, 2022” and inserting “ December 11, 2022”.

SEC. 2106. Authorization to Accumulate Excess Annual Leave.

(a)
In General.— Notwithstanding section 219 of the Public Health Service Act (42 U.S.C. 210–1), a commissioned officer of the Public Health Service who, except for this section, would lose at the end of the fiscal year 2020 accumulated annual leave in excess of 60 days, may retain such amounts of accumulated annual leave in excess of 60 days.
(b)
Use of Excess Leave.— Annual leave retained pursuant to subsection (a) shall be lost unless it is used by the officer no later than September 30, 2023.
(c)
Applicability.— This section shall not apply to an officer on terminal leave preceding separation, retirement, or release from active duty, as of the effective date specified in subsection (d).
(d)
Effective Date.— This section shall become effective on the earlier of—
(1)
the date of the enactment of this Act; or
(2)
September 30, 2020.

SEC. 2107. Hhs Services and Supply Fund.

Effective as if included in the enactment of the paragraph beginning with “Service and supply fund:” under the heading “Public Health Service” in the Federal Security Agency Appropriation Act, 1946 (42 U.S.C. 231), such paragraph shall be applied with respect to any fiscal year as though the phrase “central services” referred to central services for any Federal agency.

TITLE II Medicare Extenders

SEC. 2201. Extension of the Work Geographic Index Floor under the Medicare Program.

Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C. 1395w–4(e)(1)(E)), as amended by section 3801 of the CARES Act (Public Law 116–136), is amended by striking “ December 1, 2020” and inserting “ December 12, 2020”.

SEC. 2202. Extension of Funding for Quality Measure Endorsement, Input, and Selection.

Section 1890(d)(2) of the Social Security Act (42 U.S.C. 1395aaa(d)(2)), as amended by section 3802 of the CARES Act (Public Law 116–136), is amended—
(1)
in the first sentence, by striking “ November 30, 2020” and inserting “ December 11, 2020”; and
(2)
in the third sentence, by striking “ November 30, 2020” and inserting “ December 11, 2020”.

SEC. 2203. Extension of Funding Outreach and Assistance for Low-Income Programs.

(a)
State Health Insurance Programs.— Subsection (a)(1)(B) of section 119 of the Medicare Improvements for Patients and Providers Act of 2008 (42 U.S.C. 1395b–3 note), as amended by section 3306 of the Patient Protection and Affordable Care Act (Public Law 111–148), section 610 of the American Taxpayer Relief Act of 2012 (Public Law 112–240), section 1110 of the Pathway for SGR Reform Act of 2013 (Public Law 113–67), section 110 of the Protecting Access to Medicare Act of 2014 (Public Law 113–93), section 208 of the Medicare Access and CHIP Reauthorization Act of 2015 (Public Law 114–10), section 50207 of division E of the Bipartisan Budget Act of 2018 (Public Law 115–123), section 1402 of division B of the Continuing Appropriations Act, 2020, and Health Extenders Act of 2019 (Public Law 116–59), section 1402 of division B of the Further Continuing Appropriations Act, 2020, and Further Health Extenders Act of 2019 (Public Law 116–69), section 103 of division N of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94), and section 3803 of the CARES Act (Public Law 116–136) is amended in clause (xi) by striking “ November 30, 2020” and inserting “ December 11, 2020”.
(b)
Area Agencies on Aging.— Subsection (b)(1)(B) of such section 119, as so amended, is amended in clause (xi) by striking “ November 30, 2020” and inserting “ December 11, 2020”.
(c)
Aging and Disability Resource Centers.— Subsection (c)(1)(B) of such section 119, as so amended, is amended in clause (xi) by striking “ November 30, 2020” and inserting “ December 11, 2020”.
(d)
Contract With the National Center for Benefits and Outreach Enrollment.— Subsection (d)(2) of such section 119, as so amended, is amended in clause (xi) by striking “ November 30, 2020” and inserting “ December 11, 2020”.

TITLE III Medicaid Extenders

SEC. 2301. Extension of Money Follows the Person Rebalancing Demonstration.

Section 6071(h)(1)(H) of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note), as inserted by section 3811 of the CARES Act (Public Law 116–136), is amended by striking “ November 30, 2020” and inserting “ December 11, 2020”.

SEC. 2302. Extension of Spousal Impoverishment Protections.

(a)
In General.— Section 2404 of the Patient Protection and Affordable Care Act (42 U.S.C. 1396r–5 note), as amended by section 3812 of the CARES Act (Public Law 116–136), is amended by striking “ November 30, 2020” and inserting “ December 11, 2020”.
(b)
Rule of Construction.— Nothing in section 2404 of Public Law 111–148 (42 U.S.C. 1396r–5 note) or section 1902(a)(17) or 1924 of the Social Security Act (42 U.S.C. 1396a(a)(17), 1396r–5) shall be construed as prohibiting a State from—
(1)
applying an income or resource disregard under a methodology authorized under section 1902(r)(2) of such Act (42 U.S.C. 1396a(r)(2))—
(A)
to the income or resources of an individual described in section 1902(a)(10)(A)(ii)(VI) of such Act (42 U.S.C. 1396a(a)(10)(A)(ii)(VI)) (including a disregard of the income or resources of such individual’s spouse); or
(B)
on the basis of an individual’s need for home and community-based services authorized under subsection (c), (d), (i), or (k) of section 1915 of such Act (42 U.S.C. 1396n) or under section 1115 of such Act (42 U.S.C. 1315); or
(2)
disregarding an individual’s spousal income and assets under a plan amendment to provide medical assistance for home and community-based services for individuals by reason of being determined eligible under section 1902(a)(10)(C) of such Act (42 U.S.C. 1396a(a)(10)(C)) or by reason of section 1902(f) of such Act (42 U.S.C. 1396a(f)) or otherwise on the basis of a reduction of income based on costs incurred for medical or other remedial care under which the State disregarded the income and assets of the individual’s spouse in determining the initial and ongoing financial eligibility of an individual for such services in place of the spousal impoverishment provisions applied under section 1924 of such Act (42 U.S.C. 1396r–5).

SEC. 2303. Delay of Dsh Reductions.

Section 1923(f)(7)(A) of the Social Security Act (42 U.S.C. 1396r–4(f)(7)(A)), as amended by section 3813 of the CARES Act (Public Law 116–136), is amended—
(1)
in clause (i), in the matter preceding subclause (I), by striking “ December 1, 2020” and inserting “ December 12, 2020”; and
(2)
in clause (ii)(I), by striking “ December 1, 2020” and inserting “ December 12, 2020”.

SEC. 2304. Extension of Community Mental Health Services Demonstration Program.

Section 223(d)(3) of the Protecting Access to Medicare Act of 2014 (42 U.S.C. 1396a note), as amended by section 3814 of the CARES Act (Public Law 116–136), is amended by striking “ November 30, 2020” and inserting “ December 11, 2020”.

TITLE IV Medicare Part B Premium Adjustment

SEC. 2401. 2021 Medicare Part B Premium and Deductible.

(a)
2021 Premium and Deductible and Repayment Through Future Premiums.— Section 1839(a) of the Social Security Act (42 U.S.C. 1395r(a)) is amended—
(1)
in the second sentence of paragraph (1), by striking “ (5) and (6)” and inserting “ (5), (6), and (7)”;
(2)
in paragraph (6)(C)—
(A)
in clause (i), by striking “ section 1844(d)(1)” and inserting “ subsections (d)(1) and (e)(1) of section 1844”; and
(B)
in clause (ii), by striking “ paragraph (5)” and inserting “ paragraphs (5) and (7)”; and
(3)
by adding at the end the following:

“(7)

(A) In applying this part (including subsection (i) and section 1833(b)), the monthly actuarial rate for enrollees age 65 and over for 2021 shall be determined to be equal to the sum of—

“(i) the monthly actuarial rate for enrollees age 65 and over for 2020; plus

“(ii) 25 percent of the difference between such rate for 2020 and the preliminary monthly actuarial rate for enrollees age 65 and over for 2021 (as estimated under subparagraph (B)).

“(B) For purposes of subparagraph (A)(ii), the Secretary shall estimate a preliminary monthly actuarial rate for enrollees age 65 and over for 2021 using the methodology described in paragraph (1) and as if subparagraph (A) of this paragraph did not apply. The Secretary shall make the estimate under the previous sentence as if the transfers described in section 1844(f)(1) have been made.”

(b)
Transitional Government Contribution.— Section 1844 of the Social Security Act (42 U.S.C. 1395w) is amended—
(1)
in subsection (a), by adding at the end the following new sentence: “ In applying paragraph (1), the amounts transferred under subsection (e)(1) with respect to enrollees described in subparagraphs (A) and (B) of such subsection shall be treated as premiums payable and deposited in the Trust Fund under subparagraphs (A) and (B), respectively, of paragraph (1).”; and
(2)
by adding at the end the following:

“(e)

(1) For 2021, there shall be transferred from the General Fund to the Trust Fund an amount, as estimated by the Chief Actuary of the Centers for Medicare & Medicaid Services, equal to the reduction in aggregate premiums payable under this part for a month in such year (excluding any changes in amounts collected under section 1839(i)) that are attributable to the application of section 1839(a)(7) with respect to—

“(A) enrollees age 65 and over; and

“(B) enrollees under age 65.

“(2) Premium increases affected under section 1839(a)(6) shall not be taken into account in applying subsection (a).

“(3) There shall be transferred from the Trust Fund to the General Fund of the Treasury amounts equivalent to the additional premiums payable as a result of the application of section 1839(a)(6), excluding the aggregate payments attributable to the application of section 1839(i)(3)(A)(ii)(II).”

(c)
Additional Transitional Government Contribution.— Section 1844 of the Social Security Act (42 U.S.C. 1395w), as amended by subsection (b)(2), is amended by adding at the end the following:

“(f)

(1) There shall be transferred from the General Fund of the Treasury to the Trust Fund an amount, as estimated by the Chief Actuary of the Centers for Medicare & Medicaid Services, equal to amounts paid in advance for items and services under this part during the period beginning on the first day of the emergency period described in section 1135(g)(1)(B) and ending on the date of the enactment of this paragraph.

“(2) There shall be transferred from the Trust Fund to the General Fund of the Treasury amounts equivalent to the sum of—

“(A) the amounts by which claims have offset (in whole or in part) the amount of such payments described in paragraph (1); and

“(B) the amount of such payments that have been repaid (in whole or in part).

“(3) Amounts described in paragraphs (1) and (2) shall be transferred from time to time as appropriate.”

(d)
Indentation Correction.— Section 1839(i)(3)(A)(ii) of the Social Security Act (42 U.S.C. 1395r(i)(3)(A)(ii)) is amended by moving the indentation of subclause (I) two ems to the right.

TITLE V Accelerated and Advance Payment Programs

SEC. 2501. Modifying Accelerated and Advance Payment Programs under Parts a and B of the Medicare Program During the Covid–19 Emergency.

(a)
Special Repayment Rules and Other Modifications.—
(1)
Part a.—
(A)
In general.— Section 1815(f)(2)(C) of the Social Security Act (42 U.S.C. 1395g(f)(2)(C)) is amended to read as follows:

“(C) In the case of a payment made under the terms of the program under subsection (e)(3), including such program as expanded pursuant to this subsection, on or after the date of the enactment of the CARES Act and so made during the emergency period described in section 1135(g)(1)(B), upon request of a hospital, the Secretary shall—

“(i) provide 1 year before payments for items and services furnished by the hospital are offset to recoup payments under such program;

“(ii) provide that any such offset be an amount equal to—

“(I) during the first 11 months in which any such offsets are made with respect to payment for items and services furnished by the hospital, 25 percent of the amount of such payment for such items and services; and

“(II) during the succeeding 6 months, 50 percent of the amount of such payment for such items and services; and

“(iii) allow 29 months from the date of the first payment under such program to such provider before requiring that the outstanding balance be paid in full.”

(B)
Authority for discretion.— Section 1815(f)(2)(A)(ii) of the Social Security Act (42 U.S.C. 1395g(f)(2)(A)(ii)) is amended by inserting “ (or, with respect to requests submitted to the Secretary after April 26, 2020, may)” after “ shall.”.
(C)
Application to other part a providers.—
(i)
In general.— In the case of a payment made under the terms of an applicable program (as defined in clause (ii)), on or after the date of the enactment of the CARES Act (Public Law 116–136) and so made during the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b–5(g)(1)(B)), upon request of an applicable provider (as defined in clause (iii)), the provisions of section 1815(f)(2)(C) of such Act (42 U.S.C. 1395g(f)(2)(C)), as amended by subparagraph (A), shall apply with respect to such payment in the same manner as such provisions apply with respect to a payment made under the terms of the program under subsection (e)(3) of section 1815 of such Act (42 U.S.C. 1395g), including such program as expanded pursuant to subsection (f) of such section, on or after the date of the enactment of the CARES Act (Public Law 116–136) and so made during such emergency period.
(ii)
Applicable program defined.— In this clause, the term “applicable program” means—
(I)
the programs under sections 413.64(g), 412.541(f), 412.632(e), 412.116(f), 413.350(d), or 418.307 of title 42, Code of Federal Regulations (or any successor regulations); and
(II)
any other comparable program under part A of title XVIII of the Social Security Act, as determined by the Secretary.
(iii)
Applicable provider.— In this clause, the term “applicable provider” means a provider of services that is eligible for payment under an applicable program.
(2)
Part b.—
(A)
In general.— In the case of a payment made under the terms of the program described in section 421.214 of title 42, Code of Federal Regulations (or any successor regulation) on or after the date of the enactment of the CARES Act (Public Law 116–136) and so made during the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b–5(g)(1)(B)), the Secretary of Health and Human Services shall, upon request of the provider of services or supplier receiving such payment—
(i)
provide 1 year before payments for items and services furnished by such provider or supplier are offset to recoup payments under such program;
(ii)
provide that any such offset be an amount equal to—
(I)
during the first 11 months in which any such offsets are made with respect to payment for items and services furnished by such provider or supplier, 25 percent of the amount of such payment for such items and services; and
(II)
during the succeeding 6 months, 50 percent of the amount of such payment for such items and services; and
(iii)
allow 29 months from the date of the first payment under such program to such provider or supplier before requiring that the outstanding balance be paid in full.
(B)
Limitation on further part b advance payments.— With respect to the period of the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b–5(g)(1)(B)) beginning on the date of the enactment of this Act, the total amount of payments made under the terms of the program described in section 421.214 of title 42, Code of Federal Regulations (or any successor regulation)—
(i)
for the portion of 2020 occurring during such period of the emergency period and for each year, shall not exceed $10,000,000;
(ii)
for each year beginning and ending during such period of the emergency period, shall not exceed $10,000,000; and
(iii)
for the last year beginning during such period of the emergency period, the portion of such last year occurring during such period of the emergency period, shall not exceed $10,000,000.
(b)
Interest Rates.—
(1)
Part a.—
(A)
In general.— Section 1815(d) of the Social Security Act (42 U.S.C. 1395g(d)) is amended by inserting before the period at the end the following: “ (or, in the case of such a determination made with respect to a payment made on or after the date of the enactment of the CARES Act and during the emergency period described in section 1135(g)(1)(B) under the program under subsection (e)(3), including such program as expanded pursuant to subsection (f), at a rate of 4 percent)”.
(B)
Application to other part a providers.— In the case of a determination under section 1815(d) of the Social Security Act (42 U.S.C. 1395g(d)) with respect to a payment made on or after the date of the enactment of the CARES Act (Public Law 116–136) and during the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b–5(g)(1)(B)) under an applicable program (as defined in subsection (a)(1)(C)(ii)), the amendment made by subparagraph (A) shall apply with respect to such determination in the same manner as such amendment applies with respect to a payment made on or after the date of the enactment of the CARES Act (Public Law 116–136) and during such emergency period under the program under subsection (e)(3) of section 1815 of such Act (42 U.S.C. 1395g), including such program as expanded pursuant to subsection (f) of such section.
(2)
Part b.— Section 1833(j) of the Social Security Act (42 U.S.C. 1395l(j)) is amended by inserting before the period at the end the following: “ (or, in the case of such a determination made with respect to a payment made on or after the date of the enactment of the CARES Act and during the emergency period described in section 1135(g)(1)(B) under the program described in section 421.214 of title 42, Code of Federal Regulations (or any successor regulation), at a rate of 4 percent)”.
(c)
Publication of Data.—
(1)
Data during covid–19 emergency.—
(A)
Initial publication.— Not later than 2 weeks after the date of the enactment of this section, the Secretary shall post on the public website of the Centers for Medicare & Medicaid Services data that includes the following information with respect to specified payments (as defined in paragraph (3)(E)) made as of such date and for which data is available:
(i)
The total amount of such payments made under each applicable payment program (as defined in paragraph (3)(A)), including a specification of the percentage of such payments so made from the Federal Hospital Insurance Trust Fund established under section 1817 of the Social Security Act (42 U.S.C. 1395i) and the percentage of such payments so made from the Federal Supplementary Insurance Trust Fund established under section 1841 of such Act (42 U.S.C. 1395t) under each such program.
(ii)
The amount of specified payments made under each such program by type of provider of services or supplier receiving such payments.
(iii)
The Centers for Medicare & Medicaid Services certification number or other appropriate number of, and the amount of such payments received by, each provider of services and supplier receiving such payments.
(B)
Interim publication.— Every 2 weeks thereafter during the emergency period, if any specified payments are made that were not included in a preceding publication of data under this paragraph, the Secretary shall post on the website described in subparagraph (A) data containing the information described in clauses (i), (ii), and (iii) of such subparagraph with respect to such specified payments.
(2)
Additional publications.— Not later than 15 months after the date of the enactment of the CARES Act (Public Law 116–136), and every 6 months thereafter until all specified payments have been recouped or repaid, the Secretary shall post on the website described in paragraph (1)(A) data that includes the following:
(A)
The total amount of all specified payments not recouped or repaid under each applicable payment program.
(B)
The amount of payments made under each such program and not recouped or repaid by type of provider of services or supplier.
(C)
The total amount of specified payments that have been recouped or repaid under each such program, including a specification of the percentage of such payments so recouped or repaid that have been deposited into the Federal Hospital Insurance Trust Fund and the percentage of such payments so recouped or repaid that have been deposited into the Federal Supplementary Insurance Trust Fund under each such program.
(D)
The dollar amount of interest that has been collected with respect to all specified payments under each such program.
(3)
Definitions.— In this subsection:
(A)
Applicable payment program.— The term “applicable payment program” means—
(i)
the program under subsection (e)(3) of section 1815 of the Social Security Act (42 U.S.C. 1395g), including such program as expanded under subsection (f) of such section;
(ii)
an applicable program (as defined in subsection (a)(1)(C)(ii) of this section); and
(iii)
the program described in section 421.214 of title 42, Code of Federal Regulations (or any successor regulation).
(B)
Emergency period.— The term “emergency period” means the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b–5(g)(1)(B)).
(C)
Provider of services and supplier.— The terms “provider of services” and “supplier” have the meaning given such terms in subsections (u) and (d), respectively, of section 1861 of such Act (42 U.S.C. 1395x).
(D)
Secretary.— The term “Secretary” means the Secretary of Health and Human Services.
(E)
Specified payments.— The term “specified payments” means payments made under an applicable payment program on or after the date of the enactment of the CARES Act (Public Law 116–136) during the emergency period.

TITLE VI Offsets

SEC. 2601. Inclusion in the Medicaid Drug Rebate Program of Covered Outpatient Drugs Used for Medication-Assisted Treatment.

(a)
In General.— Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended—
(1)
in paragraph (29) of subsection (a)—
(A)
by moving the margin of such paragraph 2 ems to the right; and
(B)
by striking “ subject to paragraph (2)” and inserting “ subject to paragraphs (2) and (3)”; and
(2)
in subsection (ee), by adding at the end the following:

“(3) Application of rebate requirements.—The requirements of section 1927 shall apply to any drug or biological product described in paragraph (1)(A) that is—

“(A) furnished as medical assistance in accordance with subsection (a)(29) and section 1902(a)(10)(A); and

“(B) a covered outpatient drug (as defined in section 1927(k), except that, in applying paragraph (2)(A) of such section to a drug described in paragraph (1)(A), such drug shall be deemed a prescribed drug for purposes of subsection (a)(12)).”

(b)
Conforming Amendment.— Section 1927(d)(7) of the Social Security Act (42 U.S.C. 1396r–8(d)(7)) is amended by adding at the end the following new subparagraph:

“(D) Drugs and biological products described in subsection (ee)(1)(A) of section 1905 that are furnished as medical assistance in accordance with subsection (a)(29) of such section and section 1902(a)(10)(A).”

(c)
Retroactive Effective Date.— The amendments made by this section shall take effect as if included in the enactment of section 1006(b) of the SUPPORT for Patients and Communities Act (Public Law 115–271; 132 Stat. 3914).

SEC. 2602. Medicaid Improvement Fund.

Section 1941(b) of the Social Security Act (42 U.S.C. 1396w–1(b)) is amended—
(1)
in paragraph (1), by striking “ 2021” and inserting “ 2023”; and
(2)
in paragraph (3)(A), by striking “ $1,960,000,000” and inserting “ $3,446,000,000”.