To amend titles XVIII and XIX to provide for coverage at no cost sharing of COVID-19 testing under the Medicaid program and Children's Health Insurance Program.

I 116TH CONGRESS 2D SESSION H. R. 6244 To amend titles XVIII and XIX to provide for coverage at no cost sharing of COVID–19 testing under the Medicaid program and Children’s Health Insurance Program. IN THE HOUSE OF REPRESENTATIVES MARCH 12, 2020 Ms. KELLY of Illinois (for herself, Ms. SEWELL of Alabama, and Mr. DESAULNIER) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend titles XVIII and XIX to provide for coverage at no cost sharing of COVID–19 testing under the Med- icaid program and Children’s Health Insurance Program. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. COVERAGE AT NO COST SHARING OF COVID–19 3 TESTING UNDER MEDICAID AND CHIP. 4 (a) MEDICAID.— 5 (1) IN GENERAL.—Section 1905(a)(3) of the 6 Social Security Act (42 U.S.C. 1396d(a)(3)) is 7 amended— 8 VerDate Sep 11 2014 00:36 Mar 27, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6244.IH H6244 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 6244 IH (A) by striking ‘‘other laboratory’’ and in- 1 serting ‘‘(A) other laboratory’’; 2 (B) by inserting ‘‘and’’ after the semicolon; 3 and 4 (C) by adding at the end the following new 5 subparagraph: 6 ‘‘(B) in vitro diagnostic products (as defined in 7 section 809.3(a) of title 21, Code of Federal Regula- 8 tions) administered during any portion of the emer- 9 gency period defined in paragraph (1)(B) of section 10 1135(g) beginning on or after the date of the enact- 11 ment of this subparagraph for the detection of 12 SARS–CoV–2 or the diagnosis of the virus that 13 causes COVID–19 that are approved, cleared, or au- 14 thorized under section 510(k), 513, 515, or 564 of 15 the Federal Food, Drug, and Cosmetic Act, and the 16 administration of such in vitro diagnostic products;’’. 17 (2) NO COST SHARING.— 18 (A) IN GENERAL.—Subsections (a)(2) and 19 (b)(2) of section 1916 of the Social Security 20 Act (42 U.S.C. 1396o) are each amended— 21 (i) in subparagraph (D), by striking 22 ‘‘or’’ at the end; 23 (ii) in subparagraph (E), by striking 24 ‘‘; and’’ and inserting a comma; and 25 VerDate Sep 11 2014 00:36 Mar 27, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6244.IH H6244 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 6244 IH (iii) by adding at the end the fol- 1 lowing new subparagraphs: 2 ‘‘(F) any in vitro diagnostic product de- 3 scribed in section 1905(a)(3)(B) that is admin- 4 istered during any portion of the emergency pe- 5 riod described in such section beginning on or 6 after the date of the enactment of this subpara- 7 graph (and the administration of such product), 8 or 9 ‘‘(G) any medical visit for which payment 10 may be made under the State plan, that is fur- 11 nished during any such portion of such emer- 12 gency period, and that relates to testing for 13 COVID–19; and’’. 14 (B) APPLICATION TO ALTERNATIVE COST 15 SHARING.—Section 1916A(b)(3)(B) of the So- 16 cial Security Act (42 U.S.C. 1396o–1(b)(3)(B)) 17 is amended by adding at the end the following 18 new clause: 19 ‘‘(xi) Any in vitro diagnostic product 20 described in section 1905(a)(3)(B) that is 21 administered during any portion of the 22 emergency period described in such section 23 beginning on or after the date of the enact- 24 ment of this clause (and the administration 25 VerDate Sep 11 2014 00:36 Mar 27, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6244.IH H6244 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 6244 IH of such product) and any visit described in 1 section 1916(a)(2)(G) that is furnished 2 during any such portion.’’. 3 (C) CLARIFICATION.—The amendments 4 made this paragraph shall apply with respect to 5 a State plan of a territory in the same manner 6 as a State plan of one of the 50 States. 7 (3) STATE OPTION TO PROVIDE COVERAGE FOR 8 UNINSURED INDIVIDUALS.— 9 (A) IN GENERAL.—Section 1902(a)(10) of 10 the Social Security Act (42 U.S.C. 11 1396a(a)(10)) is amended— 12 (i) in subparagraph (A)(ii)— 13 (I) in subclause (XXI), by strik- 14 ing ‘‘or’’ at the end; 15 (II) in subclause (XXII), by add- 16 ing ‘‘or’’ at the end; and 17 (III) by adding at the end the 18 following new subclause: 19 ‘‘(XXIII) during any portion of 20 the emergency period defined in para- 21 graph (1)(B) of section 1135(g) be- 22 ginning on or after the date of the en- 23 actment of this subclause, who are un- 24 VerDate Sep 11 2014 00:36 Mar 27, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6244.IH H6244 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 6244 IH insured individuals (as defined in sub- 1 section (ss));’’; and 2 (ii) in the matter following subpara- 3 graph (G)— 4 (I) by striking ‘‘and (XVII)’’ and 5 inserting ‘‘, (XVII)’’; and 6 (II) by inserting after ‘‘instead of 7 through subclause (VIII)’’ the fol- 8 lowing: ‘‘, and (XVIII) the medical as- 9 sistance made available to an unin- 10 sured individual (as defined in sub- 11 section (ss)) who is eligible for med- 12 ical assistance only because of sub- 13 paragraph (A)(ii)(XXIII) shall be lim- 14 ited to medical assistance for any in 15 vitro diagnostic product described in 16 section 1905(a)(3)(B) that is adminis- 17 tered during any portion of the emer- 18 gency period described in such section 19 beginning on or after the date of the 20 enactment of this subclause (and the 21 administration of such product) and 22 any visit described in section 23 1916(a)(2)(G) that is furnished dur- 24 ing any such portion’’. 25 VerDate Sep 11 2014 00:36 Mar 27, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6244.IH H6244 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 6244 IH (B) RECEIPT AND INITIAL PROCESSING OF 1 APPLICATIONS AT CERTAIN LOCATIONS.—Sec- 2 tion 1902(a)(55) of the Social Security Act (42 3 U.S.C. 1396a(a)(55)) is amended, in the matter 4 preceding subparagraph (A), by striking ‘‘or 5 (a)(10)(A)(ii)(IX)’’ and inserting 6 ‘‘(a)(10)(A)(ii)(IX), or (a)(10)(A)(ii)(XXIII)’’. 7 (C) UNINSURED INDIVIDUAL DEFINED.— 8 Section 1902 of the Social Security Act (42 9 U.S.C. 1396a) is amended by adding at the end 10 the following new subsection: 11 ‘‘(ss) UNINSURED INDIVIDUAL DEFINED.—For pur- 12 poses of this section, the term ‘uninsured individual’ 13 means, notwithstanding any other provision of this title, 14 any individual who is— 15 ‘‘(1) not described in subsection (a)(10)(A)(i); 16 and 17 ‘‘(2) not enrolled in a Federal health care pro- 18 gram (as defined in section 1128B(f)), a group 19 health plan, group or individual health insurance 20 coverage offered by a health insurance issuer (as 21 such terms are defined in section 2791 of the Public 22 Health Service Act), or a health plan offered under 23 chapter 89 of title 5, United States Code.’’. 24 VerDate Sep 11 2014 00:36 Mar 27, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6244.IH H6244 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 6244 IH (D) FEDERAL MEDICAL ASSISTANCE PER- 1 CENTAGE.—Section 1905(b) of the Social Secu- 2 rity Act (42 U.S.C. 1396d(b)) is amended by 3 adding at the end the following new sentence: 4 ‘‘Notwithstanding the first sentence of this sec- 5 tion, the Federal medical assistance percentage 6 shall be 100 per centum with respect to (and, 7 notwithstanding any other provision of this 8 title, available for) medical assistance provided 9 to uninsured individuals (as defined in section 10 1902(ss)) who are eligible for such assistance 11 only on the basis of section 12 1902(a)(10)(A)(ii)(XXIII) and with respect to 13 expenditures described in section 1903(a)(7) 14 that a State demonstrates to the satisfaction of 15 the Secretary are attributable to administrative 16 costs related to providing for such medical as- 17 sistance to such individuals under the State 18 plan.’’. 19 (b) CHIP.— 20 (1) IN GENERAL.—Section 2103(c) of the So- 21 cial Security Act (42 U.S.C. 1397cc(c)) is amended 22 by adding at the end the following paragraph: 23 ‘‘(9) CERTAIN IN VITRO DIAGNOSTIC PRODUCTS 24 FOR COVID–19 TESTING.—The child health assist- 25 VerDate Sep 11 2014 00:36 Mar 27, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6244.IH H6244 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 6244 IH ance provided to a targeted low-income child shall 1 include coverage of any in vitro diagnostic product 2 described in section 1905(a)(3)(B) that is adminis- 3 tered during any portion of the emergency period de- 4 scribed in such section beginning on or after the 5 date of the enactment of this subparagraph (and the 6 administration of such product).’’. 7 (2) COVERAGE FOR TARGETED LOW-INCOME 8 PREGNANT WOMEN.—Section 2112(b)(4) of the So- 9 cial Security Act (42 U.S.C. 1397ll(b)(4)) is amend- 10 ed by inserting ‘‘under section 2103(c)’’ after ‘‘same 11 requirements’’. 12 (3) PROHIBITION OF COST SHARING.—Section 13 2103(e)(2) of the Social Security Act (42 U.S.C. 14 1397cc(e)(2)) is amended— 15 (A) in the paragraph header, by inserting 16 ‘‘, COVID–19 TESTING,’’ before ‘‘OR PREGNANCY- 17 RELATED ASSISTANCE’’; and 18 (B) by striking ‘‘category of services de- 19 scribed in subsection (c)(1)(D) or’’ and insert- 20 ing ‘‘categories of services described in sub- 21 section (c)(1)(D), in vitro diagnostic products 22 described in subsection (c)(9) (and administra- 23 VerDate Sep 11 2014 00:36 Mar 27, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H6244.IH H6244 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 6244 IH tion of such products), visits described in sec- 1 tion 1916(a)(2)(G), or’’. 2 Æ VerDate Sep 11 2014 00:36 Mar 27, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\H6244.IH H6244 pamtmann on DSKBC07HB2PROD with BILLS