Rapid Coverage of COVID-19 Vaccine Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 6299 To provide for the rapid coverage of preventive services and vaccines for COVID-19. IN THE HOUSE OF REPRESENTATIVES MARCH 19, 2020 Mr. COURTNEY (for himself and Mr. BEYER) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, and Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdic- tion of the committee concerned A BILL To provide for the rapid coverage of preventive services and vaccines for COVID-19. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Rapid Coverage of 4 COVID-19 Vaccine Act of 2020’’. 5 VerDate Sep 11 2014 00:24 Apr 01, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6299.IH H6299 jbell on DSKJLSW7X2PROD with BILLS 2 •HR 6299 IH SEC. 2. RAPID COVERAGE OF PREVENTIVE SERVICES AND 1 VACCINES FOR COVID-19. 2 (a) IN GENERAL.—In the case of a qualifying 3 COVID-19 preventive service, notwithstanding section 4 2713(b) of the Public Health Service Act (42 U.S.C. 5 300gg–13(b)) (including the regulations under section 6 2590.715–2713 of title 29, Code of Federal Regulations, 7 section 54.9815–2713 of title 26, Code of Federal Regula- 8 tions, and section 147.130 of title 45, Code of Federal 9 Regulations), the Secretary of Health and Human Serv- 10 ices, Secretary of Labor, and Secretary of the Treasury 11 shall apply to group health plans and health insurance 12 issuers offering group or individual health insurance cov- 13 erage the requirement under section 2713(a) of the Public 14 Health Service Act (42 U.S.C. 300gg–13(a)), with respect 15 to such services, as if such section 2713(a)— 16 (1) required the coverage of such service under 17 such plans and such coverage be effective not later 18 than the specified date (as defined in subsection 19 (b)(2)) with respect to such service; and 20 (2) applied to grandfathered health plans (as 21 defined in section 1251(e) of the Patient Protection 22 and Affordable Care Act (42 U.S.C. 18011(e))). 23 (b) DEFINITIONS.—For purposes of this section: 24 (1) QUALIFYING COVID-19 PREVENTIVE SERV- 25 ICE.—The term ‘‘qualifying COVID-19 preventive 26 VerDate Sep 11 2014 00:24 Apr 01, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6299.IH H6299 jbell on DSKJLSW7X2PROD with BILLS 3 •HR 6299 IH service’’ means an item, service, or immunization 1 that is intended to prevent or mitigate COVID-19 2 and that is— 3 (A) an evidence-based item or service that 4 has in effect a rating of ‘‘A’’ or ‘‘B’’ in the cur- 5 rent recommendations of the United States Pre- 6 ventive Services Task Force; or 7 (B) an immunization that has in effect a 8 recommendation from the Advisory Committee 9 on Immunization Practices of the Centers for 10 Disease Control and Prevention with respect to 11 the individual involved. 12 (2) SPECIFIED DATE.—The term ‘‘specified 13 date’’ means— 14 (A) with respect to a qualifying COVID-19 15 preventive service described in paragraph 16 (1)(A), the date that is 15 business days after 17 the date on which a rating, as described in such 18 paragraph, is made with respect to such service; 19 and 20 (B) with respect to a qualifying COVID-19 21 preventive service described in paragraph 22 (1)(B), the date that is 15 business days after 23 the date on which a recommendation, as de- 24 VerDate Sep 11 2014 00:24 Apr 01, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6299.IH H6299 jbell on DSKJLSW7X2PROD with BILLS 4 •HR 6299 IH scribed in such paragraph, is made relating to 1 the service. 2 (3) ADDITIONAL TERMS.—The terms ‘‘group 3 health plan’’; ‘‘health insurance issuer’’; ‘‘group 4 health insurance coverage’’, and ‘‘individual health 5 insurance coverage’’ have the meanings given such 6 terms in section 2791 of the Public Health Service 7 Act (42 U.S.C. 300gg–91), section 733 of the Em- 8 ployee Retirement Income Security Act (29 U.S.C. 9 1191b), and section 9832 of the Internal Revenue 10 Code of 1986, as applicable. 11 (c) IMPLEMENTATION.—The Secretary of Health and 12 Human Services, Secretary of Labor, and Secretary of the 13 Treasury may implement the provisions of this section 14 through program instruction, subregulatory guidance, or 15 otherwise. 16 Æ VerDate Sep 11 2014 00:24 Apr 01, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H6299.IH H6299 jbell on DSKJLSW7X2PROD with BILLS