[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3564 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 3564
To amend title XIX of the Social Security Act to require States to
provide medical assistance for COVID-19 treatment services for
individuals who are diagnosed with COVID-19, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2020
Mr. Casey (for himself and Mr. Booker) introduced the following bill;
which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend title XIX of the Social Security Act to require States to
provide medical assistance for COVID-19 treatment services for
individuals who are diagnosed with COVID-19, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring Treatment for COVID Act''.
SEC. 2. MANDATORY COVERAGE OF COVID-19 TREATMENT.
(a) In General.--Section 1902 of the Social Security Act (42 U.S.C.
1396a), as amended by section 6004 of the Families First Coronavirus
Response Act, is amended--
(1) in subsection (a)--
(A) subparagraph (A)--
(i) in clause (i)--
(I) in subclause (VIII), by
striking ``; or'' and inserting a
semicolon; and
(II) by inserting after subclause
(IX) the following new subclauses:
``(X) 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)); or
``(XI) who are uninsured
individuals who reside in one of the 50
States or the District of Columbia and
have been diagnosed with COVID-19 or
the virus that causes COVID-19;''; and
(ii) in clause (ii)--
(I) in subclause (XXI), by
inserting ``or'' at the end;
(II) in subclause (XXII), by
striking ``or'' at the end; and
(III) by striking subclause
(XXIII); and
(B) in the matter following subparagraph (G)--
(i) by striking ``and (XVIII)'' and
inserting ``(XVIII)'';
(ii) by striking ``and (XVIII)'' and
inserting ``(XVIII)'';
(iii) by striking ``who is eligible for
medical assistance only because of subparagraph
(A)(ii)(XXIII)'' and inserting ``who is
eligible for medical assistance only because of
subparagraph (A)(i)(X)''; and
(iv) by striking ``and any visit described
in section 1916(a)(2)(G) that is furnished
during any such portion'' and inserting ``and
any service described in section 1916(a)(2)(G)
that is furnished during any such portion, and
(XIX) the medical assistance made available to
an individual who is eligible for medical
assistance only because of subclause (XI) of
subparagraph (A)(i) shall be limited to medical
assistance for services that are related to
treating COVID-19, and shall only be made
available to such individual during the 1-year
period following the date of such individual's
enrollment under the State plan or waiver (or
for such longer period as the State may elect
if the individual continues to require
treatment for COVID-19 after the end of such 1-
year period)''; and
(2) in subsection (ss)--
(A) in paragraph (1), by inserting ``subclauses (I)
through (IX) of'' before ``subsection (a)(10)(A)(i)'';
and
(B) in paragraph (2), by inserting ``(unless such
individual is only enrolled for medical assistance
under this title under subclause (X) of subsection
(a)(10)(A)(i))'' after ``1128B(f))''.
(b) Coverage of COVID-19 Treatment as a Mandatory Service.--Section
1905(a)(4) of the Social Security Act (42 U.S.C. 1396d(a)(4)) is
amended--
(1) by striking ``and (D)'' and inserting ``(D)''; and
(2) by striking the semicolon at the end and inserting ``;
and (E) items and services furnished for the treatment of
COVID-19;''.
(c) Prohibition of Cost Sharing.--
(1) In general.--Subsections (a)(2) and (b)(2) of section
1916 of the Social Security Act (42 U.S.C. 1396o), as amended
by section 6004(a)(2)(A) of the Families First Coronavirus
Response Act, are each amended--
(A) in subparagraph (F), by striking ``or'' at the
end;
(B) in subparagraph (G), by striking ``; and'' and
inserting ``, or''; and
(C) by adding at the end the following
subparagraphs:
``(H) a COVID-19 vaccine licensed under section 351
of the Public Health Service Act and the administration
of such vaccine, or
``(I) any item or service furnished for the
treatment of COVID-19; and''.
(2) Application to alternative cost sharing.--Section
1916A(b)(3)(B) of the Social Security Act (42 U.S.C. 1396o-
1(b)(3)(B)), as amended by section 6004(a)(2)(B) of the
Families First Coronavirus Response Act, is amended--
(A) in clause (xi), by striking ``any visit'' and
inserting ``any service''; and
(B) by adding at the end the following clauses:
``(xii) A COVID-19 vaccine licensed under
section 351 of the Public Health Service Act
and the administration of such vaccine.
``(xiii) An item or service furnished for
the treatment of COVID-19.''.
(3) Clarification.--The amendments made this subsection
shall apply with respect to a State plan of a territory in the
same manner as a State plan of one of the 50 States.
(d) Receipt and Processing of Applications at Certain Locations.--
Section 1902(a)(55) of the Social Security Act (42 U.S.C.
1396a(a)(55)), as amended by section 6004 of the Families First
Coronavirus Response Act, is amended by striking ``or
(a)(10)(A)(ii)(XXIII)'' and inserting ``(a)(10)(A)(i)(X), or
(a)(10)(A)(i)(XI)''.
(e) Federal Medical Assistance Percentage.--
(1) In general.--Section 1905 of the Social Security Act
(42 U.S.C. 1396d) is amended--
(A) in subsection (b), by striking ``and (ff)'' and
inserting ``(ff), and (gg)''; and
(B) by adding at the end the following new
subsection:
``(gg) Enhanced FMAP for Medical Assistance for COVID-19
Treatment.--Notwithstanding subsection (b), the Federal medical
assistance percentage for a State that is one of the 50 States or the
District of Columbia, with respect to amounts expended by such State
for medical assistance for individuals who are only eligible for such
assistance because of section 1902(a)(10)(A)(i)(XI) shall be equal to
100 percent.''.
(2) Conforming amendment.--Section 1905(b) of the Social
Security Act (42 U.S.C. 1396d(b)), as amended by 6004(a)(3)(D)
of the Families First Coronavirus Response Act, is amended by
striking ``section 1902(a)(10)(A)(ii)(XXIII)'' and inserting
``section 1902(a)(10)(A)(i)(X)''.
(f) Enhanced Provider Payments for Services to Treat COVID-19.--
Section 1902(a)(13) of the Social Security Act (42 U.S.C. 1396a(a)(13))
is amended--
(1) in subparagraph (B), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (C), by striking the semicolon at the
end and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) payment for services to treat COVID-19 at a
rate not less than 125 percent of the payment rate that
would apply to such services if they were provided
under title XVIII;''.
(g) Nonapplication of Certain Requirements.--With respect to
medical assistance that is available under a State plan under title XIX
of the Social Security Act (42 U.S.C. 1396 et seq.) or a waiver of such
a plan pursuant to subclause (X) or (XI) of section 1902(a)(10)(A)(i)
of such Act (42 U.S.C. 1396a(a)(10)(A)(i))--
(1) subsections (a)(1) and (d) of section 1137 of such Act
(42 U.S.C. 1320b-7) shall not apply to individuals seeking
medical assistance under either such subclause;
(2) notwithstanding the last sentence of section 1902(a) of
such Act (42 U.S.C. 1396a(a)) or any other provision of law,
payment may be made to the State for expenditures for medical
assistance furnished to an individual who is enrolled for
medical assistance pursuant to either such subclause without
regard to whether such individual is lawfully residing in the
United States; and
(3) the limitations on payment imposed by subsection (f) of
section 1903 of such Act (42 U.S.C. 1396b) shall not apply with
respect amounts expended by the State for medical assistance
furnished to an individual who is enrolled under either such
subclause.
(h) State Requirement To Streamline Applications.--During any
portion of the emergency period defined in paragraph (1)(B) of section
1135(g) of the Social Security Act beginning on or after the date of
enactment of this Act, each State shall permit an individual who is
enrolled for medical assistance under the State plan under title XIX of
such Act, or a waiver of such plan, under subclause (X) of section
1902(a)(10)(A)(i) of such Act to enroll for medical assistance under
subclause (XI) of such section without requiring a new application from
the individual. Nothing in the preceding sentence shall be construed as
requiring that an individual first be enrolled under subclause of (X)
of section 1902(a)(10)(A)(i) of the Social Security Act in order to
enroll under subclause (XI) of such section.
<all>
Ensuring Treatment for COVID Act
#3564 | S Congress #116
Policy Area: Health
Last Action: Read twice and referred to the Committee on Finance. (3/22/2020)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text