Protecting Seniors Access to Health Care Act

II 117TH CONGRESS 1ST SESSION S. 918 To offer financial support to health care providers, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH 23, 2021 Mr. BARRASSO (for himself and Mr. COTTON) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To offer financial support to health care providers, and for other purposes. 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 ‘‘Protecting Seniors Ac- 4 cess to Health Care Act’’. 5 SEC. 2. PROVIDER RELIEF FUND. 6 (a) SUPPLEMENTAL APPROPRIATION.—There is ap- 7 propriated, out of any amounts in the Treasury not other- 8 wise appropriated, for an additional amount for ‘‘Public 9 Health and Social Services Emergency Fund’’, 10 $12,300,000,000, to remain available until expended, to 11 VerDate Sep 11 2014 01:06 Apr 13, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S918.IS S918 kjohnson on DSK79L0C42PROD with BILLS 2 •S 918 IS prevent, prepare for, and respond to coronavirus, domesti- 1 cally or internationally, which shall be for necessary ex- 2 penses to reimburse, through grants or other mechanisms, 3 eligible health care providers for health care related ex- 4 penses or lost revenues that are attributable to 5 coronavirus. 6 (b) CONDITIONS.—The following conditions shall 7 apply with respect to funds appropriated by subsection 8 (a): 9 (1) Such funds may not be used to reimburse 10 expenses or losses that have been reimbursed from 11 other sources or that other sources are obligated to 12 reimburse. 13 (2) Recipients of payments under this section 14 shall submit reports and maintain documentation as 15 the Secretary of Health and Human Services (re- 16 ferred to in this section as the ‘‘Secretary’’) deter- 17 mines are needed to ensure compliance with condi- 18 tions that are imposed by this subsection for such 19 payments, and such reports and documentation shall 20 be in such form, with such content, and in such time 21 as the Secretary may prescribe for such purpose. 22 (3) The Secretary shall, on a rolling basis, re- 23 view applications and make payments under this sec- 24 tion. 25 VerDate Sep 11 2014 01:06 Apr 13, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S918.IS S918 kjohnson on DSK79L0C42PROD with BILLS 3 •S 918 IS (4) Funds appropriated under this section shall 1 be available for building or construction of tem- 2 porary structures, leasing of properties, medical sup- 3 plies and equipment including personal protective 4 equipment and testing supplies, increased workforce 5 and trainings, emergency operation centers, retro- 6 fitting facilities, and surge capacity. 7 (5) Payments under this section shall be made 8 in consideration of the most efficient payment sys- 9 tems practicable to provide emergency payment. 10 (6) To be eligible for a payment under this sec- 11 tion, an eligible health care provider shall submit to 12 the Secretary an application that includes a state- 13 ment justifying the need of the provider for the pay- 14 ment and the eligible health care provider shall have 15 a valid tax identification number. 16 (7) For any reimbursement by the Secretary 17 from the Provider Relief Fund to an eligible health 18 care provider that is a subsidiary of a parent organi- 19 zation, the parent organization may, allocate 20 (through transfers or otherwise) all or any portion 21 of such reimbursement among the subsidiary eligible 22 health care providers of the parent organization, in- 23 cluding reimbursements referred to by the Secretary 24 as ‘‘Targeted Distribution’’ payments, among sub- 25 VerDate Sep 11 2014 01:06 Apr 13, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S918.IS S918 kjohnson on DSK79L0C42PROD with BILLS 4 •S 918 IS sidiary eligible health care providers of the parent 1 organization, except that responsibility for reporting 2 the reallocated reimbursement shall remain with the 3 original recipient of such reimbursement. 4 (8) For any reimbursement from the Provider 5 Relief Fund to an eligible health care provider for 6 health care related expenses or lost revenues that 7 are attributable to coronavirus (including reimburse- 8 ments made before the date of the enactment of this 9 Act), such provider may calculate such lost revenues 10 using the Frequently Asked Questions guidance re- 11 leased by the Department of Health and Human 12 Services in June 2020, including the difference be- 13 tween such provider’s budgeted and actual revenue 14 budget if such budget had been established and ap- 15 proved prior to March 27, 2020. 16 (9) Not later than 3 years after final payments 17 are made under this section, the Office of Inspector 18 General of the Department of Health and Human 19 Services shall transmit a final report on audit find- 20 ings with respect to this program to the Committee 21 on Appropriations of the Senate and the Committee 22 on Appropriations of the House of Representatives. 23 (10) Nothing in this section limits the authority 24 of the Inspector General or the Comptroller General 25 VerDate Sep 11 2014 01:06 Apr 13, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S918.IS S918 kjohnson on DSK79L0C42PROD with BILLS 5 •S 918 IS of the United States to conduct audits of interim 1 payments at an earlier date. 2 (11) Not later than 60 days after the date of 3 enactment of this Act, the Secretary shall provide a 4 report to the Committee on Appropriations of the 5 Senate and the Committee on Appropriations of the 6 House of Representatives on the obligation of funds, 7 including obligations to such eligible health care pro- 8 viders, summarized by State of the payment receipt. 9 Such report shall be updated and submitted to such 10 Committees every 60 days until funds are expended. 11 (c) APPLICATION OF REQUIREMENTS, RULES, AND 12 PROCEDURES.—The Secretary shall apply any require- 13 ments, rules, or procedures as the Secretary determines 14 appropriate for the efficient execution of this section. 15 (d) APPLICATION OF PROVISIONS.—Amounts appro- 16 priated pursuant to this section and pursuant to title II 17 of Public Law 117–2 shall be subject to the requirements 18 contained in Public Law 116–260 for funds for programs 19 authorized under sections 330 through 340 of the Public 20 Health Service Act (42 U.S.C. 254b through 256). 21 (e) DEFINITIONS.—For purposes of this section: 22 (1) The term ‘‘eligible health care providers’’ 23 means public entities, Medicare or Medicaid enrolled 24 suppliers and providers, and such for-profit entities 25 VerDate Sep 11 2014 01:06 Apr 13, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S918.IS S918 kjohnson on DSK79L0C42PROD with BILLS 6 •S 918 IS and not-for-profit entities not otherwise described in 1 this paragraph as the Secretary may specify, within 2 the United States (including territories), that pro- 3 vide diagnoses, testing, or care for individuals with 4 possible or actual cases of COVID–19. 5 (2) The term ‘‘payment’’ means a pre-payment, 6 prospective payment, or retrospective payment, as 7 the Secretary determines appropriate. 8 SEC. 3. RURAL HEALTH CLINIC PAYMENTS. 9 (a) IN GENERAL.—Section 1833(f)(3) of the Social 10 Security Act (42 U.S.C. 1395l(f)(3)) is amended— 11 (1) in subparagraph (A)— 12 (A) in clause (i), by striking subclauses (I) 13 and (II) and inserting the following: 14 ‘‘(I) with respect to a rural 15 health clinic that had a per visit pay- 16 ment amount established for services 17 furnished in 2020— 18 ‘‘(aa) the per visit payment 19 amount applicable to such rural 20 health clinic for rural health clin- 21 ic services furnished in 2020, in- 22 creased by the percentage in- 23 crease in the MEI applicable to 24 VerDate Sep 11 2014 01:06 Apr 13, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S918.IS S918 kjohnson on DSK79L0C42PROD with BILLS 7 •S 918 IS primary care services furnished 1 as of the first day of 2021; or 2 ‘‘(bb) the limit described in 3 paragraph (2)(A); and 4 ‘‘(II) with respect to a rural 5 health clinic that did not have a per 6 visit payment amount established for 7 services furnished in 2020— 8 ‘‘(aa) the per visit payment 9 amount applicable to such rural 10 health clinic for rural health clin- 11 ic services furnished in 2021; or 12 ‘‘(bb) the limit described in 13 paragraph (2)(A); and’’; and 14 (B) in clause (ii)(I), by striking ‘‘under 15 clause (i)(I)’’ and inserting ‘‘under subclause 16 (I) or (II) of clause (i), as applicable,’’; and 17 (2) by striking subparagraph (B) and inserting 18 the following: 19 ‘‘(B) A rural health clinic described in this subpara- 20 graph is a rural health clinic that— 21 ‘‘(i) as of December 31, 2020, is in a hospital 22 with less than 50 beds and after such date such hos- 23 pital continues to have less than 50 beds (not taking 24 into account any increase in the number of beds pur- 25 VerDate Sep 11 2014 01:06 Apr 13, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S918.IS S918 kjohnson on DSK79L0C42PROD with BILLS 8 •S 918 IS suant to a waiver under subsection (b)(1)(A) of sec- 1 tion 1135 during the emergency period described in 2 subsection (g)(1)(B) of such section); and 3 ‘‘(ii)(I) as of December 31, 2020, was enrolled 4 under section 1866(j) (including temporary enroll- 5 ment during such emergency period for such emer- 6 gency period); or 7 ‘‘(II) submitted an application to enroll under 8 section 1866(j) (or a request for such a temporary 9 enrollment for such emergency period) that was re- 10 ceived not later than December 31, 2020.’’. 11 (b) EFFECTIVE DATE.—The amendments made by 12 this section shall take effect as if included in the enact- 13 ment of the Consolidated Appropriations Act, 2021 (Pub- 14 lic Law 116–260). 15 SEC. 4. RESCISSION OF APPROPRIATIONS FOR THE 16 CORONAVIRUS STATE FISCAL RECOVERY 17 FUND. 18 (a) RESCISSION.—Of the unobligated balances of 19 amounts appropriated under section 602(a)(1) of the So- 20 cial Security Act (as added by section 9901 of the Amer- 21 ican Rescue Plan Act of 2021 (Public Law 117–2)) on 22 the date of enactment of this Act, $12,300,000,000 is re- 23 scinded. 24 VerDate Sep 11 2014 01:06 Apr 13, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S918.IS S918 kjohnson on DSK79L0C42PROD with BILLS 9 •S 918 IS (b) CONFORMING AMENDMENTS.—Section 602 of the 1 Social Security Act (as added by section 9901 of the 2 American Rescue Plan Act of 2021 (Public Law 117–2)) 3 is amended— 4 (1) in subsection (a)(1), by striking 5 ‘‘$219,800,000,000’’ and inserting 6 ‘‘$207,500,000,000’’; and 7 (2) in subsection (b)(3)(A), by striking 8 ‘‘$195,300,000,000’’ and inserting 9 ‘‘$183,000,000,000’’. 10 SEC. 5. INDIVIDUALS NOT LAWFULLY PRESENT IN UNITED 11 STATES PRECLUDED FROM 2021 RECOVERY 12 REBATES. 13 (a) IN GENERAL.—Section 6428B(c) of the Internal 14 Revenue Code of 1986, as added by the American Rescue 15 Plan Act of 2021, is amended by striking ‘‘and’’ at the 16 end of paragraph (2), by redesignating paragraph (3) as 17 paragraph (4), and by inserting after paragraph (2) the 18 following new paragraph: 19 ‘‘(3) any individual who was not lawfully 20 present in the United States as of the date of the 21 enactment of the American Rescue Plan Act of 22 2021, and’’. 23 (b) EFFECTIVE DATE.—The amendments made by 24 this section shall take effect as if included in the enact- 25 VerDate Sep 11 2014 01:06 Apr 13, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S918.IS S918 kjohnson on DSK79L0C42PROD with BILLS 10 •S 918 IS ment of section 9601 of the American Rescue Plan Act 1 of 2021. 2 SEC. 6. INCARCERATED INDIVIDUALS PRECLUDED FROM 3 2021 RECOVERY REBATES. 4 (a) IN GENERAL.—Section 6428B(c) of the Internal 5 Revenue Code of 1986, as added by the American Rescue 6 Plan Act of 2021 and amended by the preceding provi- 7 sions of this Act, is amended by striking ‘‘and’’ at the 8 end of paragraph (3), by redesignating paragraph (4) as 9 paragraph (5), and by inserting after paragraph (3) the 10 following new paragraph: 11 ‘‘(4) any individual who was incarcerated on the 12 date of the enactment of the American Rescue Plan 13 Act of 2021, and’’. 14 (b) EFFECTIVE DATE.—The amendments made by 15 this section shall take effect as if included in the enact- 16 ment of section 9601 of the American Rescue Plan Act 17 of 2021. 18 SEC. 7. INDIVIDUALS NOT LAWFULLY PRESENT IN UNITED 19 STATES PRECLUDED FROM RECEIVING 20 COBRA CONTINUATION COVERAGE. 21 (a) IN GENERAL.—Section 9501(a)(3) of the Amer- 22 ican Rescue Plan Act of 2021 (Public Law 117–2) is 23 amended— 24 VerDate Sep 11 2014 01:06 Apr 13, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S918.IS S918 kjohnson on DSK79L0C42PROD with BILLS 11 •S 918 IS (1) in subparagraph (A), by striking at the end 1 ‘‘and’’; 2 (2) in subparagraph (B), by striking the period 3 at the end and inserting ‘‘; and’’; and 4 (3) by adding at the end the following new sub- 5 paragraph: 6 ‘‘(C) is lawfully present in the United 7 States as of the date of the enactment of this 8 Act.’’. 9 (b) EFFECTIVE DATE.—The amendments made by 10 subsection (a) shall take effect as if included in the enact- 11 ment of section 9501 of the American Rescue Plan Act 12 of 2021. 13 Æ VerDate Sep 11 2014 01:06 Apr 13, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\S918.IS S918 kjohnson on DSK79L0C42PROD with BILLS