To provide funding relating to COVID-19 for high Medicaid providers, and for other purposes.

I 117TH CONGRESS 1ST SESSION H. R. 3219 To provide funding relating to COVID–19 for high Medicaid providers, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 13, 2021 Mr. RUSH (for himself and Mr. DANNY K. DAVIS of Illinois) introduced the following bill; which was referred to the Committee on Appropriations A BILL To provide funding relating to COVID–19 for high Medicaid 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. FUNDING FOR HIGH MEDICAID PROVIDERS RE- 3 LATING TO COVID–19. 4 (a) FUNDING.—In addition to amounts otherwise 5 available, there is appropriated to the Secretary, for fiscal 6 year 2021, out of any monies in the Treasury not other- 7 wise appropriated, $10,000,000,000 for purposes of mak- 8 ing payments to eligible high Medicaid health care pro- 9 viders for health care related expenses and lost revenues 10 VerDate Sep 11 2014 06:49 Jun 30, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3219.IH H3219 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 3219 IH that are attributable to COVID–19. Amounts appro- 1 priated under the preceding sentence shall remain avail- 2 able until expended. 3 (b) APPLICATION REQUIREMENT.—To be eligible for 4 a payment under this section, an eligible high Medicaid 5 health care provider shall submit to the Secretary an ap- 6 plication in such form and manner as the Secretary shall 7 prescribe. Such application shall contain the following: 8 (1) A statement justifying the need of the pro- 9 vider for the payment, including documentation of 10 the health care related expenses attributable to 11 COVID–19 and lost revenues attributable to 12 COVID–19. 13 (2) The tax identification number of the pro- 14 vider. 15 (3) Such assurances as the Secretary deter- 16 mines appropriate that the eligible high Medicaid 17 health care provider will maintain and make avail- 18 able such documentation and submit such reports 19 (at such time, in such form, and containing such in- 20 formation as the Secretary shall prescribe) as the 21 Secretary determines is necessary to ensure compli- 22 ance with any conditions imposed by the Secretary 23 under this section. 24 VerDate Sep 11 2014 06:49 Jun 30, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3219.IH H3219 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 3219 IH (4) Any other information determined appro- 1 priate by the Secretary. 2 (c) LIMITATION.—Payments made to an eligible high 3 Medicaid health care provider under this section may not 4 be used to reimburse any expense or loss that— 5 (1) has been reimbursed from another source; 6 or 7 (2) another source is obligated to reimburse. 8 (d) APPLICATION OF REQUIREMENTS, RULES, AND 9 PROCEDURES.—The Secretary shall apply any require- 10 ments, rules, or procedures as the Secretary deems appro- 11 priate for the efficient execution of this section. 12 (e) DEFINITIONS.—In this section: 13 (1) ELIGIBLE HIGH MEDICAID HEALTH CARE 14 PROVIDER.—The term ‘‘eligible high Medicaid health 15 care provider’’ means a provider of supplier that— 16 (A) is enrolled with a State Medicaid plan 17 under title XIX (or a waiver of such plan); 18 (B) provides diagnoses, testing, or care for 19 individuals with possible or actual cases of 20 COVID–19; and 21 (C) is either— 22 (i) a disproportionate share hospitals 23 described in Section 1923(b) of the Social 24 Security Act; 25 VerDate Sep 11 2014 06:49 Jun 30, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3219.IH H3219 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 3219 IH (ii) a children’s hospitals described in 1 Section 1886(d)(1)(B)(iii) of the Social Se- 2 curity Act and Section 340E of the Public 3 Health Service Act; 4 (iii) a physician or other practitioner 5 described Section 1903(t)(2) of the Social 6 Security Act (42 U.S.C. 1396b(t)(2)(A)); 7 or 8 (iv) such other providers and suppliers 9 as the Secretary determines should be ap- 10 propriately considered to be included based 11 on high caseloads of patients eligible under 12 title XIX of the Social Security Act. 13 (2) HEALTH CARE RELATED EXPENSES AT- 14 TRIBUTABLE TO COVID–19.—The term ‘‘health care 15 related expenses attributable to COVID–19’’ means 16 health care related expenses to prevent, prepare for, 17 and respond to COVID–19, including the building or 18 construction of a temporary structure, the leasing of 19 a property, the purchase of medical supplies and 20 equipment, including personal protective equipment 21 and testing supplies, providing for increased work- 22 force and training (including maintaining staff, ob- 23 taining additional staff, or both), the operation of an 24 emergency operation center, retrofitting a facility, 25 VerDate Sep 11 2014 06:49 Jun 30, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3219.IH H3219 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 3219 IH providing for surge capacity, and other expenses de- 1 termined appropriate by the Secretary. 2 (3) LOST REVENUE ATTRIBUTABLE TO COVID– 3 19.—The term ‘‘lost revenue attributable to COVID– 4 19’’ has the meaning given that term in the Fre- 5 quently Asked Questions guidance released by the 6 Department of Health and Human Services in June 7 2020, including the difference between such pro- 8 vider’s budgeted and actual revenue if such budget 9 had been established and approved prior to March 10 27, 2020. 11 (4) PAYMENT.—The term ‘‘payment’’ includes, 12 as determined appropriate by the Secretary, a pre- 13 payment, a prospective payment, a retrospective pay- 14 ment, or a payment through a grant or other mecha- 15 nism. 16 Æ VerDate Sep 11 2014 06:49 Jun 30, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H3219.IH H3219 pbinns on DSKJLVW7X2PROD with BILLS