No Cost for COVID–19 Testing Act

I 116TH CONGRESS 2D SESSION H. R. 6213 To provide for coverage (without cost sharing or utilization management requirements) under group health plans and individual and group health insurance coverage of testing for COVID–19. IN THE HOUSE OF REPRESENTATIVES MARCH 11, 2020 Ms. WILSON of Florida (for herself, Ms. SCHRIER, Ms. DELBENE, Ms. DEGETTE, Mr. GRIJALVA, Mr. COURTNEY, Mr. SABLAN, Ms. BONAMICI, Mr. DESAULNIER, Ms. JAYAPAL, Mr. MORELLE, Mrs. MCBATH, Mrs. HAYES, Ms. SHALALA, Mr. LEVIN of Michigan, Mr. TRONE, Ms. STE- VENS, and Mr. SCOTT of Virginia) 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 jurisdiction of the com- mittee concerned A BILL To provide for coverage (without cost sharing or utilization management requirements) under group health plans and individual and group health insurance coverage of testing 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 VerDate Sep 11 2014 22:41 Mar 19, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6213.IH H6213 jbell on DSKJLSW7X2PROD with BILLS 2 •HR 6213 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘No Cost for COVID– 2 19 Testing Act’’. 3 SEC. 2. COVERAGE OF TESTING FOR COVID–19. 4 (a) IN GENERAL.—A group health plan and a health 5 insurance issuer offering group or individual health insur- 6 ance coverage (including a grandfathered health plan (as 7 defined in section 1251(e) of the Patient Protection and 8 Affordable Care Act)) shall provide coverage, and shall not 9 impose any cost sharing (including deductibles, copay- 10 ments, and coinsurance) requirements or prior authoriza- 11 tion or other utilization management requirements, for at 12 a minimum the following items and services furnished dur- 13 ing any portion of the emergency period defined in para- 14 graph (1)(B) of section 1135(g) of the Social Security Act 15 (42 U.S.C. 1320b–5(g)) beginning on or after the date 16 of the enactment of this Act: 17 (1) In vitro diagnostic products (as defined in 18 section 809.3(a) of title 21, Code of Federal Regula- 19 tions) for the detection of SARS–CoV–2 or the diag- 20 nosis of the virus that causes COVID-19 that are 21 approved, cleared, or authorized under section 22 510(k), 513, 515 or 564 of the Federal Food, Drug, 23 and Cosmetic Act, and the administration of such in 24 vitro diagnostic products. 25 VerDate Sep 11 2014 22:41 Mar 19, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6213.IH H6213 jbell on DSKJLSW7X2PROD with BILLS 3 •HR 6213 IH (2) Health care provider office visits, urgent 1 care center visits, and emergency room visits relat- 2 ing to testing for COVID–19. 3 (b) ENFORCEMENT.—The provisions of subsection 4 (a) shall be applied by the Secretary of Health and Human 5 Services, Secretary of Labor, and Secretary of the Treas- 6 ury to group health plans and health insurance issuers of- 7 fering group or individual health insurance coverage as if 8 included in the provisions of part A of title XXVII of the 9 Public Health Service Act, part 7 of the Employee Retire- 10 ment Income Security Act of 1974, and subchapter B of 11 chapter 100 of the Internal Revenue Code of 1986, as ap- 12 plicable. 13 (c) IMPLEMENTATION.—The Secretary of Health and 14 Human Services, Secretary of Labor, and Secretary of the 15 Treasury may implement the provisions of this section 16 through program instruction or otherwise. 17 (d) HEALTH INSURANCE TERMS.—The terms ‘‘group 18 health plan’’; ‘‘health insurance issuer’’; ‘‘group health in- 19 surance coverage’’, and ‘‘individual health insurance cov- 20 erage’’ have the meanings given such terms in section 21 2791 of the Public Health Service Act (42 U.S.C. 300gg– 22 91), section 733 of the Employee Retirement Income Se- 23 VerDate Sep 11 2014 22:41 Mar 19, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6213.IH H6213 jbell on DSKJLSW7X2PROD with BILLS 4 •HR 6213 IH curity Act of 1974 (29 U.S.C. 1191b), and section 9832 1 of the Internal Revenue Code of 1986, as applicable. 2 Æ VerDate Sep 11 2014 22:41 Mar 19, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H6213.IH H6213 jbell on DSKJLSW7X2PROD with BILLS