Increasing Hospital Capacity to Fight the Coronavirus Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 6336 To amend title XI of the Social Security Act to provide for a waiver of payment reductions under the Medicare and Medicaid programs for cer- tain nonapproved capital expenditures undertaken by health care facilities during the COVID-19 emergency. IN THE HOUSE OF REPRESENTATIVES MARCH 23, 2020 Mr. BISHOP of North Carolina (for himself, Mr. BANKS, and Mr. BUDD) in- troduced the following bill; which was referred to the Committee on En- ergy and Commerce, and in addition to the Committee on Ways and Means, 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 amend title XI of the Social Security Act to provide for a waiver of payment reductions under the Medicare and Medicaid programs for certain nonapproved capital expenditures undertaken by health care facilities during the COVID-19 emergency. 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 ‘‘Increasing Hospital 4 Capacity to Fight the Coronavirus Act of 2020’’. 5 VerDate Sep 11 2014 18:02 Apr 08, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6336.IH H6336 PAMTMANN on DSKBC07HB2PROD with BILLS 2 •HR 6336 IH SEC. 2. PROVIDING FOR A WAIVER OF PAYMENT REDUC- 1 TIONS UNDER THE MEDICARE AND MEDICAID 2 PROGRAMS FOR CERTAIN NONAPPROVED 3 CAPITAL EXPENDITURES UNDERTAKEN BY 4 HEALTH CARE FACILITIES DURING THE 5 COVID-19 EMERGENCY. 6 (a) IN GENERAL.—Section 1122(d) of the Social Se- 7 curity Act (42 U.S.C. 1320a–1(d)) is amended— 8 (1) in paragraph (1), by inserting ‘‘or (3)’’ 9 after ‘‘paragraph (2)’’; and 10 (2) by adding at the end the following new 11 paragraph: 12 ‘‘(3) No payment reduction shall be made pursuant 13 to paragraph (1) with respect to an obligation for a capital 14 expenditure made during the emergency period defined in 15 section 1135(g)(1)(B).’’. 16 (b) SENSE OF CONGRESS.—It is the sense of Con- 17 gress that any State requirement relating to the approval 18 of capital expenditures of health care facilities located in 19 such State (commonly referred to as ‘‘certificate of need 20 laws’’) should be waived for the duration of the emergency 21 period defined in section 1135(g)(1)(B) of the Social Secu- 22 rity Act (42 U.S.C. 1320b–5(g)(1)(B)). 23 Æ VerDate Sep 11 2014 18:02 Apr 08, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6301 E:\BILLS\H6336.IH H6336 PAMTMANN on DSKBC07HB2PROD with BILLS