To provide for quality assurance of COVID-19 reimbursements and reporting.

I 116TH CONGRESS 2D SESSION H. R. 7037 To provide for quality assurance of COVID–19 reimbursements and reporting. IN THE HOUSE OF REPRESENTATIVES MAY 27, 2020 Mr. POSEY introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judi- ciary, 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 committee concerned A BILL To provide for quality assurance of COVID–19 reimbursements and reporting. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. QUALITY ASSURANCE OF COVID–19 REIM- 3 BURSEMENTS AND REPORTING. 4 (a) IN GENERAL.—Notwithstanding any other provi- 5 sion of law, no Federal funds shall be used for a reim- 6 bursement or payment for— 7 (1) COVID–19 testing of any individual unless 8 the request for such reimbursement or payment is 9 VerDate Sep 11 2014 03:52 Jun 18, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7037.IH H7037 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 7037 IH accompanied by evidence that the individual was 1 tested using a test that was approved, cleared, or 2 authorized under section 510(k), 513, 515, or 564 3 of the Federal Food, Drug, and Cosmetic Act (21 4 U.S.C. 360(k), 360c, 360e, 360bbb–3) for COVID– 5 19 diagnosis; or 6 (2) COVID–19 treatment of any individual un- 7 less the request for reimbursement or payment is ac- 8 companied by evidence that the person tested posi- 9 tive for COVID–19 using a test that was approved, 10 cleared, or authorized under section 510(k), 513, 11 515, or 564 of the Federal Food, Drug, and Cos- 12 metic Act (21 U.S.C. 360(k), 360c, 360e, 360bbb– 13 3) for COVID–19 diagnosis. 14 (b) QUALITY ASSURANCE OF REIMBURSEMENTS.— 15 For purposes of subsection (a), notwithstanding any other 16 provision of law, the head of any Federal agency author- 17 ized to make a reimbursement or payment for COVID– 18 19 testing or treatment of individuals shall review each 19 request presented for such reimbursement or payment 20 and— 21 (1) deny any request for such a reimbursement 22 or payment for COVID–19 testing of an individual 23 or, if reimbursement or payment has already been 24 made, cause to be recovered such reimbursement or 25 VerDate Sep 11 2014 03:52 Jun 18, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7037.IH H7037 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 7037 IH payment, unless the request is accompanied by evi- 1 dence that the individual was tested using a test 2 that was approved, cleared, or authorized under sec- 3 tion 510(k), 513, 515, or 564 of the Federal Food, 4 Drug, and Cosmetic Act (21 U.S.C. 360(k), 360c, 5 360e, 360bbb–3) for COVID–19 diagnosis as of the 6 date of the review of the head of the agency; 7 (2) deny any request for such a reimbursement 8 or payment for COVID–19 treatment of an indi- 9 vidual or, if reimbursement or payment has already 10 been made, cause to be recovered such reimburse- 11 ment or payment, unless the request is accompanied 12 by evidence that the individual tested positive for 13 COVID–19 using a test that was approved, cleared, 14 or authorized under section 510(k), 513, 515, or 15 564 of the Federal Food, Drug, and Cosmetic Act 16 (21 U.S.C. 360(k), 360c, 360e, 360bbb–3) for 17 COVID–19 diagnosis as of the date of the review of 18 the head of the agency; and 19 (3) provide to the Director of the Centers for 20 Disease Control and Prevention the results of such 21 review. 22 (c) CORRECTION OF REPORTS.—The Director of the 23 Centers for Disease Control and Prevention shall apply 24 VerDate Sep 11 2014 03:52 Jun 18, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7037.IH H7037 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 7037 IH the results provided to the Director under subsection 1 (b)(3) to— 2 (1) exclude from the official United States 3 count of cases of COVID–19 any individual reported 4 to have been positive for COVID–19 in a request 5 subject to review in subsection (b) but where the 6 agency head involved found the request was not ac- 7 companied by evidence that the individual had been 8 tested positive for COVID–19 using a test that was 9 approved, cleared, or authorized under section 10 510(k), 513, 515, or 564 of the Federal Food, 11 Drug, and Cosmetic Act (21 U.S.C. 360(k), 360c, 12 360e, 360bbb–3) for diagnosis of COVID–19; and 13 (2) exclude from the official United States 14 count of deaths due to COVID–19 any individual 15 who died and was reported to have been treated or 16 tested positive for COVID–19 in a request subject to 17 review under subsection (b) but where the agency 18 head involved found the request was not accom- 19 panied by evidence that the individual had been test- 20 ed positive for COVID–19 using a test that was ap- 21 proved, cleared, or authorized under section 510(k), 22 513, 515, or 564 of the Federal Food, Drug, and 23 Cosmetic Act (21 U.S.C. 360(k), 360c, 360e, 24 360bbb–3) for diagnosis of COVID–19. 25 VerDate Sep 11 2014 03:52 Jun 18, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7037.IH H7037 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 7037 IH (d) PENALTY.—Any person who knowingly reports a 1 false diagnosis of COVID–19 shall be imprisoned not more 2 than 10 years and fined under title 18, United States 3 Code, or both. 4 Æ VerDate Sep 11 2014 03:52 Jun 18, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H7037.IH H7037 pamtmann on DSKBC07HB2PROD with BILLS