Public Health Emergency Pass-Through Payment Fairness Act of 2020

II 116TH CONGRESS 2D SESSION S. 4295 To amend title XVIII of the Social Security Act to ensure access to certain drugs and devices under the Medicare program. IN THE SENATE OF THE UNITED STATES JULY 23, 2020 Mr. PAUL introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVIII of the Social Security Act to ensure access to certain drugs and devices under the Medicare program. 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 ‘‘Public Health Emer- 4 gency Pass-Through Payment Fairness Act of 2020’’. 5 SEC. 2. ENSURING ACCESS TO CERTAIN DRUGS AND DE- 6 VICES. 7 (a) IN GENERAL.—Section 1833(t)(6) of the Social 8 Security Act (42 U.S.C. 1395l(t)(6)) is amended by add- 9 ing at the end the following new subparagraph: 10 VerDate Sep 11 2014 00:02 Aug 09, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4295.IS S4295 kjohnson on DSK79L0C42PROD with BILLS 2 •S 4295 IS ‘‘(K) AUTHORITY TO EXTEND PASS- 1 THROUGH TIME PERIOD.—The Secretary may 2 extend the limited period of pass-through pay- 3 ment and associated categories described under 4 subparagraphs (B) and (C) during an emer- 5 gency period described in section 6 1135(g)(1)(B), and the period during which 7 such an emergency extension is in effect shall 8 not be counted for purposes of calculating the 9 period during which pass-through status is in 10 effect under such subparagraphs after the 11 emergency period expires.’’. 12 (b) IMPLEMENTATION.—The Secretary of Health and 13 Human Services may implement the amendment made by 14 subsection (a) by interim final rule, program instructions, 15 or otherwise. 16 Æ VerDate Sep 11 2014 00:02 Aug 09, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6301 E:\BILLS\S4295.IS S4295 kjohnson on DSK79L0C42PROD with BILLS