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II
116TH CONGRESS
2D SESSION
S. 4423
To amend title XI of the Social Security Act to provide the Secretary of
Health and Human Services with the authority to temporarily modify
certain Medicare requirements for hospice care during the COVID public
health emergency.
IN THE SENATE OF THE UNITED STATES
AUGUST 4, 2020
Mr. BROWN (for himself and Mrs. CAPITO) introduced the following bill; which
was read twice and referred to the Committee on Finance
A BILL
To amend title XI of the Social Security Act to provide
the Secretary of Health and Human Services with the
authority to temporarily modify certain Medicare require-
ments for hospice care during the COVID public health
emergency.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘COVID–19 Hospice
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Respite Care Relief Act of 2020’’.
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•S 4423 IS
SEC. 2. SECRETARIAL AUTHORITY TO TEMPORARILY MOD-
1
IFY
CERTAIN
MEDICARE
REQUIREMENTS
2
FOR HOSPICE CARE DURING THE COVID PUB-
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LIC HEALTH EMERGENCY.
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(a) AUTHORITY.—The first sentence of section
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1135(b) of the Social Security Act (42 U.S.C. 1320b–
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5(b)) is amended—
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(1) in paragraph (7), by striking ‘‘and’’ at the
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end;
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(2) in paragraph (8), by striking the period at
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the end and inserting ‘‘; and’’; and
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(3) by inserting after paragraph (8) the fol-
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lowing new paragraph:
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‘‘(9)
the
limitations
under
section
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1861(dd)(1)(G) that respite care—
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‘‘(A) may only be provided in an inpatient
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setting; and
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‘‘(B) may not be provided consecutively for
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more than five days (except that the Secretary
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may not increase the number of consecutive
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days to more than 15 days).’’.
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(b) EMERGENCY PERIOD.—Section 1135(g)(1)(B) of
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the Social Security Act (42 U.S.C. 1320b–5(g)(1)(B)) is
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amended, in the matter preceding clause (i), by striking
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‘‘subsection (b)(8)’’ and inserting ‘‘paragraphs (8) and (9)
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of subsection (b)’’.
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•S 4423 IS
(c) IMPLEMENTATION.—Notwithstanding any other
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provision of law, the Secretary of Health and Human
2
Services may implement the amendments made by this
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section by interim final rule, program instruction, or oth-
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erwise.
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Æ
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