Coronavirus Testing Capacity Expansion Act

I 116TH CONGRESS 2D SESSION H. R. 8167 To amend the Paycheck Protection Program and Health Care Enhancement Act to expand the appropriations under the Public Health and Social Services Emergency Fund to include the scale up of testing by veterinary and biotechnology company laboratories, and for other purposes. IN THE HOUSE OF REPRESENTATIVES SEPTEMBER 4, 2020 Mr. CRIST introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Paycheck Protection Program and Health Care Enhancement Act to expand the appropriations under the Public Health and Social Services Emergency Fund to include the scale up of testing by veterinary and biotechnology company laboratories, and for other purposes. 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 ‘‘Coronavirus Testing 4 Capacity Expansion Act’’. 5 VerDate Sep 11 2014 23:48 Sep 05, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8167.IH H8167 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 8167 IH SEC. 2. EXPANSION OF APPROPRIATIONS AND ESTABLISH- 1 MENT OF DIRECT REIMBURSEMENT PRO- 2 GRAM. 3 (a) EXPANSION OF APPROPRIATIONS UNDER THE 4 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY 5 FUND.—The second paragraph of ‘‘Department of Health 6 and Human Serves—Office of the Secretary—Public 7 Health and Social Services Emergency Fund’’ of title I 8 of division B of the Paycheck Protection Program and 9 Health Care Enhancement Act (Public Law 116–139) is 10 amended by striking ‘‘and hospital laboratories’’ each 11 place it appears and inserting ‘‘hospital, veterinary, and 12 biotechnology company laboratories’’. 13 (b) DIRECT REIMBURSEMENT PROGRAM FOR CER- 14 TAIN COVID–19 ITEMS AND SERVICES.— 15 (1) IN GENERAL.—Notwithstanding any other 16 provision of law, during the specified period, the 17 Secretary of Health and Human Services (in this 18 subsection, referred to as the ‘‘Secretary’’) shall 19 carry out a program that reimburses an eligible enti- 20 ty that furnishes an eligible item or service. 21 (2) USE OF FUNDS.—In addition to the pur- 22 poses specified in the second paragraph of ‘‘Depart- 23 ment of Health and Human Serves—Office of the 24 Secretary—Public Health and Social Services Emer- 25 gency Fund’’ of title I of division B of the Paycheck 26 VerDate Sep 11 2014 23:48 Sep 05, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8167.IH H8167 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 8167 IH Protection Program and Health Care Enhancement 1 Act (Public Law 116–139), an eligible entity may 2 use funds to hire and train staff (including adminis- 3 trative staff or individuals who conduct testing for 4 COVID–19). 5 (3) CLAIMS FOR REIMBURSEMENT.— 6 (A) CLAIMS.—An eligible entity may only 7 submit to the Secretary a claim for reimburse- 8 ment of an eligible item or service furnished by 9 such entity. 10 (B) REIMBURSEMENT.—Upon receipt of a 11 valid claim for reimbursement described in sub- 12 paragraph (A), the Secretary shall reimburse an 13 eligible entity an amount for an eligible item or 14 service (as determined by the Secretary). 15 (4) PROHIBITION OF COST-SHARING.—An eligi- 16 ble entity may not impose any cost-sharing for an el- 17 igible item or service. 18 (c) DEFINITIONS.—In this Act: 19 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti- 20 ty’’ means— 21 (A) any laboratory that has not submitted 22 a claim for reimbursement for an eligible item 23 or service before the date of the enactment of 24 this Act; and 25 VerDate Sep 11 2014 23:48 Sep 05, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8167.IH H8167 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 8167 IH (B) any laboratory that is not a subsidiary 1 of a laboratory that has submitted a claim for 2 reimbursement for an eligible item or service 3 before the date of the enactment of this Act. 4 (2) ELIGIBLE ITEM OR SERVICE.—The term 5 ‘‘eligible item or service’’ is an item or service that 6 is specified under title I of the Paycheck Protection 7 Program and Health Care Enhancement Act (Public 8 Law 116–139). 9 (3) SPECIFIED PERIOD.—The term ‘‘specified 10 period’’ means the period— 11 (A) beginning on the first day of the emer- 12 gency period described in section 1135(g)(1)(B) 13 of the Social Security Act (42 U.S.C. 1320b– 14 5(g)(1)(B)); and 15 (B) ending on the date that is the later of 16 the— 17 (i) the last day of the emergency pe- 18 riod; or 19 (ii) the day on which funds appro- 20 priated under the second paragraph of 21 ‘‘Department of Health and Human 22 Serves—Office of the Secretary—Public 23 Health and Social Services Emergency 24 Fund’’ of title I of division B of the Pay- 25 VerDate Sep 11 2014 23:48 Sep 05, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8167.IH H8167 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 8167 IH check Protection Program and Health 1 Care Enhancement Act (Public Law 116– 2 139) are available. 3 Æ VerDate Sep 11 2014 23:48 Sep 05, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H8167.IH H8167 pbinns on DSKJLVW7X2PROD with BILLS