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116TH CONGRESS
2D SESSION
H. R. 8322
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 HOUSE OF REPRESENTATIVES
SEPTEMBER 21, 2020
Mr. BALDERSON (for himself and Ms. SHALALA) introduced the following bill;
which was referred to the Committee on Ways and Means, and in addi-
tion to the Committee on Energy and Commerce, for a period to be sub-
sequently determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the committee concerned
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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•HR 8322 IH
SEC. 2. SECRETARIAL AUTHORITY TO TEMPORARILY MOD-
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IFY
CERTAIN
MEDICARE
REQUIREMENTS
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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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•HR 8322 IH
(c) IMPLEMENTATION.—Notwithstanding any other
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provision of law, the Secretary of Health and Human
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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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