COVID Health Care Provider Assurance Act of 2020
This bill provides for specific coverage and increased payment under Medicare for certain critical care services that are provided by physicians during the public health emergency relating to COVID-19 (i.e., coronavirus disease 2019).
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8756 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 8756
To amend title XVIII of the Social Security Act to ensure adequate
payment for certain physicians' services furnished under part B of the
Medicare program during the COVID-19 public health emergency.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 17, 2020
Mr. Riggleman introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committee on
Ways and Means, 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 amend title XVIII of the Social Security Act to ensure adequate
payment for certain physicians' services furnished under part B of the
Medicare program during the COVID-19 public health emergency.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``COVID Health Care Provider Assurance
Act of 2020''.
SEC. 2. ENSURING ADEQUATE PAYMENT FOR CERTAIN PHYSICIANS' SERVICES
FURNISHED UNDER PART B OF THE MEDICARE PROGRAM DURING THE
COVID-19 PUBLIC HEALTH EMERGENCY.
(a) Adjustment of Relative Value Units for Certain Services.--
(1) In general.--Section 1848(c)(2) of the Social Security
Act (42 U.S.C. 1395w-4(c)(2)) is amended by adding at the end
the following subparagraph:
``(P) Adjustment of relative value units for
certain services furnished during the covid-19 public
health emergency.--
``(i) In general.--In the case of a
qualifying service (as defined in clause (ii))
furnished during the period beginning on the
date of the enactment of this subparagraph and
ending on the last day of the emergency period
described in section 1135(g)(1)(B), the
Secretary shall increase the single combined
relative value unit applicable to such service
otherwise determined under this paragraph by 20
percent.
``(ii) Qualifying service defined.--For
purposes of clause (i), the term `qualifying
service' means critical care services,
ventilation management services, emergency
intubation services, services relating to the
placement of invasive monitoring lines and
transesophageal echocardiography, bronchoscopy
services, chest tube insertion services, and
feeding tube insertion services, as specified
by the Secretary.''.
(2) Nonapplication of budget neutrality.--Section
1848(c)(2)(B)(iv) of the Social Security Act (42 U.S.C. 1395w-
4(c)(2)(B)(iv)) is amended--
(A) in subclause (III), by striking ``and'' at the
end;
(B) in subclause (IV), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following new
subclause:
``(V) subparagraph (P) shall not be
taken into account in applying clause
(ii)(II).''.
(b) Adjustment of the Separate Conversion Factor for Anesthesia
Services.--
(1) In general.--Section 1848(d)(1)(D) of the Social
Security Act (42 U.S.C. 1395w-4(d)(1)(D)) is amended--
(A) by striking ``The separate'' and inserting the
following:
``(i) In general.--Subject to clause (ii),
the separate''; and
(B) by adding at the end the following new clause:
``(ii) Special rule during the covid-19
public health emergency.--The separate
conversion factor for anesthesia services
furnished during the period beginning on the
date of the enactment of this clause and ending
on the last day of the emergency period
described in section 1135(g)(1)(B) shall be
equal to such factor otherwise applicable under
clause (i), increased by 20 percent.''.
(2) Nonapplication of budget neutrality.--Section
1848(c)(2)(B)(iv) of the Social Security Act (42 U.S.C. 1395w-
4(c)(2)(B)(iv)), as amended by subsection (a)(2), is further
amended--
(A) in subclause (IV), by striking ``and'' at the
end;
(B) in subclause (V), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following new
subclause:
``(VI) subsection (d)(1)(D)(ii)
shall not be taken into account in
applying clause (ii)(II).''.
(c) Ensuring Payment for Certain Critical Care Services.--
(1) Coverage.--Section 1861(s)(2) of the Social Security
Act (42 U.S.C. 1395x(s)(2)) is amended--
(A) in subparagraph (GG), by striking ``and'' after
the semicolon at the end;
(B) in subparagraph (HH), by striking the period at
the end and adding ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(II) specified critical care services (as defined in
subsection (kkk)) furnished during the period beginning on the
date of the enactment of this subparagraph and ending on the
last day of the emergency period described in section
1135(g)(1)(B) to an inpatient of a hospital or a critical
access hospital;''.
(2) Specified critical care services defined.--Section 1861
of the Social Security Act (42 U.S.C. 1395x) is amended by
adding at the end the following new subsection:
``(kkk) Specified Critical Care Services.--
``(1) In general.--The term `specified critical care
services' means--
``(A) physicians' services not separately payable
under part B as of the day before the date of the
enactment of this subsection which the Secretary
determines are necessary for the treatment of
individuals with COVID-19; and
``(B) physicians' services furnished by a physician
or practitioner (as defined in section 1842(b)(18)(C)),
in conjunction with a physician or practitioner that is
otherwise billing for such services under such part, to
an individual for the treatment of COVID-19 that the
Secretary determines need to be furnished by more than
1 physician or practitioner.
``(2) Limitation on multiple billings.--The Secretary may
establish such limits as the Secretary determines appropriate
with respect to the number of physicians and practitioners who
may bill for a service described in paragraph (1)(B).''.
(3) Payment; cost sharing.--
(A) In general.--Section 1833(a)(1) of the Social
Security Act (42 U.S.C. 1395l(a)(1)) is amended--
(i) by striking ``and'' before ``(DD)'';
and
(ii) by inserting before the semicolon at
the end the following: ``, and (EE) with
respect to specified critical care services (as
defined in section 1861(kkk)), the amount paid
shall be an amount equal to 100 percent of the
lesser of the amount charged for the services
and the payment amount for such services
determined under the payment basis under
section 1848''.
(B) Nonapplication of deductible.--Section 1833(b)
of the Social Security Act (42 U.S.C. 1395l(b)) is
amended--
(i) by striking ``and (12)'' and inserting
``(12)''; and
(ii) by striking ``1861(s)(10)(A).'' and
inserting ``1861(s)(10)(A), and (13) such
deductible shall not apply with respect to
specified critical care services (as defined in
section 1861(kkk)).''.
(C) Inclusion as physicians' services.--Section
1848(j)(3) of the Social Security Act (42 U.S.C. 1395w-
4(j)(3)) is amended by inserting ``(2)(II),'' before
``(3)''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, 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.
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, 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.
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