[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6244 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 6244

   To amend titles XVIII and XIX to provide for coverage at no cost 
 sharing of COVID-19 testing under the Medicaid program and Children's 
                       Health Insurance Program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 12, 2020

  Ms. Kelly of Illinois (for herself, Ms. Sewell of Alabama, and Mr. 
 DeSaulnier) introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
   To amend titles XVIII and XIX to provide for coverage at no cost 
 sharing of COVID-19 testing under the Medicaid program and Children's 
                       Health Insurance Program.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. COVERAGE AT NO COST SHARING OF COVID-19 TESTING UNDER 
              MEDICAID AND CHIP.

    (a) Medicaid.--
            (1) In general.--Section 1905(a)(3) of the Social Security 
        Act (42 U.S.C. 1396d(a)(3)) is amended--
                    (A) by striking ``other laboratory'' and inserting 
                ``(a) other laboratory'';
                    (B) by inserting ``and'' after the semicolon; and
                    (C) by adding at the end the following new 
                subparagraph:
            ``(B) in vitro diagnostic products (as defined in section 
        809.3(a) of title 21, Code of Federal Regulations) administered 
        during any portion of the emergency period defined in paragraph 
        (1)(B) of section 1135(g) beginning on or after the date of the 
        enactment of this subparagraph for the detection of SARS-CoV-2 
        or the diagnosis of the virus that causes COVID-19 that are 
        approved, cleared, or authorized under section 510(k), 513, 
        515, or 564 of the Federal Food, Drug, and Cosmetic Act, and 
        the administration of such in vitro diagnostic products;''.
            (2) No cost sharing.--
                    (A) In general.--Subsections (a)(2) and (b)(2) of 
                section 1916 of the Social Security Act (42 U.S.C. 
                1396o) are each amended--
                            (i) in subparagraph (D), by striking ``or'' 
                        at the end;
                            (ii) in subparagraph (E), by striking ``; 
                        and'' and inserting a comma; and
                            (iii) by adding at the end the following 
                        new subparagraphs:
                    ``(F) any in vitro diagnostic product described in 
                section 1905(a)(3)(B) that is administered during any 
                portion of the emergency period described in such 
                section beginning on or after the date of the enactment 
                of this subparagraph (and the administration of such 
                product), or
                    ``(G) any medical visit for which payment may be 
                made under the State plan, that is furnished during any 
                such portion of such emergency period, and that relates 
                to testing for COVID-19; and''.
                    (B) Application to alternative cost sharing.--
                Section 1916A(b)(3)(B) of the Social Security Act (42 
                U.S.C. 1396o-1(b)(3)(B)) is amended by adding at the 
                end the following new clause:
                            ``(xi) Any in vitro diagnostic product 
                        described in section 1905(a)(3)(B) that is 
                        administered during any portion of the 
                        emergency period described in such section 
                        beginning on or after the date of the enactment 
                        of this clause (and the administration of such 
                        product) and any visit described in section 
                        1916(a)(2)(G) that is furnished during any such 
                        portion.''.
                    (C) Clarification.--The amendments made this 
                paragraph shall apply with respect to a State plan of a 
                territory in the same manner as a State plan of one of 
                the 50 States.
            (3) State option to provide coverage for uninsured 
        individuals.--
                    (A) In general.--Section 1902(a)(10) of the Social 
                Security Act (42 U.S.C. 1396a(a)(10)) is amended--
                            (i) in subparagraph (A)(ii)--
                                    (I) in subclause (XXI), by striking 
                                ``or'' at the end;
                                    (II) in subclause (XXII), by adding 
                                ``or'' at the end; and
                                    (III) by adding at the end the 
                                following new subclause:
                                    ``(XXIII) during any portion of the 
                                emergency period defined in paragraph 
                                (1)(B) of section 1135(g) beginning on 
                                or after the date of the enactment of 
                                this subclause, who are uninsured 
                                individuals (as defined in subsection 
                                (ss));''; and
                            (ii) in the matter following subparagraph 
                        (G)--
                                    (I) by striking ``and (XVII)'' and 
                                inserting ``, (XVII)''; and
                                    (II) by inserting after ``instead 
                                of through subclause (VIII)'' the 
                                following: ``, and (XVIII) the medical 
                                assistance made available to an 
                                uninsured individual (as defined in 
                                subsection (ss)) who is eligible for 
                                medical assistance only because of 
                                subparagraph (A)(ii)(XXIII) shall be 
                                limited to medical assistance for any 
                                in vitro diagnostic product described 
                                in section 1905(a)(3)(B) that is 
                                administered during any portion of the 
                                emergency period described in such 
                                section beginning on or after the date 
                                of the enactment of this subclause (and 
                                the administration of such product) and 
                                any visit described in section 
                                1916(a)(2)(G) that is furnished during 
                                any such portion''.
                    (B) Receipt and initial processing of applications 
                at certain locations.--Section 1902(a)(55) of the 
                Social Security Act (42 U.S.C. 1396a(a)(55)) is 
                amended, in the matter preceding subparagraph (A), by 
                striking ``or (a)(10)(A)(ii)(IX)'' and inserting 
                ``(a)(10)(A)(ii)(IX), or (a)(10)(A)(ii)(XXIII)''.
                    (C) Uninsured individual defined.--Section 1902 of 
                the Social Security Act (42 U.S.C. 1396a) is amended by 
                adding at the end the following new subsection:
    ``(ss) Uninsured Individual Defined.--For purposes of this section, 
the term `uninsured individual' means, notwithstanding any other 
provision of this title, any individual who is--
            ``(1) not described in subsection (a)(10)(A)(i); and
            ``(2) not enrolled in a Federal health care program (as 
        defined in section 1128B(f)), a group health plan, group or 
        individual health insurance coverage offered by a health 
        insurance issuer (as such terms are defined in section 2791 of 
        the Public Health Service Act), or a health plan offered under 
        chapter 89 of title 5, United States Code.''.
                    (D) Federal medical assistance percentage.--Section 
                1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) 
                is amended by adding at the end the following new 
                sentence: ``Notwithstanding the first sentence of this 
                section, the Federal medical assistance percentage 
                shall be 100 per centum with respect to (and, 
                notwithstanding any other provision of this title, 
                available for) medical assistance provided to uninsured 
                individuals (as defined in section 1902(ss)) who are 
                eligible for such assistance only on the basis of 
                section 1902(a)(10)(A)(ii)(XXIII) and with respect to 
                expenditures described in section 1903(a)(7) that a 
                State demonstrates to the satisfaction of the Secretary 
                are attributable to administrative costs related to 
                providing for such medical assistance to such 
                individuals under the State plan.''.
    (b) CHIP.--
            (1) In general.--Section 2103(c) of the Social Security Act 
        (42 U.S.C. 1397cc(c)) is amended by adding at the end the 
        following paragraph:
            ``(9) Certain in vitro diagnostic products for covid-19 
        testing.--The child health assistance provided to a targeted 
        low-income child shall include coverage of any in vitro 
        diagnostic product described in section 1905(a)(3)(B) that is 
        administered during any portion of the emergency period 
        described in such section beginning on or after the date of the 
        enactment of this subparagraph (and the administration of such 
        product).''.
            (2) Coverage for targeted low-income pregnant women.--
        Section 2112(b)(4) of the Social Security Act (42 U.S.C. 
        1397ll(b)(4)) is amended by inserting ``under section 2103(c)'' 
        after ``same requirements''.
            (3) Prohibition of cost sharing.--Section 2103(e)(2) of the 
        Social Security Act (42 U.S.C. 1397cc(e)(2)) is amended--
                    (A) in the paragraph header, by inserting ``, 
                covid-19 testing,'' before ``or pregnancy-related 
                assistance''; and
                    (B) by striking ``category of services described in 
                subsection (c)(1)(D) or'' and inserting ``categories of 
                services described in subsection (c)(1)(D), in vitro 
                diagnostic products described in subsection (c)(9) (and 
                administration of such products), visits described in 
                section 1916(a)(2)(G), or''.
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