[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8756 Introduced in House (IH)]

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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)''.
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