[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3564 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 3564

  To amend title XIX of the Social Security Act to require States to 
    provide medical assistance for COVID-19 treatment services for 
  individuals who are diagnosed with COVID-19, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 22, 2020

 Mr. Casey (for himself and Mr. Booker) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
  To amend title XIX of the Social Security Act to require States to 
    provide medical assistance for COVID-19 treatment services for 
  individuals who are diagnosed with COVID-19, and for other purposes.

    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 ``Ensuring Treatment for COVID Act''.

SEC. 2. MANDATORY COVERAGE OF COVID-19 TREATMENT.

    (a) In General.--Section 1902 of the Social Security Act (42 U.S.C. 
1396a), as amended by section 6004 of the Families First Coronavirus 
Response Act, is amended--
            (1) in subsection (a)--
                    (A) subparagraph (A)--
                            (i) in clause (i)--
                                    (I) in subclause (VIII), by 
                                striking ``; or'' and inserting a 
                                semicolon; and
                                    (II) by inserting after subclause 
                                (IX) the following new subclauses:
                                    ``(X) 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)); or
                                    ``(XI) who are uninsured 
                                individuals who reside in one of the 50 
                                States or the District of Columbia and 
                                have been diagnosed with COVID-19 or 
                                the virus that causes COVID-19;''; and
                            (ii) in clause (ii)--
                                    (I) in subclause (XXI), by 
                                inserting ``or'' at the end;
                                    (II) in subclause (XXII), by 
                                striking ``or'' at the end; and
                                    (III) by striking subclause 
                                (XXIII); and
                    (B) in the matter following subparagraph (G)--
                            (i) by striking ``and (XVIII)'' and 
                        inserting ``(XVIII)'';
                            (ii) by striking ``and (XVIII)'' and 
                        inserting ``(XVIII)'';
                            (iii) by striking ``who is eligible for 
                        medical assistance only because of subparagraph 
                        (A)(ii)(XXIII)'' and inserting ``who is 
                        eligible for medical assistance only because of 
                        subparagraph (A)(i)(X)''; and
                            (iv) by striking ``and any visit described 
                        in section 1916(a)(2)(G) that is furnished 
                        during any such portion'' and inserting ``and 
                        any service described in section 1916(a)(2)(G) 
                        that is furnished during any such portion, and 
                        (XIX) the medical assistance made available to 
                        an individual who is eligible for medical 
                        assistance only because of subclause (XI) of 
                        subparagraph (A)(i) shall be limited to medical 
                        assistance for services that are related to 
                        treating COVID-19, and shall only be made 
                        available to such individual during the 1-year 
                        period following the date of such individual's 
                        enrollment under the State plan or waiver (or 
                        for such longer period as the State may elect 
                        if the individual continues to require 
                        treatment for COVID-19 after the end of such 1-
                        year period)''; and
            (2) in subsection (ss)--
                    (A) in paragraph (1), by inserting ``subclauses (I) 
                through (IX) of'' before ``subsection (a)(10)(A)(i)''; 
                and
                    (B) in paragraph (2), by inserting ``(unless such 
                individual is only enrolled for medical assistance 
                under this title under subclause (X) of subsection 
                (a)(10)(A)(i))'' after ``1128B(f))''.
    (b) Coverage of COVID-19 Treatment as a Mandatory Service.--Section 
1905(a)(4) of the Social Security Act (42 U.S.C. 1396d(a)(4)) is 
amended--
            (1) by striking ``and (D)'' and inserting ``(D)''; and
            (2) by striking the semicolon at the end and inserting ``; 
        and (E) items and services furnished for the treatment of 
        COVID-19;''.
    (c) Prohibition of Cost Sharing.--
            (1) In general.--Subsections (a)(2) and (b)(2) of section 
        1916 of the Social Security Act (42 U.S.C. 1396o), as amended 
        by section 6004(a)(2)(A) of the Families First Coronavirus 
        Response Act, are each amended--
                    (A) in subparagraph (F), by striking ``or'' at the 
                end;
                    (B) in subparagraph (G), by striking ``; and'' and 
                inserting ``, or''; and
                    (C) by adding at the end the following 
                subparagraphs:
                    ``(H) a COVID-19 vaccine licensed under section 351 
                of the Public Health Service Act and the administration 
                of such vaccine, or
                    ``(I) any item or service furnished for the 
                treatment of COVID-19; and''.
            (2) Application to alternative cost sharing.--Section 
        1916A(b)(3)(B) of the Social Security Act (42 U.S.C. 1396o-
        1(b)(3)(B)), as amended by section 6004(a)(2)(B) of the 
        Families First Coronavirus Response Act, is amended--
                    (A) in clause (xi), by striking ``any visit'' and 
                inserting ``any service''; and
                    (B) by adding at the end the following clauses:
                            ``(xii) A COVID-19 vaccine licensed under 
                        section 351 of the Public Health Service Act 
                        and the administration of such vaccine.
                            ``(xiii) An item or service furnished for 
                        the treatment of COVID-19.''.
            (3) Clarification.--The amendments made this subsection 
        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.
    (d) Receipt and Processing of Applications at Certain Locations.--
Section 1902(a)(55) of the Social Security Act (42 U.S.C. 
1396a(a)(55)), as amended by section 6004 of the Families First 
Coronavirus Response Act, is amended by striking ``or 
(a)(10)(A)(ii)(XXIII)'' and inserting ``(a)(10)(A)(i)(X), or 
(a)(10)(A)(i)(XI)''.
    (e) Federal Medical Assistance Percentage.--
            (1) In general.--Section 1905 of the Social Security Act 
        (42 U.S.C. 1396d) is amended--
                    (A) in subsection (b), by striking ``and (ff)'' and 
                inserting ``(ff), and (gg)''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(gg) Enhanced FMAP for Medical Assistance for COVID-19 
Treatment.--Notwithstanding subsection (b), the Federal medical 
assistance percentage for a State that is one of the 50 States or the 
District of Columbia, with respect to amounts expended by such State 
for medical assistance for individuals who are only eligible for such 
assistance because of section 1902(a)(10)(A)(i)(XI) shall be equal to 
100 percent.''.
            (2) Conforming amendment.--Section 1905(b) of the Social 
        Security Act (42 U.S.C. 1396d(b)), as amended by 6004(a)(3)(D) 
        of the Families First Coronavirus Response Act, is amended by 
        striking ``section 1902(a)(10)(A)(ii)(XXIII)'' and inserting 
        ``section 1902(a)(10)(A)(i)(X)''.
    (f) Enhanced Provider Payments for Services to Treat COVID-19.--
Section 1902(a)(13) of the Social Security Act (42 U.S.C. 1396a(a)(13)) 
is amended--
            (1) in subparagraph (B), by striking ``; and'' and 
        inserting a semicolon;
            (2) in subparagraph (C), by striking the semicolon at the 
        end and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(D) payment for services to treat COVID-19 at a 
                rate not less than 125 percent of the payment rate that 
                would apply to such services if they were provided 
                under title XVIII;''.
    (g) Nonapplication of Certain Requirements.--With respect to 
medical assistance that is available under a State plan under title XIX 
of the Social Security Act (42 U.S.C. 1396 et seq.) or a waiver of such 
a plan pursuant to subclause (X) or (XI) of section 1902(a)(10)(A)(i) 
of such Act (42 U.S.C. 1396a(a)(10)(A)(i))--
            (1) subsections (a)(1) and (d) of section 1137 of such Act 
        (42 U.S.C. 1320b-7) shall not apply to individuals seeking 
        medical assistance under either such subclause;
            (2) notwithstanding the last sentence of section 1902(a) of 
        such Act (42 U.S.C. 1396a(a)) or any other provision of law, 
        payment may be made to the State for expenditures for medical 
        assistance furnished to an individual who is enrolled for 
        medical assistance pursuant to either such subclause without 
        regard to whether such individual is lawfully residing in the 
        United States; and
            (3) the limitations on payment imposed by subsection (f) of 
        section 1903 of such Act (42 U.S.C. 1396b) shall not apply with 
        respect amounts expended by the State for medical assistance 
        furnished to an individual who is enrolled under either such 
        subclause.
    (h) State Requirement To Streamline Applications.--During any 
portion of the emergency period defined in paragraph (1)(B) of section 
1135(g) of the Social Security Act beginning on or after the date of 
enactment of this Act, each State shall permit an individual who is 
enrolled for medical assistance under the State plan under title XIX of 
such Act, or a waiver of such plan, under subclause (X) of section 
1902(a)(10)(A)(i) of such Act to enroll for medical assistance under 
subclause (XI) of such section without requiring a new application from 
the individual. Nothing in the preceding sentence shall be construed as 
requiring that an individual first be enrolled under subclause of (X) 
of section 1902(a)(10)(A)(i) of the Social Security Act in order to 
enroll under subclause (XI) of such section.
                                 <all>