[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4358 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4358

   To amend title XIX of the Social Security Act to allow States to 
provide coverage under the Medicaid program for vaccines and treatment 
 for COVID-19 for uninsured individuals without the imposition of cost 
             sharing requirements, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 29, 2020

Mr. Bennet (for himself, Mrs. Shaheen, Ms. Hirono, Ms. Harris, and Mr. 
  Blumenthal) 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 allow States to 
provide coverage under the Medicaid program for vaccines and treatment 
 for COVID-19 for uninsured individuals without the imposition of cost 
             sharing requirements, 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 ``Stronger Medicaid Response to the 
COVID-19 Pandemic Act''.

SEC. 2. OPTIONAL COVERAGE AT NO COST SHARING OF COVID-19 TREATMENT AND 
              VACCINES UNDER MEDICAID FOR UNINSURED INDIVIDUALS.

    (a) In General.--Section 1902(a)(10) of the Social Security Act (42 
U.S.C. 1396a(a)(10)) is amended, in the matter following subparagraph 
(G), by striking ``and any visit described in section 1916(a)(2)(G)'' 
and inserting the following: ``, any COVID-19 vaccine that is 
administered during any such portion (and the administration of such 
vaccine), any item or service that is furnished during any such portion 
for the treatment of COVID-19, including drugs approved or authorized 
under section 505 or 564 of the Federal Food, Drug, and Cosmetic Act, 
or, in the case of an individual who is diagnosed with or presumed to 
have COVID-19, during the period such individual is infected (or 
presumed infected) with COVID-19, the treatment of a condition that may 
complicate the treatment of COVID-19, the treatment of a COVID-19-
related condition that follows the treatment of, or hospitalization 
with, COVID-19, and any services described in section 1916(a)(2)(G)''.
    (b) Definition of Uninsured Individual.--
            (1) In general.--Subsection (ss) of section 1902 of the 
        Social Security Act (42 U.S.C. 1396a) is amended to read as 
        follows:
    ``(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 not covered by minimum 
essential coverage (as defined in section 5000A(f)(1) of the Internal 
Revenue Code of 1986).''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect and apply as if included in the enactment of 
        the Families First Coronavirus Response Act (Public Law 116-
        127).
    (c) Clarification Regarding Emergency Services for Certain 
Individuals.--For purposes of applying section 1903(v)(2)(A) of the 
Social Security Act (42 U.S.C. 1396b(v)(2)(A)), the care and services 
described in such section shall include the following:
            (1) In vitro diagnostic products (as defined in section 
        809.3(a) of title 21, Code of Federal Regulations), and the 
        administration of such products.
            (2) A COVID-19 vaccine (and the administration of such 
        vaccine).
            (3) Any item or service that is furnished for the treatment 
        of COVID-19 or a condition that may complicate the treatment of 
        COVID-19, the treatment of a COVID-19-related condition that 
        follows the treatment of, or hospitalization with, COVID-19, 
        and any services described in section 1916(a)(2)(G) of such Act 
        (42 U.S.C. 1396o(a)(2)(G)).
    (d) Emergency Medicaid for Individuals With Suspected COVID-19 
Infections.--For purposes of applying section 1903(v)(3) of the Social 
Security Act (42 U.S.C. 1396b(v)(3)), the term ``emergency medical 
condition'' (as defined in such section 1903(v)(3)) shall include, with 
respect to an individual, any concern that the individual may have 
contracted COVID-19.
    (e) Treatment of Assistance and Services Provided.--Beginning on 
the date of enactment of this Act--
            (1) the value of assistance or services provided to any 
        person under a program with respect to which a coronavirus 
        response law establishes or expands eligibility or benefits 
        shall not be considered income or resources; and
            (2)(A) any medical coverage or services provided to an 
        individual under subsection (v) of section 1903 of the Social 
        Security Act (42 U.S.C. 1396b) shall be considered treatment 
        for an emergency medical condition (as defined in subsection 
        (v)(3) of such section) for any purpose under any Federal, 
        State, or local law, including law relating to taxation, 
        welfare, and public assistance programs; and
            (B) a participating State or political subdivision of a 
        State shall not decrease any assistance otherwise provided to 
        an individual because of the receipt of benefits under the 
        Social Security Act (42 U.S.C. 301 et seq.).
    (f) Other Definitions.--In this section:
            (1) Coronavirus public health emergency.--The term 
        ``coronavirus public health emergency'' means--
                    (A) an emergency involving Federal primary 
                responsibility determined to exist by the President 
                under section 501(b) of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act (42 U.S.C. 5191(b)) 
                with respect to COVID-19 or any other coronavirus with 
                pandemic potential;
                    (B) an emergency declared by a Federal official 
                with respect to coronavirus (as defined in section 506 
                of the Coronavirus Preparedness and Response 
                Supplemental Appropriations Act, 2020 (Public Law 116-
                123));
                    (C) a national emergency declared by the President 
                under the National Emergencies Act (50 U.S.C. 1601 et 
                seq.) with respect to COVID-19 or any other coronavirus 
                with pandemic potential; and
                    (D) a public health emergency declared by the 
                Secretary of Health and Human Services pursuant to 
                section 319 of the Public Health Service Act (42 U.S.C. 
                247(d)) with respect to COVID-19 or any other 
                coronavirus with pandemic potential.
            (2) Coronavirus response law.--The term ``coronavirus 
        response law'' means--
                    (A) the Coronavirus Preparedness and Response 
                Supplemental Appropriations Act, 2020 (Public Law 116-
                123);
                    (B) the Families First Coronavirus Response Act 
                (Public Law 116-127);
                    (C) the Coronavirus Aid, Relief, and Economic 
                Security Act (Public Law 116-136); and
                    (D) any subsequent law that appropriates or 
                otherwise makes available funds, establishes, amends, 
                or expands a program, or authorizes activities or 
                assistance for a purpose that is expressly related to 
                responding to, or mitigating the effects of, a 
                coronavirus public health emergency.
    (g) Rule of Construction.--Nothing in this section shall be 
construed to limit--
            (1) the types of care and services that are necessary for 
        the treatment of an emergency condition for purposes of section 
        1903(v) of the Social Security Act (42 U.S.C. 1396b(v)); or
            (2) the types of medical conditions that are ``emergency 
        medical conditions'' for purposes of such section.
                                 <all>