[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 5007 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 5007

   To amend title XVIII of the Social Security Act to provide for an 
 increase in payment under part B of the Medicare program for certain 
                   services in response to COVID-19.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 10, 2020

Mr. Boozman (for himself, Mrs. Hyde-Smith, Mr. Cramer, Mr. Cotton, and 
 Ms. Collins) introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
   To amend title XVIII of the Social Security Act to provide for an 
 increase in payment under part B of the Medicare program for certain 
                   services in response to COVID-19.

    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 ``Holding Providers Harmless From 
Medicare Cuts During COVID-19 Act of 2020''.

SEC. 2. PROVIDING FOR AN INCREASE IN PAYMENT UNDER PART B OF THE 
              MEDICARE PROGRAM FOR CERTAIN SERVICES TO HOLD PROVIDERS 
              HARMLESS WHILE RESPONDING TO COVID-19.

    (a) In General.--Section 1833 of the Social Security Act (42 U.S.C. 
1395l) is amended by adding at the end the following new subsection:
    ``(dd) COVID-19 Relief Payments for Certain Services.--
            ``(1) In general.--In the case of an eligible service (as 
        defined in paragraph (2)(A)) furnished during a specified year 
        (as defined in paragraph (2)(C)) by a supplier for which 
        payment is made under (or based on) the fee schedule 
        established under section 1848, in addition to the amount of 
        payment that would otherwise be made for such service under 
        this part, there also shall be paid at the time such payment 
        under section 1848 is made an amount equal to the specified 
        hold harmless relief payment (as defined in paragraph (2)(B)) 
        for such service.
            ``(2) Definitions.--In this subsection:
                    ``(A) Eligible service.--
                            ``(i) In general.--The term `eligible 
                        service' means, with respect to a service 
                        furnished in a specified year by a supplier for 
                        which payment is made under (or based on) the 
                        fee schedule established under section 1848, 
                        any service (other than a service described in 
                        clause (ii)) for which the payment amount 
                        determined under (or based on) such fee 
                        schedule for such year and supplier is less 
                        than such payment amount that would have been 
                        determined under (or based on) such fee 
                        schedule for such service and supplier had such 
                        service been furnished in 2020.
                            ``(ii) Excluded services.--For purposes of 
                        clause (i), the services described in this 
                        clause are any of the following:
                                    ``(I) Services identified by any of 
                                HCPCS codes 99202 through 99205 or by 
                                HCPCS code 99211 (or any successor 
                                codes), but only if such service is 
                                billed in conjunction with HCPCS code 
                                G2211 (or a successor code).
                                    ``(II) Services identified by any 
                                of HCPCS codes 99212 through 99215 (or 
                                any successor codes).
                                    ``(III) Services identified by 
                                HCPCS code G2211 (or any successor 
                                code).
                    ``(B) Specified hold harmless relief payment.--The 
                term `specified hold harmless relief payment' means, 
                with respect to an eligible service furnished in a 
                specified year by a supplier, the difference between 
                the payment amount determined under (or based on) the 
                fee schedule established under section 1848 for such 
                year and supplier and such amount that would have been 
                determined under (or based on) such schedule for such 
                service and supplier had such service been furnished in 
                2020.
                    ``(C) Specified year.--The term `specified year' 
                means 2021 and 2022.
            ``(3) Coordination.--The amount of the additional payment 
        for a service under this subsection and subsection (m) shall be 
        determined without regard to any additional payment for the 
        service under subsection (m) and this subsection, respectively. 
        The amount of the additional payment for a service under this 
        subsection and subsection (z) shall be determined without 
        regard to any additional payment for the service under 
        subsection (z) and this subsection, respectively.
            ``(4) Clarification.--For purposes of this subsection, a 
        service for which payment is made under (or based on) the fee 
        schedule established under section 1848 includes a service 
        payable under section 1834(k).
            ``(5) Limitation on judicial review.--There shall be no 
        administrative or judicial review under section 1869, 1878, or 
        otherwise, respecting the identification of eligible services 
        under this subsection.''.
    (b) Conforming Amendment.--Section 1834(g)(2)(B) of the Social 
Security Act (42 U.S.C. 1395m(g)(2)(B)) is amended by striking ``(x) 
and (y)'' and inserting ``(x), (y), and (dd)''.
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