[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5782 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 5782

     To ensure access to cost-free rabies postexposure prophylaxis.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 28, 2023

   Mr. Bera 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 ensure access to cost-free rabies postexposure prophylaxis.

    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 ``Affordable Rabies Treatment for All 
Act of 2023''.

SEC. 2. REQUIRING THE SECRETARY OF HEALTH AND HUMAN SERVICES TO 
              ESTABLISH A PROGRAM TO REIMBURSE HEALTH CARE PROVIDERS 
              FOR FURNISHING RABIES POSTEXPOSURE PROPHYLAXIS AND 
              RELATED SERVICES TO UNINSURED INDIVIDUALS.

    (a) In General.--The Secretary of Health and Human Services shall 
establish a program under which--
            (1) program-registered providers submit claims to the 
        Secretary with respect to the furnishing of medically necessary 
        rabies postexposure prohylaxis and related items and services 
        (as defined in subsection (b)) to uninsured individuals; and
            (2) the Secretary, subject to the availability of 
        appropriations, pays each such provider for such prohylaxis and 
        related items and services in an amount determined appropriate 
        by the Secretary.
    (b) Definitions.--In this section:
            (1) Program-registered provider.--The term ``program-
        registered provider'' means a health care provider that--
                    (A) is licensed or otherwise authorized to furnish 
                rabies postexposure prohylaxis and related items and 
                services in the State in which such provider furnishes 
                such prophylaxis and related items and services under 
                the program established under this section; and
                    (B) enters into an agreement with the Secretary 
                under which the provider agrees--
                            (i) not to hold an uninsured individual 
                        liable for the cost of rabies postexposure 
                        prophylaxis or related items and services with 
                        respect to which a payment is made under 
                        subsection (a)(2); and
                            (ii) to limit any charge to such individual 
                        for the administration of such prophylaxis or 
                        related items and services with respect to 
                        which such a payment is so made to an amount 
                        specified by the Secretary.
            (2) Rabies postexposure prohylaxis; related items and 
        services.--The terms ``rabies postexposure prophylaxis'' and 
        ``related items and services'' have the meaning given such 
        terms in section 2713 of the Public Health Service Act (42 
        U.S.C. 300gg-13).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
            (4) Uninsured individual.--The term ``uninsured 
        individual'' means, with respect to an individual furnished 
        rabies postexposure prohylaxis, an individual who is not 
        enrolled in--
                    (A) a Federal health care program (as defined in 
                section 1128B(f) of the Social Security Act (42 U.S.C. 
                1320a-7b(f)));
                    (B) a group health plan or health insurance 
                coverage offered by a health insurance issuer in the 
                group or individual market (as such terms are defined 
                in section 2791 of the Public Health Service Act (42 
                U.S.C. 300gg-91)); or
                    (C) a health plan offered under chapter 89 of title 
                5, United States Code.

SEC. 3. ENSURING NO-COST COVERAGE OF RABIES POSTEXPOSURE PROPHYLAXIS 
              AND RELATED ITEMS AND SERVICES FOR INSURED INDIVIDUALS.

    (a) Private Insurance.--
            (1) In general.--Section 2713 of the Public Health Service 
        Act (42 U.S.C. 300gg-13) is amended--
                    (A) in subsection (a)--
                            (i) in paragraph (2), by striking ``and'' 
                        at the end;
                            (ii) in paragraph (3), by striking the 
                        period and inserting a semicolon;
                            (iii) in paragraph (4), by striking the 
                        period and inserting a semicolon;
                            (iv) by redesignating paragraph (5) as 
                        paragraph (6); and
                            (v) by inserting after paragraph (4) the 
                        following new paragraph:
            ``(5) rabies postexposure prohylaxis and related items and 
        services; and''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(d) Definitions.--In this section:
            ``(1) Rabies postexposure prophylaxis.--The term `rabies 
        postexposure prophylaxis' means human rabies immune globulin 
        and rabies vaccine doses, or any other treatment specified by 
        the Secretary, furnished in accordance with guidelines 
        specified by the Secretary to an individual who has been 
        potentially exposed to the rabies virus to prevent the 
        occurrence of rabies.
            ``(2) Related items and services.--The term `related items 
        and services' means items and services furnished to an 
        individual during health care provider office visits (which 
        term in this paragraph includes in-person visits and telehealth 
        visits), urgent care center visits, and emergency room visits 
        that result in an order for or administration of rabies 
        postexposure prophylaxis described in paragraph (2), but only 
        to the extent such items and services relate to the furnishing 
        or administration of such prophylaxis or to the evaluation of 
        such individual for purposes of determining the need of such 
        individual for such prophylaxis.''.
            (2) Effective date.--The amendments made by this subsection 
        shall apply with respect to plan years beginning on or after 
        the date that is 1 year after the date of the enactment of this 
        Act.
    (b) Medicare.--
            (1) In general.--Section 1833 of the Social Security Act 
        (42 U.S.C. 1395l) is amended--
                    (A) in subsection (a)(1)--
                            (i) in subparagraph (GG), by striking 
                        ``and'' at the end; and
                            (ii) by inserting before the semicolon at 
                        the end the following ``, and (II) with respect 
                        to rabies postexposure prohylaxis and related 
                        items and services (as such terms are defined 
                        in section 2713 of the Public Health Service 
                        Act), the amounts paid shall be equal to 100 
                        percent of the lesser of the actual charge for 
                        such prohylaxis, items, and services, or the 
                        amount otherwise payable for such prohylaxis, 
                        items, and services under this part''; and
                    (B) in subsection (b)--
                            (i) in paragraph (12), by string ``, and'' 
                        at the end; and
                            (ii) in paragraph (13), by striking ``..'' 
                        at the end and inserting ``, and (14) such 
                        deductible shall not apply with respect to 
                        rabies postexposure prophylaxis and related 
                        items and services.''.
            (2) Effective date.--The amendments made by this subsection 
        shall apply with respect to items and services furnished on or 
        after the first day of the first calendar year beginning on or 
        after the date that is 1 year after the date of the enactment 
        of this Act.

SEC. 4. GRANTS TO LOCAL HEALTH DEPARTMENTS TO STOCKPILE RABIES 
              POSTEXPOSURE PROPHYLAXIS.

    Part P of title III of the Public Health Service Act (42 U.S.C. 
380g et seq.) is amended by adding at the end the following:

``SEC. 399V-8. GRANTS TO LOCAL HEALTH DEPARTMENTS TO STOCKPILE RABIES 
              POSTEXPOSURE PROPHYLAXIS.

    ``(a) In General.--The Secretary may award grants to local health 
departments to--
            ``(1) establish and maintain a stockpile of--
                    ``(A) rabies postexposure prophylaxis; and
                    ``(B) items that are related items and services; 
                and
            ``(2) furnish rabies postexposure prohylaxis and related 
        items and services.
    ``(d) Definitions.--In this section, the terms `rabies postexposure 
prophylaxis' and `related items and services' have the meanings given 
such terms in section 2713.''.
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