118 HR 5782 IH: Affordable Rabies Treatment for All Act of 2023
U.S. House of Representatives
2023-09-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I
118th CONGRESS
1st Session
H. R. 5782
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.
1.

Short title
This Act may be cited as the “Affordable Rabies Treatment for All Act of 2023”.
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.
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.
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:
“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.” .