[Congressional Record Volume 167, Number 42 (Friday, March 5, 2021)]
[Senate]
[Pages S1375-S1376]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1345. Ms. COLLINS (for herself, Mr. Tillis, Mr. Cramer, and Mr. 
Portman) submitted an amendment intended to be proposed to amendment

[[Page S1376]]

SA 891 proposed by Mr. Schumer (for himself, Mr. Wyden, Mrs. Murray, 
Mr. Brown, Mr. Peters, Mr. Cardin, Ms. Cantwell, Ms. Stabenow, Mr. 
Tester, Mr. Menendez, Mr. Schatz, Mr. Carper, Mr. Leahy, and Mr. 
Sanders) to the bill H.R. 1319, to provide for reconciliation pursuant 
to title II of S. Con. Res. 5; which was ordered to lie on the table; 
as follows:

        Strike section 9911 and insert the following:

     SEC. 9911. FUNDING FOR PROVIDERS RELATING TO COVID-19.

       (a) In General.--Part A of title XI of the Social Security 
     Act (42 U.S.C. 1301 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 1150C. FUNDING FOR PROVIDERS RELATING TO COVID-19.

       ``(a) Funding.--In addition to amounts otherwise available, 
     there is appropriated to the Secretary, for fiscal year 2021, 
     out of any monies in the Treasury not otherwise appropriated, 
     $35,000,000,000 for purposes of making payments to eligible 
     health care providers for health care related expenses and 
     lost revenues that are attributable to COVID-19. Amounts 
     appropriated under the preceding sentence shall remain 
     available until expended.
       ``(b) Special Rule.--The Secretary shall make not less than 
     $8,500,000,000 of the amounts appropriated under subsection 
     (a) available for eligible health care providers located in a 
     rural area.
       ``(c) Application Requirement.--To be eligible for a 
     payment under this section, an eligible health care provider 
     shall submit to the Secretary an application in such form and 
     manner as the Secretary shall prescribe. Such application 
     shall contain the following:
       ``(1) A statement justifying the need of the provider for 
     the payment, including documentation of the health care 
     related expenses attributable to COVID-19 and lost revenues 
     attributable to COVID-19.
       ``(2) The tax identification number of the provider.
       ``(3) Such assurances as the Secretary determines 
     appropriate that the eligible health care provider will 
     maintain and make available such documentation and submit 
     such reports (at such time, in such form, and containing such 
     information as the Secretary shall prescribe) as the 
     Secretary determines is necessary to ensure compliance with 
     any conditions imposed by the Secretary under this section.
       ``(4) Any other information determined appropriate by the 
     Secretary.
       ``(d) Limitations.--Payments made to an eligible health 
     care provider under this section may not be used to reimburse 
     any expense or loss that--
       ``(1) has been reimbursed from another source; or
       ``(2) another source is obligated to reimburse.
       ``(e) Application of Requirements, Rules, and Procedures.--
     The Secretary shall apply any requirements, rules, or 
     procedures as the Secretary deems appropriate for the 
     efficient execution of this section.
       ``(f) Application of Provisions.--Amounts appropriated 
     pursuant to this section for fiscal year 2021 shall be 
     subject to the requirements contained in Public Law 116-94 
     for funds for programs authorized under sections 330 through 
     340 of the Public Health Service Act (42 U.S.C. 254b through 
     256).
       ``(g) Definitions.--In this section:
       ``(1) Eligible health care provider.--The term `eligible 
     health care provider' means--
       ``(A) a provider of services (as defined in section 
     1861(u)) or a supplier (as defined in section 1861(d)) that--
       ``(i) is enrolled in the Medicare program under title XVIII 
     under section 1866(j), including temporarily enrolled during 
     the emergency period described in section 1135(g)(1)(B) for 
     such period; and
       ``(ii) provides diagnoses, testing, or care for individuals 
     with possible or actual cases of COVID-19;
       ``(B) a provider or supplier that--
       ``(i) is enrolled with a State Medicaid plan under title 
     XIX (or a waiver of such plan) in accordance with subsections 
     (a)(77) and (kk) of section 1902 (including enrolled pursuant 
     to section 1902(a)(78) or section 1932(d)(6)) or enrolled 
     with a State child health plan under title XXI (or a waiver 
     of such plan) in accordance with subparagraph (G) of section 
     2107(e)(1) (including enrolled pursuant to subparagraph (D) 
     or (Q) of such section); and
       ``(ii) provides diagnoses, testing, or care for individuals 
     with possible or actual cases of COVID-19;
       ``(C) an assisted living facility (as defined for purposes 
     of the Older Americans Act); or
       ``(D) a senior congregate home provider (as defined by the 
     Secretary).
       ``(2) Health care related expenses attributable to covid-
     19.--The term `health care related expenses attributable to 
     COVID-19' means health care related expenses to prevent, 
     prepare for, and respond to COVID-19, including the building 
     or construction of a temporary structure, the leasing of a 
     property, the purchase of medical supplies and equipment, 
     including personal protective equipment and testing supplies, 
     providing for increased workforce and training, including 
     maintaining staff, obtaining additional staff, or both, the 
     operation of an emergency operation center, retrofitting a 
     facility, providing for surge capacity, and other expenses 
     determined appropriate by the Secretary.
       ``(3) Lost revenue attributable to covid-19.--The term 
     `lost revenue attributable to COVID-19' has the meaning given 
     that term in the Frequently Asked Questions guidance released 
     by the Department of Health and Human Services in June 2020, 
     including the difference between such provider's budgeted and 
     actual revenue if such budget had been established and 
     approved prior to March 27, 2020.
       ``(4) Payment.-- The term `payment' includes, as determined 
     appropriate by the Secretary, a pre-payment, a prospective 
     payment, a retrospective payment, or a payment through a 
     grant or other mechanism.
       ``(5) Rural area.--The term `rural area' means--
       ``(A) a rural area (as defined in section 1886(d)(2)(D));
       ``(B) an area treated as a rural area pursuant to section 
     1886(d)(8)(E); or
       ``(C) any other rural area (as defined by the 
     Secretary).''.
       (b) Offsets.--Title VI of the Social Security Act (42 
     U.S.C. 801 et seq.), as amended by section 9901, is further 
     amended--
       (1) in section 602--
       (A) in subsection (a)(1), by striking ``$219,800,000,000'' 
     and inserting ``$203,600,000,000''; and
       (B) in subsection (b)(3)(A), by striking 
     ``$195,300,000,000'' and inserting ``$179,100,000,000''; and
       (2) by striking section 604.
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