    [United States Statutes at Large, Volume 134, 116th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 116-215
    116th Congress

    An Act

    Making further continuing appropriations for fiscal year 2021, 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 ``Further Continuing Appropriations
    Act, 2021, and Other Extensions Act''.
    SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

    Sec. 1. Short title.
    Sec. 2. Table of contents.
    Sec. 3. References.

    DIVISION A--FURTHER CONTINUING APPROPRIATIONS ACT, 2021

    DIVISION B--HEALTH EXTENDERS

    Title I--Medicare and Medicaid Extenders
    Title II--Public Health Extenders and Food and Drug Administration
    Provisions
    Title III--Offsets
    Title IV--Budgetary Effects

    SEC. 3. REFERENCES.

    Except as expressly provided otherwise, any reference to ``this
    Act'' contained in any division of this Act shall be treated as
    referring only to the provisions of that division.

    DIVISION A <> --
    FURTHER CONTINUING APPROPRIATIONS ACT, 2021

    Sec. 101.  The Continuing Appropriations Act, 2021 (division A of
    Public Law 116-159) <>  is amended by striking the
    date specified in section 106(3) and inserting ``December 18, 2020''.

    This division may be cited as the ``Further Continuing
    Appropriations Act, 2021''.

    [[Page 1042]]

    DIVISION B--HEALTH EXTENDERS

    TITLE I--MEDICARE AND MEDICAID EXTENDERS

    SEC. 1101. EXTENSION OF THE WORK GEOGRAPHIC INDEX FLOOR UNDER THE
    MEDICARE PROGRAM.

    Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C. 1395w-
    4(e)(1)(E)), as amended by section 3801 of the CARES Act (Public Law
    116-136) and section 2201 of the Continuing Appropriations Act, 2021 and
    Other Extensions Act (Public Law 116-159), is amended by striking
    ``December 12, 2020'' and inserting ``December 19, 2020''.
    SEC. 1102. EXTENSION OF FUNDING OUTREACH AND ASSISTANCE FOR LOW-
    INCOME PROGRAMS.

    (a) State Health Insurance Programs.--Subsection (a)(1)(B)(xi) of
    section 119 of the Medicare Improvements for Patients and Providers Act
    of 2008 (42 U.S.C. 1395b-3 note), as amended by section 3306 of the
    Patient Protection and Affordable Care Act (Public Law 111-148), section
    610 of the American Taxpayer Relief Act of 2012 (Public Law 112-240),
    section 1110 of the Pathway for SGR Reform Act of 2013 (Public Law 113-
    67), section 110 of the Protecting Access to Medicare Act of 2014
    (Public Law 113-93), section 208 of the Medicare Access and CHIP
    Reauthorization Act of 2015 (Public Law 114-10), section 50207 of
    division E of the Bipartisan Budget Act of 2018 (Public Law 115-123),
    section 1402 of division B of the Continuing Appropriations Act, 2020,
    and Health Extenders Act of 2019 (Public Law 116-59), section 1402 of
    division B of the Further Continuing Appropriations Act, 2020, and
    Further Health Extenders Act of 2019 (Public Law 116-69), section 103 of
    division N of the Further Consolidated Appropriations Act, 2020 (Public
    Law 116-94), section 3803 of the CARES Act (Public Law 116-136), and
    section 2203 of the Continuing Appropriations Act, 2021 and Other
    Extensions Act (Public Law 116-159), is amended by striking ``December
    11'' and inserting ``December 18''.
    (b) Area Agencies on Aging.--Subsection (b)(1)(B)(xi) of such
    section 119, as so amended, is amended by striking ``December 11'' and
    inserting ``December 18''.
    (c) Aging and Disability Resource Centers.--Subsection (c)(1)(B)(xi)
    of such section 119, as so amended, is amended by striking ``December
    11'' and inserting ``December 18''.
    (d) Contract With the National Center for Benefits and Outreach
    Enrollment.--Subsection (d)(2)(xi) of such section 119, as so amended,
    is amended by striking ``December 11'' and inserting ``December 18''.
    SEC. 1103. EXTENSION OF FUNDING FOR QUALITY MEASURE ENDORSEMENT,
    INPUT, AND SELECTION.

    Section 1890(d)(2) of the Social Security Act (42 U.S.C.
    1395aaa(d)(2)) is amended by striking ``December 11'' each place such
    phrase appears and inserting ``December 18'' in each such place.

    [[Page 1043]]

    SEC. 1104. EXTENSION OF COMMUNITY MENTAL HEALTH SERVICES
    DEMONSTRATION PROGRAM.

    Section 223(d)(3) of the Protecting Access to Medicare Act of 2014
    (42 U.S.C. 1396a note), as amended by Public Law 116-159, is amended by
    striking ``December 11'' and inserting ``December 18''.
    SEC. 1105. EXTENSION OF SPOUSAL IMPOVERISHMENT PROTECTIONS.

    (a) In General.--Section 2404 of the Patient Protection and
    Affordable Care Act (42 U.S.C. 1396r-5 note), as amended by Public Law
    116-159, is amended by striking ``December 11'' and inserting ``December
    18''.
    (b) <>  Rule of Construction.--Nothing in
    section 2404 of Public Law 111-148 (42 U.S.C. 1396r-5 note) or section
    1902(a)(17) or 1924 of the Social Security Act (42 U.S.C. 1396a(a)(17),
    1396r-5) shall be construed as prohibiting a State from--
    (1) applying an income or resource disregard under a
    methodology authorized under section 1902(r)(2) of such Act (42
    U.S.C. 1396a(r)(2))--
    (A) to the income or resources of an individual
    described in section 1902(a)(10)(A)(ii)(VI) of such Act
    (42 U.S.C. 1396a(a)(10)(A)(ii)(VI)) (including a
    disregard of the income or resources of such
    individual's spouse); or
    (B) on the basis of an individual's need for home
    and community-based services authorized under subsection
    (c), (d), (i), or (k) of section 1915 of such Act (42
    U.S.C. 1396n) or under section 1115 of such Act (42
    U.S.C. 1315); or
    (2) disregarding an individual's spousal income and assets
    under a plan amendment to provide medical assistance for home
    and community-based services for individuals by reason of being
    determined eligible under section 1902(a)(10)(C) of such Act (42
    U.S.C. 1396a(a)(10)(C)) or by reason of section 1902(f) of such
    Act (42 U.S.C. 1396a(f)) or otherwise on the basis of a
    reduction of income based on costs incurred for medical or other
    remedial care under which the State disregarded the income and
    assets of the individual's spouse in determining the initial and
    ongoing financial eligibility of an individual for such services
    in place of the spousal impoverishment provisions applied under
    section 1924 of such Act (42 U.S.C. 1396r-5).
    SEC. 1106. EXTENSION OF DELAY OF DSH REDUCTIONS.

    Section 1923(f)(7) of the Social Security Act (42 U.S.C. 1396r-
    4(f)(7)(A)) is amended by striking ``December 12'' each place such
    phrase appears and inserting ``December 19'' in each such place.
    SEC. 1107. EXTENSION OF MONEY FOLLOWS THE PERSON.

    Section 6071(h)(1)(H) of the Deficit Reduction Act of 2005 (42
    U.S.C. 1396a note) is amended by striking ``December 11'' and inserting
    ``December 18''.

    [[Page 1044]]

    TITLE II--PUBLIC HEALTH EXTENDERS AND FOOD AND DRUG ADMINISTRATION
    PROVISIONS

    Subtitle A--Public Health Extenders

    SEC. 1201. EXTENDING FUNDING FOR COMMUNITY HEALTH CENTERS,
    NATIONAL HEALTH SERVICE CORPS, AND
    TEACHING HEALTH CENTER GME.

    (a) Community Health Centers.--Section 10503(b)(1)(F) of the Patient
    Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(1)(F)) is
    amended--
    (1) by striking ``$789,041,096'' and inserting
    ``$865,753,425''; and
    (2) by striking ``December 11, 2020'' and inserting
    ``December 18, 2020''.

    (b) National Health Service Corps.--Section 10503(b)(2)(H) of the
    Patient Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(2)(H))
    is amended--
    (1) by striking ``$61,150,685'' and inserting
    ``$67,095,890''; and
    (2) by striking ``December 11, 2020'' and inserting
    ``December 18, 2020''.

    (c) Teaching Health Centers That Operate Graduate Medical Education
    Programs.--Section 340H(g)(1) of the Public Health Service Act (42
    U.S.C. 256h(g)(1)) is amended--
    (1) by striking ``$24,953,425'' and inserting
    ``$27,379,452''; and
    (2) by striking ``December 11, 2020'' and inserting
    ``December 18, 2020''.

    (d) <>  Application of Provisions.--Amounts
    appropriated pursuant to the amendments made by this section for the
    period beginning on December 11, 2020, and ending on December 18, 2020,
    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.

    (e) Conforming Amendments.--Paragraph (4) of section 3014(h) of
    title 18, United States Code, as amended by section 3831(e) of the CARES
    Act (Public Law 116-136), is amended--
    (1) by striking ``Social Services Act,,'' and inserting
    ``Social Services Act,''; and
    (2) by striking ``and section 2101 of the Continuing
    Appropriations Act, 2021 and Other Extensions Act'' and
    inserting ``section 2101 of the Continuing Appropriations Act,
    2021 and Other Extensions Act, and section 1201(d) of the
    Further Continuing Appropriations Act, 2021, and Other
    Extensions Act''.
    SEC. 1202. DIABETES PROGRAMS.

    (a) Special Diabetes Programs for Type I Diabetes.--Section
    330B(b)(2)(D) of the Public Health Service Act (42 U.S.C. 254c-
    2(b)(2)(D)) is amended--
    (1) by striking ``$29,589,042'' and inserting
    ``$32,465,753''; and
    (2) by striking ``December 11, 2020'' and inserting
    ``December 18, 2020''.

    [[Page 1045]]

    (b) Special Diabetes Programs for Indians.--Section 330C(c)(2)(D) of
    the Public Health Service Act (42 U.S.C. 254c-3(c)(2)(D)) is amended--
    (1) by striking ``$29,589,042'' and inserting
    ``$32,465,753''; and
    (2) by striking ``December 11, 2020'' and inserting
    ``December 18, 2020''.
    SEC. 1203. PERSONAL RESPONSIBILITY EDUCATION; SEXUAL RISK
    AVOIDANCE EDUCATION.

    (a) Sexual Risk Avoidance Education.--Section 510 of the Social
    Security Act (42 U.S.C. 710) is amended by striking ``December 11,
    2020'' each place it appears and inserting ``December 18, 2020''.
    (b) Personal Responsibility Education.--Section 513 of the Social
    Security Act (42 U.S.C. 713) is amended by striking ``December 11,
    2020'' each place it appears and inserting ``December 18, 2020''.

    Subtitle B--Food and Drug Administration Provisions

    SEC. 1211. RARE PEDIATRIC DISEASE PRIORITY REVIEW VOUCHER
    EXTENSION.

    Section 529(b)(5) of the Federal Food, Drug, and Cosmetic Act (21
    U.S.C. 360ff(b)(5)) is amended--
    (1) by striking ``December 11, 2020'' each place it appears
    and inserting ``December 18, 2020''; and
    (2) in subparagraph (B), by striking ``December 11, 2022''
    and inserting ``December 18, 2022''.

    TITLE III--OFFSETS

    SEC. 1301. TRANSPARENCY OF MEDICARE SECONDARY PAYER REPORTING
    INFORMATION.

    Section 1862(b)(8)(G) of the Social Security Act (42 U.S.C.
    395y(b)(8)(G)) is amended--
    (1) by striking ``information.--The Secretary'' and
    inserting ``information.--
    ``(i) In general.--The Secretary''; and
    (2) by adding at the end the following new clause:
    ``(ii) <>  Specified
    information.--In responding to any query made on
    or after the date that is 1 year after the date of
    the enactment of this clause from an applicable
    plan related to a determination described in
    subparagraph (A)(i), the Secretary,
    notwithstanding any other provision of law, shall
    provide to such applicable plan--
    ``(I) <>
    whether a claimant subject to the query
    is, or during the preceding 3-year
    period has been, entitled to benefits
    under the program under this title on
    any basis; and
    ``(II) to the extent applicable, the
    plan name and address of any Medicare
    Advantage plan under part C and any
    prescription drug plan under

    [[Page 1046]]

    part D in which the claimant is enrolled
    or has been enrolled during such
    period.''.
    SEC. 1302. <>  DISPENSATION OF NARCOTIC
    DRUGS FOR THE PURPOSE OF RELIEVING ACUTE
    WITHDRAWAL SYMPTOMS FROM OPIOID USE
    DISORDER.

    Not <>  later than 180 days after the
    date of enactment of this Act, the Attorney General shall revise section
    1306.07(b) of title 21, Code of Federal Regulations, so that
    practitioners, in accordance with applicable State, Federal, or local
    laws relating to controlled substances, are allowed to dispense not more
    than a three-day supply of narcotic drugs to one person or for one
    person's use at one time for the purpose of initiating maintenance
    treatment or detoxification treatment (or both).
    SEC. 1303. MEDICAID IMPROVEMENT FUND.

    Section 1941(b)(3)(A) of the Social Security Act (42 U.S.C 1396w-
    1(b)(3)(A)) is amended by striking ``$3,446,000,000'' and inserting
    ``$3,464,000,000''.

    TITLE IV--BUDGETARY EFFECTS

    SEC. 1401. BUDGETARY EFFECTS.

    (a) Statutory PAYGO Scorecards.--The budgetary effects of this
    division shall not be entered on either PAYGO scorecard maintained
    pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
    (b) Senate PAYGO Scorecards.--The budgetary effects of this division
    shall not be entered on any PAYGO scorecard maintained for purposes of
    section 4106 of H. Con. Res. 71 (115th Congress).
    (c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of
    the Budget Scorekeeping Guidelines set forth in the joint explanatory
    statement of the committee of conference accompanying Conference Report
    105-217 and section 250(c)(8) of the Balanced Budget and Emergency
    Deficit Control Act of 1985, the budgetary effects of this division
    shall not be estimated--
    (1) for purposes of section 251 of such Act; and

    [[Page 1047]]

    (2) for purposes of paragraph (4)(C) of section 3 of the
    Statutory Pay-As-You-Go Act of 2010 as being included in an
    appropriation Act.

    Approved December 11, 2020.

    LEGISLATIVE HISTORY--H.R. 8900:
    ---------------------------------------------------------------------------

    CONGRESSIONAL RECORD, Vol. 166 (2020):
    Dec. 9, considered and passed House.
    Dec. 11, considered and passed Senate.