Sec. 30206. Modifying the accelerated and advance payment programs under parts A and B of the Medicare program during the COVID–19 emergency
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Section 1815(f)(2)(C) of the Social Security Act ( 42 U.S.C. 1395g(f)(2)(C) ) is amended to read as follows: In the case of an accelerated payment made under the program under subsection (e)(3) on or after the date of the enactment of the CARES Act and so made during the emergency period described in section 1135(g)(1)(B)— such payment shall be treated as if such payment were made from the General Fund of the Treasury; and upon request of the hospital, the Secretary shall— provide up to 1 year before claims are offset to recoup such payment; provide that any such offset of a claim to recoup such payment shall not exceed 25 percent of the amount of such claim; and allow not less than 2 years from the date of the first accelerated payment before requiring that the outstanding balance be paid in full. .
In carrying out the program described in section 421.214 of title 42, Code of Federal Regulations (or any successor regulation), in the case of a payment made under such program on or after the date of the enactment of the CARES Act ( Public Law 116–136 ) and so made during the emergency period described in section 1135(g)(1)(B) of the Social Security Act ( 42 U.S.C. 1320b–5(g)(1)(B) ), the Secretary of Health and Human Services shall— treat such payment as if such payment were made from the General Fund of the Treasury; and upon request of the entity receiving such payment— provide up to 1 year before claims are offset to recoup such payment; provide that any such offset of a claim to recoup such payment shall not exceed 25 percent of the amount of such claim; and allow not less than 2 years from the date of the first advance payment before requiring that the outstanding balance be paid in full.
Section 1815(d) of the Social Security Act ( 42 U.S.C. 1395g(d) ) is amended by inserting before the period at the end the following: (or, in the case of such a determination made with respect to a payment made on or after the date of the enactment of the CARES Act and during the emergency period described in section 1135(g)(1)(B) under the program under subsection (e)(3), at a rate of 1 percent) . Section 1833(j) of the Social Security Act ( 42 U.S.C. 1395l(j) ) is amended by inserting before the period at the end the following:
(or, in the case of such a determination made with respect to a payment made on or after the date of the enactment of the CARES Act and during the emergency period described in section 1135(g)(1)(B) under the program described in section 421.214 of title 42, Code of Federal Regulations (or any successor regulation), at a rate of 1 percent) . Not later than 2 weeks after the date of the enactment of this section, and every 2 weeks thereafter during the emergency period described in section 1135(g)(1)(B) of the Social Security Act ( 42 U.S.C. 1320b–5(g)(1)(B) ), the Secretary of Health and Human Services shall submit to the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives, and the Committee on Finance of the Senate, a report that includes the following:
The total amount of payments made under section 1815(e)(3) of the Social Security Act ( 42 U.S.C. 1395g(e)(3) ) and under the program described in section 421.214 of title 42, Code of Federal Regulations (or any successor regulation) during the most recent 2-week period for which data is available that precedes the date of the submission of such report. The number of entities receiving such payments during such period. A specification of each such entity. Not later than 6 months after the termination of the emergency period described in paragraph (1), and every 6 months thereafter until all specified payments (as defined in subparagraph (B)) have been recouped or repaid, the Secretary of Health and Human Services shall submit to the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives, and the Committee on Finance of the Senate, a report that includes the following:
The total amount of all specified payments for which claims have been offset to recoup such payment or the balance has been repaid. The amount of interest that has accrued with respect to all specified payments. For purposes of subparagraph (A), the term specified payments means all payments made under section 1815(e)(3) of the Social Security Act ( 42 U.S.C. 1395g(e)(3) ) or under the program described in section 421.214 of title 42, Code of Federal Regulations (or any successor regulation) made on or after the date of the enactment of the CARES Act ( Public Law 116–136 ) during the emergency period described in such subparagraph.
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- 42 USC 1320b–5(g)(1)(B)
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Sec. 30206
Modifying the accelerated and advance payment programs under parts A and B of the Medicare program during the COVID–19 emergency
Cite42 USC 1320b–5(g)(1)(B)
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