Sec. 3. Coverage of medically necessary food under Federal health programs and private health insurance

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Section 1861(s)(2) of the Social Security Act ( 42 U.S.C. 1395x(s)(2) ) is amended— in subparagraph (GG), by striking and at the end; in subparagraph (HH), by striking the period at the end and inserting ; and ; and by adding at the end the following new subparagraph: medically necessary food (as defined in subsection (kkk)); . Section 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended by adding at the end the following new subsection: The term medically necessary food has the meaning given the term medical food in section 5(b)(3) of the Orphan Drug Act ( 21 U.S.C. 360ee(b)(3) ). .

Section 1833(a)(1) of the Social Security Act ( 42 U.S.C. 1395l(a)(1) ) is amended— by striking and before

(DD); and by inserting before the semicolon at the end the following: , and

(EE)with respect to medically necessary food (as defined in section 1861(kkk)), the amount paid shall be an amount equal to 80 percent of the actual charge for the services. . The amendments made by this paragraph shall apply to items and services furnished on or after January 1, 2022. Section 1860D–2(e)(1) of the Social Security Act ( 42 U.S.C. 1395w–102(e)(1) ) is amended— in subparagraph (A), by striking at the end or ; in subparagraph (B), by striking at the end the comma and inserting ; or ; and by inserting after subparagraph

(B)the following new subparagraph: a medically necessary food (as defined in section 1861(kkk)), . The amendments made by subparagraph

(A)shall apply with respect to plan years beginning on or after January 1, 2022. Section 1905(a) of the Social Security Act ( 42 U.S.C. 1396d(a) ) is amended— in paragraph (29), by striking and at the end; by redesignating paragraph

(30)as paragraph (31); and by inserting after paragraph

(29)the following new paragraph: medically necessary food (as defined in section 1861(kkk)); and . Section 1902(a)(10)(A) of the Social Security Act ( 42 U.S.C. 1396a(a)(10)(A) ) is amended, in the matter preceding clause (i), by striking and

(29)and inserting (29), and

(30). Subject to subparagraph (B), the amendments made by this subsection shall apply with respect to medical assistance furnished on or after July 1, 2022. In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by the amendments made by this subsection, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. Section 2103(c) of the Social Security Act ( 42 U.S.C. 1397cc(c) ) is amended by adding at the end the following: The child health assistance provided to a targeted low-income child shall include coverage of medically necessary food (as defined in section 1861(kkk)). . Section 2103(a) of the Social Security Act ( 42 U.S.C. 1397cc(a) ) is amended, in the matter preceding paragraph (1), by striking and

(8)and inserting , (8), and

(11). Subject to subparagraph (B), the amendments made by this subsection shall apply with respect to child health assistance furnished on or after July 1, 2022. In the case of a State child health plan for child health assistance under title XXI of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by the amendments made by this subsection, the State child health plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. Paragraph

(2)of section 1077(h) of title 10, United States Code, is amended to read as follows: In this section, the term medically necessary food has the meaning given the term medical food in section 5(b)(3) of the Orphan Drug Act. . Subpart II of part A of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg–11 et seq.) is amended by adding at the end the following: A group health plan and group or individual health insurance coverage offered by a health insurance issuer shall provide coverage for medically necessary food (as defined in section 1861(kkk) of the Social Security Act). . The amendment made by paragraph

(1)shall apply to plan years beginning on or after January 1, 2022.

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