Sec. 2. Establishing new coverage and payment rules for certain COVID–19 diagnostic tests and related items and services
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Section 6001(a) of the Families First Coronavirus Response Act ( 42 U.S.C. 1320b–5 note) is amended in the matter preceding paragraph
(1)by striking any portion of the emergency period defined in paragraph (1)(B) of section 1135(g) of the Social Security Act ( and inserting 42 U.S.C. 1320b–5(g) ) beginning on or after the date of the enactment of this Act the period beginning on the date of the enactment of this Act and ending on December 31, 2023 . Section 3202 of the CARES Act (42 U.S.C. 42 U.S.C. 256b note) is amended— in subsection (a), in the matter preceding paragraph (1), by inserting that are furnished before May 1, 2022, after ( ; Public Law 116–127 ) in subsection (b)(1), by striking emergency period declared under section 319 of the Public Health Service Act ( and inserting 42 U.S.C. 247d ) period beginning on the date of the enactment of this subsection and ending on April 31, 2022 ; and by adding at the end the following new subsection: Except as provided in paragraph (2), the provisions of sections 2799A–1 and 2799B–1 of the Public Health Service Act ( 42 U.S.C. 300gg–111 , 300gg–131), 716 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1185e ), and 9816 of the Internal Revenue Code of 1986 shall apply to items and services described in section 6001(a) of division F of the Families First Coronavirus Response Act ( Public Law 116–127 ) furnished on or after May 1, 2022, and before January 1, 2024, to an enrollee of a group health plan or group or individual health insurance coverage by a provider that does not have a negotiated rate in effect with such plan or coverage (as applicable) as if such items and services were emergency services furnished by a nonparticipating provider in an emergency department of a hospital. Paragraph
(1)shall not apply with respect to any over-the-counter test specified in the guidance document published by the Department of Labor on January 10, 2022, entitled FAQs about Affordable Care Act Implementation Part 51, Families First Coronavirus Response Act and Coronavirus Aid, Relief, and Economic Security Act Implementation or any other over-the-counter test specified by the Secretary pursuant to section 6001(a)(1) of the Families First Coronavirus Response Act. In this subsection, the terms emergency services and nonparticipating provider have the meanings given such terms in subparagraphs (C)(i) and (G), respectively, of sections 2799A–1(a)(3) of the Public Health Service Act ( 42 U.S.C. 300gg–111(a)(3) ), 716(a)(3) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1185e(a)(3) ), and section 9816(a)(3) of the Internal Revenue Code of 1986. . Notwithstanding any other provision of law, the Secretaries of Health and Human Services, Labor, and the Treasury may implement the amendments made by this subsection by subregulatory guidance or otherwise.
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- 42 USC 1320b–5
- 42 USC 1320b–5(g)
- 42 USC 42
- 42 USC 300gg–111
- 42 USC 300gg–111(a)(3)
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Sec. 2
Establishing new coverage and payment rules for certain COVID–19 diagnostic tests and related items and services
Cite42 USC 1320b–5
Cite42 USC 1320b–5(g)
Cite42 USC 42
Cite42 USC 300gg–111
Cite42 USC 300gg–111(a)(3)
Cites 8Cited by 0 across 0 sources