Sec. 2501. MODIFYING ACCELERATED AND ADVANCE PAYMENT PROGRAMS UNDER PARTS A AND B OF THE MEDICARE PROGRAM DURING THE COVID-19 EMERGENCY

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## SEC. 2501 MODIFYING ACCELERATED AND ADVANCE PAYMENT PROGRAMS UNDER PARTS A AND B OF THE MEDICARE PROGRAM DURING THE COVID-19 EMERGENCY ###

(a)Special Repayment Rules and Other Modifications ####

(1)Part a #####

(A)In general Section 1815(f)(2)(C) of the Social Security Act (42 U.S.C. 1395g(f)(2)(C)) is amended to read as follows: > > ##### “(C) > > In the case of a payment made under the terms of the program under subsection (e)(3), including such program as expanded pursuant to this subsection, 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), upon request of a hospital, the Secretary shall— > > > ###### “(i) > > provide 1 year before payments for items and services furnished by the hospital are offset to recoup payments under such program; > > > ###### “(ii) > > provide that any such offset be an amount equal to— > > > ###### “(I) > > during the first 11 months in which any such offsets are made with respect to payment for items and services furnished by the hospital, 25 percent of the amount of such payment for such items and services; and > > > ###### “(II) > > during the succeeding 6 months, 50 percent of the amount of such payment for such items and services; and > > > ###### “(iii) > > allow 29 months from the date of the first payment under such program to such provider before requiring that the outstanding balance be paid in full. ” > . #####

(B)Authority for discretion Section 1815(f)(2)(A)(ii) of the Social Security Act (42 U.S.C. 1395g(f)(2)(A)(ii)) is amended by inserting “(or, with respect to requests submitted to the Secretary after April 26, 2020, may)” after “shall.”. #####

(C)Application to other part a providers **[**[42 U.S.C. 1395g note](/us/usc/t42/s1395g)**]** ######

(i)In general In the case of a payment made under the terms of an applicable program (as defined in clause (ii)), 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)), upon request of an applicable provider (as defined in clause (iii)), the provisions of section 1815(f)(2)(C) of such Act (42 U.S.C. 1395g(f)(2)(C)), as amended by subparagraph (A), shall apply with respect to such payment in the same manner as such provisions apply with respect to a payment made under the terms of the program under subsection (e)(3) of section 1815 of such Act (42 U.S.C. 1395g), including such program as expanded pursuant to subsection

(f)of such section, on or after the date of the enactment of the CARES Act (Public Law 116-136) and so made during such emergency period. ######

(ii)Applicable program defined In this clause, the term “applicable program” means— ######

(I)the programs under sections 413.64(g), 412.541(f), 412.632(e), 412.116(f), 413.350(d), or 418.307 of title 42, Code of Federal Regulations (or any successor regulations); and ######

(II)any other comparable program under part A of title XVIII of the Social Security Act, as determined by the Secretary. ######

(iii)Applicable provider In this clause, the term “applicable provider” means a provider of services that is eligible for payment under an applicable program. ####

(2)Part b **[**[42 U.S.C. 1395u note](/us/usc/t42/s1395u)**]** #####

(A)In general In the case of a payment made under the terms of the program described in section 421.214 of title 42, Code of Federal Regulations (or any successor regulation) 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, upon request of the provider of services or supplier receiving such payment— ######

(i)provide 1 year before payments for items and services furnished by such provider or supplier are offset to recoup payments under such program; ######

(ii)provide that any such offset be an amount equal to— ######

(I)during the first 11 months in which any such offsets are made with respect to payment for items and services furnished by such provider or supplier, 25 percent of the amount of such payment for such items and services; and ######

(II)during the succeeding 6 months, 50 percent of the amount of such payment for such items and services; and ######

(iii)allow 29 months from the date of the first payment under such program to such provider or supplier before requiring that the outstanding balance be paid in full. #####

(B)Limitation on further part b advance payments With respect to the period of the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)) beginning on the date of the enactment of this Act, the total amount of payments made under the terms of the program described in section 421.214 of title 42, Code of Federal Regulations (or any successor regulation)— ######

(i)for the portion of 2020 occurring during such period of the emergency period and for each year, shall not exceed $10,000,000; ######

(ii)for each year beginning and ending during such period of the emergency period, shall not exceed $10,000,000; and ######

(iii)for the last year beginning during such period of the emergency period, the portion of such last year occurring during such period of the emergency period, shall not exceed $10,000,000. ###

(b)Interest Rates ####

(1)Part a #####

(A)In general 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), 134 STAT. 736 including such program as expanded pursuant to subsection (f), at a rate of 4 percent)”. #####

(B)Application to other part a providers **[**[42 U.S.C. 1395g note](/us/usc/t42/s1395g)**]** In the case of a determination under section 1815(d) of the Social Security Act (42 U.S.C. 1395g(d)) with respect to a payment made on or after the date of the enactment of the CARES Act (Public Law 116-136) and 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)) under an applicable program (as defined in subsection (a)(1)(C)(ii)), the amendment made by subparagraph

(A)shall apply with respect to such determination in the same manner as such amendment applies with respect to a payment made on or after the date of the enactment of the CARES Act (Public Law 116-136) and during such emergency period under the program under subsection (e)(3) of section 1815 of such Act (42 U.S.C. 1395g), including such program as expanded pursuant to subsection

(f)of such section. ####

(2)Part b 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 4 percent)”. ###

(c)Publication of Data **[**[42 U.S.C. 1395g note](/us/usc/t42/s1395g)**]** ####

(1)Data during covid-19 emergency #####

(A)Initial publication Not later than 2 weeks after the date of the enactment of this section, the Secretary shall post on the public website of the Centers for Medicare & Medicaid Services data that includes the following information with respect to specified payments (as defined in paragraph (3)(E)) made as of such date and for which data is available: ######

(i)The total amount of such payments made under each applicable payment program (as defined in paragraph (3)(A)), including a specification of the percentage of such payments so made from the Federal Hospital Insurance Trust Fund established under section 1817 of the Social Security Act (42 U.S.C. 1395i) and the percentage of such payments so made from the Federal Supplementary Insurance Trust Fund established under section 1841 of such Act (42 U.S.C. 1395t) under each such program. ######

(ii)The amount of specified payments made under each such program by type of provider of services or supplier receiving such payments. ######

(iii)The Centers for Medicare & Medicaid Services certification number or other appropriate number of, and the amount of such payments received by, each provider of services and supplier receiving such payments. #####

(B)Interim publication Every 2 weeks thereafter during the emergency period, if any specified payments are made that were not included in a preceding publication of data under this paragraph, the Secretary shall post on the website described in subparagraph

(A)data containing the information described in clauses (i), (ii), and

(iii)of such subparagraph with respect to such specified payments. ####

(2)Additional publications Not later than 15 months after the date of the enactment of the CARES Act (Public Law 116-136), and every 6 months thereafter until all specified payments have been recouped or repaid, the Secretary shall post on the website described in paragraph (1)(A) data that includes the following: #####

(A)The total amount of all specified payments not recouped or repaid under each applicable payment program. #####

(B)The amount of payments made under each such program and not recouped or repaid by type of provider of services or supplier. #####

(C)The total amount of specified payments that have been recouped or repaid under each such program, including a specification of the percentage of such payments so recouped or repaid that have been deposited into the Federal Hospital Insurance Trust Fund and the percentage of such payments so recouped or repaid that have been deposited into the Federal Supplementary Insurance Trust Fund under each such program. #####

(D)The dollar amount of interest that has been collected with respect to all specified payments under each such program. ####

(3)Definitions In this subsection: #####

(A)Applicable payment program The term “applicable payment program” means— ######

(i)the program under subsection (e)(3) of section 1815 of the Social Security Act (42 U.S.C. 1395g), including such program as expanded under subsection

(f)of such section; ######

(ii)an applicable program (as defined in subsection (a)(1)(C)(ii) of this section); and ######

(iii)the program described in section 421.214 of title 42, Code of Federal Regulations (or any successor regulation). #####

(B)Emergency period The term “emergency period” means the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)). #####

(C)Provider of services and supplier The terms “provider of services” and “supplier” have the meaning given such terms in subsections

(u)and (d), respectively, of section 1861 of such Act (42 U.S.C. 1395x). #####

(D)Secretary The term “Secretary” means the Secretary of Health and Human Services. #####

(E)Specified payments The term “specified payments” means payments made under an applicable payment program on or after the date of the enactment of the CARES Act (Public Law 116-136) during the emergency period. # TITLE VI OFFSETS

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