II 

116TH CONGRESS 

2D SESSION S. 5007 

To amend title XVIII of the Social Security Act to provide for an increase 

in payment under part B of the Medicare program for certain services 

in response to COVID–19. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 10, 2020 

Mr. BOOZMAN (for himself, Mrs. HYDE-SMITH, Mr. CRAMER, Mr. COTTON, 

and Ms. COLLINS) introduced the following bill; which was read twice and 

referred to the Committee on Finance 

A BILL 

To amend title XVIII of the Social Security Act to provide 

for an increase in payment under part B of the Medicare 

program for certain services in response to COVID– 

19. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Holding Providers 

5 Harmless From Medicare Cuts During COVID–19 Act of 

6 2020’’. 


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1 SEC. 2. PROVIDING FOR AN INCREASE IN PAYMENT UNDER 

2 PART B OF THE MEDICARE PROGRAM FOR 

3 CERTAIN SERVICES TO HOLD PROVIDERS 

4 HARMLESS WHILE RESPONDING TO COVID– 

5 19. 

6 (a) IN GENERAL.—Section 1833 of the Social Secu7 rity Act (42 U.S.C. 1395l) is amended by adding at the 

8 end the following new subsection: 

9 ‘‘(dd) COVID–19 RELIEF PAYMENTS FOR CERTAIN

10 SERVICES.— 

11 ‘‘(1) IN GENERAL.—In the case of an eligible 

12 service (as defined in paragraph (2)(A)) furnished 

13 during a specified year (as defined in paragraph 

14 (2)(C)) by a supplier for which payment is made 

15 under (or based on) the fee schedule established 

16 under section 1848, in addition to the amount of 

17 payment that would otherwise be made for such 

18 service under this part, there also shall be paid at 

19 the time such payment under section 1848 is made 

20 an amount equal to the specified hold harmless relief 

21 payment (as defined in paragraph (2)(B)) for such 

22 service. 

23 ‘‘(2) DEFINITIONS.—In this subsection: 

24 ‘‘(A) ELIGIBLE SERVICE.— 

25 ‘‘(i) IN GENERAL.—The term ‘eligible 

26 service’ means, with respect to a service 


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1 furnished in a specified year by a supplier 

2 for which payment is made under (or 

3 based on) the fee schedule established 

4 under section 1848, any service (other 

5 than a service described in clause (ii)) for 

6 which the payment amount determined 

7 under (or based on) such fee schedule for 

8 such year and supplier is less than such 

9 payment amount that would have been de10 termined under (or based on) such fee 

11 schedule for such service and supplier had 

12 such service been furnished in 2020. 

13 ‘‘(ii) EXCLUDED SERVICES.—For pur14 poses of clause (i), the services described in 

15 this clause are any of the following: 

16 ‘‘(I) Services identified by any of 

17 HCPCS codes 99202 through 99205 

18 or by HCPCS code 99211 (or any 

19 successor codes), but only if such 

20 service is billed in conjunction with 

21 HCPCS code G2211 (or a successor 

22 code). 

23 ‘‘(II) Services identified by any of 

24 HCPCS codes 99212 through 99215 

25 (or any successor codes). 


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1 ‘‘(III) Services identified by 

2 HCPCS code G2211 (or any successor 

3 code). 

4 ‘‘(B) SPECIFIED HOLD HARMLESS RELIEF

5 PAYMENT.—The term ‘specified hold harmless 

6 relief payment’ means, with respect to an eligi7 ble service furnished in a specified year by a 

8 supplier, the difference between the payment 

9 amount determined under (or based on) the fee 

10 schedule established under section 1848 for 

11 such year and supplier and such amount that 

12 would have been determined under (or based 

13 on) such schedule for such service and supplier 

14 had such service been furnished in 2020. 

15 ‘‘(C) SPECIFIED YEAR.—The term ‘speci16 fied year’ means 2021 and 2022. 

17 ‘‘(3) COORDINATION.—The amount of the addi18 tional payment for a service under this subsection 

19 and subsection (m) shall be determined without re20 gard to any additional payment for the service under 

21 subsection (m) and this subsection, respectively. The 

22 amount of the additional payment for a service 

23 under this subsection and subsection (z) shall be de24 termined without regard to any additional payment 


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1 for the service under subsection (z) and this sub2 section, respectively. 

3 ‘‘(4) CLARIFICATION.—For purposes of this 

4 subsection, a service for which payment is made 

5 under (or based on) the fee schedule established 

6 under section 1848 includes a service payable under 

7 section 1834(k). 

8 ‘‘(5) LIMITATION ON JUDICIAL REVIEW.—There 

9 shall be no administrative or judicial review under 

10 section 1869, 1878, or otherwise, respecting the 

11 identification of eligible services under this sub12 section.’’. 

13 (b) CONFORMING AMENDMENT.—Section 

14 1834(g)(2)(B) of the Social Security Act (42 U.S.C. 

15 1395m(g)(2)(B)) is amended by striking ‘‘(x) and (y)’’ 

16 and inserting ‘‘(x), (y), and (dd)’’. 

Æ 


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