II 

116TH CONGRESS 

2D SESSION S. 4358 

To amend title XIX of the Social Security Act to allow States to provide 

coverage under the Medicaid program for vaccines and treatment for 

COVID–19 for uninsured individuals without the imposition of cost sharing requirements, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 29, 2020 

Mr. BENNET (for himself, Mrs. SHAHEEN, Ms. HIRONO, Ms. HARRIS, and Mr. 

BLUMENTHAL) introduced the following bill; which was read twice and referred to the Committee on Finance 

A BILL 

To amend title XIX of the Social Security Act to allow 

States to provide coverage under the Medicaid program 

for vaccines and treatment for COVID–19 for uninsured 

individuals without the imposition of cost sharing requirements, and for other purposes. 

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 ‘‘Stronger Medicaid Re5 sponse to the COVID–19 Pandemic Act’’. 


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1 SEC. 2. OPTIONAL COVERAGE AT NO COST SHARING OF 

2 COVID–19 TREATMENT AND VACCINES UNDER 

3 MEDICAID FOR UNINSURED INDIVIDUALS. 

4 (a) IN GENERAL.—Section 1902(a)(10) of the Social 

5 Security Act (42 U.S.C. 1396a(a)(10)) is amended, in the 

6 matter following subparagraph (G), by striking ‘‘and any 

7 visit described in section 1916(a)(2)(G)’’ and inserting the 

8 following: ‘‘, any COVID–19 vaccine that is administered 

9 during any such portion (and the administration of such 

10 vaccine), any item or service that is furnished during any 

11 such portion for the treatment of COVID–19, including 

12 drugs approved or authorized under section 505 or 564 

13 of the Federal Food, Drug, and Cosmetic Act, or, in the 

14 case of an individual who is diagnosed with or presumed 

15 to have COVID–19, during the period such individual is 

16 infected (or presumed infected) with COVID–19, the 

17 treatment of a condition that may complicate the treat18 ment of COVID–19, the treatment of a COVID–19-re19 lated condition that follows the treatment of, or hos20 pitalization with, COVID–19, and any services described 

21 in section 1916(a)(2)(G)’’. 

22 (b) DEFINITION OF UNINSURED INDIVIDUAL.— 

23 (1) IN GENERAL.—Subsection (ss) of section 

24 1902 of the Social Security Act (42 U.S.C. 1396a) 

25 is amended to read as follows: 


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1 ‘‘(ss) UNINSURED INDIVIDUAL DEFINED.—For pur2 poses of this section, the term ‘uninsured individual’ 

3 means, notwithstanding any other provision of this title, 

4 any individual who is not covered by minimum essential 

5 coverage (as defined in section 5000A(f)(1) of the Internal 

6 Revenue Code of 1986).’’. 

7 (2) EFFECTIVE DATE.—The amendment made 

8 by paragraph (1) shall take effect and apply as if in9 cluded in the enactment of the Families First 

10 Coronavirus Response Act (Public Law 116–127). 

11 (c) CLARIFICATION REGARDING EMERGENCY SERV12 ICES FOR CERTAIN INDIVIDUALS.—For purposes of apply13 ing section 1903(v)(2)(A) of the Social Security Act (42 

14 U.S.C. 1396b(v)(2)(A)), the care and services described 

15 in such section shall include the following: 

16 (1) In vitro diagnostic products (as defined in 

17 section 809.3(a) of title 21, Code of Federal Regula18 tions), and the administration of such products. 

19 (2) A COVID–19 vaccine (and the administra20 tion of such vaccine). 

21 (3) Any item or service that is furnished for the 

22 treatment of COVID–19 or a condition that may 

23 complicate the treatment of COVID–19, the treat24 ment of a COVID–19-related condition that follows 

25 the treatment of, or hospitalization with, COVID– 


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1 19, and any services described in section 

2 1916(a)(2)(G) of such Act (42 U.S.C. 

3 1396o(a)(2)(G)). 

4 (d) EMERGENCY MEDICAID FOR INDIVIDUALS WITH

5 SUSPECTED COVID–19 INFECTIONS.—For purposes of 

6 applying section 1903(v)(3) of the Social Security Act (42 

7 U.S.C. 1396b(v)(3)), the term ‘‘emergency medical condi8 tion’’ (as defined in such section 1903(v)(3)) shall include, 

9 with respect to an individual, any concern that the indi10 vidual may have contracted COVID–19. 

11 (e) TREATMENT OF ASSISTANCE AND SERVICES PRO12 VIDED.—Beginning on the date of enactment of this Act— 

13 (1) the value of assistance or services provided 

14 to any person under a program with respect to 

15 which a coronavirus response law establishes or ex16 pands eligibility or benefits shall not be considered 

17 income or resources; and 

18 (2)(A) any medical coverage or services pro19 vided to an individual under subsection (v) of section 

20 1903 of the Social Security Act (42 U.S.C. 1396b) 

21 shall be considered treatment for an emergency med22 ical condition (as defined in subsection (v)(3) of 

23 such section) for any purpose under any Federal, 

24 State, or local law, including law relating to tax25 ation, welfare, and public assistance programs; and 


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1 (B) a participating State or political subdivision 

2 of a State shall not decrease any assistance other3 wise provided to an individual because of the receipt 

4 of benefits under the Social Security Act (42 U.S.C. 

5 301 et seq.). 

6 (f) OTHER DEFINITIONS.—In this section: 

7 (1) CORONAVIRUS PUBLIC HEALTH EMER8 GENCY.—The term ‘‘coronavirus public health emer9 gency’’ means— 

10 (A) an emergency involving Federal pri11 mary responsibility determined to exist by the 

12 President under section 501(b) of the Robert T. 

13 Stafford Disaster Relief and Emergency Assist14 ance Act (42 U.S.C. 5191(b)) with respect to 

15 COVID–19 or any other coronavirus with pan16 demic potential; 

17 (B) an emergency declared by a Federal 

18 official with respect to coronavirus (as defined 

19 in section 506 of the Coronavirus Preparedness 

20 and Response Supplemental Appropriations 

21 Act, 2020 (Public Law 116–123)); 

22 (C) a national emergency declared by the 

23 President under the National Emergencies Act 

24 (50 U.S.C. 1601 et seq.) with respect to 


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1 COVID–19 or any other coronavirus with pan2 demic potential; and 

3 (D) a public health emergency declared by 

4 the Secretary of Health and Human Services 

5 pursuant to section 319 of the Public Health 

6 Service Act (42 U.S.C. 247(d)) with respect to 

7 COVID–19 or any other coronavirus with pan8 demic potential. 

9 (2) CORONAVIRUS RESPONSE LAW.—The term 

10 ‘‘coronavirus response law’’ means— 

11 (A) the Coronavirus Preparedness and Re12 sponse Supplemental Appropriations Act, 2020 

13 (Public Law 116–123); 

14 (B) the Families First Coronavirus Re15 sponse Act (Public Law 116–127); 

16 (C) the Coronavirus Aid, Relief, and Eco17 nomic Security Act (Public Law 116–136); and 

18 (D) any subsequent law that appropriates 

19 or otherwise makes available funds, establishes, 

20 amends, or expands a program, or authorizes 

21 activities or assistance for a purpose that is ex22 pressly related to responding to, or mitigating 

23 the effects of, a coronavirus public health emer24 gency. 


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1 (g) RULE OF CONSTRUCTION.—Nothing in this sec2 tion shall be construed to limit— 

3 (1) the types of care and services that are nec4 essary for the treatment of an emergency condition 

5 for purposes of section 1903(v) of the Social Secu6 rity Act (42 U.S.C. 1396b(v)); or 

7 (2) the types of medical conditions that are 

8 ‘‘emergency medical conditions’’ for purposes of such 

9 section. 

Æ 


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