I 

117TH CONGRESS 

1ST SESSION H. R. 1609 

To amend title XI of the Social Security Act to provide Secretarial authority 

to temporarily waive or modify application of certain Medicare requirements with respect to ambulance services furnished during certain emergency periods. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 8, 2021 

Mrs. AXNE (for herself, Mr. LARSON of Connecticut, and Mr. WESTERMAN) 

introduced the following bill; which was referred to the Committee on 

Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend title XI of the Social Security Act to provide 

Secretarial authority to temporarily waive or modify application of certain Medicare requirements with respect 

to ambulance services furnished during certain emergency periods. 

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 ‘‘Treatment in Place 

5 Act’’. 


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1 SEC. 2. SECRETARIAL AUTHORITY TO TEMPORARILY 

2 WAIVE OR MODIFY APPLICATION OF CER3 TAIN MEDICARE REQUIREMENTS WITH RE4 SPECT TO AMBULANCE SERVICES FUR5 NISHED DURING CERTAIN EMERGENCY PERI6 ODS. 

7 (a) WAIVER AUTHORITY.—Section 1135(b) of the 

8 Social Security Act (42 U.S.C. 1320b–5(b)) is amended— 

9 (1) in the first sentence— 

10 (A) in paragraph (7), by striking ‘‘and’’ at 

11 the end; 

12 (B) in paragraph (8), by striking the pe13 riod at the end and inserting ‘‘; and’’; and 

14 (C) by inserting after paragraph (8) the 

15 following new paragraph: 

16 ‘‘(9) any requirement under section 1861(s)(7) 

17 or section 1834(l) that an ambulance service include 

18 the transport of an individual to the extent nec19 essary to allow payment for ground ambulance serv20 ices furnished in response to a 911 call (or the 

21 equivalent in areas without a 911 call system) in 

22 cases in which an individual would have been trans23 ported to a destination permitted under Medicare 

24 regulations (as described in section 410.40 to title 

25 42, Code of Federal Regulations (or successor regu26 lations)) but such transport did not occur as a result 


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1 of community-wide emergency medical service 

2 (EMS) protocols due to the public health emergency 

3 described in subsection (g)(1)(B).’’; and 

4 (2) in the flush matter at the end, by adding 

5 at the end the following: ‘‘Ground ambulance serv6 ices for which payment is made pursuant to para7 graph (9) shall be paid at the base rate that would 

8 have been paid under the fee schedule established 

9 under 1834(l) (excluding any mileage payment) if 

10 the individual had been so transported and, with re11 spect to ambulance services furnished by a critical 

12 access hospital or an entity described in paragraph 

13 (8) of such section, at the amount that otherwise 

14 would be paid under such paragraph.’’. 

15 (b) EMERGENCY PERIOD EXCEPTION.—Section 

16 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 

17 1320b–5(g)(1)(B)) is amended, in the matter preceding 

18 clause (i), by striking ‘‘subsection (b)(8)’’ and inserting 

19 ‘‘paragraphs (8) and (9) of subsection (b)’’. 

Æ 


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