I 

116TH CONGRESS 

2D SESSION H. R. 7292 

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

of certain accelerated and advance payments under parts A and B 

of the Medicare program. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 22, 2020 

Ms. KAPTUR (for herself, Mr. GIBBS, Mr. FITZPATRICK, Mr. GONZALEZ of 

Ohio, Mr. RUPPERSBERGER, Mr. RYAN, Mr. RUSH, Mr. LAMALFA, Mr. 

VAN DREW, Mr. KEATING, Mr. STIVERS, Mr. KING of Iowa, Mr. NORCROSS, Mr. LYNCH, Mrs. BEATTY, Mr. BALDERSON, Mr. COHEN, Ms. 

STEVENS, Mr. MITCHELL, Ms. FUDGE, Mr. O’HALLERAN, Mr. TONKO, 

Ms. WILD, Mr. VEASEY, Mr. YOUNG, Mr. SIRES, Mr. TURNER, Ms. 

JACKSON LEE, Mr. DANNY K. DAVIS of Illinois, Ms. SHERRILL, Mrs. 

MCBATH, Mr. COX of California, Mr. EVANS, Mr. MOULTON, Mr. 

KATKO, Mr. ENGEL, Mr. JOYCE of Ohio, Mr. KING of New York, Mr. 

ROSE of New York, and Mrs. TRAHAN) introduced the following bill; 

which was referred to the Committee on Energy and Commerce, and in 

addition to the Committee on Ways and Means, 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 XVIII of the Social Security Act to provide 

for forgiveness of certain accelerated and advance payments under parts A and B of the Medicare program. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as ‘‘The COVID-19 Hospital 

3 and Health Provider Loan Forgiveness Act of 2020’’. 

4 SEC. 2. PROVIDING FOR FORGIVENESS OF CERTAIN ACCEL5 ERATED AND ADVANCE PAYMENTS UNDER 

6 PARTS A AND B OF THE MEDICARE PRO7 GRAM. 

8 (a) FORGIVENESS OF PAYMENTS.— 

9 (1) PART A.—Section 1815(f) of the Social Se10 curity Act (42 U.S.C. 1395g(f)) is amended— 

11 (A) in paragraph (2), by adding at the end 

12 the following new subparagraph: 

13 ‘‘(D) In the case of an accelerated payment 

14 made to a hospital under such program on or after 

15 the date of the enactment of the CARES Act and 

16 so made during the emergency period described in 

17 section 1135(g)(1)(B), the Secretary shall waive the 

18 requirement that such payment be repaid (or re19 couped) if the hospital meets the requirements de20 scribed in paragraph (5), except that such waiver 

21 shall not apply with respect to any amounts from 

22 such payment that were not used for COVID–19 

23 losses or expenses of the hospital as of June 30, 

24 2021, based on the attestation of the hospital. The 

25 hospital shall repay any such amounts to the Sec26 retary not later than July 1, 2023. The interest rate 


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1 for any such amount not so repaid as of such date 

2 shall be 2 percent if the hospital demonstrates hard3 ship.’’; 

4 (B) in paragraph (3), by inserting ‘‘and 

5 paragraph (2)(D)’’ after ‘‘paragraph (2)(C)’’; 

6 and 

7 (C) by adding at the end the following new 

8 paragraph: 

9 ‘‘(5) For purposes of paragraph (2)(D), the require10 ments described in this paragraph are the following: 

11 ‘‘(A) The hospital did not use any portion of a 

12 payment described in such paragraph for compensa13 tion or benefits, including salary, bonuses, awards of 

14 stock, or other financial benefits, for an officer or 

15 employee described in section 4004(a)(2) of the 

16 CARES Act (Public Law 116–136). 

17 ‘‘(B) The hospital used at least 60 percent of 

18 such payment for employee compensation (other 

19 than an officer or employee described in subpara20 graph (A)) during the period beginning on January 

21 1, 2020, and ending on June 30, 2021. 

22 ‘‘(C) The hospital did not balance bill or sur23 prise bill any COVID–19 patient.’’. 

24 (2) PART B.— 


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1 (A) IN GENERAL.—In carrying out the 

2 program described in section 421.214 of title 

3 42, Code of Federal Regulations (or a successor 

4 regulation), in the case of a payment made 

5 under such program to an entity on or after the 

6 date of the enactment of the CARES Act (Pub7 lic Law 116–136) and so made during the 

8 emergency period described in section 

9 1135(g)(1)(B) of the Social Security Act (42 

10 U.S.C. 1320b–5(g)(1)(B)), the Secretary of 

11 Health and Human shall waive the requirement 

12 that such payment be repaid (or recouped) if 

13 the entity meets the requirements described in 

14 subparagraph (B), except that such waiver shall 

15 not apply with respect to any amounts from 

16 such payment that were not used for COVID– 

17 19 losses or expenses of the entity as of June 

18 30, 2021, based on the attestation of the entity. 

19 The entity shall repay any such amounts to the 

20 Secretary not later than July 1, 2023. The in21 terest rate for any such amount not so repaid 

22 as of such date shall be 2 percent if the entity 

23 demonstrates hardship. 


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1 (B) REQUIREMENTS.—For purposes of 

2 subparagraph (A), the requirements described 

3 in this subparagraph are the following: 

4 (i) The entity did not use any portion 

5 of a payment described in such subpara6 graph for compensation or benefits, includ7 ing salary, bonuses, awards of stock, or 

8 other financial benefits, for an officer or 

9 employee described in section 4004(a)(2) 

10 of the CARES Act (Public Law 116–136). 

11 (ii) The entity used at least 60 per12 cent of such payment for employee com13 pensation (other than an officer or em14 ployee described in clause (i)) during the 

15 period beginning on January 1, 2020, and 

16 ending on June 30, 2021. 

17 (iii) The entity did not balance bill or 

18 surprise bill any COVID–19 patient. 

19 (b) ENSURING THE SOLVENCY OF MEDICARE TRUST

20 FUNDS.— 

21 (1) FEDERAL HOSPITAL INSURANCE TRUST

22 FUND.—Section 1817 of the Social Security Act (42 

23 U.S.C. 1395i) is amended by adding at the end the 

24 following new subsection: 


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1 ‘‘(l) ACCELERATED PAYMENT PROGRAM TRANS2 FERS.— 

3 ‘‘(1) IN GENERAL.—There shall be transferred 

4 from the General Fund of the Treasury to the Trust 

5 Fund, periodically (as determined by the Managing 

6 Trustee), amounts such that the aggregate amount 

7 so transferred under this paragraph equals the total 

8 amount of specified payments (as defined in para9 graph (2)) made under this part. 

10 ‘‘(2) SPECIFIED PAYMENT.—In this subsection, 

11 the term ‘specified payment’ means a payment that 

12 is made— 

13 ‘‘(A) under section 1815(e)(3); and 

14 ‘‘(B) during the emergency period de15 scribed in section 1135(g)(1)(B).’’. 

16 (2) FEDERAL SUPPLEMENTARY MEDICAL IN17 SURANCE TRUST FUND.—Section 1841 of the Social 

18 Security Act (42 U.S.C. 1395t) is amended by add19 ing at the end the following new subsection: 

20 ‘‘(j) ADVANCE PAYMENT PROGRAM TRANSFERS.— 

21 ‘‘(1) IN GENERAL.—There shall be transferred 

22 from the General Fund of the Treasury to the Trust 

23 Fund, periodically (as determined by the Secretary/ 

24 the Managing Trustee), amounts such that the ag25 gregate amount so transferred under this paragraph 


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1 equals the total amount of specified payments (as 

2 defined in paragraph (2)) made under this part. 

3 ‘‘(2) SPECIFIED PAYMENT.—In this subsection, 

4 the term ‘specified payment’ means a payment that 

5 is made— 

6 ‘‘(A) under the program described in sec7 tion 421.214 of title 42, Code of Federal Regu8 lations (or a successor regulation); and 

9 ‘‘(B) during the emergency period de10 scribed in section 1135(g)(1)(B).’’. 

11 (c) INSURER REQUIREMENTS.—Subpart II of part A 

12 of title XXVII of the Public Health Service Act (42 U.S.C. 

13 300gg–11 et seq.) is amended by adding at the end the 

14 following new section: 

15 ‘‘SEC. 2730. COVERAGE AND PAYMENT REQUIREMENTS FOR 

16 ITEMS AND SERVICES FURNISHED TO COVID– 

17 19 PATIENTS OUT-OF-NETWORK. 

18 ‘‘In the case of an item or service furnished by a 

19 health care provider to a COVID–19 patient who is an 

20 enrollee in a group health plan or group or individual 

21 health insurance coverage offered by a health insurance 

22 issuer, if such provider does not have in effect a contrac23 tual relationship for furnishing such item or service under 

24 such plan or coverage, the plan or issuer (as applicable)— 


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1 ‘‘(1) shall pay to such provider the amount 

2 which would have been payable to such provider had 

3 such provider had in effect such a relationship for 

4 furnishing such item or service; and 

5 ‘‘(2) shall ensure that any applicable cost-shar6 ing requirement is the same requirement that would 

7 have applied had such item or service been furnished 

8 by a provider that had in effect such a relation9 ship.’’. 

10 (d) PUBLICATION.—The Secretary of Health and 

11 Human Services shall publish on a public website the fol12 lowing: 

13 (1) A specification of each hospital receiving 

14 forgiveness of payment under section 1815(e)(3) of 

15 the Social Security Act (42 U.S.C. 1395g(e)(3)) and 

16 each entity receiving forgiveness of payment under 

17 the program described in section 421.214 of title 42, 

18 Code of Federal Regulations (or a successor regula19 tion). 

20 (2) The amount of such forgiveness with re21 spect to each such hospital and entity. 

Æ 


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