I 

116TH CONGRESS 

2D SESSION H. R. 8167 

To amend the Paycheck Protection Program and Health Care Enhancement 

Act to expand the appropriations under the Public Health and Social 

Services Emergency Fund to include the scale up of testing by veterinary 

and biotechnology company laboratories, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 4, 2020 

Mr. CRIST introduced the following bill; which was referred to the Committee 

on Energy and Commerce 

A BILL 

To amend the Paycheck Protection Program and Health 

Care Enhancement Act to expand the appropriations 

under the Public Health and Social Services Emergency 

Fund to include the scale up of testing by veterinary 

and biotechnology company laboratories, 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 ‘‘Coronavirus Testing 

5 Capacity Expansion Act’’. 


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1 SEC. 2. EXPANSION OF APPROPRIATIONS AND ESTABLISH2 MENT OF DIRECT REIMBURSEMENT PRO3 GRAM. 

4 (a) EXPANSION OF APPROPRIATIONS UNDER THE

5 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

6 FUND.—The second paragraph of ‘‘Department of Health 

7 and Human Serves—Office of the Secretary—Public 

8 Health and Social Services Emergency Fund’’ of title I 

9 of division B of the Paycheck Protection Program and 

10 Health Care Enhancement Act (Public Law 116–139) is 

11 amended by striking ‘‘and hospital laboratories’’ each 

12 place it appears and inserting ‘‘hospital, veterinary, and 

13 biotechnology company laboratories’’. 

14 (b) DIRECT REIMBURSEMENT PROGRAM FOR CER15 TAIN COVID–19 ITEMS AND SERVICES.— 

16 (1) IN GENERAL.—Notwithstanding any other 

17 provision of law, during the specified period, the 

18 Secretary of Health and Human Services (in this 

19 subsection, referred to as the ‘‘Secretary’’) shall 

20 carry out a program that reimburses an eligible enti21 ty that furnishes an eligible item or service. 

22 (2) USE OF FUNDS.—In addition to the pur23 poses specified in the second paragraph of ‘‘Depart24 ment of Health and Human Serves—Office of the 

25 Secretary—Public Health and Social Services Emer26 gency Fund’’ of title I of division B of the Paycheck 


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1 Protection Program and Health Care Enhancement 

2 Act (Public Law 116–139), an eligible entity may 

3 use funds to hire and train staff (including adminis4 trative staff or individuals who conduct testing for 

5 COVID–19). 

6 (3) CLAIMS FOR REIMBURSEMENT.— 

7 (A) CLAIMS.—An eligible entity may only 

8 submit to the Secretary a claim for reimburse9 ment of an eligible item or service furnished by 

10 such entity. 

11 (B) REIMBURSEMENT.—Upon receipt of a 

12 valid claim for reimbursement described in sub13 paragraph (A), the Secretary shall reimburse an 

14 eligible entity an amount for an eligible item or 

15 service (as determined by the Secretary). 

16 (4) PROHIBITION OF COST-SHARING.—An eligi17 ble entity may not impose any cost-sharing for an el18 igible item or service. 

19 (c) DEFINITIONS.—In this Act: 

20 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti21 ty’’ means— 

22 (A) any laboratory that has not submitted 

23 a claim for reimbursement for an eligible item 

24 or service before the date of the enactment of 

25 this Act; and 


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1 (B) any laboratory that is not a subsidiary 

2 of a laboratory that has submitted a claim for 

3 reimbursement for an eligible item or service 

4 before the date of the enactment of this Act. 

5 (2) ELIGIBLE ITEM OR SERVICE.—The term 

6 ‘‘eligible item or service’’ is an item or service that 

7 is specified under title I of the Paycheck Protection 

8 Program and Health Care Enhancement Act (Public 

9 Law 116–139). 

10 (3) SPECIFIED PERIOD.—The term ‘‘specified 

11 period’’ means the period— 

12 (A) beginning on the first day of the emer13 gency period described in section 1135(g)(1)(B) 

14 of the Social Security Act (42 U.S.C. 1320b– 

15 5(g)(1)(B)); and 

16 (B) ending on the date that is the later of 

17 the— 

18 (i) the last day of the emergency pe19 riod; or 

20 (ii) the day on which funds appro21 priated under the second paragraph of 

22 ‘‘Department of Health and Human 

23 Serves—Office of the Secretary—Public 

24 Health and Social Services Emergency 

25 Fund’’ of title I of division B of the PayVerDate Sep 11 2014 23:48 Sep 05, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8167.IH H8167

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1 check Protection Program and Health 

2 Care Enhancement Act (Public Law 116– 

3 139) are available. 

Æ 


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