I 

116TH CONGRESS 

2D SESSION H. R. 8756 

To amend title XVIII of the Social Security Act to ensure adequate payment 

for certain physicians’ services furnished under part B of the Medicare 

program during the COVID–19 public health emergency. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 17, 2020 

Mr. RIGGLEMAN 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 ensure 

adequate payment for certain physicians’ services furnished under part B of the Medicare program during 

the COVID–19 public health emergency. 

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 ‘‘COVID Health Care 

5 Provider Assurance Act of 2020’’. 


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1 SEC. 2. ENSURING ADEQUATE PAYMENT FOR CERTAIN 

2 PHYSICIANS’ SERVICES FURNISHED UNDER 

3 PART B OF THE MEDICARE PROGRAM DUR4 ING THE COVID–19 PUBLIC HEALTH EMER5 GENCY. 

6 (a) ADJUSTMENT OF RELATIVE VALUE UNITS FOR

7 CERTAIN SERVICES.— 

8 (1) IN GENERAL.—Section 1848(c)(2) of the 

9 Social Security Act (42 U.S.C. 1395w–4(c)(2)) is 

10 amended by adding at the end the following sub11 paragraph: 

12 ‘‘(P) ADJUSTMENT OF RELATIVE VALUE

13 UNITS FOR CERTAIN SERVICES FURNISHED

14 DURING THE COVID–19 PUBLIC HEALTH EMER15 GENCY.— 

16 ‘‘(i) IN GENERAL.—In the case of a 

17 qualifying service (as defined in clause (ii)) 

18 furnished during the period beginning on 

19 the date of the enactment of this subpara20 graph and ending on the last day of the 

21 emergency period described in section 

22 1135(g)(1)(B), the Secretary shall increase 

23 the single combined relative value unit ap24 plicable to such service otherwise deter25 mined under this paragraph by 20 percent. 


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1 ‘‘(ii) QUALIFYING SERVICE DE2 FINED.—For purposes of clause (i), the 

3 term ‘qualifying service’ means critical care 

4 services, ventilation management services, 

5 emergency intubation services, services re6 lating to the placement of invasive moni7 toring lines and transesophageal echo8 cardiography, bronchoscopy services, chest 

9 tube insertion services, and feeding tube 

10 insertion services, as specified by the Sec11 retary.’’. 

12 (2) NONAPPLICATION OF BUDGET NEU13 TRALITY.—Section 1848(c)(2)(B)(iv) of the Social 

14 Security Act (42 U.S.C. 1395w–4(c)(2)(B)(iv)) is 

15 amended— 

16 (A) in subclause (III), by striking ‘‘and’’ at 

17 the end; 

18 (B) in subclause (IV), by striking the pe19 riod and inserting ‘‘; and’’; and 

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

21 subclause: 

22 ‘‘(V) subparagraph (P) shall not 

23 be taken into account in applying 

24 clause (ii)(II).’’. 


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1 (b) ADJUSTMENT OF THE SEPARATE CONVERSION

2 FACTOR FOR ANESTHESIA SERVICES.— 

3 (1) IN GENERAL.—Section 1848(d)(1)(D) of 

4 the Social Security Act (42 U.S.C. 1395w– 

5 4(d)(1)(D)) is amended— 

6 (A) by striking ‘‘The separate’’ and insert7 ing the following: 

8 ‘‘(i) IN GENERAL.—Subject to clause 

9 (ii), the separate’’; and 

10 (B) by adding at the end the following new 

11 clause: 

12 ‘‘(ii) SPECIAL RULE DURING THE

13 COVID–19 PUBLIC HEALTH EMERGENCY.— 

14 The separate conversion factor for anes15 thesia services furnished during the period 

16 beginning on the date of the enactment of 

17 this clause and ending on the last day of 

18 the emergency period described in section 

19 1135(g)(1)(B) shall be equal to such factor 

20 otherwise applicable under clause (i), in21 creased by 20 percent.’’. 

22 (2) NONAPPLICATION OF BUDGET NEU23 TRALITY.—Section 1848(c)(2)(B)(iv) of the Social 

24 Security Act (42 U.S.C. 1395w–4(c)(2)(B)(iv)), as 

25 amended by subsection (a)(2), is further amended— 


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1 (A) in subclause (IV), by striking ‘‘and’’ at 

2 the end; 

3 (B) in subclause (V), by striking the period 

4 and inserting ‘‘; and’’; and 

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

6 subclause: 

7 ‘‘(VI) subsection (d)(1)(D)(ii) 

8 shall not be taken into account in ap9 plying clause (ii)(II).’’. 

10 (c) ENSURING PAYMENT FOR CERTAIN CRITICAL

11 CARE SERVICES.— 

12 (1) COVERAGE.—Section 1861(s)(2) of the So13 cial Security Act (42 U.S.C. 1395x(s)(2)) is amend14 ed— 

15 (A) in subparagraph (GG), by striking 

16 ‘‘and’’ after the semicolon at the end; 

17 (B) in subparagraph (HH), by striking the 

18 period at the end and adding ‘‘; and’’; and 

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

20 subparagraph: 

21 ‘‘(II) specified critical care services (as defined 

22 in subsection (kkk)) furnished during the period be23 ginning on the date of the enactment of this sub24 paragraph and ending on the last day of the emer25 gency period described in section 1135(g)(1)(B) to 


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1 an inpatient of a hospital or a critical access hos2 pital;’’. 

3 (2) SPECIFIED CRITICAL CARE SERVICES DE4 FINED.—Section 1861 of the Social Security Act (42 

5 U.S.C. 1395x) is amended by adding at the end the 

6 following new subsection: 

7 ‘‘(kkk) SPECIFIED CRITICAL CARE SERVICES.— 

8 ‘‘(1) IN GENERAL.—The term ‘specified critical 

9 care services’ means— 

10 ‘‘(A) physicians’ services not separately 

11 payable under part B as of the day before the 

12 date of the enactment of this subsection which 

13 the Secretary determines are necessary for the 

14 treatment of individuals with COVID–19; and 

15 ‘‘(B) physicians’ services furnished by a 

16 physician or practitioner (as defined in section 

17 1842(b)(18)(C)), in conjunction with a physi18 cian or practitioner that is otherwise billing for 

19 such services under such part, to an individual 

20 for the treatment of COVID–19 that the Sec21 retary determines need to be furnished by more 

22 than 1 physician or practitioner. 

23 ‘‘(2) LIMITATION ON MULTIPLE BILLINGS.— 

24 The Secretary may establish such limits as the Sec25 retary determines appropriate with respect to the 


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1 number of physicians and practitioners who may bill 

2 for a service described in paragraph (1)(B).’’. 

3 (3) PAYMENT; COST SHARING.— 

4 (A) IN GENERAL.—Section 1833(a)(1) of 

5 the Social Security Act (42 U.S.C. 1395l(a)(1)) 

6 is amended— 

7 (i) by striking ‘‘and’’ before ‘‘(DD)’’; 

8 and 

9 (ii) by inserting before the semicolon 

10 at the end the following: ‘‘, and (EE) with 

11 respect to specified critical care services 

12 (as defined in section 1861(kkk)), the 

13 amount paid shall be an amount equal to 

14 100 percent of the lesser of the amount 

15 charged for the services and the payment 

16 amount for such services determined under 

17 the payment basis under section 1848’’. 

18 (B) NONAPPLICATION OF DEDUCTIBLE.— 

19 Section 1833(b) of the Social Security Act (42 

20 U.S.C. 1395l(b)) is amended— 

21 (i) by striking ‘‘and (12)’’ and insert22 ing ‘‘(12)’’; and 

23 (ii) by striking ‘‘1861(s)(10)(A).’’ and 

24 inserting ‘‘1861(s)(10)(A), and (13) such 

25 deductible shall not apply with respect to 


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1 specified critical care services (as defined 

2 in section 1861(kkk)).’’. 

3 (C) INCLUSION AS PHYSICIANS’ SERV4 ICES.—Section 1848(j)(3) of the Social Security 

5 Act (42 U.S.C. 1395w–4(j)(3)) is amended by 

6 inserting ‘‘(2)(II),’’ before ‘‘(3)’’. 

Æ 


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