I 

116TH CONGRESS 

2D SESSION H. R. 8496 

To amend title XVIII of the Social Security Act to revise payment amounts 

for results of COVID–19 PCR diagnostic panels, to require laboratories 

to furnish the results of such panels within 28 days as a condition 

of participation under such title, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 1, 2020 

Ms. SHERRILL (for herself, Ms. DELBENE, Ms. SEWELL of Alabama, Mr. 

THOMPSON of Mississippi, Mr. ENGEL, Ms. NORTON, Mr. SUOZZI, and 

Mr. DANNY K. DAVIS of Illinois) 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 revise 

payment amounts for results of COVID–19 PCR diagnostic panels, to require laboratories to furnish the results of such panels within 28 days as a condition of 

participation under such title, 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, 

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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Strictly Pay for Effi3 cient and Expedited Delivery of Your COVID-19 Tests 

4 Act’’ or the ‘‘SPEEDY COVID-19 Tests Act’’. 

5 SEC. 2. REVISION TO PAYMENT AMOUNTS FOR RESULTS OF 

6 COVID–19 PCR DIAGNOSTIC PANELS. 

7 (a) IN GENERAL.—Section 1834A of the Social Secu8 rity Act (42 U.S.C. 1395m–1) is amended by adding at 

9 the end the following new subsection: 

10 ‘‘(j) PAYMENT FOR DELAYED RESULTS OF COVID– 

11 19 PCR DIAGNOSTIC PANELS.— 

12 ‘‘(1) IN GENERAL.—In the case of a clinical di13 agnostic laboratory test that is the ‘CDC 2019 

14 Novel Coronavirus (2019-nCoV) Real-Time Reverse 

15 Transcriptase (RT)–PCR Diagnostic Panel’, during 

16 the emergency period described in section 

17 1135(g)(1)(B) beginning of the date of the enact18 ment of this subsection, subject to paragraph (2), if 

19 the laboratory furnishes the result of such test to 

20 the physician or provider of services from which such 

21 test was ordered— 

22 ‘‘(A) during the period that is not more 

23 than 24 hours after such test was so ordered, 

24 the amount of payment for such test shall be 

25 125 percent of the amount of payment under 

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1 this section on the date of the enactment of this 

2 subsection; 

3 ‘‘(B) during the period that is more than 

4 24 hours and less than 48 hours after such test 

5 was so ordered, the amount of payment for 

6 such test shall be 100 percent of the amount of 

7 payment under this section on the date of the 

8 enactment of this subsection; 

9 ‘‘(C) during the period that is more than 

10 48 hours and less than 72 hours after such test 

11 was so ordered, payment for such test shall be 

12 100 percent of the amount of payment under 

13 this section on the first date of such emergency 

14 period; and 

15 ‘‘(D) during the period that is at least 72 

16 hours after such test was so ordered, payment 

17 may not be made for such test under this sec18 tion. 

19 ‘‘(2) EXCEPTION FOR COVID–19 PCR DIAG20 NOSTIC PANELS FURNISHED IN RURAL AND MEDI21 CALLY UNDERSERVED AREAS.—In the case of a phy22 sician or provider of services that furnishes a test 

23 described in paragraph (1) in a rural or medically 

24 underserved area, for purposes of determining the 

25 applicable period under such paragraph, the number 

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1 of hours from which the laboratory furnished the re2 sult of the test to the physician or provider of serv3 ices after such test was ordered shall be reduced by 

4 36 hours.’’. 

5 (b) CONFORMING AMENDMENT.—Section 1834A of 

6 the Social Security Act (42 U.S.C. 1395m–1), as amended 

7 by subsection (a), is further amended— 

8 (1) in subsection (b)— 

9 (A) in paragraph (1)(A), by striking ‘‘Sub10 ject to paragraph (3) and subsections (c) and 

11 (d)’’ and inserting ‘‘Subject to paragraph (3) 

12 and subsections (c), (d), and (j)’’; and 

13 (B) in paragraph (3), by striking ‘‘Pay14 ment’’ and inserting ‘‘Subject to subsection (j), 

15 payment’’; 

16 (2) in subsection (c)(1), by inserting ‘‘subject to 

17 subsection (j),’’ before ‘‘payment’’; and 

18 (3) in subsection (d)— 

19 (A) in paragraph (1)(A), by inserting 

20 ‘‘subject to subsection (j),’’ before ‘‘the pay21 ment amount’’; and 

22 (B) in paragraph (3), by striking ‘‘Subject 

23 to paragraph (4)’’ and inserting ‘‘Subject to 

24 paragraph (4) and subsection (j)’’. 

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1 SEC. 3. CONDITION OF PARTICIPATION FOR LABORA2 TORIES TO FURNISH THE RESULTS OF 

3 COVID–19 PCR DIAGNOSTIC PANELS WITHIN 

4 28 DAYS. 

5 Section 1866(a)(1) of the Social Security Act (42 

6 U.S.C. 1395cc(a)(1)) is amended— 

7 (1) in subparagraph (Y)(ii)— 

8 (A) in subclause (IV)(bb), by striking at 

9 the end ‘‘and’’; and 

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

11 at the end and inserting ‘‘; and’’; and 

12 (2) by inserting after subparagraph (Y)(ii)(V) 

13 the following new subparagraph: 

14 ‘‘(Z) in the case of a laboratory that re15 ceives an order from a physician or provider of 

16 services to furnish the result of a test described 

17 in section 1834A(j)(1) during the emergency 

18 period described in section 1135(g)(1)(B), to 

19 furnish the result to the physician or provider 

20 of services from which such test was ordered 

21 during the period that is 28 days after such 

22 test was so ordered.’’. 

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