I 

118TH CONGRESS 

1ST SESSION H. R. 5782 

To ensure access to cost-free rabies postexposure prophylaxis. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 28, 2023 

Mr. BERA 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 ensure access to cost-free rabies postexposure prophylaxis. 

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 ‘‘Affordable Rabies 

5 Treatment for All Act of 2023’’. 


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1 SEC. 2. REQUIRING THE SECRETARY OF HEALTH AND 

2 HUMAN SERVICES TO ESTABLISH A PRO3 GRAM TO REIMBURSE HEALTH CARE PRO4 VIDERS FOR FURNISHING RABIES 

5 POSTEXPOSURE PROPHYLAXIS AND RELATED 

6 SERVICES TO UNINSURED INDIVIDUALS. 

7 (a) IN GENERAL.—The Secretary of Health and 

8 Human Services shall establish a program under which— 

9 (1) program-registered providers submit claims 

10 to the Secretary with respect to the furnishing of 

11 medically necessary rabies postexposure prohylaxis 

12 and related items and services (as defined in sub13 section (b)) to uninsured individuals; and 

14 (2) the Secretary, subject to the availability of 

15 appropriations, pays each such provider for such 

16 prohylaxis and related items and services in an 

17 amount determined appropriate by the Secretary. 

18 (b) DEFINITIONS.—In this section: 

19 (1) PROGRAM-REGISTERED PROVIDER.—The 

20 term ‘‘program-registered provider’’ means a health 

21 care provider that— 

22 (A) is licensed or otherwise authorized to 

23 furnish rabies postexposure prohylaxis and re24 lated items and services in the State in which 

25 such provider furnishes such prophylaxis and 


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1 related items and services under the program 

2 established under this section; and 

3 (B) enters into an agreement with the Sec4 retary under which the provider agrees— 

5 (i) not to hold an uninsured individual 

6 liable for the cost of rabies postexposure 

7 prophylaxis or related items and services 

8 with respect to which a payment is made 

9 under subsection (a)(2); and 

10 (ii) to limit any charge to such indi11 vidual for the administration of such pro12 phylaxis or related items and services with 

13 respect to which such a payment is so 

14 made to an amount specified by the Sec15 retary. 

16 (2) RABIES POSTEXPOSURE PROHYLAXIS; RE17 LATED ITEMS AND SERVICES.—The terms ‘‘rabies 

18 postexposure prophylaxis’’ and ‘‘related items and 

19 services’’ have the meaning given such terms in sec20 tion 2713 of the Public Health Service Act (42 

21 U.S.C. 300gg–13). 

22 (3) SECRETARY.—The term ‘‘Secretary’’ means 

23 the Secretary of Health and Human Services. 

24 (4) UNINSURED INDIVIDUAL.—The term ‘‘unin25 sured individual’’ means, with respect to an indiVerDate Sep 11 2014 02:26 Oct 01, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5782.IH H5782

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1 vidual furnished rabies postexposure prohylaxis, an 

2 individual who is not enrolled in— 

3 (A) a Federal health care program (as de4 fined in section 1128B(f) of the Social Security 

5 Act (42 U.S.C. 1320a-7b(f))); 

6 (B) a group health plan or health insur7 ance coverage offered by a health insurance 

8 issuer in the group or individual market (as 

9 such terms are defined in section 2791 of the 

10 Public Health Service Act (42 U.S.C. 300gg11 91)); or 

12 (C) a health plan offered under chapter 89 

13 of title 5, United States Code. 

14 SEC. 3. ENSURING NO-COST COVERAGE OF RABIES 

15 POSTEXPOSURE PROPHYLAXIS AND RELATED 

16 ITEMS AND SERVICES FOR INSURED INDIVID17 UALS. 

18 (a) PRIVATE INSURANCE.— 

19 (1) IN GENERAL.—Section 2713 of the Public 

20 Health Service Act (42 U.S.C. 300gg–13) is amend21 ed— 

22 (A) in subsection (a)— 

23 (i) in paragraph (2), by striking 

24 ‘‘and’’ at the end; 


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1 (ii) in paragraph (3), by striking the 

2 period and inserting a semicolon; 

3 (iii) in paragraph (4), by striking the 

4 period and inserting a semicolon; 

5 (iv) by redesignating paragraph (5) as 

6 paragraph (6); and 

7 (v) by inserting after paragraph (4) 

8 the following new paragraph: 

9 ‘‘(5) rabies postexposure prohylaxis and related 

10 items and services; and’’; and 

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

12 subsection: 

13 ‘‘(d) DEFINITIONS.—In this section: 

14 ‘‘(1) RABIES POSTEXPOSURE PROPHYLAXIS.— 

15 The term ‘rabies postexposure prophylaxis’ means 

16 human rabies immune globulin and rabies vaccine 

17 doses, or any other treatment specified by the Sec18 retary, furnished in accordance with guidelines speci19 fied by the Secretary to an individual who has been 

20 potentially exposed to the rabies virus to prevent the 

21 occurrence of rabies. 

22 ‘‘(2) RELATED ITEMS AND SERVICES.—The 

23 term ‘related items and services’ means items and 

24 services furnished to an individual during health 

25 care provider office visits (which term in this paraVerDate Sep 11 2014 02:26 Oct 01, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5782.IH H5782

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1 graph includes in-person visits and telehealth visits), 

2 urgent care center visits, and emergency room visits 

3 that result in an order for or administration of ra4 bies postexposure prophylaxis described in para5 graph (2), but only to the extent such items and 

6 services relate to the furnishing or administration of 

7 such prophylaxis or to the evaluation of such indi8 vidual for purposes of determining the need of such 

9 individual for such prophylaxis.’’. 

10 (2) EFFECTIVE DATE.—The amendments made 

11 by this subsection shall apply with respect to plan 

12 years beginning on or after the date that is 1 year 

13 after the date of the enactment of this Act. 

14 (b) MEDICARE.— 

15 (1) IN GENERAL.—Section 1833 of the Social 

16 Security Act (42 U.S.C. 1395l) is amended— 

17 (A) in subsection (a)(1)— 

18 (i) in subparagraph (GG), by striking 

19 ‘‘and’’ at the end; and 

20 (ii) by inserting before the semicolon 

21 at the end the following ‘‘, and (II) with 

22 respect to rabies postexposure prohylaxis 

23 and related items and services (as such 

24 terms are defined in section 2713 of the 

25 Public Health Service Act), the amounts 


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1 paid shall be equal to 100 percent of the 

2 lesser of the actual charge for such 

3 prohylaxis, items, and services, or the 

4 amount otherwise payable for such 

5 prohylaxis, items, and services under this 

6 part’’; and 

7 (B) in subsection (b)— 

8 (i) in paragraph (12), by string ‘‘, 

9 and’’ at the end; and 

10 (ii) in paragraph (13), by striking ‘‘..’’ 

11 at the end and inserting ‘‘, and (14) such 

12 deductible shall not apply with respect to 

13 rabies postexposure prophylaxis and re14 lated items and services.’’. 

15 (2) EFFECTIVE DATE.—The amendments made 

16 by this subsection shall apply with respect to items 

17 and services furnished on or after the first day of 

18 the first calendar year beginning on or after the date 

19 that is 1 year after the date of the enactment of this 

20 Act. 


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1 SEC. 4. GRANTS TO LOCAL HEALTH DEPARTMENTS TO 

2 STOCKPILE RABIES POSTEXPOSURE PROPHY3 LAXIS. 

4 Part P of title III of the Public Health Service Act 

5 (42 U.S.C. 380g et seq.) is amended by adding at the end 

6 the following: 

7 ‘‘SEC. 399V–8. GRANTS TO LOCAL HEALTH DEPARTMENTS 

8 TO STOCKPILE RABIES POSTEXPOSURE PRO9 PHYLAXIS. 

10 ‘‘(a) IN GENERAL.—The Secretary may award grants 

11 to local health departments to— 

12 ‘‘(1) establish and maintain a stockpile of— 

13 ‘‘(A) rabies postexposure prophylaxis; and 

14 ‘‘(B) items that are related items and serv15 ices; and 

16 ‘‘(2) furnish rabies postexposure prohylaxis and 

17 related items and services. 

18 ‘‘(d) DEFINITIONS.—In this section, the terms ‘rabies 

19 postexposure prophylaxis’ and ‘related items and services’ 

20 have the meanings given such terms in section 2713.’’. 

Æ 


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