I 

117TH CONGRESS 

1ST SESSION H. R. 311 

To provide for quality assurance of COVID–19 reimbursements and reporting. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 13, 2021 

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

on Energy and Commerce, and in addition to the Committee on the Judiciary, 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 provide for quality assurance of COVID–19 

reimbursements and reporting. 

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

3 SECTION 1. QUALITY ASSURANCE OF COVID–19 REIM4 BURSEMENTS AND REPORTING. 

5 (a) IN GENERAL.—Notwithstanding any other provi6 sion of law, no Federal funds shall be used for a reim7 bursement or payment for— 

8 (1) COVID–19 testing of any individual unless 

9 the request for such reimbursement or payment is 


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1 accompanied by evidence that the individual was 

2 tested using a test that was approved, cleared, or 

3 authorized under section 510(k), 513, 515, or 564 

4 of the Federal Food, Drug, and Cosmetic Act (21 

5 U.S.C. 360(k), 360c, 360e, 360bbb–3) for COVID– 

6 19 diagnosis; or 

7 (2) COVID–19 treatment of any individual un8 less the request for reimbursement or payment is ac9 companied by evidence that the person tested posi10 tive for COVID–19 using a test that was approved, 

11 cleared, or authorized under section 510(k), 513, 

12 515, or 564 of the Federal Food, Drug, and Cos13 metic Act (21 U.S.C. 360(k), 360c, 360e, 360bbb– 

14 3) for COVID–19 diagnosis. 

15 (b) QUALITY ASSURANCE OF REIMBURSEMENTS.— 

16 For purposes of subsection (a), notwithstanding any other 

17 provision of law, the head of any Federal agency author18 ized to make a reimbursement or payment for COVID– 

19 19 testing or treatment of individuals shall review each 

20 request presented for such reimbursement or payment 

21 and— 

22 (1) deny any request for such a reimbursement 

23 or payment for COVID–19 testing of an individual 

24 or, if reimbursement or payment has already been 

25 made, cause to be recovered such reimbursement or 


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1 payment, unless the request is accompanied by evi2 dence that the individual was tested using a test 

3 that was approved, cleared, or authorized under sec4 tion 510(k), 513, 515, or 564 of the Federal Food, 

5 Drug, and Cosmetic Act (21 U.S.C. 360(k), 360c, 

6 360e, 360bbb–3) for COVID–19 diagnosis as of the 

7 date of the review of the head of the agency; 

8 (2) deny any request for such a reimbursement 

9 or payment for COVID–19 treatment of an indi10 vidual or, if reimbursement or payment has already 

11 been made, cause to be recovered such reimburse12 ment or payment, unless the request is accompanied 

13 by evidence that the individual tested positive for 

14 COVID–19 using a test that was approved, cleared, 

15 or authorized under section 510(k), 513, 515, or 

16 564 of the Federal Food, Drug, and Cosmetic Act 

17 (21 U.S.C. 360(k), 360c, 360e, 360bbb–3) for 

18 COVID–19 diagnosis as of the date of the review of 

19 the head of the agency; and 

20 (3) provide to the Director of the Centers for 

21 Disease Control and Prevention the results of such 

22 review. 

23 (c) CORRECTION OF REPORTS.—The Director of the 

24 Centers for Disease Control and Prevention shall apply 


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1 the results provided to the Director under subsection 

2 (b)(3) to— 

3 (1) exclude from the official United States 

4 count of cases of COVID–19 any individual reported 

5 to have been positive for COVID–19 in a request 

6 subject to review in subsection (b) but where the 

7 agency head involved found the request was not ac8 companied by evidence that the individual had been 

9 tested positive for COVID–19 using a test that was 

10 approved, cleared, or authorized under section 

11 510(k), 513, 515, or 564 of the Federal Food, 

12 Drug, and Cosmetic Act (21 U.S.C. 360(k), 360c, 

13 360e, 360bbb–3) for diagnosis of COVID–19; and 

14 (2) exclude from the official United States 

15 count of deaths due to COVID–19 any individual 

16 who died and was reported to have been treated or 

17 tested positive for COVID–19 in a request subject to 

18 review under subsection (b) but where the agency 

19 head involved found the request was not accom20 panied by evidence that the individual had been test21 ed positive for COVID–19 using a test that was ap22 proved, cleared, or authorized under section 510(k), 

23 513, 515, or 564 of the Federal Food, Drug, and 

24 Cosmetic Act (21 U.S.C. 360(k), 360c, 360e, 

25 360bbb–3) for diagnosis of COVID–19. 


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1 (d) PENALTY.—Any person who knowingly reports a 

2 false diagnosis of COVID–19 shall be imprisoned not more 

3 than 10 years and fined under title 18, United States 

4 Code, or both. 

Æ 


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