I 

117TH CONGRESS 

1ST SESSION H. R. 3219 

To provide funding relating to COVID–19 for high Medicaid providers, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 13, 2021 

Mr. RUSH (for himself and Mr. DANNY K. DAVIS of Illinois) introduced the 

following bill; which was referred to the Committee on Appropriations 

A BILL 

To provide funding relating to COVID–19 for high Medicaid 

providers, 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. FUNDING FOR HIGH MEDICAID PROVIDERS RE4 LATING TO COVID–19. 

5 (a) FUNDING.—In addition to amounts otherwise 

6 available, there is appropriated to the Secretary, for fiscal 

7 year 2021, out of any monies in the Treasury not other8 wise appropriated, $10,000,000,000 for purposes of mak9 ing payments to eligible high Medicaid health care pro10 viders for health care related expenses and lost revenues 


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1 that are attributable to COVID–19. Amounts appro2 priated under the preceding sentence shall remain avail3 able until expended. 

4 (b) APPLICATION REQUIREMENT.—To be eligible for 

5 a payment under this section, an eligible high Medicaid 

6 health care provider shall submit to the Secretary an ap7 plication in such form and manner as the Secretary shall 

8 prescribe. Such application shall contain the following: 

9 (1) A statement justifying the need of the pro10 vider for the payment, including documentation of 

11 the health care related expenses attributable to 

12 COVID–19 and lost revenues attributable to 

13 COVID–19. 

14 (2) The tax identification number of the pro15 vider. 

16 (3) Such assurances as the Secretary deter17 mines appropriate that the eligible high Medicaid 

18 health care provider will maintain and make avail19 able such documentation and submit such reports 

20 (at such time, in such form, and containing such in21 formation as the Secretary shall prescribe) as the 

22 Secretary determines is necessary to ensure compli23 ance with any conditions imposed by the Secretary 

24 under this section. 


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1 (4) Any other information determined appro2 priate by the Secretary. 

3 (c) LIMITATION.—Payments made to an eligible high 

4 Medicaid health care provider under this section may not 

5 be used to reimburse any expense or loss that— 

6 (1) has been reimbursed from another source; 

7 or 

8 (2) another source is obligated to reimburse. 

9 (d) APPLICATION OF REQUIREMENTS, RULES, AND

10 PROCEDURES.—The Secretary shall apply any require11 ments, rules, or procedures as the Secretary deems appro12 priate for the efficient execution of this section. 

13 (e) DEFINITIONS.—In this section: 

14 (1) ELIGIBLE HIGH MEDICAID HEALTH CARE

15 PROVIDER.—The term ‘‘eligible high Medicaid health 

16 care provider’’ means a provider of supplier that— 

17 (A) is enrolled with a State Medicaid plan 

18 under title XIX (or a waiver of such plan); 

19 (B) provides diagnoses, testing, or care for 

20 individuals with possible or actual cases of 

21 COVID–19; and 

22 (C) is either— 

23 (i) a disproportionate share hospitals 

24 described in Section 1923(b) of the Social 

25 Security Act; 


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1 (ii) a children’s hospitals described in 

2 Section 1886(d)(1)(B)(iii) of the Social Se3 curity Act and Section 340E of the Public 

4 Health Service Act; 

5 (iii) a physician or other practitioner 

6 described Section 1903(t)(2) of the Social 

7 Security Act (42 U.S.C. 1396b(t)(2)(A)); 

8 or 

9 (iv) such other providers and suppliers 

10 as the Secretary determines should be ap11 propriately considered to be included based 

12 on high caseloads of patients eligible under 

13 title XIX of the Social Security Act. 

14 (2) HEALTH CARE RELATED EXPENSES AT15 TRIBUTABLE TO COVID–19.—The term ‘‘health care 

16 related expenses attributable to COVID–19’’ means 

17 health care related expenses to prevent, prepare for, 

18 and respond to COVID–19, including the building or 

19 construction of a temporary structure, the leasing of 

20 a property, the purchase of medical supplies and 

21 equipment, including personal protective equipment 

22 and testing supplies, providing for increased work23 force and training (including maintaining staff, ob24 taining additional staff, or both), the operation of an 

25 emergency operation center, retrofitting a facility, 


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1 providing for surge capacity, and other expenses de2 termined appropriate by the Secretary. 

3 (3) LOST REVENUE ATTRIBUTABLE TO COVID– 

4 19.—The term ‘‘lost revenue attributable to COVID– 

5 19’’ has the meaning given that term in the Fre6 quently Asked Questions guidance released by the 

7 Department of Health and Human Services in June 

8 2020, including the difference between such pro9 vider’s budgeted and actual revenue if such budget 

10 had been established and approved prior to March 

11 27, 2020. 

12 (4) PAYMENT.—The term ‘‘payment’’ includes, 

13 as determined appropriate by the Secretary, a pre14 payment, a prospective payment, a retrospective pay15 ment, or a payment through a grant or other mecha16 nism. 

Æ 


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