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

To provide for quality assurance of COVID–19 reimbursements and reporting. 1. Quality assurance of COVID–19 reimbursements and reporting (a) In general Notwithstanding any other provision of law, no Federal funds shall be used for a reimbursement or payment for— (1) COVID–19 testing of any individual unless the request for such reimbursement or payment is accompanied by evidence that the individual was tested using a test that was approved, cleared, or authorized under section 510(k), 513, 515, or 564 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360(k) (2) COVID–19 treatment of any individual unless the request for reimbursement or payment is accompanied by evidence that the person tested positive for COVID–19 using a test that was approved, cleared, or authorized under section 510(k), 513, 515, or 564 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360(k) (b) Quality assurance of reimbursements For purposes of subsection (a), notwithstanding any other provision of law, the head of any Federal agency authorized to make a reimbursement or payment for COVID–19 testing or treatment of individuals shall review each request presented for such reimbursement or payment and— (1) deny any request for such a reimbursement or payment for COVID–19 testing of an individual or, if reimbursement or payment has already been made, cause to be recovered such reimbursement or payment, unless the request is accompanied by evidence that the individual was tested using a test that was approved, cleared, or authorized under section 510(k), 513, 515, or 564 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360(k) (2) deny any request for such a reimbursement or payment for COVID–19 treatment of an individual or, if reimbursement or payment has already been made, cause to be recovered such reimbursement or payment, unless the request is accompanied by evidence that the individual tested positive for COVID–19 using a test that was approved, cleared, or authorized under section 510(k), 513, 515, or 564 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360(k) (3) provide to the Director of the Centers for Disease Control and Prevention the results of such review. (c) Correction of reports The Director of the Centers for Disease Control and Prevention shall apply the results provided to the Director under subsection (b)(3) to— (1) exclude from the official United States count of cases of COVID–19 any individual reported to have been positive for COVID–19 in a request subject to review in subsection (b) but where the agency head involved found the request was not accompanied by evidence that the individual had been tested positive for COVID–19 using a test that was approved, cleared, or authorized under section 510(k), 513, 515, or 564 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360(k) (2) exclude from the official United States count of deaths due to COVID–19 any individual who died and was reported to have been treated or tested positive for COVID–19 in a request subject to review under subsection (b) but where the agency head involved found the request was not accompanied by evidence that the individual had been tested positive for COVID–19 using a test that was approved, cleared, or authorized under section 510(k), 513, 515, or 564 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360(k) (d) Penalty Any person who knowingly reports a false diagnosis of COVID–19 shall be imprisoned not more than 10 years and fined under title 18, United States Code, or both.

Summary: This bill (1) establishes documentation requirements for testing, treatment, and reporting related to COVID-19 (i.e., coronavirus disease 2019); and (2) makes it unlawful to knowingly report a false diagnosis of COVID-19. To receive a federal reimbursement for the cost of a COVID-19 diagnostic test or treatment, the request for reimbursement must document that the administered COVID-19 test has been approved, cleared, or authorized by the Food and Drug Administration. Further, the Centers for Disease Control and Prevention must exclude from its official COVID-19 case and death counts any person who tested positive and requested federal reimbursement without the required documentation. Additionally, any person who knowingly reports a false diagnosis of COVID-19 is subject to criminal fines and imprisonment for not more than 10 years.