Relief for Rural Providers During Emergencies Act

To provide relief for rural providers during the national emergency with respect to the Coronavirus Disease 2019 (COVID–19). 1. Short title This Act may be cited as the Relief for Rural Providers During Emergencies Act 2. Pausing eligibility determinations under the 340B drug pricing program (a) In general The Secretary of Health and Human Services shall, for any cost reporting period ending in 2020 or 2021, for any other cost reporting period in which the COVID–19 public health emergency is in effect during all or part of such period, and for any extended period under subsection (b)— (1) pause the process of making any determination as to whether an entity, that was a covered entity for the most recent cost reporting period prior to the first date on which the COVID–19 public health emergency went into effect, continues to be such a covered entity; and (2) deem any entity, that was a covered entity for the most recent cost reporting period prior to the first date on which the COVID–19 public health emergency went into effect, as continuing to meet all requirements for being such a covered entity. (b) Extension The Secretary shall extend the application of paragraphs (1) and (2) of subsection (a) to any cost reporting period that is not described in such subsection if necessary to ensure that no entity loses eligibility status as a covered entity for any reason related to the COVID–19 public health emergency. (c) Definitions In this section: (1) Covered entity The term covered entity 42 U.S.C. 256b(a)(4) (2) COVID–19 public health emergency The term COVID–19 public health emergency 42 U.S.C. 247d 3. Waiver of certain requirements during national emergency Notwithstanding any other provision of law, during any portion of the national emergency declared by the President under the National Emergencies Act ( 50 U.S.C. 1601 (1) waive any prior authorization requirements otherwise applicable under titles XVIII and XIX of the Social Security Act ( 42 U.S.C. 1395 (2) with respect to inpatient hospital services (as defined in section 1861(b) of such Act ( 42 U.S.C. 1395x(b) (A) waive any requirements otherwise applicable under title XVIII that would otherwise prevent the Secretary from providing reimbursement for inpatient hospital services that are furnished off-site at an unlicensed facility; and (B) provide reimbursement for such services furnished at such facility at an amount equal to the payment amount determined under the hospital inpatient prospective payment system under section 1886(d) of such Act ( 42 U.S.C. 1395ww(d) (3) waive the provisions of section 1867(d) of the Social Security Act ( 42 U.S.C. 1395dd(d) 4. Relief for critical access hospitals Notwithstanding any other provision of law, during the 60-day period beginning on the date of the enactment of this Act, the Secretary shall waive the following provisions of title XVIII of the Social Security Act: (1) With respect to certification of critical access hospitals (as defined in section 1861(mm)(1)) of such Act ( 42 U.S.C. 1395x(mm)(1) 42 U.S.C. 1395i–4(c)(2)(B)(iii) (2) With respect to inpatient critical access hospital services (as defined in section 1861(mm)(2)) of such Act ( 42 U.S.C. 1395x(mm)(2) 42 U.S.C. 1395f(a)(8) 5. Relief for skilled nursing facilities (a) Temporary waiver of 3-Day hospitalization requirement for coverage of post-Hospital extended care services Notwithstanding any other provision of law, with respect to post-hospital extended care services (as defined in section 1861(i)) of the Social Security Act ( 42 U.S.C. 1395x(i) 50 U.S.C. 1601 (b) Medicare skilled nursing facility prospective payment system adjustment for covid–19 residents during national emergency (1) In general Section 1888(e) of the Social Security Act ( 42 U.S.C. 1395yy(e) (A) in paragraph (1), by striking and (12) (12), and (13) (B) by inserting after paragraph (12) the following new paragraph: (13) Adjustment for residents with covid–19 During any portion of the national emergency declared by the President under the National Emergencies Act ( 50 U.S.C. 1601 . (2) Implementation Notwithstanding any other provision of law, the Secretary may implement the amendments made by this subsection by program instruction or otherwise. 6. Ensuring rural providers are included in CARES (a) In general The third paragraph in the matter under the heading public health and social services emergency fund (including transfer of funds) Office Of The Secretary DEPARTMENT OF HEALTH AND HUMAN SERVICES Public Law 116–136 (1) in the third proviso, by inserting , and includes skilled nursing facilities, nursing facilities, assisted living residences, and other types of facilities that provide housing and care for seniors as the Secretary may specify (2) by inserting after the second proviso the following: Provided further (b) Effective date The amendments made by this section shall take effect as if included in the enactment of the CARES Act ( Public Law 116–136

Summary: Relief for Rural Providers During Emergencies Act This bill waives several requirements and establishes certain minimum funding for rural health care providers during the public health emergency relating to COVID-19 (i.e., coronavirus disease 2019). Among other things, the bill maintains a provider's eligibility to participate in the 340B drug pricing program (i.e., a program that allows providers to receive covered outpatient drugs at reduced prices from manufacturers) for the duration of the public health emergency if the provider was already participating before the emergency began. The bill also requires the Centers for Medicare & Medicaid Services to temporarily waive specified requirements for Medicare and Medicaid providers and services, including certain criteria for critical access hospital certification and coverage of post-hospital care in skilled nursing facilities. Additionally, the bill retroactively requires that at least 20% of appropriations to the Public Health and Social Services Emergency Fund under the Coronavirus Aid, Relief, and Economic Security (CARES) Act relating to COVID-19 provider assistance be distributed to rural health care providers.