Continuing Appropriations and Health Extenders Act of 2022

Making continuing appropriations for fiscal year 2023, extending various health programs, and for other purposes. 1. Short title This Act may be cited as the Continuing Appropriations and Health Extenders Act of 2022 I Continuing appropriations 101. Extension of appropriations Section 106(3) of division A of the Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023 ( Public Law 117–180 December 16, 2022 February 3, 2023 102. PAYGO report Notwithstanding subsection (a) of section 5 of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 934 II Extensions, Technical Corrections, and Other Matters 201. Extension of FCC Auction Authority Section 309(j)(11) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(11) December 16, 2022 February 3, 2023 202. Extension of Authorization for Special Assessment for Domestic Trafficking Victims’ Fund Section 3014(a) of title 18, United States Code, is amended, in the matter preceding paragraph (1), by striking December 16, 2022 February 3, 2023 203. Extension of Commodity Futures Trading Commission Customer Protection Fund Expenses Account Section 1(b) of Public Law 117–25 December 16, 2022 February 3, 2023 III Health and Human Services Extensions A Medicare and Medicaid 301. Extension of increased inpatient hospital payment adjustment for certain low-volume hospitals (a) In general Section 1886(d)(12) of the Social Security Act ( 42 U.S.C. 1395ww(d)(12) (1) in subparagraph (B), in the matter preceding clause (i), by striking December 17, 2022 February 4, 2023 (2) in subparagraph (C)(i)— (A) in the matter preceding subclause (I), by striking December 16, 2022 February 3, 2023 (B) in subclause (III), by striking December 16, 2022 February 3, 2023 (C) in subclause (IV), by striking December 17, 2022 February 4, 2023 (3) in subparagraph (D)— (A) in the matter preceding clause (i), by striking December 16, 2022 February 3, 2023 (B) in clause (ii), by striking December 16, 2022 February 3, 2023 (b) Implementation Notwithstanding any other provision of law, the Secretary of Health and Human Services may implement the provisions of, including the amendments made by, this section by program instruction or otherwise. 302. Extension of the Medicare-dependent hospital (MDH) program (a) In general Section 1886(d)(5)(G) of the Social Security Act ( 42 U.S.C. 1395ww(d)(5)(G) (1) in clause (i), by striking December 17, 2022 February 4, 2023 (2) in clause (ii)(II), by striking December 17, 2022 February 4, 2023 (b) Conforming amendments (1) Extension of target amount Section 1886(b)(3)(D) of the Social Security Act ( 42 U.S.C. 1395ww(b)(3)(D) (A) in the matter preceding clause (i), by striking December 17, 2022 February 4, 2023 (B) in clause (iv), by striking December 16, 2022 February 3, 2023 (2) Permitting hospitals to decline reclassification Section 13501(e)(2) of the Omnibus Budget Reconciliation Act of 1993 ( 42 U.S.C. 1395ww December 16, 2022 February 3, 2023 303. Extension of increased FMAPs for the territories Section 1905(ff) of the Social Security Act ( 42 U.S.C. 1396d(ff) December 16, 2022 February 3, 2023 B Human Services 311. Extension of maternal, infant, and early childhood home visiting programs Activities authorized by section 511 of the Social Security Act shall continue through February 3, 2023, in the manner authorized for fiscal year 2022, and out of any money in the Treasury of the United States not otherwise appropriated, there is hereby appropriated for such purpose an amount equal to the pro rata portion of the amount appropriated for such activities for fiscal year 2022. 312. Extension of child and family services programs Activities authorized by part B of title IV of the Social Security Act shall continue through February 3, 2023, in the manner authorized for fiscal year 2022, and out of any money in the Treasury of the United States not otherwise appropriated, there are hereby appropriated such sums as may be necessary for such purpose. C Indian Health 321. Extension of moratorium relating to funds for health care services for certain Alaska Native villages Section 424(a) of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2014 ( Public Law 113–76 December 16, 2022 February 3, 2023 IV Reauthorization of other provisions 401. Reauthorization of the best pharmaceuticals for children program Section 409I(d)(1) of the Public Health Service Act ( 42 U.S.C. 284m(d)(1) $5,273,973 for the period beginning on October 1, 2022 and ending on December 16, 2022 $8,630,138 for the period beginning on October 1, 2022, and ending on February 3, 2023 402. Reauthorization of the humanitarian device exemption incentive Section 520(m)(6)(A)(iv) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360j(m)(6)(A)(iv) December 17, 2022 February 4, 2023 403. Reauthorization of the pediatric device consortia program Section 305(e) of the Food and Drug Administration Amendments Act of 2007 ( Public Law 110–85 42 U.S.C. 282 $1,107,534 for the period beginning on October 1, 2022, and ending on December 16, 2022 $1,812,328 for the period beginning on October 1, 2022, and ending on February 3, 2023 404. Reauthorization of provision pertaining to drugs containing single enantiomers Section 505(u)(4) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(u)(4) December 17, 2022 February 4, 2023 405. Reauthorization of the critical path public-private partnership Section 566(f) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–5(f) $1,265,753 for the period beginning on October 1, 2022 and ending on December 16, 2022 $2,071,232 for the period beginning on October 1, 2022, and ending on February 3, 2023 406. Reauthorization of orphan drug grants Section 5(c) of the Orphan Drug Act ( 21 U.S.C. 360ee(c) $6,328,767 for the period beginning on October 1, 2022, and ending on December 16, 2022 $10,356,164 for the period beginning on October 1, 2022, and ending on February 3, 2023 407. Reauthorization of certain device inspections Section 704(g)(11) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 374(g)(11) December 17, 2022 February 4, 2023 408. Reauthorization of reporting requirements related to pending generic drug applications and priority review applications Section 807 of the FDA Reauthorization Act of 2017 ( Public Law 115–52 December 16, 2022 February 3, 2023

Summary: Continuing Appropriations and Health Extenders Act of 2022 This bill provides continuing FY2023 appropriations to federal agencies through February 3, 2023. It is known as a continuing resolution (CR) and prevents a government shutdown that would otherwise occur if the FY2023 appropriations bills have not been enacted when the existing CR expires on December 16, 2022. The bill also extends several expiring programs and authorities, including several health programs.