I 
116TH CONGRESS 
2D SESSION 
H. R. 7037 
To provide for quality assurance of COVID–19 reimbursements and reporting. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 27, 2020 
Mr. POSEY introduced the following bill; which was referred to the Committee 
on Energy and Commerce, and in addition to the Committee on the Judi-
ciary, 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. QUALITY ASSURANCE OF COVID–19 REIM-
BURSEMENTS AND REPORTING. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, no Federal funds shall be used for a reim-
bursement or payment for— 
(1) COVID–19 testing of any individual unless 
the request for such reimbursement or payment is 
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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), 360c, 360e, 360bbb–3) for COVID– 
19 diagnosis; or 
(2) COVID–19 treatment of any individual un-
less the request for reimbursement or payment is ac-
companied by evidence that the person tested posi-
tive 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 Cos-
metic Act (21 U.S.C. 360(k), 360c, 360e, 360bbb– 
3) for COVID–19 diagnosis. 
(b) QUALITY ASSURANCE OF REIMBURSEMENTS.— 
For purposes of subsection (a), notwithstanding any other 
provision of law, the head of any Federal agency author-
ized 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 
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payment, unless the request is accompanied by evi-
dence that the individual was tested using a test 
that was approved, cleared, or authorized under sec-
tion 510(k), 513, 515, or 564 of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 360(k), 360c, 
360e, 360bbb–3) for COVID–19 diagnosis as of the 
date of the review of the head of the agency; 
(2) deny any request for such a reimbursement 
or payment for COVID–19 treatment of an indi-
vidual or, if reimbursement or payment has already 
been made, cause to be recovered such reimburse-
ment 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), 360c, 360e, 360bbb–3) for 
COVID–19 diagnosis as of the date of the review of 
the head of the agency; and 
(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 
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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 ac-
companied 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), 360c, 
360e, 360bbb–3) for diagnosis of COVID–19; and 
(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 accom-
panied by evidence that the individual had been test-
ed positive for COVID–19 using a test that was ap-
proved, 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), 360c, 360e, 
360bbb–3) for diagnosis of COVID–19. 
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(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. 
Æ 
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