103 
‘‘(D) Section 1834(g), with respect to an 
outpatient critical access hospital service. 
‘‘(E) The payment basis determined in 
regulations pursuant to section 1833(a)(3) for 
rural health clinic services.’’. 
(b) CLAIMS MODIFIER.—The Secretary of Health 
and Human Services shall provide for an appropriate 
modifier (or other identifier) to include on claims to iden-
tify, for purposes of subparagraph (DD) of section 
1833(a)(1), as added by subsection (a), specified COVID– 
19 testing-related services described in paragraph (1) of 
section 1833(cc) of the Social Security Act, as added by 
subsection (a), for which payment may be made under a 
specified outpatient payment provision described in para-
graph (2) of such subsection. 
(c) IMPLEMENTATION.—Notwithstanding any other 
provision of law, the Secretary of Health and Human 
Services may implement the provisions of, including 
amendments made by, this section through program in-
struction or otherwise. 
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104 
SECTION 103. COVERAGE OF TESTING FOR COVID–19 AT NO 
COST SHARING UNDER THE MEDICARE AD-
VANTAGE PROGRAM. 
(a) IN GENERAL.—Section 1852(a)(1)(B) of the So-
cial Security Act (42 U.S.C. 1395w–22(a)(1)(B)) is 
amended— 
(1) in clause (iv)— 
(A) by redesignating subclause (IV) as 
subclause (VI); and 
(B) by inserting after subclause (III) the 
following new subclauses: 
‘‘(IV) Clinical diagnostic labora-
tory test administered during any por-
tion of the emergency period defined 
in 
paragraph 
(1)(B) 
of 
section 
1135(g) beginning on or after the 
date of the enactment of the Families 
First Coronavirus Response Act for 
the detection of SARS–CoV–2 or the 
diagnosis of the virus that causes 
COVID–19 and the administration of 
such test. 
‘‘(V) Specified COVID–19 test-
ing-related services (as described in 
section 1833(cc)(1)) for which pay-
ment would be payable under a speci-
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fied outpatient payment provision de-
scribed in section 1833(cc)(2).’’; 
(2) in clause (v), by inserting ‘‘, other than sub-
clauses (IV) and (V) of such clause,’’ after ‘‘clause 
(iv)’’; and 
(3) by adding at the end the following new 
clause: 
‘‘(vi) PROHIBITION
OF
APPLICATION 
OF CERTAIN REQUIREMENTS FOR COVID–19 
TESTING.—In the case of a product or 
service described in subclause (IV) or (V), 
respectively, of clause (iv) that is adminis-
tered or furnished during any portion of 
the emergency period described in such 
subclause beginning on or after the date of 
the enactment of this clause, an MA plan 
may not impose any prior authorization or 
other utilization management requirements 
with respect to the coverage of such a 
product or service under such plan.’’. 
(b) IMPLEMENTATION.—Notwithstanding any other 
provision of law, the Secretary of Health and Human 
Services may implement the amendments made by this 
section by program instruction or otherwise. 
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106 
SECTION 104. COVERAGE AT NO COST SHARING OF COVID– 
19 TESTING UNDER MEDICAID AND CHIP. 
(a) MEDICAID.— 
(1) IN GENERAL.—Section 1905(a)(3) of the 
Social Security Act (42 U.S.C. 1396d(a)(3)) is 
amended— 
(A) by striking ‘‘other laboratory’’ and in-
serting ‘‘(A) other laboratory’’; 
(B) by inserting ‘‘and’’ after the semicolon; 
and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(B) in vitro diagnostic products (as defined in 
section 809.3(a) of title 21, Code of Federal Regula-
tions) administered during any portion of the emer-
gency period defined in paragraph (1)(B) of section 
1135(g) beginning on or after the date of the enact-
ment of this subparagraph for the detection of 
SARS–CoV–2 or the diagnosis of the virus that 
causes COVID–19 that are approved, cleared, or au-
thorized under section 510(k), 513, 515 or 564 of 
the Federal Food, Drug, and Cosmetic Act, and the 
administration of such in vitro diagnostic products;’’. 
(2) NO COST SHARING.— 
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107 
(A) IN GENERAL.—Subsections (a)(2) and 
(b)(2) of section 1916 of the Social Security 
Act (42 U.S.C. 1396o) are each amended— 
(i) in subparagraph (D), by striking 
‘‘or’’ at the end; 
(ii) in subparagraph (E), by striking 
‘‘; and’’ and inserting a comma; and 
(iii) by adding at the end the fol-
lowing new subparagraphs: 
‘‘(F) any in vitro diagnostic product de-
scribed in section 1905(a)(3)(B) that is admin-
istered during any portion of the emergency pe-
riod described in such section beginning on or 
after the date of the enactment of this subpara-
graph (and the administration of such product), 
or 
‘‘(G) any medical visit for which payment 
may be made under the State plan, that is fur-
nished during any such portion of such emer-
gency period, and that relates to testing for 
COVID–19; and’’. 
(B) APPLICATION TO ALTERNATIVE COST 
SHARING.—Section 1916A(b)(3)(B) of the So-
cial Security Act (42 U.S.C. 1396o–1(b)(3)(B)) 
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is amended by adding at the end the following 
new clause: 
‘‘(xi) Any in vitro diagnostic product 
described in section 1905(a)(3)(B) that is 
administered during any portion of the 
emergency period described in such section 
beginning on or after the date of the enact-
ment of this clause (and the administration 
of such product) and any visit described in 
section 1916(a)(2)(G) that is furnished 
during any such portion.’’. 
(C) 
CLARIFICATION.—The 
amendments 
made this paragraph shall apply with respect to 
a State plan of a territory in the same manner 
as a State plan of one of the 50 States. 
(3) STATE OPTION TO PROVIDE COVERAGE FOR 
UNINSURED INDIVIDUALS.— 
(A) IN GENERAL.—Section 1902(a)(10) of 
the 
Social 
Security 
Act 
(42 
U.S.C. 
1396a(a)(10)) is amended— 
(i) in subparagraph (A)(ii)— 
(I) in subclause (XXI), by strik-
ing ‘‘or’’ at the end; 
(II) in subclause (XXII), by add-
ing ‘‘or’’ at the end; and 
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109 
(III) by adding at the end the 
following new subclause: 
‘‘(XXIII) during any portion of 
the emergency period defined in para-
graph (1)(B) of section 1135(g) be-
ginning on or after the date of the en-
actment of this subclause, who are un-
insured individuals (as defined in sub-
section (ss));’’; and 
(ii) in the matter following subpara-
graph (G)— 
(I) by striking ‘‘and (XVII)’’ and 
inserting ‘‘, (XVII)’’; and 
(II) by inserting after ‘‘instead of 
through subclause (VIII)’’ the fol-
lowing: ‘‘, and (XVIII) the medical as-
sistance made available to an unin-
sured individual (as defined in sub-
section (ss)) who is eligible for med-
ical assistance only because of sub-
paragraph (A)(ii)(XXIII) shall be lim-
ited to medical assistance for any in 
vitro diagnostic product described in 
section 1905(a)(3)(B) that is adminis-
tered during any portion of the emer-
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110 
gency period described in such section 
beginning on or after the date of the 
enactment of this subclause (and the 
administration of such product) and 
any 
visit 
described 
in 
section 
1916(a)(2)(G) that is furnished dur-
ing any such portion’’. 
(B) RECEIPT AND INITIAL PROCESSING OF 
APPLICATIONS
AT
CERTAIN
LOCATIONS.—Sec-
tion 1902(a)(55) of the Social Security Act (42 
U.S.C. 1396a(a)(55)) is amended, in the matter 
preceding subparagraph (A), by striking ‘‘or 
(a)(10)(A)(ii)(IX)’’ 
and 
inserting 
‘‘(a)(10)(A)(ii)(IX), or (a)(10)(A)(ii)(XXIII)’’. 
(C) UNINSURED INDIVIDUAL DEFINED.— 
Section 1902 of the Social Security Act (42 
U.S.C. 1396a) is amended by adding at the end 
the following new subsection: 
‘‘(ss) UNINSURED INDIVIDUAL DEFINED.—For pur-
poses of this section, the term ‘uninsured individual’ 
means, notwithstanding any other provision of this title, 
any individual who is— 
‘‘(1) not described in subsection (a)(10)(A)(i); 
and 
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111 
‘‘(2) not enrolled in a Federal health care pro-
gram (as defined in section 1128B(f)), a group 
health plan, group or individual health insurance 
coverage offered by a health insurance issuer (as 
such terms are defined in section 2791 of the Public 
Health Service Act), or a health plan offered under 
chapter 89 of title 5, United States Code.’’. 
(D) FEDERAL MEDICAL ASSISTANCE PER-
CENTAGE.—Section 1905(b) of the Social Secu-
rity Act (42 U.S.C. 1396d(b)) is amended by 
adding at the end the following new sentence: 
‘‘Notwithstanding the first sentence of this sec-
tion, the Federal medical assistance percentage 
shall be 100 per centum with respect to (and, 
notwithstanding any other provision of this 
title, available for) medical assistance provided 
to uninsured individuals (as defined in section 
1902(ss)) who are eligible for such assistance 
only 
on 
the 
basis 
of 
section 
1902(a)(10)(A)(ii)(XXIII) and with respect to 
expenditures described in section 1903(a)(7) 
that a State demonstrates to the satisfaction of 
the Secretary are attributable to administrative 
costs related to providing for such medical as-
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sistance to such individuals under the State 
plan.’’. 
(b) CHIP.— 
(1) IN GENERAL.—Section 2103(c) of the So-
cial Security Act (42 U.S.C. 1397cc(c)) is amended 
by adding at the end the following paragraph: 
‘‘(9) CERTAIN IN VITRO DIAGNOSTIC PRODUCTS 
FOR COVID–19 TESTING.—The child health assist-
ance provided to a targeted low-income child shall 
include coverage of any in vitro diagnostic product 
described in section 1905(a)(3)(B) that is adminis-
tered during any portion of the emergency period de-
scribed in such section beginning on or after the 
date of the enactment of this subparagraph (and the 
administration of such product).’’. 
(2) COVERAGE
FOR
TARGETED
LOW-INCOME 
PREGNANT WOMEN.—Section 2112(b)(4) of the So-
cial Security Act (42 U.S.C. 1397ll(b)(4)) is amend-
ed by inserting ‘‘under section 2103(c)’’ after ‘‘same 
requirements’’. 
(3) PROHIBITION OF COST SHARING.—Section 
2103(e)(2) of the Social Security Act (42 U.S.C. 
1397cc(e)(2)) is amended— 
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113 
(A) in the paragraph header, by inserting 
‘‘, COVID–19 TESTING,’’ before ‘‘OR PREGNANCY- 
RELATED ASSISTANCE’’; and 
(B) by striking ‘‘category of services de-
scribed in subsection (c)(1)(D) or’’ and insert-
ing ‘‘categories of services described in sub-
section (c)(1)(D), in vitro diagnostic products 
described in subsection (c)(9) (and administra-
tion of such products), visits described in sec-
tion 1916(a)(2)(G), or’’. 
SEC. 105. LABORATORY REIMBURSEMENT FOR DIAGNOSTIC 
TESTING FOR COVID–19 IN UNINSURED INDI-
VIDUALS. 
(a) REIMBURSEMENT.—Through the National Dis-
aster Medical System under section 2812 of the Public 
Health Service Act (42 U.S.C. 300hh–11), and in coordi-
nation with the Administrator of the Centers for Medicare 
& Medicaid Services, the Secretary of Health and Human 
Services shall, subject to the availability of appropriations 
under subsection (c), pay the claims of laboratories for 
reimbursement, as described in subsection (a)(3)(D) of 
such section 2812, for health services consisting of diag-
nostic testing to detect or diagnose COVID–19 in unin-
sured individuals. The amount that will be paid shall be 
equal to the amount that would have been paid to a physi-
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