SEC. 2. ESTABLISHING NEW COVERAGE AND PAYMENT 
RULES FOR CERTAIN COVID–19 DIAGNOSTIC 
TESTS AND RELATED ITEMS AND SERVICES. 
(a) EXTENSION OF COVERAGE REQUIREMENT.—Sec-
tion 6001(a) of the Families First Coronavirus Response 
Act (42 U.S.C. 1320b–5 note) is amended in the matter 
preceding paragraph (1) by striking ‘‘any portion of the 
emergency period defined in paragraph (1)(B) of section 
1135(g) of the Social Security Act (42 U.S.C. 1320b– 
5(g)) beginning on or after the date of the enactment of 
this Act’’ and inserting ‘‘the period beginning on the date 
of the enactment of this Act and ending on December 31, 
2023’’. 
(b) PAYMENT AND BILLING RULES FOR ITEMS AND 
SERVICES FURNISHED AFTER END OF PUBLIC HEALTH 
EMERGENCY.— 
(1) IN GENERAL.—Section 3202 of the CARES 
Act (42 U.S.C. 42 U.S.C. 256b note) is amended— 
(A) in subsection (a), in the matter pre-
ceding paragraph (1), by inserting ‘‘that are 
furnished before May 1, 2022,’’ after ‘‘(Public 
Law 116–127)’’; 
(B) in subsection (b)(1), by striking 
‘‘emergency period declared under section 319 
of the Public Health Service Act (42 U.S.C. 
247d)’’ and inserting ‘‘period beginning on the 
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date of the enactment of this subsection and 
ending on April 31, 2022’’; and 
(C) by adding at the end the following new 
subsection: 
‘‘(c) APPLICATION
OF SURPRISE BILLING PROVI-
SIONS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the provisions of sections 2799A–1 and 
2799B–1 of the Public Health Service Act (42 
U.S.C. 300gg–111, 300gg–131), 716 of the Em-
ployee Retirement Income Security Act of 1974 (29 
U.S.C. 1185e), and 9816 of the Internal Revenue 
Code of 1986 shall apply to items and services de-
scribed in section 6001(a) of division F of the Fami-
lies First Coronavirus Response Act (Public Law 
116–127) furnished on or after May 1, 2022, and 
before January 1, 2024, to an enrollee of a group 
health plan or group or individual health insurance 
coverage by a provider that does not have a nego-
tiated rate in effect with such plan or coverage (as 
applicable) as if such items and services were emer-
gency services furnished by a nonparticipating pro-
vider in an emergency department of a hospital. 
‘‘(2) NONAPPLICATION TO OVER-THE-COUNTER 
TESTS.—Paragraph (1) shall not apply with respect 
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to any over-the-counter test specified in the guidance 
document published by the Department of Labor on 
January 10, 2022, entitled ‘FAQs about Affordable 
Care Act Implementation Part 51, Families First 
Coronavirus Response Act and Coronavirus Aid, Re-
lief, and Economic Security Act Implementation’ or 
any other over-the-counter test specified by the Sec-
retary pursuant to section 6001(a)(1) of the Fami-
lies First Coronavirus Response Act. 
‘‘(3) DEFINITIONS.—In this subsection, the 
terms ‘emergency services’ and ‘nonparticipating 
provider’ have the meanings given such terms in 
subparagraphs (C)(i) and (G), respectively, of sec-
tions 2799A–1(a)(3) of the Public Health Service 
Act (42 U.S.C. 300gg–111(a)(3)), 716(a)(3) of the 
Employee Retirement Income Security Act of 1974 
(29 U.S.C. 1185e(a)(3)), and section 9816(a)(3) of 
the Internal Revenue Code of 1986.’’. 
(2) IMPLEMENTATION.—Notwithstanding any 
other provision of law, the Secretaries of Health and 
Human Services, Labor, and the Treasury may im-
plement the amendments made by this subsection by 
subregulatory guidance or otherwise. 
Æ 
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