I 
116TH CONGRESS 
2D SESSION 
H. R. 6727 
To hold Medicare beneficiaries harmless for specified COVID-19 treatment 
services furnished under part A or part B of the Medicare program. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 5, 2020 
Ms. SCHRIER (for herself and Mr. MCEACHIN) introduced the following bill; 
which was referred to the Committee on Ways and Means, and in addi-
tion to the Committees on Energy and Commerce, and Armed Services, 
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 hold Medicare beneficiaries harmless for specified 
COVID-19 treatment services furnished under part A 
or part B of the Medicare program. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. HOLDING MEDICARE BENEFICIARIES HARM-
LESS FOR SPECIFIED COVID-19 TREATMENT 
SERVICES FURNISHED UNDER PART A OR 
PART B OF THE MEDICARE PROGRAM. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, in the case of a specified COVID-19 treatment 
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Supplement Coding encounters related to COVID-19 
Coronavirus Outbreak’’ published on February 20, 2020, 
or as otherwise specified by the Secretary). 
(c) RECOVERY OF COST-SHARING AMOUNTS PAID BY 
THE SECRETARY IN THE CASE OF SUPPLEMENTAL IN-
SURANCE COVERAGE.— 
(1) IN GENERAL.—In the case of any amount 
paid by the Secretary pursuant to subsection (a)(1) 
that the Secretary determines would otherwise have 
been paid by a group health plan or health insurance 
issuer (as such terms are defined in section 2791 of 
the Public Health Service Act (42 U.S.C. 300gg– 
91)), a private entity offering a medicare supple-
mental policy under section 1882 of the Social Secu-
rity Act (42 U.S.C. 1395ss), any other health plan 
offering supplemental coverage, a State plan under 
title XIX of the Social Security Act, or the Secretary 
of Defense under the TRICARE program, such 
plan, issuer, private entity, other health plan, State 
plan, or Secretary of Defense, as applicable, shall 
pay to the Secretary, not later than 1 year after 
such plan, issuer, private entity, other health plan, 
State plan, or Secretary of Defense receives a notice 
under paragraph (3), such amount in accordance 
with this subsection. 
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(2) REQUIRED INFORMATION.—Not later than 
9 months after the date of the enactment of this 
Act, each group health plan, health insurance issuer, 
private entity, other health plan, State plan, and 
Secretary of Defense described in paragraph (1) 
shall submit to the Secretary such information as 
the Secretary determines necessary for purposes of 
carrying out this subsection. Such information so 
submitted shall be updated by such plan, issuer, pri-
vate entity, other health plan, State plan, or Sec-
retary of Defense, as applicable, at such time and in 
such manner as specified by the Secretary. 
(3) REVIEW OF CLAIMS AND NOTIFICATION.— 
The Secretary shall establish a process under which 
claims for items and services for which the Secretary 
has paid an amount pursuant to subsection (a)(1) 
are reviewed for purposes of identifying if such 
amount would otherwise have been paid by a plan, 
issuer, private entity, other health plan, State plan, 
or Secretary of Defense described in paragraph (1). 
In the case such a claim is so identified, the Sec-
retary shall determine the amount that would have 
been otherwise payable by such plan, issuer, private 
entity, other health plan, State plan, or Secretary of 
Defense and notify such plan, issuer, private entity, 
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other health plan, State plan, or Secretary of De-
fense of such amount. 
(4) ENFORCEMENT.—The Secretary may im-
pose a civil monetary penalty in an amount deter-
mined appropriate by the Secretary in the case of a 
plan, issuer, private entity, other health plan, or 
State plan that fails to comply with a provision of 
this section. The provisions of section 1128A of the 
Social Security Act shall apply to a civil monetary 
penalty imposed under the previous sentence in the 
same manner as such provisions apply to a penalty 
or proceeding under subsection (a) or (b) of such 
section. 
(d) FUNDING.—The Secretary shall provide for the 
transfer to the Centers for Medicare & Medicaid Program 
Management Account from the Federal Hospital Insur-
ance Trust Fund and the Federal Supplementary Medical 
Trust Fund (in such portions as the Secretary determines 
appropriate) $100,000,000 for purposes of carrying out 
this section. 
(e) REPORT.—Not later than 3 years after the date 
of the enactment of this Act, the Inspector General of the 
Department of Health and Human Services shall submit 
to Congress a report containing an analysis of amounts 
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paid pursuant to subsection (a)(1) compared to amounts 
paid to the Secretary pursuant to subsection (c). 
(f) IMPLEMENTATION.—Notwithstanding any other 
provision of law, the Secretary may implement the provi-
sions of this section by program instruction or otherwise. 
Æ 
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