SEC. 2. COVERAGE OF TREATMENTS 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 by adding at the end the following new clause: 
‘‘(vii) SPECIAL COVERAGE RULES FOR 
SPECIFIED
COVID–19
TREATMENT
SERV-
ICES.— 
‘‘(I) 
IN
GENERAL.—Notwith-
standing clause (i), in the case of a 
specified COVID-19 treatment service 
that is furnished during a plan year 
occurring during any portion of the 
emergency period defined in section 
1135(g)(1)(B) beginning on or after 
the date of the enactment of this 
clause, a Medicare Advantage plan 
may not, with respect to such service, 
impose— 
‘‘(aa) any cost-sharing re-
quirement (including a deduct-
ible, copayment, or coinsurance 
requirement); and 
‘‘(bb) in the case such serv-
ice is a critical specified COVID- 
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19 treatment service (including 
ventilator services and intensive 
care unit services), any prior au-
thorization or other utilization 
management requirement. 
A Medicare Advantage plan may not 
take the application of this clause into 
account for purposes of a bid amount 
submitted by such plan under section 
1854(a)(6). 
‘‘(II) 
SPECIFIED
COVID-19 
TREATMENT SERVICE DEFINED.—For 
purposes of this clause, the term 
‘specified COVID-19 treatment serv-
ice’ means any item or service fur-
nished to an individual for which pay-
ment may be made under part A or 
part B of title XVIII of the Social Se-
curity Act if such item or service is 
included in a claim with an ICD–10– 
CM code relating to COVID-19 (as 
described in the document entitled 
‘ICD–10–CM Official Coding Guide-
lines—Supplement Coding encounters 
related to COVID-19 Coronavirus 
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Outbreak’ published on February 20, 
2020, or as otherwise specified by the 
Secretary).’’. 
(b) REIMBURSEMENT
OF MEDICARE ADVANTAGE 
PLANS FOR ELIMINATION OF COST SHARING.—Section 
1853 of the Social Security Act (42 U.S.C. 1395w–23) 
is amended by adding at the end the following new sub-
section: 
‘‘(p) ADDITIONAL PAYMENT TO ACCOUNT FOR COST 
SHARING
ELIMINATION
FOR
COVID-19 TREATMENT 
SERVICES.— 
‘‘(1) IN GENERAL.—A Medicare Advantage plan 
shall notify the Secretary of the total dollar amount 
of cost sharing that, but for the application of sec-
tion 1852(a)(1)(B)(vii), would have been required 
under such plan for specified COVID-19 treatment 
services (as defined in subclause (II) of such section) 
furnished during a plan year described in such sec-
tion to individuals enrolled in the plan. The Sec-
retary shall make periodic and timely payments in 
accordance with this subsection to such plan that, in 
the aggregate, equal such total dollar amount. 
‘‘(2) TIMING OF PAYMENT.—Payments by the 
Secretary under this subsection shall be made begin-
ning March 1, 2021, for amounts described in such 
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paragraph that would have been required under such 
plan for specified COVID-19 treatment services fur-
nished during plan year 2020. Payments by the Sec-
retary under this subsection for such amounts that 
would have been so required under such plan for 
such services furnished during a plan year subse-
quent to plan year 2020 shall be made beginning 
March 1 of the plan year following such subsequent 
plan year. 
‘‘(3) NON-APPLICATION.—Section 1853(c)(7) 
shall not apply with respect to the application of this 
subsection. 
‘‘(4) APPROPRIATION.—There are transferred 
to the Centers for Medicare & Medicaid Program 
Management Fund, out of any monies in the Treas-
ury not otherwise obligated, such sums as may be 
necessary to the Secretary for purposes of making 
payments under this subsection.’’. 
(c) 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. 
Æ 
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