1065 
‘‘(D) each such provider has in place a 
process to disclose to the State Medicaid program 
the driving history, including any traffic viola-
tions, of each such individual driver employed by 
such provider, including any traffic violations.’’. 
(B) EFFECTIVE DATE.— 
(i) IN GENERAL.—Except as provided 
in clause (ii), the amendments made by 
subparagraph (A) shall take effect on the 
date of the enactment of this Act and shall 
apply to services furnished on or after the 
date that is one year after the date of the 
enactment of this Act. 
(ii) EXCEPTION IF STATE LEGISLATION 
REQUIRED.—In the case of a State plan for 
medical assistance under title XIX of the 
Social Security Act which the Secretary of 
Health and Human Services determines re-
quires State legislation (other than legisla-
tion appropriating funds) in order for the 
plan to meet the additional requirement im-
posed by the amendments made by subpara-
graph (A), the State plan shall not be re-
garded as failing to comply with the re-
quirements of such title solely on the basis
1066 
of its failure to meet this additional re-
quirement before the first day of the first 
calendar quarter beginning after the close of 
the first regular session of the State legisla-
ture that begins after the date of the enact-
ment of this Act. For purposes of the pre-
vious sentence, in the case of a State that 
has a 2-year legislative session, each year of 
such session shall be deemed to be a separate 
regular session of the State legislature. 
(5) ANALYSIS OF T–MSIS DATA.—Not later than 
one year after the date of the enactment of this Act, 
the Secretary of Health and Human Services, through 
the Centers for Medicare & Medicaid Services, shall 
analyze, and submit to Congress a report on, the na-
tion-wide data set under the Transformed Medicaid 
Statistical Information System to identify rec-
ommendations relating to coverage under the Med-
icaid program under title XIX of the Social Security 
Act of nonemergency transportation to medically nec-
essary services.
1067 
TITLE II—MEDICARE 
PROVISIONS 
SEC. 201. HOLDING MEDICARE BENEFICIARIES HARMLESS 
FOR SPECIFIED COVID–19 TREATMENT SERV-
ICES 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 
service (as defined in subsection (b)) furnished during any 
portion of the emergency period described 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 to an individual entitled to benefits 
under part A or enrolled under part B of title XVIII of 
the Social Security Act (42 U.S.C. 1395 et seq.) for which 
payment is made under such part A or such part B, the 
Secretary of Health and Human Services (in this section 
referred to as the ‘‘Secretary’’) shall provide that— 
(1) any cost-sharing required (including any de-
ductible, copayment, or coinsurance) applicable to 
such individual under such part A or such part B 
with respect to such item or service is paid by the 
Secretary; and 
(2) the provider of services or supplier (as de-
fined in section 1861 of the Social Security Act (42
1068 
U.S.C. 1395x)) does not hold such individual liable 
for such requirement. 
(b) DEFINITION
OF SPECIFIED COVID–19 TREAT-
MENT SERVICES.—For purposes of this section, the term 
‘‘specified COVID–19 treatment service’’ means any item 
or service furnished to an individual for which payment 
may be made under part A or part B of title XVIII of the 
Social Security Act (42 U.S.C. 1395 et seq.) 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 enti-
tled ‘‘ICD–10–CM Official Coding Guidelines - Supplement 
Coding encounters related to COVID–19 Coronavirus Out-
break’’ 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 INSUR-
ANCE 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 supplemental 
policy under section 1882 of the Social Security Act
1069 
(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, pri-
vate entity, other health plan, State plan, or Sec-
retary of Defense, as applicable, shall pay to the Sec-
retary, not later than 1 year after such plan, issuer, 
private entity, other health plan, State plan, or Sec-
retary of Defense receives a notice under paragraph 
(3), such amount in accordance with this subsection. 
(2) REQUIRED INFORMATION.—Not later than 9 
months after the date of the enactment of this Act, 
each group health plan, health insurance issuer, pri-
vate entity, other health plan, State plan, and Sec-
retary of Defense described in paragraph (1) shall 
submit to the Secretary such information as the Sec-
retary determines necessary for purposes of carrying 
out this subsection. Such information so submitted 
shall be updated by such plan, issuer, private entity, 
other health plan, State plan, or Secretary 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
1070 
paid an amount pursuant to subsection (a)(1) are re-
viewed for purposes of identifying if such amount 
would otherwise have been paid by a plan, issuer, pri-
vate entity, other health plan, State plan, or Sec-
retary of Defense described in paragraph (1). In the 
case such a claim is so identified, the Secretary 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, other health 
plan, State plan, or Secretary of Defense of such 
amount. 
(4) ENFORCEMENT.—The Secretary may impose 
a civil monetary penalty in an amount determined 
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 Insurance