I 
116TH CONGRESS 
2D SESSION 
H. R. 7292 
To amend title XVIII of the Social Security Act to provide for forgiveness 
of certain accelerated and advance payments under parts A and B 
of the Medicare program. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 22, 2020 
Ms. KAPTUR (for herself, Mr. GIBBS, Mr. FITZPATRICK, Mr. GONZALEZ of 
Ohio, Mr. RUPPERSBERGER, Mr. RYAN, Mr. RUSH, Mr. LAMALFA, Mr. 
VAN DREW, Mr. KEATING, Mr. STIVERS, Mr. KING of Iowa, Mr. NOR-
CROSS, Mr. LYNCH, Mrs. BEATTY, Mr. BALDERSON, Mr. COHEN, Ms. 
STEVENS, Mr. MITCHELL, Ms. FUDGE, Mr. O’HALLERAN, Mr. TONKO, 
Ms. WILD, Mr. VEASEY, Mr. YOUNG, Mr. SIRES, Mr. TURNER, Ms. 
JACKSON LEE, Mr. DANNY K. DAVIS of Illinois, Ms. SHERRILL, Mrs. 
MCBATH, Mr. COX of California, Mr. EVANS, Mr. MOULTON, Mr. 
KATKO, Mr. ENGEL, Mr. JOYCE of Ohio, Mr. KING of New York, Mr. 
ROSE of New York, and Mrs. TRAHAN) introduced the following bill; 
which was referred to the Committee on Energy and Commerce, and in 
addition to the Committee on Ways and Means, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To amend title XVIII of the Social Security Act to provide 
for forgiveness of certain accelerated and advance pay-
ments under parts A and 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, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as ‘‘The COVID-19 Hospital 
and Health Provider Loan Forgiveness Act of 2020’’. 
SEC. 2. PROVIDING FOR FORGIVENESS OF CERTAIN ACCEL-
ERATED AND ADVANCE PAYMENTS UNDER 
PARTS A AND B OF THE MEDICARE PRO-
GRAM. 
(a) FORGIVENESS OF PAYMENTS.— 
(1) PART A.—Section 1815(f) of the Social Se-
curity Act (42 U.S.C. 1395g(f)) is amended— 
(A) in paragraph (2), by adding at the end 
the following new subparagraph: 
‘‘(D) In the case of an accelerated payment 
made to a hospital under such program on or after 
the date of the enactment of the CARES Act and 
so made during the emergency period described in 
section 1135(g)(1)(B), the Secretary shall waive the 
requirement that such payment be repaid (or re-
couped) if the hospital meets the requirements de-
scribed in paragraph (5), except that such waiver 
shall not apply with respect to any amounts from 
such payment that were not used for COVID–19 
losses or expenses of the hospital as of June 30, 
2021, based on the attestation of the hospital. The 
hospital shall repay any such amounts to the Sec-
retary not later than July 1, 2023. The interest rate 
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for any such amount not so repaid as of such date 
shall be 2 percent if the hospital demonstrates hard-
ship.’’; 
(B) in paragraph (3), by inserting ‘‘and 
paragraph (2)(D)’’ after ‘‘paragraph (2)(C)’’; 
and 
(C) by adding at the end the following new 
paragraph: 
‘‘(5) For purposes of paragraph (2)(D), the require-
ments described in this paragraph are the following: 
‘‘(A) The hospital did not use any portion of a 
payment described in such paragraph for compensa-
tion or benefits, including salary, bonuses, awards of 
stock, or other financial benefits, for an officer or 
employee described in section 4004(a)(2) of the 
CARES Act (Public Law 116–136). 
‘‘(B) The hospital used at least 60 percent of 
such payment for employee compensation (other 
than an officer or employee described in subpara-
graph (A)) during the period beginning on January 
1, 2020, and ending on June 30, 2021. 
‘‘(C) The hospital did not balance bill or sur-
prise bill any COVID–19 patient.’’. 
(2) PART B.— 
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(A) IN
GENERAL.—In carrying out the 
program described in section 421.214 of title 
42, Code of Federal Regulations (or a successor 
regulation), in the case of a payment made 
under such program to an entity on or after the 
date of the enactment of the CARES Act (Pub-
lic Law 116–136) and so made during the 
emergency 
period 
described 
in 
section 
1135(g)(1)(B) of the Social Security Act (42 
U.S.C. 1320b–5(g)(1)(B)), the Secretary of 
Health and Human shall waive the requirement 
that such payment be repaid (or recouped) if 
the entity meets the requirements described in 
subparagraph (B), except that such waiver shall 
not apply with respect to any amounts from 
such payment that were not used for COVID– 
19 losses or expenses of the entity as of June 
30, 2021, based on the attestation of the entity. 
The entity shall repay any such amounts to the 
Secretary not later than July 1, 2023. The in-
terest rate for any such amount not so repaid 
as of such date shall be 2 percent if the entity 
demonstrates hardship. 
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(B) REQUIREMENTS.—For purposes of 
subparagraph (A), the requirements described 
in this subparagraph are the following: 
(i) The entity did not use any portion 
of a payment described in such subpara-
graph for compensation or benefits, includ-
ing salary, bonuses, awards of stock, or 
other financial benefits, for an officer or 
employee described in section 4004(a)(2) 
of the CARES Act (Public Law 116–136). 
(ii) The entity used at least 60 per-
cent of such payment for employee com-
pensation (other than an officer or em-
ployee described in clause (i)) during the 
period beginning on January 1, 2020, and 
ending on June 30, 2021. 
(iii) The entity did not balance bill or 
surprise bill any COVID–19 patient. 
(b) ENSURING THE SOLVENCY OF MEDICARE TRUST 
FUNDS.— 
(1) FEDERAL
HOSPITAL
INSURANCE
TRUST 
FUND.—Section 1817 of the Social Security Act (42 
U.S.C. 1395i) is amended by adding at the end the 
following new subsection: 
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‘‘(l) ACCELERATED
PAYMENT
PROGRAM
TRANS-
FERS.— 
‘‘(1) IN GENERAL.—There shall be transferred 
from the General Fund of the Treasury to the Trust 
Fund, periodically (as determined by the Managing 
Trustee), amounts such that the aggregate amount 
so transferred under this paragraph equals the total 
amount of specified payments (as defined in para-
graph (2)) made under this part. 
‘‘(2) SPECIFIED PAYMENT.—In this subsection, 
the term ‘specified payment’ means a payment that 
is made— 
‘‘(A) under section 1815(e)(3); and 
‘‘(B) during the emergency period de-
scribed in section 1135(g)(1)(B).’’. 
(2) FEDERAL
SUPPLEMENTARY
MEDICAL
IN-
SURANCE TRUST FUND.—Section 1841 of the Social 
Security Act (42 U.S.C. 1395t) is amended by add-
ing at the end the following new subsection: 
‘‘(j) ADVANCE PAYMENT PROGRAM TRANSFERS.— 
‘‘(1) IN GENERAL.—There shall be transferred 
from the General Fund of the Treasury to the Trust 
Fund, periodically (as determined by the Secretary/ 
the Managing Trustee), amounts such that the ag-
gregate amount so transferred under this paragraph 
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equals the total amount of specified payments (as 
defined in paragraph (2)) made under this part. 
‘‘(2) SPECIFIED PAYMENT.—In this subsection, 
the term ‘specified payment’ means a payment that 
is made— 
‘‘(A) under the program described in sec-
tion 421.214 of title 42, Code of Federal Regu-
lations (or a successor regulation); and 
‘‘(B) during the emergency period de-
scribed in section 1135(g)(1)(B).’’. 
(c) INSURER REQUIREMENTS.—Subpart II of part A 
of title XXVII of the Public Health Service Act (42 U.S.C. 
300gg–11 et seq.) is amended by adding at the end the 
following new section: 
‘‘SEC. 2730. COVERAGE AND PAYMENT REQUIREMENTS FOR 
ITEMS AND SERVICES FURNISHED TO COVID– 
19 PATIENTS OUT-OF-NETWORK. 
‘‘In the case of an item or service furnished by a 
health care provider to a COVID–19 patient who is an 
enrollee in a group health plan or group or individual 
health insurance coverage offered by a health insurance 
issuer, if such provider does not have in effect a contrac-
tual relationship for furnishing such item or service under 
such plan or coverage, the plan or issuer (as applicable)— 
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‘‘(1) shall pay to such provider the amount 
which would have been payable to such provider had 
such provider had in effect such a relationship for 
furnishing such item or service; and 
‘‘(2) shall ensure that any applicable cost-shar-
ing requirement is the same requirement that would 
have applied had such item or service been furnished 
by a provider that had in effect such a relation-
ship.’’. 
(d) PUBLICATION.—The Secretary of Health and 
Human Services shall publish on a public website the fol-
lowing: 
(1) A specification of each hospital receiving 
forgiveness of payment under section 1815(e)(3) of 
the Social Security Act (42 U.S.C. 1395g(e)(3)) and 
each entity receiving forgiveness of payment under 
the program described in section 421.214 of title 42, 
Code of Federal Regulations (or a successor regula-
tion). 
(2) The amount of such forgiveness with re-
spect to each such hospital and entity. 
Æ 
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