I 
116TH CONGRESS 
2D SESSION 
H. R. 6244 
To amend titles XVIII and XIX to provide for coverage at no cost sharing 
of COVID–19 testing under the Medicaid program and Children’s Health 
Insurance Program. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 12, 2020 
Ms. KELLY of Illinois (for herself, Ms. SEWELL of Alabama, and Mr. 
DESAULNIER) introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To amend titles XVIII and XIX to provide for coverage 
at no cost sharing of COVID–19 testing under the Med-
icaid program and Children’s Health Insurance Program. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. COVERAGE AT NO COST SHARING OF COVID–19 
TESTING UNDER MEDICAID AND CHIP. 
(a) MEDICAID.— 
(1) IN GENERAL.—Section 1905(a)(3) of the 
Social Security Act (42 U.S.C. 1396d(a)(3)) is 
amended— 
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(A) by striking ‘‘other laboratory’’ and in-
serting ‘‘(A) other laboratory’’; 
(B) by inserting ‘‘and’’ after the semicolon; 
and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(B) in vitro diagnostic products (as defined in 
section 809.3(a) of title 21, Code of Federal Regula-
tions) administered during any portion of the emer-
gency period defined in paragraph (1)(B) of section 
1135(g) beginning on or after the date of the enact-
ment of this subparagraph for the detection of 
SARS–CoV–2 or the diagnosis of the virus that 
causes COVID–19 that are approved, cleared, or au-
thorized under section 510(k), 513, 515, or 564 of 
the Federal Food, Drug, and Cosmetic Act, and the 
administration of such in vitro diagnostic products;’’. 
(2) NO COST SHARING.— 
(A) IN GENERAL.—Subsections (a)(2) and 
(b)(2) of section 1916 of the Social Security 
Act (42 U.S.C. 1396o) are each amended— 
(i) in subparagraph (D), by striking 
‘‘or’’ at the end; 
(ii) in subparagraph (E), by striking 
‘‘; and’’ and inserting a comma; and 
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(iii) by adding at the end the fol-
lowing new subparagraphs: 
‘‘(F) any in vitro diagnostic product de-
scribed in section 1905(a)(3)(B) that is admin-
istered during any portion of the emergency pe-
riod described in such section beginning on or 
after the date of the enactment of this subpara-
graph (and the administration of such product), 
or 
‘‘(G) any medical visit for which payment 
may be made under the State plan, that is fur-
nished during any such portion of such emer-
gency period, and that relates to testing for 
COVID–19; and’’. 
(B) APPLICATION TO ALTERNATIVE COST 
SHARING.—Section 1916A(b)(3)(B) of the So-
cial Security Act (42 U.S.C. 1396o–1(b)(3)(B)) 
is amended by adding at the end the following 
new clause: 
‘‘(xi) Any in vitro diagnostic product 
described in section 1905(a)(3)(B) that is 
administered during any portion of the 
emergency period described in such section 
beginning on or after the date of the enact-
ment of this clause (and the administration 
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of such product) and any visit described in 
section 1916(a)(2)(G) that is furnished 
during any such portion.’’. 
(C) 
CLARIFICATION.—The 
amendments 
made this paragraph shall apply with respect to 
a State plan of a territory in the same manner 
as a State plan of one of the 50 States. 
(3) STATE OPTION TO PROVIDE COVERAGE FOR 
UNINSURED INDIVIDUALS.— 
(A) IN GENERAL.—Section 1902(a)(10) of 
the 
Social 
Security 
Act 
(42 
U.S.C. 
1396a(a)(10)) is amended— 
(i) in subparagraph (A)(ii)— 
(I) in subclause (XXI), by strik-
ing ‘‘or’’ at the end; 
(II) in subclause (XXII), by add-
ing ‘‘or’’ at the end; and 
(III) by adding at the end the 
following new subclause: 
‘‘(XXIII) during any portion of 
the emergency period defined in para-
graph (1)(B) of section 1135(g) be-
ginning on or after the date of the en-
actment of this subclause, who are un-
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insured individuals (as defined in sub-
section (ss));’’; and 
(ii) in the matter following subpara-
graph (G)— 
(I) by striking ‘‘and (XVII)’’ and 
inserting ‘‘, (XVII)’’; and 
(II) by inserting after ‘‘instead of 
through subclause (VIII)’’ the fol-
lowing: ‘‘, and (XVIII) the medical as-
sistance made available to an unin-
sured individual (as defined in sub-
section (ss)) who is eligible for med-
ical assistance only because of sub-
paragraph (A)(ii)(XXIII) shall be lim-
ited to medical assistance for any in 
vitro diagnostic product described in 
section 1905(a)(3)(B) that is adminis-
tered during any portion of the emer-
gency period described in such section 
beginning on or after the date of the 
enactment of this subclause (and the 
administration of such product) and 
any 
visit 
described 
in 
section 
1916(a)(2)(G) that is furnished dur-
ing any such portion’’. 
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(B) RECEIPT AND INITIAL PROCESSING OF 
APPLICATIONS
AT
CERTAIN
LOCATIONS.—Sec-
tion 1902(a)(55) of the Social Security Act (42 
U.S.C. 1396a(a)(55)) is amended, in the matter 
preceding subparagraph (A), by striking ‘‘or 
(a)(10)(A)(ii)(IX)’’ 
and 
inserting 
‘‘(a)(10)(A)(ii)(IX), or (a)(10)(A)(ii)(XXIII)’’. 
(C) UNINSURED INDIVIDUAL DEFINED.— 
Section 1902 of the Social Security Act (42 
U.S.C. 1396a) is amended by adding at the end 
the following new subsection: 
‘‘(ss) UNINSURED INDIVIDUAL DEFINED.—For pur-
poses of this section, the term ‘uninsured individual’ 
means, notwithstanding any other provision of this title, 
any individual who is— 
‘‘(1) not described in subsection (a)(10)(A)(i); 
and 
‘‘(2) not enrolled in a Federal health care pro-
gram (as defined in section 1128B(f)), a group 
health plan, group or individual health insurance 
coverage offered by a health insurance issuer (as 
such terms are defined in section 2791 of the Public 
Health Service Act), or a health plan offered under 
chapter 89 of title 5, United States Code.’’. 
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(D) FEDERAL MEDICAL ASSISTANCE PER-
CENTAGE.—Section 1905(b) of the Social Secu-
rity Act (42 U.S.C. 1396d(b)) is amended by 
adding at the end the following new sentence: 
‘‘Notwithstanding the first sentence of this sec-
tion, the Federal medical assistance percentage 
shall be 100 per centum with respect to (and, 
notwithstanding any other provision of this 
title, available for) medical assistance provided 
to uninsured individuals (as defined in section 
1902(ss)) who are eligible for such assistance 
only 
on 
the 
basis 
of 
section 
1902(a)(10)(A)(ii)(XXIII) and with respect to 
expenditures described in section 1903(a)(7) 
that a State demonstrates to the satisfaction of 
the Secretary are attributable to administrative 
costs related to providing for such medical as-
sistance to such individuals under the State 
plan.’’. 
(b) CHIP.— 
(1) IN GENERAL.—Section 2103(c) of the So-
cial Security Act (42 U.S.C. 1397cc(c)) is amended 
by adding at the end the following paragraph: 
‘‘(9) CERTAIN IN VITRO DIAGNOSTIC PRODUCTS 
FOR COVID–19 TESTING.—The child health assist-
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ance provided to a targeted low-income child shall 
include coverage of any in vitro diagnostic product 
described in section 1905(a)(3)(B) that is adminis-
tered during any portion of the emergency period de-
scribed in such section beginning on or after the 
date of the enactment of this subparagraph (and the 
administration of such product).’’. 
(2) COVERAGE
FOR
TARGETED
LOW-INCOME 
PREGNANT WOMEN.—Section 2112(b)(4) of the So-
cial Security Act (42 U.S.C. 1397ll(b)(4)) is amend-
ed by inserting ‘‘under section 2103(c)’’ after ‘‘same 
requirements’’. 
(3) PROHIBITION OF COST SHARING.—Section 
2103(e)(2) of the Social Security Act (42 U.S.C. 
1397cc(e)(2)) is amended— 
(A) in the paragraph header, by inserting 
‘‘, COVID–19 TESTING,’’ before ‘‘OR PREGNANCY- 
RELATED ASSISTANCE’’; and 
(B) by striking ‘‘category of services de-
scribed in subsection (c)(1)(D) or’’ and insert-
ing ‘‘categories of services described in sub-
section (c)(1)(D), in vitro diagnostic products 
described in subsection (c)(9) (and administra-
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tion of such products), visits described in sec-
tion 1916(a)(2)(G), or’’. 
Æ 
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