the workplace or direction from a public health offi-
cial to isolate or quarantine workers. 
‘‘(4) Any amount transferred to the account of a 
State under this subsection may be used by such State 
only for the administration of its unemployment com-
pensation law, including by taking such steps as may be 
necessary to ensure adequate resources in periods of high 
demand. 
‘‘(5) Not later than 1 year after the date of enact-
ment of the Emergency Unemployment Insurance Sta-
bilization and Access Act of 2020, each State receiving 
emergency administration grant funding under paragraph 
(1)(C)(i) shall submit to the Secretary of Labor, the Com-
mittee on Ways and Means of the House of Representa-
tives, and the Committee on Finance of the Senate, a re-
port that includes— 
‘‘(A) an analysis of the recipiency rate for un-
employment compensation in the State as such rate 
has changed over time; 
‘‘(B) a description of steps the State intends to 
take to increase such recipiency rate. 
‘‘(6)(A) Notwithstanding any other provision of law, 
the Secretary of the Treasury shall transfer from the gen-
eral fund of the Treasury (from funds not otherwise ap-
propriated) to the employment security administration ac-
count (as established by section 901 of the Social Security 
Act) such sums as the Secretary of Labor estimates to 
be necessary for purposes of making the transfers de-
scribed in paragraph (1)(C). 
‘‘(B) There are appropriated from the general fund 
of the Treasury, without fiscal year limitation, the sums 
referred to in the preceding sentence and such sums shall 
not be required to be repaid.’’. 
(b) EMERGENCY
FLEXIBILITY.—Notwithstanding 
any other law, if a State modifies its unemployment com-
pensation law and policies with respect to work search, 
waiting week, good cause, or employer experience rating 
on an emergency temporary basis as needed to respond 
to the spread of COVID–19, such modifications shall be 
disregarded for the purposes of applying section 303 of 
the Social Security Act and section 3304 of the Internal 
Revenue Code of 1986 to such State law. 
(c) REGULATIONS.—The Secretary of Labor may 
prescribe any regulations, operating instructions, or other 
guidance necessary to carry out the amendment made by 
subsection (a). 
SEC. 4103. TEMPORARY ASSISTANCE FOR STATES WITH AD-
VANCES. 
Section 1202(b)(10)(A) of the Social Security Act 
(42 U.S.C. 1322(b)(10)(A)) is amended by striking ‘‘be-
ginning on the date of enactment of this paragraph and 
ending on December 31, 2010’’ and inserting ‘‘beginning 
on the date of enactment of the Emergency Unemploy-
ment Insurance Stabilization and Access Act of 2020 and 
ending on December 31, 2020’’. 
SEC. 4104. TECHNICAL ASSISTANCE AND GUIDANCE FOR 
SHORT-TIME COMPENSATION PROGRAMS. 
The Secretary of Labor shall assist States in estab-
lishing, implementing, and improving the employer aware-
ness of short-time compensation programs (as defined in 
section 3306(v) of the Internal Revenue Code of 1986) 
to help avert layoffs, including by providing technical as-
sistance and guidance. 
SEC. 4105. FULL FEDERAL FUNDING OF EXTENDED UNEM-
PLOYMENT COMPENSATION FOR A LIMITED 
PERIOD. 
(a) IN GENERAL.—In the case of sharable extended 
compensation and sharable regular compensation paid for 
weeks of unemployment beginning after the date of the 
enactment of this section and before December 31, 2020 
(and only with respect to States that receive emergency 
administration grant funding under clauses (i) and (ii) of 
section 903(h)(1)(C) of the Social Security Act (42 U.S.C. 
1102(h)(1)(C))), section 204(a)(1) of the Federal-State 
Extended Unemployment Compensation Act of 1970 (26
U.S.C. 3304 note) shall be applied by substituting ‘‘100 
percent of’’ for ‘‘one-half of’’. 
(b) TEMPORARY FEDERAL MATCHING
FOR
THE 
FIRST WEEK
OF EXTENDED BENEFITS
FOR STATES 
WITH NO WAITING WEEK.—With respect to weeks of un-
employment beginning after the date of the enactment of 
this Act and ending on or before December 31, 2020, sub-
paragraph (B) of section 204(a)(2) of the Federal-State 
Extended Unemployment Compensation Act of 1970 (26 
U.S.C. 3304 note) shall not apply. 
(c) DEFINITIONS.—For purposes of this section— 
(1) the terms ‘‘sharable extended compensa-
tion’’ and ‘‘sharable regular compensation’’ have the 
respective meanings given such terms under section 
204 of the Federal-State Extended Unemployment 
Compensation Act of 1970; and 
(2) the term ‘‘week’’ has the meaning given 
such term under section 205 of the Federal-State 
Extended Unemployment Compensation Act of 
1970. 
(d) REGULATIONS.—The Secretary of Labor may 
prescribe any operating instructions or regulations nec-
essary to carry out this section.
DIVISION E—EMERGENCY PAID 
SICK LEAVE ACT 
SEC. 5101. SHORT TITLE. 
This Act may be cited as the ‘‘Emergency Paid Sick 
Leave Act’’. 
SEC. 5102. PAID SICK TIME REQUIREMENT. 
(a) IN GENERAL.—An employer shall provide to each 
employee employed by the employer paid sick time to the 
extent that the employee is unable to work (or telework) 
due to a need for leave because: 
(1) The employee is subject to a Federal, State, 
or local quarantine or isolation order related to 
COVID-19. 
(2) The employee has been advised by a health 
care provider to self-quarantine due to concerns re-
lated to COVID-19. 
(3) The employee is experiencing symptoms of 
COVID-19 and seeking a medical diagnosis. 
(4) The employee is caring for an individual 
who is subject to an order as described in subpara-
graph (1) or has been advised as described in para-
graph (2). 
(5) The employee is caring for a son or daugh-
ter of such employee if the school or place of care 
of the son or daughter has been closed, or the child
care provider of such son or daughter is unavailable, 
due to COVID-19 precautions. 
(6) The employee is experiencing any other sub-
stantially similar condition specified by the Secretary 
of Health and Human Services in consultation with 
the Secretary of the Treasury and the Secretary of 
Labor. 
Except that an employer of an employee who is a health 
care provider or an emergency responder may elect to ex-
clude such employee from the application of this sub-
section. 
(b) DURATION OF PAID SICK TIME.— 
(1) IN GENERAL.—An employee shall be enti-
tled to paid sick time for an amount of hours deter-
mined under paragraph (2). 
(2) AMOUNT OF HOURS.—The amount of hours 
of paid sick time to which an employee is entitled 
shall be as follows: 
(A) For full-time employees, 80 hours. 
(B) For part-time employees, a number of 
hours equal to the number of hours that such 
employee works, on average, over a 2-week pe-
riod. 
(3) CARRYOVER.—Paid sick time under this 
section shall not carry over from 1 year to the next.
(c) EMPLOYER’S
TERMINATION
OF
PAID
SICK 
TIME.—Paid sick time provided to an employee under this 
Act shall cease beginning with the employee’s next sched-
uled workshift immediately following the termination of 
the need for paid sick time under subsection (a). 
(d) PROHIBITION.—An employer may not require, as 
a condition of providing paid sick time under this Act, that 
the employee involved search for or find a replacement em-
ployee to cover the hours during which the employee is 
using paid sick time. 
(e) USE OF PAID SICK TIME.— 
(1) IN GENERAL.—The paid sick time under 
subsection (a) shall be available for immediate use 
by the employee for the purposes described in such 
subsection, regardless of how long the employee has 
been employed by an employer. 
(2) SEQUENCING.— 
(A) IN GENERAL.—An employee may first 
use the paid sick time under subsection (a) for 
the purposes described in such subsection. 
(B) PROHIBITION.—An employer may not 
require an employee to use other paid leave pro-
vided by the employer to the employee before 
the employee uses the paid sick time under sub-
section (a).
SEC. 5103. NOTICE. 
(a) IN GENERAL.—Each employer shall post and 
keep posted, in conspicuous places on the premises of the 
employer where notices to employees are customarily post-
ed, a notice, to be prepared or approved by the Secretary 
of Labor, of the requirements described in this Act. 
(b) MODEL NOTICE.—Not later than 7 days after the 
date of enactment of this Act, the Secretary of Labor shall 
make publicly available a model of a notice that meets the 
requirements of subsection (a). 
SEC. 5104. PROHIBITED ACTS. 
It shall be unlawful for any employer to discharge, 
discipline, or in any other manner discriminate against 
any employee who— 
(1) takes leave in accordance with this Act; and 
(2) has filed any complaint or instituted or 
caused to be instituted any proceeding under or re-
lated to this Act (including a proceeding that seeks 
enforcement of this Act), or has testified or is about 
to testify in any such proceeding. 
SEC. 5105. ENFORCEMENT. 
(a) UNPAID SICK LEAVE.—An employer who violates 
section 5102 shall— 
(1) be considered to have failed to pay min-
imum wages in violation of section 6 of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 206); and
(2) be subject to the penalties described in sec-
tions 16 and 17 of such Act (29 U.S.C. 216; 217) 
with respect to such violation. 
(b) UNLAWFUL TERMINATION.—An employer who 
willfully violates section 5104 shall— 
(1) be considered to be in violation of section 
15(a)(3) of the Fair Labor Standards Act of 1938 
(29 U.S.C. 215(a)(3)); and 
(2) be subject to the penalties described in sec-
tions 16 and 17 of such Act (29 U.S.C. 216; 217) 
with respect to such violation. 
SEC. 5106. EMPLOYMENT UNDER MULTI-EMPLOYER BAR-
GAINING AGREEMENTS. 
(a) EMPLOYERS.—An employer signatory to a multi-
employer collective bargaining agreement may, consistent 
with its bargaining obligations and its collective bar-
gaining agreement, fulfill its obligations under this Act by 
making contributions to a multiemployer fund, plan, or 
program based on the hours of paid sick time each of its 
employees is entitled to under this Act while working 
under the multiemployer collective bargaining agreement, 
provided that the fund, plan, or program enables employ-
ees to secure pay from such fund, plan, or program based 
on hours they have worked under the multiemployer collec-
tive bargaining agreement and for the uses specified under 
section 5102(a). 
(b) EMPLOYEES.—Employees who work under a mul-
tiemployer collective bargaining agreement into which 
their employers make contributions as provided in sub-
section (a) may secure pay from such fund, plan, or pro-
gram based on hours they have worked under the multiem-
ployer collective bargaining agreement for the uses speci-
fied in section 5102(a). 
SEC. 5107. RULES OF CONSTRUCTION. 
Nothing in this Act shall be construed— 
(1) to in any way diminish the rights or bene-
fits that an employee is entitled to under any— 
(A) other Federal, State, or local law; 
(B) collective bargaining agreement; or 
(C) existing employer policy; or 
(2) to require financial or other reimbursement 
to an employee from an employer upon the employ-
ee’s termination, resignation, retirement, or other 
separation from employment for paid sick time 
under this Act that has not been used by such em-
ployee.
SEC. 5108. EFFECTIVE DATE. 
This Act, and the requirements under this Act, shall 
take effect not later than 15 days after the date of enact-
ment of this Act. 
SEC. 5109. SUNSET. 
This Act, and the requirements under this Act, shall 
expire on December 31, 2020. 
SEC. 5110. DEFINITIONS. 
For purposes of the Act: 
(1) EMPLOYEE.—The terms ‘‘employee’’ means 
an individual who is— 
(A)(i) an employee, as defined in section 
3(e) of the Fair Labor Standards Act of 1938 
(29 U.S.C. 203(e)), who is not covered under 
subparagraph (E) or (F), including such an em-
ployee of the Library of Congress, except that 
a reference in such section to an employer shall 
be considered to be a reference to an employer 
described in clauses (i)(I) and (ii) of paragraph 
(5)(A); or 
(ii) an employee of the Government Ac-
countability Office; 
(B) a State employee described in section 
304(a) of the Government Employee Rights Act 
of 1991 (42 U.S.C. 2000e–16c(a));
(C) a covered employee, as defined in sec-
tion 101 of the Congressional Accountability 
Act of 1995 (2 U.S.C. 1301), other than an ap-
plicant for employment; 
(D) a covered employee, as defined in sec-
tion 411(c) of title 3, United States Code; 
(E) a Federal officer or employee covered 
under subchapter V of chapter 63 of title 5, 
United States Code; or 
(F) any other individual occupying a posi-
tion in the civil service (as that term is defined 
in section 2101(1) of title 5, United States 
Code). 
(2) EMPLOYER.— 
(A) IN GENERAL.—The term ‘‘employer’’ 
means a person who is— 
(i)(I) a covered employer, as defined 
in subparagraph (B), who is not covered 
under subclause (V); 
(II) an entity employing a State em-
ployee described in section 304(a) of the 
Government Employee Rights Act of 1991; 
(III) an employing office, as defined 
in section 101 of the Congressional Ac-
countability Act of 1995;
(IV) an employing office, as defined in 
section 411(c) of title 3, United States 
Code; or 
(V) an Executive Agency as defined in 
section 105 of title 5, United States Code, 
and including the U.S. Postal Service and 
the Postal Regulatory Commission; and 
(ii) engaged in commerce (including 
government), or an industry or activity af-
fecting commerce (including government), 
as defined in subparagraph (B)(iii). 
(B) COVERED EMPLOYER.— 
(i) IN
GENERAL.—In subparagraph 
(A)(i)(I), the term ‘‘covered employer’’— 
(I) means any person engaged in 
commerce or in any industry or activ-
ity affecting commerce that— 
(aa) in the case of a private 
entity 
or 
individual, 
employs 
fewer than 500 employees; and 
(bb) in the case of a public 
agency or any other entity that is 
not a private entity or individual, 
employs 1 or more employees; 
(II) includes—
(aa) includes any person act-
ing directly or indirectly in the 
interest of an employer in rela-
tion to an employee (within the 
meaning of such phrase in sec-
tion 3(d) of the Fair Labor 
Standards Act of 1938 (29 
U.S.C. 203(d)); and 
(bb) any successor in inter-
est of an employer; 
(III) includes any ‘‘public agen-
cy’’, as defined in section 3(x) of the 
Fair Labor Standards Act of 1938 
(29 U.S.C. 203(x)); and 
(IV) includes the Government 
Accountability Office and the Library 
of Congress. 
(ii) PUBLIC
AGENCY.—For purposes 
of clause (i)(IV), a public agency shall be 
considered to be a person engaged in com-
merce or in an industry or activity affect-
ing commerce. 
(iii) DEFINITIONS.—For purposes of 
this subparagraph:
(I) 
COMMERCE.—The 
terms 
‘‘commerce’’ and ‘‘industry or activity 
affecting commerce’’ means any activ-
ity, business, or industry in commerce 
or in which a labor dispute would 
hinder or obstruct commerce or the 
free flow of commerce, and include 
‘‘commerce’’ and any ‘‘industry affect-
ing commerce’’, as defined in para-
graphs (1) and (3) of section 501 of 
the Labor Management Relations Act 
of 1947 (29 U.S.C. 142 (1) and (3)). 
(II) EMPLOYEE.—The term ‘‘em-
ployee’’ has the same meaning given 
such term in section 3(e) of the Fair 
Labor Standards Act of 1938 (29 
U.S.C. 203(e)). 
(III) PERSON.—The term ‘‘per-
son’’ has the same meaning given 
such term in section 3(a) of the Fair 
Labor Standards Act of 1938 (29 
U.S.C. 203(a)). 
(3) FLSA TERMS.—The terms ‘‘employ’’ and 
‘‘State’’ have the meanings given such terms in sec-
tion 3 of the Fair Labor Standards Act of 1938 (29 
U.S.C. 203). 
(4) FMLA TERMS.—The terms ‘‘health care 
provider’’ and ‘‘son or daughter’’ have the meanings 
given such terms in section 101 of the Family and 
Medical Leave Act of 1993 (29 U.S.C. 2611). 
(5) PAID SICK TIME.— 
(A) IN
GENERAL.—The term ‘‘paid sick 
time’’ means an increment of compensated leave 
that— 
(i) is provided by an employer for use 
during an absence from employment for a 
reason described in any paragraph of sec-
tion 2(a); and 
(ii) is calculated based on the employ-
ee’s required compensation under subpara-
graph (B) and the number of hours the 
employee would otherwise be normally 
scheduled to work (or the number of hours 
calculated under subparagraph (C)), except 
that in no event shall such paid sick time 
exceed— 
(I) $511 per day and $5,110 in 
the aggregate for a use described in
paragraph (1), (2), or (3) of section 
5102(a); and 
(II) $200 per day and $2,000 in 
the aggregate for a use described in 
paragraph (4), (5), or (6) of section 
5102(a). 
(B) REQUIRED COMPENSATION.— 
(i) IN GENERAL.—Subject to subpara-
graph (A)(ii), the employee’s required com-
pensation under this subparagraph shall be 
not less than the greater of the following: 
(I) The employee’s regular rate 
of pay (as determined under section 
7(e) of the Fair Labor Standards Act 
of 1938 (29 U.S.C. 207(e)). 
(II) The minimum wage rate in 
effect under section 6(a)(1) of the 
Fair Labor Standards Act of 1938 
(29 U.S.C. 206(a)(1)). 
(III) The minimum wage rate in 
effect for such employee in the appli-
cable State or locality, whichever is 
greater, in which the employee is em-
ployed.
(ii) SPECIAL RULE FOR CARE OF FAM-
ILY MEMBERS.—Subject to subparagraph 
(A)(ii), with respect to any paid sick time 
provided for any use described in para-
graph (4), (5), or (6) of section 5102(a), 
the 
employee’s 
required 
compensation 
under this subparagraph shall be two- 
thirds of the amount described in clause 
(B)(i). 
(C) VARYING SCHEDULE HOURS CALCULA-
TION.—In the case of a part-time employee de-
scribed in section 5102(b)(2)(B) whose schedule 
varies from week to week to such an extent that 
an employer is unable to determine with cer-
tainty the number of hours the employee would 
have worked if such employee had not taken 
paid sick time under section 2(a), the employer 
shall use the following in place of such number: 
(i) Subject to clause (ii), a number 
equal to the average number of hours that 
the employee was scheduled per day over 
the 6-month period ending on the date on 
which the employee takes the paid sick 
time, including hours for which the em-
ployee took leave of any type.
(ii) If the employee did not work over 
such period, the reasonable expectation of 
the employee at the time of hiring of the 
average number of hours per day that the 
employee would normally be scheduled to 
work. 
(D) GUIDELINES.—Not later than 15 days 
after the date of the enactment of this Act, the 
Secretary of Labor shall issue guidelines to as-
sist employers in calculating the amount of paid 
sick time under subparagraph (A). 
(E) REASONABLE NOTICE.—After the first 
workday (or portion thereof) an employee re-
ceives paid sick time under this Act, an em-
ployer may require the employee to follow rea-
sonable notice procedures in order to continue 
receiving such paid sick time. 
SEC. 5111. REGULATORY AUTHORITIES. 
The Secretary of Labor shall have the authority to 
issue regulations for good cause under sections 553(b)(B) 
and 553(d)(A) of title 5, United States Code— 
(1) to exclude certain health care providers and 
emergency responders from the definition of em-
ployee under section 5110(1) including by allowing
the employer of such health care providers and 
emergency responders to opt out; 
(2) to exempt small businesses with fewer than 
50 employees from the requirements of section 
5102(a)(5) when the imposition of such require-
ments would jeopardize the viability of the business 
as a going concern; and 
(3) as necessary, to carry out the purposes of 
this Act, including to ensure consistency between 
this Act and Division C and Division G of the Fami-
lies First Coronavirus Response Act. 
DIVISION F—HEALTH 
PROVISIONS 
SEC. 6001. COVERAGE OF TESTING FOR COVID–19. 
(a) IN GENERAL.—A group health plan and a health 
insurance issuer offering group or individual health insur-
ance coverage (including a grandfathered health plan (as 
defined in section 1251(e) of the Patient Protection and 
Affordable Care Act)) shall provide coverage, and shall not 
impose any cost sharing (including deductibles, copay-
ments, and coinsurance) requirements or prior authoriza-
tion or other medical management requirements, for the 
following items and services furnished during any portion 
of the emergency period defined 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 enact-
ment of this Act: 
(1) In vitro diagnostic products (as defined in 
section 809.3(a) of title 21, Code of Federal Regula-
tions) for the detection of SARS–CoV–2 or the diag-
nosis of the virus that causes COVID–19 that are 
approved, cleared, or authorized 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) Items and services furnished to an indi-
vidual during health care provider office visits 
(which term in this paragraph includes in-person vis-
its and telehealth visits), urgent care center visits, 
and emergency room visits that result in an order 
for or administration of an in vitro diagnostic prod-
uct described in paragraph (1), but only to the ex-
tent such items and services relate to the furnishing 
or administration of such product or to the evalua-
tion of such individual for purposes of determining 
the need of such individual for such product. 
(b) ENFORCEMENT.—The provisions of subsection 
(a) shall be applied by the Secretary of Health and Human 
Services, Secretary of Labor, and Secretary of the Treas-
ury to group health plans and health insurance issuers of-
fering group or individual health insurance coverage as if 
included in the provisions of part A of title XXVII of the 
Public Health Service Act, part 7 of the Employee Retire-
ment Income Security Act of 1974, and subchapter B of 
chapter 100 of the Internal Revenue Code of 1986, as ap-
plicable. 
(c) IMPLEMENTATION.—The Secretary of Health and 
Human Services, Secretary of Labor, and Secretary of the 
Treasury may implement the provisions of this section 
through sub-regulatory guidance, program instruction or 
otherwise. 
(d) TERMS.—The terms ‘‘group health plan’’; ‘‘health 
insurance issuer’’; ‘‘group health insurance coverage’’, and 
‘‘individual health insurance coverage’’ have the meanings 
given such terms in section 2791 of the Public Health 
Service Act (42 U.S.C. 300gg–91), section 733 of the Em-
ployee Retirement Income Security Act of 1974 (29 
U.S.C. 1191b), and section 9832 of the Internal Revenue 
Code of 1986, as applicable. 
SEC. 6002. WAIVING COST SHARING UNDER THE MEDICARE 
PROGRAM FOR CERTAIN VISITS RELATING 
TO TESTING FOR COVID–19. 
(a) IN GENERAL.—Section 1833 of the Social Secu-
rity Act (42 U.S.C. 1395l) is amended— 
(1) in subsection (a)(1)—
(A) by striking ‘‘and’’ before ‘‘(CC)’’; and 
(B) by inserting before the period at the 
end the following: ‘‘, and (DD) with respect to 
a specified COVID–19 testing-related service 
described in paragraph (1) of subsection (cc) 
for which payment may be made under a speci-
fied outpatient payment provision described in 
paragraph (2) of such subsection, the amounts 
paid shall be 100 percent of the payment 
amount otherwise recognized under such respec-
tive specified outpatient payment provision for 
such service,’’; 
(2) in subsection (b), in the first sentence— 
(A) by striking ‘‘and’’ before ‘‘(10)’’; and 
(B) by inserting before the period at the 
end the following: ‘‘, and (11) such deductible 
shall not apply with respect to any specified 
COVID–19 testing-related service described in 
paragraph (1) of subsection (cc) for which pay-
ment may be made under a specified outpatient 
payment provision described in paragraph (2) 
of such subsection’’; and 
(3) by adding at the end the following new sub-
section:
‘‘(cc) SPECIFIED
COVID–19 TESTING-RELATED 
SERVICES.—For purposes of subsection (a)(1)(DD): 
‘‘(1) DESCRIPTION.— 
‘‘(A) IN GENERAL.—A specified COVID– 
19 testing-related service described in this para-
graph is a medical visit that— 
‘‘(i) is in any of the categories of 
HCPCS evaluation and management serv-
ice codes described in subparagraph (B); 
‘‘(ii) is furnished during any portion 
of the emergency period (as defined in sec-
tion 1135(g)(1)(B)) (beginning on or after 
the date of enactment of this subsection); 
‘‘(iii) results in an order for or admin-
istration of a clinical diagnostic laboratory 
test 
described 
in 
section 
1852(a)(1)(B)(iv)(IV); and 
‘‘(iv) relates to the furnishing or ad-
ministration of such test or to the evalua-
tion of such individual for purposes of de-
termining the need of such individual for 
such test. 
‘‘(B) CATEGORIES OF HCPCS CODES.—For 
purposes of subparagraph (A), the categories of
HCPCS evaluation and management services 
codes are the following: 
‘‘(i) Office and other outpatient serv-
ices. 
‘‘(ii) Hospital observation services. 
‘‘(iii) Emergency department services. 
‘‘(iv) Nursing facility services. 
‘‘(v) Domiciliary, rest home, or custo-
dial care services. 
‘‘(vi) Home services. 
‘‘(vii) Online digital evaluation and 
management services. 
‘‘(2) SPECIFIED OUTPATIENT PAYMENT PROVI-
SION.—A specified outpatient payment provision de-
scribed in this paragraph is any of the following: 
‘‘(A) The hospital outpatient prospective 
payment system under subsection (t). 
‘‘(B) The physician fee schedule under sec-
tion 1848. 
‘‘(C) The prospective payment system de-
veloped under section 1834(o). 
‘‘(D) Section 1834(g), with respect to an 
outpatient critical access hospital service.
‘‘(E) The payment basis determined in 
regulations pursuant to section 1833(a)(3) for 
rural health clinic services.’’. 
(b) CLAIMS MODIFIER.—The Secretary of Health 
and Human Services shall provide for an appropriate 
modifier (or other identifier) to include on claims to iden-
tify, for purposes of subparagraph (DD) of section 
1833(a)(1), as added by subsection (a), specified COVID– 
19 testing-related services described in paragraph (1) of 
section 1833(cc) of the Social Security Act, as added by 
subsection (a), for which payment may be made under a 
specified outpatient payment provision described in para-
graph (2) of such subsection. 
(c) IMPLEMENTATION.—Notwithstanding any other 
provision of law, the Secretary of Health and Human 
Services may implement the provisions of, including 
amendments made by, this section through program in-
struction or otherwise. 
SECTION 6003. COVERAGE OF TESTING FOR COVID–19 AT 
NO COST SHARING UNDER THE MEDICARE 
ADVANTAGE 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— 
(1) in clause (iv)—
(A) by redesignating subclause (IV) as 
subclause (VI); and 
(B) by inserting after subclause (III) the 
following new subclauses: 
‘‘(IV) Clinical diagnostic labora-
tory test administered during any por-
tion of the emergency period defined 
in 
paragraph 
(1)(B) 
of 
section 
1135(g) beginning on or after the 
date of the enactment of the Families 
First Coronavirus Response Act for 
the detection of SARS–CoV–2 or the 
diagnosis of the virus that causes 
COVID–19 and the administration of 
such test. 
‘‘(V) Specified COVID–19 test-
ing-related services (as described in 
section 1833(cc)(1)) for which pay-
ment would be payable under a speci-
fied outpatient payment provision de-
scribed in section 1833(cc)(2).’’; 
(2) in clause (v), by inserting ‘‘, other than sub-
clauses (IV) and (V) of such clause,’’ after ‘‘clause 
(iv)’’; and
(3) by adding at the end the following new 
clause: 
‘‘(vi) PROHIBITION
OF
APPLICATION 
OF CERTAIN REQUIREMENTS FOR COVID–19 
TESTING.—In the case of a product or 
service described in subclause (IV) or (V), 
respectively, of clause (iv) that is adminis-
tered or furnished during any portion of 
the emergency period described in such 
subclause beginning on or after the date of 
the enactment of this clause, an MA plan 
may not impose any prior authorization or 
other utilization management requirements 
with respect to the coverage of such a 
product or service under such plan.’’. 
(b) 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. 
SECTION 6004. 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— 
(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 
(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) COVID–19 testing-related services 
for which payment may be made under the 
State plan; 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 
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-
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’’. 
(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.’’. 
(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 sub-
section, the Federal medical assistance percent-
age shall be 100 per centum with respect to 
(and, notwithstanding any other provision of 
this title, available for) medical assistance pro-
vided to uninsured individuals (as defined in 
section 1902(ss)) who are eligible for such as-
sistance 
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:
‘‘(10) CERTAIN
IN
VITRO
DIAGNOSTIC
PROD-
UCTS FOR COVID–19 TESTING.—The child health as-
sistance 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 
administered during any portion of the emergency 
period described 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)(10) (and administra-
tion of such products), visits described in sec-
tion 1916(a)(2)(G), or’’. 
SEC. 6005. TREATMENT OF PERSONAL RESPIRATORY PRO-
TECTIVE DEVICES AS COVERED COUNTER-
MEASURES. 
Section 319F–3(i)(1) of the Public Health Service 
Act (42 U.S.C. 247d–6d(i)(1)) is amended— 
(1) in subparagraph (B), by striking ‘‘or’’ at 
the end; and 
(2) in subparagraph (C), by striking the period 
at the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(D) a personal respiratory protective de-
vice that is— 
‘‘(i) approved by the National Insti-
tute for Occupational Safety and Health 
under part 84 of title 42, Code of Federal 
Regulations (or successor regulations); 
‘‘(ii) subject to the emergency use au-
thorization issued by the Secretary on 
March 2, 2020, or subsequent emergency 
use authorizations, pursuant to section 564 
of the Federal Food, Drug, and Cosmetic 
Act (authorizing emergency use of personal
respiratory protective devices during the 
COVID–19 outbreak); and 
‘‘(iii) used during the period begin-
ning on January 27, 2020, and ending on 
October 1, 2024, in response to the public 
health emergency declared on January 31, 
2020, pursuant to section 319 as a result 
of 
confirmed 
cases 
of 
2019 
Novel 
Coronavirus (2019-nCoV).’’. 
SEC. 6006. APPLICATION WITH RESPECT TO TRICARE, COV-
ERAGE FOR VETERANS, AND COVERAGE FOR 
FEDERAL CIVILIANS. 
(a) TRICARE.—The Secretary of Defense may not re-
quire any copayment or other cost sharing under chapter 
55 of title 10, United States Code, for in vitro diagnostic 
products described in paragraph (1) of section 6001(a) (or 
the administration of such products) or visits described 
in paragraph (2) of such section furnished during any por-
tion of the emergency period defined 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 enact-
ment of this Act. 
(b) VETERANS.—The Secretary of Veterans Affairs 
may not require any copayment or other cost sharing 
under chapter 17 of title 38, United States Code, for in
vitro diagnostic products described in paragraph (1) of 
section 6001(a) (or the administration of such products) 
or visits described in paragraph (2) of such section fur-
nished during any portion of the emergency period defined 
in paragraph (1)(B) of section 1135(g) of the Social Secu-
rity Act (42 U.S.C. 1320b–5(g)) beginning on or after the 
date of the enactment of this Act. 
(c) FEDERAL CIVILIANS.—No copayment or other 
cost sharing may be required for any individual occupying 
a position in the civil service (as that term is defined in 
section 2101(1) of title 5, United States Code) enrolled 
in a health benefits plan, including any plan under chapter 
89 of title 5, United States Code, or for any other indi-
vidual currently enrolled in any plan under chapter 89 of 
title 5 for in vitro diagnostic products described in para-
graph (1) of section 6001(a) (or the administration of 
such products) or visits described in paragraph (2) of such 
section furnished during any portion of the emergency pe-
riod defined 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.
account under subsection (a) with respect to any in-
dividual shall not exceed— 
(A) for any day (or portion thereof) for 
which the individual is paid qualified family 
leave wages, $200, and 
(B) in the aggregate with respect to all 
calendar quarters, $10,000. 
(2) CREDIT LIMITED TO CERTAIN EMPLOYMENT 
TAXES.—The credit allowed by subsection (a) with 
respect to any calendar quarter shall not exceed the 
tax imposed by section 3111(a) or 3221(a) of such 
Code for such calendar quarter (reduced by any 
credits allowed under subsections (e) and (f) of sec-
tion 3111 of such Code, and section 7001 of this 
Act, for such quarter) on the wages paid with re-
spect to the employment of all employees of the em-
ployer. 
(3) REFUNDABILITY
OF
EXCESS
CREDIT.—If 
the amount of the credit under subsection (a) ex-
ceeds the limitation of paragraph (2) for any cal-
endar quarter, such excess shall be treated as an 
overpayment that shall be refunded under sections 
6402(a) and 6413(b) of such Code. 
(c) QUALIFIED FAMILY LEAVE WAGES.—For pur-
poses of this section, the term ‘‘qualified family leave