I 
116TH CONGRESS 
2D SESSION 
H. R. 6214 
To amend title XVIII of the Social Security Act to provide for coverage 
of testing for COVID–19 at no cost sharing under the Medicare Advan-
tage program. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 12, 2020 
Mr. KIND (for himself, Mrs. TRAHAN, and Ms. BARRAGA´N) introduced the fol-
lowing bill; which was referred to the Committee on Ways and Means, 
and in addition to the Committee on Energy and Commerce, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation 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 coverage of testing for COVID–19 at no cost sharing 
under the Medicare Advantage program. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Sep 11 2014 
22:43 Mar 21, 2020
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6214.IH
H6214
kjohnson on DSK79L0C42PROD with BILLS
SECTION 1. COVERAGE OF TESTING 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— 
(1) in clause (iv)— 
(A) by redesignating subclause (IV) as 
subclause (VI); and 
(B) by inserting after subclause (III) the 
following new subclauses: 
‘‘(IV) In vitro diagnostic prod-
ucts (as defined in section 809.3(a) of 
title 21, Code of Federal Regulations) 
administered 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 clause (vi) for the detec-
tion of SARS–CoV–2 or the diagnosis 
of the virus that causes COVID–19 
that are approved, cleared, or author-
ized under section 510(k), 513, 515 
or 564 of the Federal Food, Drug, 
and Cosmetic Act, and the adminis-
VerDate Sep 11 2014 
22:43 Mar 21, 2020
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6214.IH
H6214
kjohnson on DSK79L0C42PROD with BILLS
tration of such in vitro diagnostic 
products. 
‘‘(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 
VerDate Sep 11 2014 
22:43 Mar 21, 2020
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6214.IH
H6214
kjohnson on DSK79L0C42PROD with BILLS
with respect to the coverage of such a 
product or service under such plan.’’. 
(b) IMPLEMENTATION.—The Secretary of Health and 
Human Services may implement the amendments made by 
this section by program instruction or otherwise. 
Æ 
VerDate Sep 11 2014 
22:43 Mar 21, 2020
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6301
E:\BILLS\H6214.IH
H6214
kjohnson on DSK79L0C42PROD with BILLS