Treasury, shall make payments in accordance with 
this subsection to the plan or issuer equal to such 
total dollar amount. 
(2) METHODOLOGY FOR PAYMENTS.—The Sec-
retary of Health and Human Services, in coordina-
tion with the Secretary of Labor and the Secretary 
of the Treasury shall establish a payment system for 
making payments under this subsection. Any such 
system shall make payment for the value of cost 
sharing not imposed by the plan or issuer involved. 
(3) TIMING
OF
PAYMENTS.—Payments made 
under paragraph (1) shall be made no later than 
May 1, 2022, for amounts of cost sharing waivers 
with respect to 2021. Payments under this sub-
section with respect to such waivers with respect to 
a year subsequent to 2021 that begins during the 
period to which subsection (a) applies shall be made 
no later than May of the year following such subse-
quent year. 
(4) APPROPRIATIONS.—There is authorized to 
be appropriated, and there is appropriated, out of 
any monies in the Treasury not otherwise appro-
priated, such funds as are necessary to carry out 
this subsection. 
(d) ENFORCEMENT.— 
VerDate Sep 11 2014 
00:02 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H898.IH
H898
pamtmann on DSKBC07HB2PROD with BILLS
(1) APPLICATION
WITH
RESPECT
TO
PHSA, 
ERISA, AND
IRC.—The provisions of this section 
shall be applied by the Secretary of Health and 
Human Services, Secretary of Labor, and Secretary 
of the Treasury to group health plans and health in-
surance issuers offering 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 Retirement Income Se-
curity Act of 1974, and subchapter B of chapter 100 
of the Internal Revenue Code of 1986, as applicable. 
(2) PRIVATE RIGHT OF ACTION.—An individual 
with respect to whom an action is taken by a group 
health plan or health insurance issuer offering group 
or individual health insurance coverage in violation 
of subsection (a) may commence a civil action 
against the plan or issuer for appropriate relief. The 
previous sentence shall not be construed as limiting 
any enforcement mechanism otherwise applicable 
pursuant to paragraph (1). 
(e) 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. 
VerDate Sep 11 2014 
00:02 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H898.IH
H898
pamtmann on DSKBC07HB2PROD with BILLS
(f) 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. 
Æ 
VerDate Sep 11 2014 
00:02 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6301
E:\BILLS\H898.IH
H898
pamtmann on DSKBC07HB2PROD with BILLS