I 
117TH CONGRESS 
2D SESSION 
H. R. 7213 
To amend title XVIII of the Social Security Act to provide pharmacy 
reimbursement for COVID–19-related and future emergency services. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 24, 2022 
Mr. KIND (for himself, Mr. MCKINLEY, Ms. BARRAGA´N, and Mr. CARTER of 
Georgia) introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committee on 
Ways and Means, for a period to be subsequently 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 
pharmacy reimbursement for COVID–19-related and fu-
ture emergency services. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Equitable Community 
Access to Pharmacist Services Act’’. 
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‘‘(I) for testing and testing-related 
services for COVID–19, influenza, res-
piratory syncytial virus, or streptococcal 
pharyngitis; 
‘‘(II) for the initiation of a drug regi-
men for COVID–19, influenza, or strepto-
coccal pharyngitis; 
‘‘(III) for the administration of a vac-
cine and related services for COVID–19 or 
influenza; 
‘‘(IV) that address a public health 
need related to a public health emergency 
under section 319F–3 or section 361 of 
the Public Health Service Act, or other 
similar Federal law; or 
‘‘(V) as determined by the Secretary 
by program instruction or otherwise, in-
cluding the closing of gaps in health eq-
uity.’’. 
(b) PAYMENT.—Section 1833(a)(1) of the Social Se-
curity Act (42 U.S.C. 1395l(a)(1)) is amended— 
(1) by striking ‘‘and (DD)’’ and inserting 
‘‘(DD)’’; and 
(2) by inserting before the semicolon at the end 
the following: ‘‘(EE) with respect to pharmacist 
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services described in section 1861(s)(2)(II) for which 
payment may be made under section 1848, the 
amounts paid shall be equal to 85 percent (or 100 
percent, in the case of such services furnished pursu-
ant to a Federal emergency authority described in 
clause (i)(II) of such section) of an amount deter-
mined by the Secretary or the lesser of the actual 
charge for the services or the physician fee schedule 
amount provided under section 1848 if such services 
had been furnished by a physician’’. 
(c) REASSIGNMENT OF PAYMENT.—Section 1833 of 
the Social Security Act (42 U.S.C. 1395l) is amended by 
adding at the end the new subsection: 
‘‘(ee) With respect to pharmacist services described 
in section 1861(s)(2)(II) payment may be made on the 
basis of a claim or request for payment presented by the 
pharmacist furnishing such services, or by a pharmacy, 
hospital, critical access hospital, skilled nursing facility or 
nursing facility (as defined in section 1919(a)), physician, 
group practice, or ambulatory surgical center with which 
the pharmacist has an employment or contractual relation-
ship that provides for payment to be made under this part 
for such services to such pharmacy, hospital, critical ac-
cess hospital, skilled nursing facility or nursing facility, 
physician, group practice, or ambulatory surgical center.’’. 
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(d) PROHIBITION ON BALANCE BILLING FOR PHAR-
MACIST SERVICES.—Section 1842(b)(18)(C) of the Social 
Security Act (42 U.S.C. 1395u(b)(18)(C)) is amended by 
adding at the end the following: 
‘‘(vii) A pharmacist.’’. 
(e) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed— 
(1) to limit flexibilities provided under section 
410.32 of title 42, Code of Federal Regulations (or 
any successor regulation) in response to COVID–19; 
or 
(2) to restrict the ability of pharmacies and 
pharmacists to enroll and obtain reimbursement 
under existing pathways under title XVIII of the So-
cial Security Act (42 U.S.C. 1395 et seq.) as of the 
date of the enactment of this Act, including reim-
bursement as mass immunizers. 
(f) 
IMPLEMENTATION
AUTHORITY.—Notwith-
standing any other provision of law, the Secretary of 
Health and Human Services shall implement the provi-
sions of, and the amendments made by, this section by 
interim final rule, program instruction, or otherwise not 
later than the date that is 60 days after the date of the 
enactment of this Act. 
Æ 
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