I 
117TH CONGRESS 
2D SESSION 
H. R. 8693 
To ensure access to cost-free monkeypox testing services. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 9, 2022 
Mr. SEAN PATRICK MALONEY of New York (for himself, Mr. CICILLINE, Mr. 
JONES, Mr. TAKANO, Mr. TORRES of New York, Mr. PETERS, Ms. 
UNDERWOOD, Mr. TONKO, Mr. NADLER, Mrs. CAROLYN B. MALONEY of 
New York, Ms. JACOBS of California, Mr. BOWMAN, Mr. EVANS, Ms. 
BASS, Ms. VELA´ZQUEZ, and Mr. KRISHNAMOORTHI) introduced the fol-
lowing bill; which was referred to the Committee on Energy and Com-
merce, and in addition to the Committees on Ways and Means, Armed 
Services, Veterans’ Affairs, Oversight and Reform, and Natural Re-
sources, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To ensure access to cost-free monkeypox testing 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 ‘‘No Cost for 
Monkeypox Testing Act of 2022’’. 
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SEC. 2. ENSURING ACCESS TO COST-FREE MONKEYPOX 
TESTING SERVICES. 
(a) GROUP HEALTH PLANS AND GROUP AND INDI-
VIDUAL HEALTH INSURANCE COVERAGE.—Subpart II of 
part A of title XXVII of the Public Health Service Act 
(42 U.S.C. 300gg–11 et seq.) is amended by adding at 
the end the following new section: 
‘‘SEC. 2730. COVERAGE OF MONKEYPOX TESTING WITH NO 
COST SHARING. 
‘‘A group health plan and a health insurance issuer 
offering group or individual health insurance coverage (in-
cluding 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, copayments, and coinsur-
ance) requirements or prior authorization or other medical 
management requirements, for the following items and 
services furnished during the period beginning on the date 
of the enactment of this section and ending on December 
31, 2023: 
‘‘(1) Tests for the detection of the monkeypox 
virus or the diagnosis of monkeypox (including the 
administration of such testing). 
‘‘(2) Items and services furnished to an indi-
vidual during health care provider office visits 
(which term in this paragraph includes in-person vis-
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its and telehealth visits), urgent care center visits, 
and emergency room visits that result in an order 
for or administration of a test described in para-
graph (1), but only to the extent such items and 
services relate to the furnishing or administration of 
such test or to the evaluation of such individual for 
purposes of determining the need of such individual 
for such test.’’. 
(b) MEDICARE.—Section 1833 of the Social Security 
Act (42 U.S.C. 1395l) is amended— 
(1) in subsection (a)(1)— 
(A) by striking ‘‘and’’ before ‘‘(DD)’’; and 
(B) by inserting before the semicolon at 
the end the following: ‘‘and (EE) with respect 
to a specified monkeypox testing-related service 
described in paragraph (1) of subsection (ee) 
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 ‘‘(12)’’; and 
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(B) by inserting before the period at the 
end the following: ‘‘, and (13) such deductible 
shall not apply with respect to any specified 
monkeypox testing-related service described in 
paragraph (1) of subsection (ee) 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: 
‘‘(ee) SPECIFIED MONKEYPOX TESTING-RELATED 
SERVICES.—For purposes of subsection (a)(1)(EE): 
‘‘(1) DESCRIPTION.— 
‘‘(A) 
IN
GENERAL.—A 
specified 
monkeypox testing-related service described in 
this paragraph 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 period that begins on the date of the 
enactment of this subsection and ends on 
December 31, 2023; 
‘‘(iii) results in an order for or admin-
istration of a clinical diagnostic laboratory 
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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 categories described in subsection 
(cc)(1)(B). 
‘‘(2) SPECIFIED OUTPATIENT PAYMENT PROVI-
SION.—A specified outpatient payment provision de-
scribed in this paragraph is any such provision de-
scribed in subsection (cc)(2).’’. 
(c) MEDICARE ADVANTAGE.—Section 1852(a)(1)(B) 
of the Social Security Act (42 U.S.C. 1395w–22(a)(1)(B)) 
is amended— 
(1) in clause (iv)— 
(A) by redesignating subclause (VII) as 
subclause (IX); and 
(B) by inserting after subclause (VI) the 
following new subclauses: 
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‘‘(VII) Clinical diagnostic labora-
tory tests administered during the pe-
riod beginning on the date of the en-
actment of this subclause and ending 
on December 31, 2023, for the detec-
tion of the monkeypox virus or the di-
agnosis of monkeypox and the admin-
istration of such test. 
‘‘(VIII) 
Specified 
monkeypox 
testing-related services (as described 
in section 1833(ee)(1)) for which pay-
ment would be payable under a speci-
fied outpatient payment provision de-
scribed in section 1833(ee)(2).’’; 
(2) in clause (v), by striking ‘‘subclauses (IV), 
(V), and (VI)’’ and inserting ‘‘subclauses (IV) 
through (VIII)’’; and 
(3) by adding at the end the following new 
clause: 
‘‘(vii) PROHIBITION OF APPLICATION 
OF
CERTAIN
REQUIREMENTS
FOR 
MONKEYPOX TESTING.—In the case of a 
test or service described in subclause (VII) 
or (VIII) of clause (iv) that is administered 
or furnished during the period described in 
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such subclause (VII), an MA plan may not 
impose any prior authorization or other 
utilization management requirements with 
respect to the coverage of such a test or 
service under such plan.’’. 
(d) MEDICAID AND CHIP.— 
(1) MEDICAID.— 
(A) IN GENERAL.—Section 1905(a)(3) of 
the 
Social 
Security 
Act 
(42 
U.S.C. 
1396d(a)(3)) is amended— 
(i) in subparagraph (A), by striking 
‘‘and’’ at the end; 
(ii) in subparagraph (B), by striking 
the semicolon and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing new subparagraph: 
‘‘(C) tests administered during the period be-
ginning on the date of the enactment of this sub-
paragraph and ending on December 31, 2023, for 
the detection of the monkeypox virus or the diag-
nosis of monkeypox and the administration of such 
tests;’’. 
(B) NO COST SHARING.— 
(i) IN GENERAL.—Subsections (a)(2) 
and (b)(2) of section 1916 of the Social 
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service described in section 1916(a)(2)(K) 
that is furnished during any such period.’’. 
(iii) 
CLARIFICATION.—The 
amend-
ments 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. 
(C) EXPANSION OF STATE OPTION TO PRO-
VIDE COVERAGE OF UNINSURED INDIVIDUALS 
TO
INCLUDE
MONKEYPOX
TESTING.—Section 
1902(a)(10) of the Social Security Act (42 
U.S.C. 1396a(a)(10)) is amended— 
(i) in subparagraph (A)(ii)(XXIII), by 
striking ‘‘any portion of the emergency pe-
riod defined in paragraph (1)(B) of section 
1135(g) beginning on or after the date of 
the enactment of this subclause’’ and in-
serting ‘‘the period beginning on the date 
of the enactment of this subclause and 
ending on December 31, 2022 (or, if lat-
ter, on the last day of the emergency pe-
riod described in section 1135(g)(1)(B)),’’; 
and 
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(ii) in the matter following subpara-
graph 
(G) 
designated 
as 
subclause 
(XVIII)— 
(I) by striking ‘‘the period at the 
end of the emergency sentence de-
scribed in such section’’ and inserting 
‘‘the emergency period described in 
such section’’; 
(II) by striking ‘‘and testing and 
treatments’’ and inserting ‘‘testing 
and treatments’’; and 
(III) by inserting ‘‘any test de-
scribed in section 1905(a)(3)(C) (and 
the administration of such test) that 
is administered during the period be-
ginning on the date of the enactment 
of the No Cost for Monkeypox Testing 
Act of 2022 and ending on January 1, 
2023, and any service described in 
section 1916(a)(2)(K) that is fur-
nished during such period’’ after ‘‘(or 
waiver of such plan)’’. 
(2) CHIP.— 
(A) IN GENERAL.—Section 2103(c) of the 
Social Security Act (42 U.S.C. 1397cc(c)) is 
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amended by adding at the end the following 
paragraph: 
‘‘(12) CERTAIN
MONKEYPOX
TESTING.—The 
child health assistance provided to a targeted low-in-
come child shall include coverage of any test de-
scribed in section 1905(a)(3)(C) that is administered 
during the period beginning on the date of the en-
actment of this paragraph and ending on December 
31, 2023 (and the administration of such test).’’. 
(B) PROHIBITION
OF
COST
SHARING.— 
Section 2103(e)(2) of the Social Security Act 
(42 U.S.C. 1397cc(e)(2)) is amended— 
(i) 
in 
the 
header, 
by 
inserting 
‘‘MONKEYPOX TESTING,’’ after ‘‘COVID–19 
TREATMENT’’; and 
(ii) by inserting ‘‘tests described in 
subsection (c)(12) (and administration of 
such tests) furnished during the period de-
scribed in such section, services described 
in section 1916(a)(2)(K) furnished during 
such period’’ before ‘‘, or for pregnancy-re-
lated assistance’’. 
(e) APPLICATION WITH RESPECT TO TRICARE, COV-
ERAGE FOR VETERANS, AND COVERAGE FOR FEDERAL 
CIVILIANS.— 
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(1) TRICARE.—The Secretary of Defense may 
not require any copayment or other cost sharing 
under chapter 55 of title 10, United States Code, for 
tests described in paragraph (1) of section 2730 of 
the Public Health Service Act (or the administration 
of such tests) or item and services described in para-
graph (2) of such section furnished during the pe-
riod beginning on the date of the enactment of this 
Act and ending on December 31, 2023. 
(2) VETERANS.—The Secretary of Veterans Af-
fairs may not require any copayment or other cost 
sharing under chapter 17 of title 38, United States 
Code, for tests described in paragraph (1) of section 
2730 of the Public Health Service Act (or the ad-
ministration of such tests) or items and services de-
scribed in paragraph (2) of such section furnished 
during the period described in paragraph (1). 
(3) FEDERAL
CIVILIANS.—No copayment or 
other cost sharing may be required for any indi-
vidual 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 individual cur-
rently enrolled in any plan under chapter 89 of title 
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5 for tests described in paragraph (1) of section 
2730 of the Public Health Service Act (or the ad-
ministration of such tests) or items and services de-
scribed in paragraph (2) of such section furnished 
during the period described in paragraph (1). 
(f) COVERAGE OF TESTING FOR MONKEYPOX AT NO 
COST SHARING FOR INDIANS RECEIVING PURCHASED/RE-
FERRED CARE.—The Secretary of Health and Human 
Services shall cover, without the imposition of any cost 
sharing requirements, the cost of providing any test de-
scribed in paragraph (1) of section 2730 of the Public 
Health Service Act (or the administration of such tests) 
or items and services described in paragraph (2) of such 
section furnished during the period described in subsection 
(e)(1) to Indians (as defined in section 4 of the Indian 
Health Care Improvement Act (25 U.S.C. 1603)) receiv-
ing health services through the Indian Health Service, in-
cluding through an Urban Indian Organization, regardless 
of whether such items or services have been authorized 
under the purchased/referred care system funded by the 
Indian Health Service or is covered as a health service 
of the Indian Health Service. 
(g) ACCESS
FOR CERTAIN UNINSURED INDIVID-
UALS.— 
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(1) IN GENERAL.—The Secretary of Health and 
Human Services shall establish a program under 
which— 
(A) program-registered providers submit 
claims to the Secretary with respect to the fur-
nishing, during the period described in sub-
section (e)(1), of tests described in paragraph 
(1) of section 2730 of the Public Health Service 
Act (or the administration of such tests) or 
items and services described in paragraph (2) of 
such section furnished to uninsured individuals; 
and 
(B) the Secretary, subject to the avail-
ability of appropriations, pays each such pro-
vider for such tests, items, and services in an 
amount determined appropriate by the Sec-
retary. 
(2) DEFINITIONS.—In this section: 
(A) PROGRAM-REGISTERED
PROVIDER.— 
The term ‘‘program-registered provider’’ means 
a health care provider that— 
(i) enters into an agreement with the 
Secretary under which the provider agrees 
not to hold an uninsured individual liable 
for the cost of tests, items, and services de-
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scribed in paragraph (1) with respect to 
which a payment is made under subpara-
graph (B) of such paragraph; and 
(ii) meets such other requirements as 
the Secretary may specify. 
(B) SECRETARY.—The term ‘‘Secretary’’ 
means the Secretary of Health and Human 
Services. 
(C) UNINSURED
INDIVIDUAL.—The term 
‘‘uninsured individual’’ means, with respect to 
an individual and a test, item, or service de-
scribed in paragraph (1), an individual who— 
(i) is not enrolled in— 
(I) a Federal health care pro-
gram (as defined in section 1128B(f) 
of the Social Security Act (42 U.S.C. 
1320a–7b(f))); 
(II) a group health plan or health 
insurance coverage offered by a health 
insurance issuer in the group or indi-
vidual market (as such terms are de-
fined in section 2791 of the Public 
Health Service Act (42 U.S.C. 300gg– 
91)); or 
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(III) a health plan offered under 
chapter 89 of title 5, United States 
Code; or 
(ii) is enrolled in a program, plan, or 
coverage described in subparagraph (A) 
that does not provide any benefits for such 
test, item, or service under such program, 
plan, or coverage (as applicable). 
Æ 
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