I 
116TH CONGRESS 
2D SESSION 
H. R. 8702 
To amend title XVIII of the Social Security Act to provide for an increase 
in payment under part B of the Medicare program for certain services 
in response to COVID–19. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 30, 2020 
Mr. BERA (for himself, Mr. BUCSHON, Mr. BRENDAN F. BOYLE of Pennsyl-
vania, Mr. HOLDING, Mr. RUIZ, Mr. DAVID P. ROE of Tennessee, Ms. 
FINKENAUER, and Mr. MARSHALL) introduced the following bill; which 
was referred to the Committee 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 provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To amend title XVIII of the Social Security Act to provide 
for an increase in payment under part B of the Medicare 
program for certain services in response to COVID– 
19. 
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 ‘‘Holding Providers 
Harmless From Medicare Cuts During COVID–19 Act of 
2020’’. 
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SEC. 2. PROVIDING FOR AN INCREASE IN PAYMENT UNDER 
PART B OF THE MEDICARE PROGRAM FOR 
CERTAIN SERVICES TO HOLD PROVIDERS 
HARMLESS WHILE RESPONDING TO COVID– 
19. 
(a) IN GENERAL.—Section 1833 of the Social Secu-
rity Act (42 U.S.C. 1395l) is amended by adding at the 
end the following new subsection: 
‘‘(dd) COVID–19 RELIEF PAYMENTS FOR CERTAIN 
SERVICES.— 
‘‘(1) IN GENERAL.—In the case of an eligible 
service (as defined in paragraph (2)(A)) furnished 
during a specified year (as defined in paragraph 
(2)(C)) by a supplier for which payment is made 
under (or based on) the fee schedule established 
under section 1848, in addition to the amount of 
payment that would otherwise be made for such 
service under this part, there also shall be paid at 
the time such payment under section 1848 is made 
an amount equal to the specified hold harmless relief 
payment (as defined in paragraph (2)(B)) for such 
service. 
‘‘(2) DEFINITIONS.—In this subsection: 
‘‘(A) ELIGIBLE SERVICE.— 
‘‘(i) IN GENERAL.—The term ‘eligible 
service’ means, with respect to a service 
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furnished in a specified year by a supplier 
for which payment is made under (or 
based on) the fee schedule established 
under section 1848, any service (other 
than a service described in clause (ii)) for 
which the payment amount determined 
under (or based on) such fee schedule for 
such year and supplier is less than such 
payment amount that would have been de-
termined under (or based on) such fee 
schedule for such service and supplier had 
such service been furnished in 2020. 
‘‘(ii) EXCLUDED SERVICES.—For pur-
poses of clause (i), the services described in 
this clause are any of the following: 
‘‘(I) Services identified by any of 
HCPCS codes 99202 through 99205 
or by HCPCS code 99211 (or any 
successor codes), but only if such 
service is billed in conjunction with 
HCPCS code GPC1X (or a successor 
code). 
‘‘(II) Services identified by any of 
HCPCS codes 99212 through 99215 
(or any successor codes). 
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‘‘(III) 
Services 
identified 
by 
HCPCS code GPC1X (or any suc-
cessor code). 
‘‘(B) SPECIFIED HOLD HARMLESS RELIEF 
PAYMENT.—The term ‘specified hold harmless 
relief payment’ means, with respect to an eligi-
ble service furnished in a specified year by a 
supplier, the difference between the payment 
amount determined under (or based on) the fee 
schedule established under section 1848 for 
such year and supplier and such amount that 
would have been determined under (or based 
on) such schedule for such service and supplier 
had such service been furnished in 2020. 
‘‘(C) SPECIFIED YEAR.—The term ‘speci-
fied year’ means 2021 and 2022. 
‘‘(3) COORDINATION.—The amount of the addi-
tional payment for a service under this subsection 
and subsection (m) shall be determined without re-
gard to any additional payment for the service under 
subsection (m) and this subsection, respectively. The 
amount of the additional payment for a service 
under this subsection and subsection (z) shall be de-
termined without regard to any additional payment 
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for the service under subsection (z) and this sub-
section, respectively. 
‘‘(4) CLARIFICATION.—For purposes of this 
subsection, a service for which payment is made 
under (or based on) the fee schedule established 
under section 1848 includes a service payable under 
section 1834(k). 
‘‘(5) LIMITATION ON JUDICIAL REVIEW.—There 
shall be no administrative or judicial review under 
section 1869, 1878, or otherwise, respecting the 
identification of eligible services under this sub-
section.’’. 
(b) 
CONFORMING
AMENDMENT.—Section 
1834(g)(2)(B) of the Social Security Act (42 U.S.C. 
1395m(g)(2)(B)) is amended by striking ‘‘(x) and (y)’’ 
and inserting ‘‘(x), (y), and (dd)’’. 
Æ 
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