105 
manner as the Secretary may reasonably require, which 
shall include a description of— 
(1) how the eligible entity will support the re-
cruitment, placement, and training, as applicable, of 
eligible individuals seeking employment in contact 
tracing and related positions by partnering with— 
(A) a State, local, Tribal, or territorial 
health department; or 
(B) one or more nonprofit or community- 
based organizations partnering with such health 
departments; 
(2) how the activities described in paragraph 
(1) will support State efforts to address the demand 
for contact tracing and related positions with respect 
to— 
(A) the State plans referred to in the head-
ing ‘‘Public Health and Social Services Emer-
gency Fund’’ in title I of division B of the Pay-
check Protection Program and Health Care En-
hancement Act (Public Law 116–139); 
(B) the testing strategy submitted under 
section 211; and 
(C) the number of eligible individuals that 
the State plans to recruit and train under the 
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plans and strategies described in subparagraphs 
(A) and (B); 
(3) the specific strategies for recruiting and 
placement of eligible individuals from or residing 
within the communities in which they will work, in-
cluding— 
(A) plans for the recruitment of eligible in-
dividuals to serve as contact tracers and related 
positions, including dislocated workers, individ-
uals with barriers to employment, veterans, new 
entrants in the workforce, or underemployed or 
furloughed workers, who are from or reside in 
or near the local area in which they will serve, 
and who, to the extent practicable— 
(i) have experience or a background in 
industry-sectors and occupations such as 
public health, social services, customer 
service, case management, or occupations 
that require related qualifications, skills, or 
competencies, such as strong interpersonal 
and communication skills, needed for con-
tact tracing and related positions, as de-
scribed in section 223(d)(2)(E)(ii); or 
(ii) seek to transition to public health 
and public health related occupations upon 
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the conclusion of employment in contact 
tracing and related positions; and 
(B) how such strategies will take into ac-
count the diversity of such community, includ-
ing racial, ethnic, socioeconomic, linguistic, or 
geographic diversity; 
(4) the amount, timing, and mechanisms for 
distribution of funds provided to local boards or 
through subgrants as described in subsection (d); 
(5) for eligible entities described in subpara-
graphs (A) through (C) of subsection (a)(4), a de-
scription of how the eligible entity will ensure the eq-
uitable distribution of funds with respect to— 
(A) geography (such as urban and rural 
distribution); 
(B) medically underserved populations (as 
defined in section 33(b)(3) of the Public Health 
Service Act (42 U.S.C. 254b(b))); 
(C) health professional shortage areas (as 
defined under section 332(a) of the Public 
Health Service Act (42 U.S.C. 254e(a))); and 
(D) the racial and ethnic diversity of the 
area; and 
(6) for eligible entities who are local boards, a 
description of how a grant to such eligible entity 
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would serve the equitable distribution of funds as de-
scribed in paragraph (5). 
(d) SUBGRANT AUTHORIZATION AND APPLICATION 
PROCESS.— 
(1) IN GENERAL.—An eligible entity may award 
a subgrant to one or more community-based organi-
zations for the purposes of partnering with a State 
or local board to conduct outreach and education ac-
tivities to inform potentially eligible individuals 
about employment opportunities in contact tracing 
and related positions. 
(2) APPLICATION.—A community-based organi-
zation shall submit an application at such time and 
in such manner as the eligible entity may reasonably 
require, including— 
(A) a demonstration of the community- 
based organization’s established expertise and 
effectiveness in community outreach in the local 
area that such organization plans to serve; 
(B) a demonstration of the community- 
based organization’s expertise in providing em-
ployment or public health information to the 
local areas in which such organization plans to 
serve; and 
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(C) a description of the expertise of the 
community-based organization in utilizing cul-
turally competent and multilingual strategies in 
the provision of services. 
(e) GRANT DISTRIBUTION.— 
(1) FEDERAL DISTRIBUTION.— 
(A) USE OF FUNDS.— The Secretary of 
Labor shall use the funds appropriated to carry 
out this section as follows: 
(i) Subject to clause (ii), the Secretary 
shall distribute funds among eligible enti-
ties in accordance with a formula to be es-
tablished by the Secretary that provides a 
minimum level of funding to each eligible 
entity that seeks a grant under this section 
and allocates additional funding as follows: 
(I) The formula shall give first 
priority based on the number and pro-
portion of contact tracing and related 
positions that the State plans to re-
cruit, place, and train individuals as a 
part of the State strategy described in 
subsection (c)(2)(A). 
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(II) Subject to subclause (I), the 
formula shall give priority in accord-
ance with section 223(c). 
(ii) Not more than 2 percent of the 
funding for administration of the grants 
and for providing technical assistance to 
recipients of funds under this section. 
(B) EQUITABLE DISTRIBUTION.—If the ge-
ographic region served by one or more eligible 
entities overlaps, the Secretary shall distribute 
funds among such entities in such a manner 
that ensures equitable distribution with respect 
to the factors under subsection (c)(5). 
(2) ELIGIBLE ENTITY USE OF FUNDS.—An eli-
gible entity described in subparagraphs (A) through 
(C) of subsection (a)(4)— 
(A) shall, not later than 30 days after the 
date on which the entity receives grant funds 
under this section, provide not less than 70 per-
cent of grant funds to local boards for the pur-
pose of carrying out activities in subsection (f); 
(B) may use up to 20 percent of such 
funds to make subgrants to community-based 
organizations in the service area to conduct out-
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111 
reach, to potential eligible individuals, as de-
scribed in subsection (d); 
(C) in providing funds to local boards and 
awarding subgrants under this subsection shall 
ensure the equitable distribution with respect to 
the factors described in subsection (c)(5); and 
(D) may use not more than 10 percent of 
the funds awarded under this section for the 
administrative costs of carrying out the grant 
and for providing technical assistance to local 
boards and community-based organizations. 
(3) LOCAL
BOARD
USE
OF
FUNDS.—A local 
board, or an eligible entity that is a local board, 
shall use— 
(A) not less than 60 percent of the funds 
for recruitment and training for COVID–19 
testing, contact tracing, surveillance, contain-
ment, and mitigation established under section 
222; 
(B) not less than 30 percent of the funds 
to support the transition of individuals hired as 
contact tracers and related positions into an 
education or training program, or unsubsidized 
employment upon completion of such positions; 
and 
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112 
(C) not more than 10 percent of the funds 
for administrative costs. 
(f) ELIGIBLE ACTIVITIES.—The State or local boards 
shall use funds awarded under this section to support the 
recruitment and placement of eligible individuals, training 
and employment transition as related to contact tracing 
and related positions, and for the following activities: 
(1) Establishing or expanding partnerships 
with— 
(A) State, local, Tribal, and territorial 
public health departments; 
(B) community-based health providers, in-
cluding community health centers and rural 
health clinics; 
(C) labor organizations or joint labor man-
agement organizations; 
(D) two-year and four-year institutions of 
higher education (as defined in section 101 of 
the Higher Education Act of 1965 (20 U.S.C. 
1001)), including institutions eligible to receive 
funds under section 371(a) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1067q(a)); and 
(E) community action agencies or other 
community-based organizations serving local 
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113 
areas in which there is a demand for contact 
tracing and related positions. 
(2) Providing training for contact tracing and 
related positions in coordination with State, local, 
Tribal, or territorial health departments that is con-
sistent with the State or territorial testing and con-
tact tracing strategy, and ensuring that eligible indi-
viduals receive compensation while participating in 
such training. 
(3) Providing eligible individuals with— 
(A) adequate and safe equipment, environ-
ments, and facilities for training and super-
vision, as applicable; 
(B) information regarding the wages and 
benefits related to contact tracing and related 
positions, as compared to State, local, and na-
tional averages; 
(C) supplies and equipment needed by the 
eligible individuals to support placement of an 
individual in contact tracing and related posi-
tions, as applicable; 
(D) an individualized employment plan for 
each eligible individual, as applicable— 
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(i) in coordination with the entity em-
ploying the eligible individual in a contact 
tracing and related positions; and 
(ii) which shall include providing a 
case manager to work with each eligible in-
dividual to develop the plan, which may in-
clude— 
(I) identifying employment and 
career goals, and setting appropriate 
achievement objectives to attain such 
goals; and 
(II) exploring career pathways 
that lead to in-demand industries and 
sectors, including in public health and 
related occupations; and 
(E) services for the period during which 
the eligible individual is employed in a contact 
tracing and related position to ensure job reten-
tion, which may include— 
(i) supportive services throughout the 
term of employment; 
(ii) a continuation of skills training as 
related to employment in contact tracing 
and related positions, that is conducted in 
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collaboration with the employers of such 
individuals; 
(iii) mentorship services and job re-
tention support for eligible individuals; or 
(iv) targeted training for managers 
and workers working with eligible individ-
uals (such as mentors), and human re-
source representatives. 
(4) Supporting the transition and placement in 
unsubsidized employment for eligible individuals 
serving in contact tracing and related positions after 
such positions are no longer necessary in the State 
or local area, including— 
(A) any additional training and employ-
ment activities as described in section 170(d)(4) 
of the Workforce Innovation and Opportunity 
Act (29 U.S.C. 3225(d)(4)); 
(B) developing the appropriate combina-
tion of services to enable the eligible individual 
to achieve the employment and career goals 
identified under paragraph (3)(D)(ii)(I); and 
(C) services to assist eligible individuals in 
maintaining employment for not less than 12 
months after the completion of employment in 
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contact tracing and related positions, as appro-
priate. 
(5) Any other activities as described in sub-
sections (a)(3) and (b) of section 134 of the Work-
force Innovation and Opportunity Act (29 U.S.C. 
3174). 
(g) 
LIMITATION.—Notwithstanding 
section 
170(d)(3)(A) of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3225(d)(3)(A)), a person may be 
employed in a contact tracing and related positions using 
funds under this section for a period not greater than 2 
years. 
(h) REPORTING BY THE DEPARTMENT OF LABOR.— 
(1) IN GENERAL.—Not later than 120 days of 
the enactment of this Act, and once grant funds 
have been expended under this section, the Secretary 
shall report to the Committee on Education and 
Labor of the House of Representatives and the Com-
mittee on Health, Education, Labor, and Pensions 
of the Senate, and make publicly available a report 
containing a description of— 
(A) the number of eligible individuals re-
cruited, hired, and trained in contact tracing 
and related positions; 
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(B) the number of individuals successfully 
transitioned to unsubsidized employment or 
training at the completion of employment in 
contact tracing and related positions using 
funds under this subtitle; 
(C) the number of such individuals who 
were unemployed prior to being hired, trained, 
or deployed as described in paragraph (1); 
(D) the performance of each program sup-
ported by funds under this subtitle with respect 
to the indicators of performance under section 
116 of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3141), as applicable; 
(E) the number of individuals in unsub-
sidized employment within six months and 1 
year, respectively, of the conclusion of employ-
ment in contact tracing and related positions 
and, of those, the number of individuals within 
a State, territorial, or local public health de-
partment in an occupation related to public 
health; 
(F) any information on how eligible enti-
ties, local boards, or community-based organiza-
tions that received funding under this sub-
section were able to support the goals of the na-
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118 
tional system for COVID–19 testing, contact 
tracing, surveillance, containment, and mitiga-
tion established under section 222 of this Act; 
and 
(G) best practices for improving and in-
creasing the transition of individuals employed 
in contract tracing and related positions to un-
subsidized employment. 
(2) DISAGGREGATION.—All data reported under 
paragraph (1) shall be disaggregated by race, eth-
nicity, sex, age, and, with respect to individuals with 
barriers to employment, subpopulation of such indi-
viduals, except for when the number of participants 
in a category is insufficient to yield statistically reli-
able information or when the results would reveal 
personally identifiable information about an indi-
vidual participant. 
(i) SPECIAL RULE.—Any funds used for programs 
under this section that are used to fund an apprenticeship 
or apprenticeship program shall only be used for, or pro-
vided to, an apprenticeship or apprenticeship program 
that meets the definition of such term subsection (a) of 
this section, including any funds awarded for the purposes 
of grants, contracts, or cooperative agreements, or the de-
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119 
velopment, implementation, or administration, of an ap-
prenticeship or an apprenticeship program. 
(j) INFORMATION
SHARING
REQUIREMENT
FOR 
HHS.—The Secretary of Health and Human Services, 
acting through the Director of the Centers for Disease 
Control and Prevention, shall provide the Secretary of 
Labor, acting through the Assistant Secretary of the Em-
ployment and Training Administration, with information 
on grants under section 223, including— 
(1) the formula used to award such grants to 
State, local, Tribal, and territorial health depart-
ments; 
(2) the dollar amounts of and scope of the work 
funded under such grants; 
(3) the geographic areas served by eligible enti-
ties that receive such grants; and 
(4) the number of contact tracers and related 
positions to be hired using such grants. 
(k) AUTHORIZATION OF APPROPRIATIONS.—Of the 
amounts appropriated to carry out this subtitle, 
$500,000,000 shall be used by the Secretary of Labor to 
carry out subsections (a) through (h) of this section. 
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TITLE III—FREE TREATMENT 
FOR ALL AMERICANS 
SEC. 301. COVERAGE AT NO COST SHARING OF COVID–19 
VACCINE AND TREATMENT. 
(a) MEDICAID.— 
(1) IN GENERAL.—Section 1905(a)(4) of the 
Social Security Act (42 U.S.C. 1396d(a)(4)) is 
amended— 
(A) by striking ‘‘and (D)’’ and inserting 
‘‘(D)’’; and 
(B) by striking the semicolon at the end 
and inserting ‘‘; (E) during the portion of the 
emergency period described in paragraph (1)(B) 
of section 1135(g) beginning on the date of the 
enactment of The Heroes Act, a COVID–19 
vaccine licensed under section 351 of the Public 
Health Service Act, or approved or authorized 
under sections 505 or 564 of the Federal Food, 
Drug, and Cosmetic Act, and administration of 
the vaccine; and (F) during such portion of the 
emergency period described in paragraph (1)(B) 
of section 1135(g), items or services for the 
prevention or treatment of COVID–19, includ-
ing drugs approved or authorized under such 
section 505 or such section 564 or, without re-
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gard 
to 
the 
requirements 
of 
section 
1902(a)(10)(B) (relating to comparability), in 
the case of an individual who is diagnosed with 
or presumed to have COVID–19, during such 
portion of such emergency period during which 
such individual is infected (or presumed in-
fected) with COVID–19, the treatment of a 
condition that may complicate the treatment of 
COVID–19;’’. 
(2) PROHIBITION OF COST SHARING.— 
(A) IN GENERAL.—Subsections (a)(2) and 
(b)(2) of section 1916 of the Social Security 
Act (42 U.S.C. 1396o) are each amended— 
(i) in subparagraph (F), by striking 
‘‘or’’ at the end; 
(ii) in subparagraph (G), by striking 
‘‘; and’’ and inserting ‘‘;’’; and 
(iii) by adding at the end the fol-
lowing subparagraphs: 
‘‘(H) during the portion of the emergency 
period described in paragraph (1)(B) of section 
1135(g) beginning on the date of the enactment 
of this subparagraph, a COVID–19 vaccine li-
censed under section 351 of the Public Health 
Service Act, or approved or authorized under 
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122 
section 505 or 564 of the Federal Food, Drug, 
and Cosmetic Act, and the administration of 
such vaccine; or 
‘‘(I) during such portion of the emergency 
period described in paragraph (1)(B) of section 
1135(g), any item or service furnished for the 
treatment of COVID–19, including drugs ap-
proved or authorized under such section 505 or 
such section 564 or, in the case of an individual 
who is diagnosed with or presumed to have 
COVID–19, during the portion of such emer-
gency period during which such individual is in-
fected (or presumed infected) with COVID–19, 
the treatment of a condition that may com-
plicate the treatment of COVID–19; and’’. 
(B) APPLICATION TO ALTERNATIVE COST 
SHARING.—Section 1916A(b)(3)(B) of the So-
cial Security Act (42 U.S.C. 1396o–1(b)(3)(B)) 
is amended— 
(i) in clause (xi), by striking ‘‘any 
visit’’ and inserting ‘‘any service’’; and 
(ii) by adding at the end the following 
clauses: 
‘‘(xii) During the portion of the emer-
gency period described in paragraph (1)(B) 
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of section 1135(g) beginning on the date of 
the enactment of this clause, a COVID–19 
vaccine licensed under section 351 of the 
Public Health Service Act, or approved or 
authorized under section 505 or 564 of the 
Federal Food, Drug, and Cosmetic Act, 
and the administration of such vaccine. 
‘‘(xiii) During such portion of the 
emergency period described in paragraph 
(1)(B) of section 1135(g), an item or serv-
ice furnished for the treatment of COVID– 
19, including drugs approved or authorized 
under such section 505 or such section 564 
or, in the case of an individual who is diag-
nosed with or presumed to have COVID– 
19, during such portion of such emergency 
period during which such individual is in-
fected 
(or 
presumed 
infected) 
with 
COVID–19, the treatment of a condition 
that may complicate the treatment of 
COVID–19.’’. 
(C) 
CLARIFICATION.—The 
amendments 
made by this subsection shall apply with respect 
to a State plan of a territory in the same man-
ner as a State plan of one of the 50 States. 
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(b) STATE PEDIATRIC VACCINE DISTRIBUTION PRO-
GRAM.—Section 1928 of the Social Security Act (42 
U.S.C. 1396s) is amended— 
(1) in subsection (a)(1)— 
(A) in subparagraph (A), by striking ‘‘; 
and’’ and inserting a semicolon; 
(B) in subparagraph (B), by striking the 
period and inserting ‘‘; and’’; and 
(C) by adding at the end the following sub-
paragraph: 
‘‘(C) during the portion of the emergency 
period described in paragraph (1)(B) of section 
1135(g) beginning on the date of the enactment 
of this subparagraph, each vaccine-eligible child 
(as defined in subsection (b)) is entitled to re-
ceive a COVID–19 vaccine from a program-reg-
istered provider (as defined in subsection 
(h)(7)) without charge for— 
‘‘(i) the cost of such vaccine; or 
‘‘(ii) the administration of such vac-
cine.’’; 
(2) in subsection (c)(2)— 
(A) in subparagraph (C)(ii), by inserting ‘‘, 
but, during the portion of the emergency period 
described in paragraph (1)(B) of section 
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1135(g) beginning on the date of the enactment 
of The Heroes Act, may not impose a fee for 
the administration of a COVID–19 vaccine’’ be-
fore the period; and 
(B) by adding at the end the following sub-
paragraph: 
‘‘(D) The provider will provide and admin-
ister an approved COVID–19 vaccine to a vac-
cine-eligible child in accordance with the same 
requirements as apply under the preceding sub-
paragraphs to the provision and administration 
of a qualified pediatric vaccine to such a 
child.’’; and 
(3) in subsection (d)(1), in the first sentence, 
by inserting ‘‘, including, during the portion of the 
emergency period described in paragraph (1)(B) of 
section 1135(g) beginning on the date of the enact-
ment of The Heroes Act, with respect to a COVID– 
19 vaccine licensed under section 351 of the Public 
Health Service Act, or approved or authorized under 
section 505 or 564 of the Federal Food, Drug, and 
Cosmetic Act’’ before the period. 
(c) CHIP.— 
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(1) IN GENERAL.—Section 2103(c) of the So-
cial Security Act (42 U.S.C. 1397cc(c)) is amended 
by adding at the end the following paragraph: 
‘‘(11) COVERAGE OF COVID–19 VACCINES AND 
TREATMENT.—Regardless of the type of coverage 
elected by a State under subsection (a), child health 
assistance provided under such coverage for targeted 
low-income children and, in the case that the State 
elects to provide pregnancy-related assistance under 
such coverage pursuant to section 2112, such preg-
nancy-related assistance for targeted low-income 
pregnant women (as defined in section 2112(d)) 
shall include coverage, during the portion of the 
emergency period described in paragraph (1)(B) of 
section 1135(g) beginning on the date of the enact-
ment of this paragraph, of— 
‘‘(A) a COVID–19 vaccine licensed under 
section 351 of the Public Health Service Act, or 
approved or authorized under section 505 or 
564 of the Federal Food, Drug, and Cosmetic 
Act, and the administration of such vaccine; 
and 
‘‘(B) any item or service furnished for the 
treatment of COVID–19, including drugs ap-
proved or authorized under such section 505 or 
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such section 564, or, in the case of an indi-
vidual who is diagnosed with or presumed to 
have COVID–19, during the portion of such 
emergency period during which such individual 
is infected (or presumed infected) with COVID– 
19, the treatment of a condition that may com-
plicate the treatment of COVID–19.’’. 
(2) PROHIBITION OF COST SHARING.—Section 
2103(e)(2) of the Social Security Act (42 U.S.C. 
1397cc(e)(2)), as amended by section 6004(b)(3) of 
the Families First Coronavirus Response Act, is 
amended— 
(A) in the paragraph header, by inserting 
‘‘A COVID–19 VACCINE, COVID–19 TREATMENT,’’ 
before ‘‘OR PREGNANCY-RELATED ASSISTANCE’’; 
and 
(B) by striking ‘‘visits described in section 
1916(a)(2)(G), or’’ and inserting ‘‘services de-
scribed in section 1916(a)(2)(G), vaccines de-
scribed in section 1916(a)(2)(H) administered 
during the portion of the emergency period de-
scribed in paragraph (1)(B) of section 1135(g) 
beginning on the date of the enactment of The 
Heroes Act, items or services described in sec-
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128 
tion 1916(a)(2)(I) furnished during such emer-
gency period, or’’. 
(d) CONFORMING AMENDMENTS.—Section 1937 of 
the Social Security Act (42 U.S.C. 1396u–7) is amend-
ed— 
(1) in subsection (a)(1)(B), by inserting ‘‘, 
under 
subclause 
(XXIII) 
of 
section 
1902(a)(10)(A)(ii),’’ 
after 
‘‘section 
1902(a)(10)(A)(i)’’; and 
(2) in subsection (b)(5), by adding before the 
period the following: ‘‘, and, effective on the date of 
the enactment of The Heroes Act, must comply with 
subparagraphs (F) through (I) of subsections (a)(2) 
and (b)(2) of section 1916 and subsection (b)(3)(B) 
of section 1916A’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of enactment of 
this Act and shall apply with respect to a COVID–19 vac-
cine beginning on the date that such vaccine is licensed 
under section 351 of the Public Health Service Act (42 
U.S.C. 262), or approved or authorized under section 505 
or 564 of the Federal Food, Drug, and Cosmetic Act. 
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129 
SEC. 302. OPTIONAL COVERAGE AT NO COST SHARING OF 
COVID–19 TREATMENT AND VACCINES UNDER 
MEDICAID FOR UNINSURED INDIVIDUALS. 
(a) IN GENERAL.—Section 1902(a)(10) of the Social 
Security Act (42 U.S.C. 1396a(a)(10)) is amended, in the 
matter following subparagraph (G), by striking ‘‘and any 
visit described in section 1916(a)(2)(G)’’ and inserting the 
following: ‘‘, any COVID–19 vaccine that is administered 
during any such portion (and the administration of such 
vaccine), any item or service that is furnished during any 
such portion for the treatment of COVID–19, including 
drugs approved or authorized under section 505 or 564 
of the Federal Food, Drug, and Cosmetic Act, or, in the 
case of an individual who is diagnosed with or presumed 
to have COVID–19, during the period such individual is 
infected (or presumed infected) with COVID–19, the 
treatment of a condition that may complicate the treat-
ment of COVID–19, and any services described in section 
1916(a)(2)(G)’’. 
(b) DEFINITION OF UNINSURED INDIVIDUAL.— 
(1) IN
GENERAL.—Subsection (ss) of section 
1902 of the Social Security Act (42 U.S.C. 1396a) 
is amended to read as follows: 
‘‘(ss) UNINSURED INDIVIDUAL DEFINED.—For pur-
poses of this section, the term ‘uninsured individual’ 
means, notwithstanding any other provision of this title, 
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130 
any individual who is not covered by minimum essential 
coverage (as defined in section 5000A(f)(1) of the Internal 
Revenue Code of 1986).’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect and apply as if in-
cluded in the enactment of the Families First 
Coronavirus Response Act (Public Law 116–127). 
(c) CLARIFICATION REGARDING EMERGENCY SERV-
ICES FOR CERTAIN INDIVIDUALS.—Section 1903(v)(2) of 
the Social Security Act (42 U.S.C. 1396b(v)(2)) is amend-
ed by adding at the end the following flush sentence: 
‘‘For purposes of subparagraph (A), care and serv-
ices described in such subparagraph include any in 
vitro 
diagnostic 
product 
described 
in 
section 
1905(a)(3)(B) (and the administration of such prod-
uct), any COVID–19 vaccine (and the administra-
tion of such vaccine), any item or service that is fur-
nished for the treatment of COVID–19, including 
drugs approved or authorized under section 505 or 
564 of the Federal Food, Drug, and Cosmetic Act, 
or a condition that may complicate the treatment of 
COVID–19, and any services described in section 
1916(a)(2)(G).’’. 
(d) INCLUSION
OF COVID–19 CONCERN
AS
AN 
EMERGENCY CONDITION.—Section 1903(v)(3) of the So-
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131 
cial Security Act (42 U.S.C. 1396b(v)(3)) is amended by 
adding at the end the following flush sentence: 
‘‘Such term includes any indication that an alien de-
scribed in paragraph (1) may have contracted 
COVID–19.’’. 
SEC. 303. COVERAGE OF TREATMENTS 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 by adding at the end the following new clause: 
‘‘(vii) SPECIAL COVERAGE RULES FOR 
SPECIFIED
COVID–19
TREATMENT
SERV-
ICES.—Notwithstanding clause (i), in the 
case of a specified COVID–19 treatment 
service (as defined in section 30201(b) of 
The Heroes Act) that is furnished during 
a plan year occurring during any portion 
of the emergency period defined in section 
1135(g)(1)(B) beginning on or after the 
date of the enactment of this clause, a 
Medicare Advantage plan may not, with re-
spect to such service, impose— 
‘‘(I) any cost-sharing require-
ment (including a deductible, copay-
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ment, or coinsurance requirement); 
and 
‘‘(II) in the case such service is a 
critical specified COVID–19 treat-
ment 
service 
(including 
ventilator 
services and intensive care unit serv-
ices), any prior authorization or other 
utilization management requirement. 
A Medicare Advantage plan may not take 
the application of this clause into account 
for purposes of a bid amount submitted by 
such plan under section 1854(a)(6).’’. 
(b) IMPLEMENTATION.—Notwithstanding any other 
provision of law, the Secretary of Health and Human 
Services may implement the amendments made by this 
section by program instruction or otherwise. 
SEC. 304. REQUIRING COVERAGE UNDER MEDICARE PDPS 
AND MA–PD PLANS, WITHOUT THE IMPOSI-
TION OF COST SHARING OR UTILIZATION 
MANAGEMENT REQUIREMENTS, OF DRUGS 
INTENDED TO TREAT COVID–19 DURING CER-
TAIN EMERGENCIES. 
(a) COVERAGE
REQUIREMENT.—Section 1860D– 
4(b)(3) of the Social Security Act (42 U.S.C. 1395w– 
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(17) The Secretary of Labor. 
(18) The Secretary of Defense. 
(19) The Secretary of Transportation. 
(20) The Secretary of the Treasury. 
(21) The Administrator of the Small Business 
Administration. 
(22) The Administrator of the Environmental 
Protection Agency. 
(23) Five health care professionals with exper-
tise in addressing racial and ethnic disparities, with 
at least one representative from a rural area, to be 
appointed by the Secretary. 
(24) Five policy experts specializing in address-
ing racial and ethnic disparities in education or ra-
cial and ethnic economic inequality to be appointed 
by the Secretary. 
(25) Six representatives from community-based 
organizations specializing in providing culturally 
competent care or services and addressing racial and 
ethnic disparities, to be appointed by the Secretary, 
with at least one representative from an urban In-
dian organization and one representative from a na-
tional organization that represents Tribal govern-
ments with expertise in Tribal public health. 
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