Protecting Seniors Access to Health Care Act
Bill: S.918 | Sponsor: Sen. Barrasso, John (R-WY)
Policy area: Health

Summary:
Protecting Seniors Access to Health Care Act
This bill modifies funding and eligibility for various benefits and programs, including several established under COVID-19 relief laws.
With respect to funding, the bill
The bill also applies certain modified payment limits to certain rural health clinics that enrolled in, or applied to enroll in, Medicare in calendar year 2020.
Furthermore, the bill prohibits individuals who were unlawfully present in the United States on March, 11, 2021, from receiving

To offer financial support to health care providers, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Seniors Access to Health 
Care Act''.

SEC. 2. PROVIDER RELIEF FUND.

    (a) Supplemental Appropriation.--There is appropriated, out of any 
amounts in the Treasury not otherwise appropriated, for an additional 
amount for ``Public Health and Social Services Emergency Fund'', 
$12,300,000,000, to remain available until expended, to prevent, 
prepare for, and respond to coronavirus, domestically or 
internationally, which shall be for necessary expenses to reimburse, 
through grants or other mechanisms, eligible health care providers for 
health care related expenses or lost revenues that are attributable to 
coronavirus.
    (b) Conditions.--The following conditions shall apply with respect 
to funds appropriated by subsection (a):
            (1) Such funds may not be used to reimburse expenses or 
        losses that have been reimbursed from other sources or that 
        other sources are obligated to reimburse.
            (2) Recipients of payments under this section shall submit 
        reports and maintain documentation as the Secretary of Health 
        and Human Services (referred to in this section as the 
        ``Secretary'') determines are needed to ensure compliance with 
        conditions that are imposed by this subsection for such 
        payments, and such reports and documentation shall be in such 
        form, with such content, and in such time as the Secretary may 
        prescribe for such purpose.
            (3) The Secretary shall, on a rolling basis, review 
        applications and make payments under this section.
            (4) Funds appropriated under this section shall be 
        available for building or construction of temporary structures, 
        leasing of properties, medical supplies and equipment including 
        personal protective equipment and testing supplies, increased 
        workforce and trainings, emergency operation centers, 
        retrofitting facilities, and surge capacity.
            (5) Payments under this section shall be made in 
        consideration of the most efficient payment systems practicable 
        to provide emergency payment.
            (6) To be eligible for a payment under this section, an 
        eligible health care provider shall submit to the Secretary an 
        application that includes a statement justifying the need of 
        the provider for the payment and the eligible health care 
        provider shall have a valid tax identification number.
            (7) For any reimbursement by the Secretary from the 
        Provider Relief Fund to an eligible health care provider that 
        is a subsidiary of a parent organization, the parent 
        organization may, allocate (through transfers or otherwise) all 
        or any portion of such reimbursement among the subsidiary 
        eligible health care providers of the parent organization, 
        including reimbursements referred to by the Secretary as 
        ``Targeted Distribution'' payments, among subsidiary eligible 
        health care providers of the parent organization, except that 
        responsibility for reporting the reallocated reimbursement 
        shall remain with the original recipient of such reimbursement.
            (8) For any reimbursement from the Provider Relief Fund to 
        an eligible health care provider for health care related 
        expenses or lost revenues that are attributable to coronavirus 
        (including reimbursements made before the date of the enactment 
        of this Act), such provider may calculate such lost revenues 
        using the Frequently Asked Questions guidance released by the 
        Department of Health and Human Services in June 2020, including 
        the difference between such provider's budgeted and actual 
        revenue budget if such budget had been established and approved 
        prior to March 27, 2020.
            (9) Not later than 3 years after final payments are made 
        under this section, the Office of Inspector General of the 
        Department of Health and Human Services shall transmit a final 
        report on audit findings with respect to this program to the 
        Committee on Appropriations of the Senate and the Committee on 
        Appropriations of the House of Representatives.
            (10) Nothing in this section limits the authority of the 
        Inspector General or the Comptroller General of the United 
        States to conduct audits of interim payments at an earlier 
        date.
            (11) Not later than 60 days after the date of enactment of 
        this Act, the Secretary shall provide a report to the Committee 
        on Appropriations of the Senate and the Committee on 
        Appropriations of the House of Representatives on the 
        obligation of funds, including obligations to such eligible 
        health care providers, summarized by State of the payment 
        receipt. Such report shall be updated and submitted to such 
        Committees every 60 days until funds are expended.
    (c) Application of Requirements, Rules, and Procedures.--The 
Secretary shall apply any requirements, rules, or procedures as the 
Secretary determines appropriate for the efficient execution of this 
section.
    (d) Application of Provisions.--Amounts appropriated pursuant to 
this section and pursuant to title II of Public Law 117-2 shall be 
subject to the requirements contained in Public Law 116-260 for funds 
for programs authorized under sections 330 through 340 of the Public 
Health Service Act (42 U.S.C. 254b through 256).
    (e) Definitions.--For purposes of this section:
            (1) The term ``eligible health care providers'' means 
        public entities, Medicare or Medicaid enrolled suppliers and 
        providers, and such for-profit entities and not-for-profit 
        entities not otherwise described in this paragraph as the 
        Secretary may specify, within the United States (including 
        territories), that provide diagnoses, testing, or care for 
        individuals with possible or actual cases of COVID-19.
            (2) The term ``payment'' means a pre-payment, prospective 
        payment, or retrospective payment, as the Secretary determines 
        appropriate.

SEC. 3. RURAL HEALTH CLINIC PAYMENTS.

    (a) In General.--Section 1833(f)(3) of the Social Security Act (42 
U.S.C. 1395l(f)(3)) is amended--
            (1) in subparagraph (A)--
                    (A) in clause (i), by striking subclauses (I) and 
                (II) and inserting the following:
                                    ``(I) with respect to a rural 
                                health clinic that had a per visit 
                                payment amount established for services 
                                furnished in 2020--
                                            ``(aa) the per visit 
                                        payment amount applicable to 
                                        such rural health clinic for 
                                        rural health clinic services 
                                        furnished in 2020, increased by 
                                        the percentage increase in the 
                                        MEI applicable to primary care 
                                        services furnished as of the 
                                        first day of 2021; or
                                            ``(bb) the limit described 
                                        in paragraph (2)(A); and
                                    ``(II) with respect to a rural 
                                health clinic that did not have a per 
                                visit payment amount established for 
                                services furnished in 2020--
                                            ``(aa) the per visit 
                                        payment amount applicable to 
                                        such rural health clinic for 
                                        rural health clinic services 
                                        furnished in 2021; or
                                            ``(bb) the limit described 
                                        in paragraph (2)(A); and''; and
                    (B) in clause (ii)(I), by striking ``under clause 
                (i)(I)'' and inserting ``under subclause (I) or (II) of 
                clause (i), as applicable,''; and
            (2) by striking subparagraph (B) and inserting the 
        following:
    ``(B) A rural health clinic described in this subparagraph is a 
rural health clinic that--
            ``(i) as of December 31, 2020, is in a hospital with less 
        than 50 beds and after such date such hospital continues to 
        have less than 50 beds (not taking into account any increase in 
        the number of beds pursuant to a waiver under subsection 
        (b)(1)(A) of section 1135 during the emergency period described 
        in subsection (g)(1)(B) of such section); and
            ``(ii)(I) as of December 31, 2020, was enrolled under 
        section 1866(j) (including temporary enrollment during such 
        emergency period for such emergency period); or
            ``(II) submitted an application to enroll under section 
        1866(j) (or a request for such a temporary enrollment for such 
        emergency period) that was received not later than December 31, 
        2020.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect as if included in the enactment of the Consolidated 
Appropriations Act, 2021 (Public Law 116-260).

SEC. 4. RESCISSION OF APPROPRIATIONS FOR THE CORONAVIRUS STATE FISCAL 
              RECOVERY FUND.

    (a) Rescission.--Of the unobligated balances of amounts 
appropriated under section 602(a)(1) of the Social Security Act (as 
added by section 9901 of the American Rescue Plan Act of 2021 (Public 
Law 117-2)) on the date of enactment of this Act, $12,300,000,000 is 
rescinded.
    (b) Conforming Amendments.--Section 602 of the Social Security Act 
(as added by section 9901 of the American Rescue Plan Act of 2021 
(Public Law 117-2)) is amended--
            (1) in subsection (a)(1), by striking ``$219,800,000,000'' 
        and inserting ``$207,500,000,000''; and
            (2) in subsection (b)(3)(A), by striking 
        ``$195,300,000,000'' and inserting ``$183,000,000,000''.

SEC. 5. INDIVIDUALS NOT LAWFULLY PRESENT IN UNITED STATES PRECLUDED 
              FROM 2021 RECOVERY REBATES.

    (a) In General.--Section 6428B(c) of the Internal Revenue Code of 
1986, as added by the American Rescue Plan Act of 2021, is amended by 
striking ``and'' at the end of paragraph (2), by redesignating 
paragraph (3) as paragraph (4), and by inserting after paragraph (2) 
the following new paragraph:
            ``(3) any individual who was not lawfully present in the 
        United States as of the date of the enactment of the American 
        Rescue Plan Act of 2021, and''.
    (b) Effective Date.--The amendments made by this section shall take 
effect as if included in the enactment of section 9601 of the American 
Rescue Plan Act of 2021.

SEC. 6. INCARCERATED INDIVIDUALS PRECLUDED FROM 2021 RECOVERY REBATES.

    (a) In General.--Section 6428B(c) of the Internal Revenue Code of 
1986, as added by the American Rescue Plan Act of 2021 and amended by 
the preceding provisions of this Act, is amended by striking ``and'' at 
the end of paragraph (3), by redesignating paragraph (4) as paragraph 
(5), and by inserting after paragraph (3) the following new paragraph:
            ``(4) any individual who was incarcerated on the date of 
        the enactment of the American Rescue Plan Act of 2021, and''.
    (b) Effective Date.--The amendments made by this section shall take 
effect as if included in the enactment of section 9601 of the American 
Rescue Plan Act of 2021.

SEC. 7. INDIVIDUALS NOT LAWFULLY PRESENT IN UNITED STATES PRECLUDED 
              FROM RECEIVING COBRA CONTINUATION COVERAGE.

    (a) In General.--Section 9501(a)(3) of the American Rescue Plan Act 
of 2021 (Public Law 117-2) is amended--
            (1) in subparagraph (A), by striking at the end ``and'';
            (2) in subparagraph (B), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(C) is lawfully present in the United States as 
                of the date of the enactment of this Act.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect as if included in the enactment of section 9501 of the 
American Rescue Plan Act of 2021.
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