Better Way for Providers To Repay Act of 2021
Bill: H.R.3589 | Sponsor: Rep. Issa, Darrell E. (R-CA)
Policy area: Health

Summary:
Better Way for Providers To Repay Act of 2021
This bill modifies recoupment provisions under the Medicare Accelerated and Advance Payment Program during the public health emergency relating to COVID-19. The program provides Medicare payments in advance to eligible providers experiencing claims or cash flow disruptions, such as during national emergencies; the program was specifically expanded in response to COVID-19 to encompass more types of providers, subject to certain recoupment and repayment provisions.
The bill provides for an additional one year before recoupment of advance payments (through claims offsets) begins, so that recoupment begins two years (rather than one year) after payments are made. The bill also applies repayments that providers have already made toward the collection of offsets for a corresponding amount of time.

To provide for a 1-year delay for the recoupment of certain payments 
   made under the accelerated or advance payment programs under the 
                           Medicare program.

    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 ``Better Way for Providers To Repay 
Act of 2021''.

SEC. 2. PROVIDING FOR A 1-YEAR DELAY FOR THE RECOUPMENT OF CERTAIN 
              PAYMENTS MADE UNDER THE ACCELERATED OR ADVANCE PAYMENT 
              PROGRAMS UNDER THE MEDICARE PROGRAM.

    (a) Part A.--Section 1815(f)(2)(C) of the Social Security Act (42 
U.S.C. 1395g(f)(2)(C)) is amended--
            (1) in clause (i), by striking ``1 year'' and inserting ``2 
        years'';
            (2) in clause (ii)(II), by striking ``and'' at the end;
            (3) in clause (iii), by striking the period and inserting 
        ``; and''; and
            (4) by adding at the end the following new clause:
                            ``(iv) in the case such hospital has 
                        submitted any payment to the Secretary for 
                        payments under such program, suspend any offset 
                        described in clause (i) for a period of time 
                        such that the aggregate amount of any payments 
                        so submitted equals the aggregate amount of 
                        such offsets that would have been made during 
                        such period had this clause not applied.''.
    (b) Part B.--Section 2501(a)(2)(A) of the Continuing Appropriations 
Act, 2021 and Other Extensions Act (Public Law 116-159) is amended--
            (1) in clause (i), by striking ``1 year'' and inserting ``2 
        years'';
            (2) in clause (ii)(II), by striking ``and'' at the end;
            (3) in clause (iii), by striking the period and inserting 
        ``; and''; and
            (4) by adding at the end the following new clause:
                            ``(iv) in the case such provider or 
                        supplier has submitted any payment to the 
                        Secretary for payments under such program, 
                        suspend any offset described in clause (i) for 
                        a period of time such that the aggregate amount 
                        of any payments so submitted equals the 
                        aggregate amount of such offsets that would 
                        have been made during such period had this 
                        clause not applied.''.
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