Title: Stop COVID–19 Test Surprise Medical Bills Act of 2020
Policy area: Health

Summary:
Stop COVID-19 Test Surprise Medical Bills Act of 2020
This bill modifies provisions requiring health insurance plans to cover COVID-19 (i.e., coronavirus disease 2019) diagnostic testing services at no cost, without prior authorization, and without medical management requirements. The bill specifies that a plan may not make determinations about the circumstances surrounding individuals' tests, such as why they sought testing or whether they showed symptoms of COVID-19. The bill also specifies that plans may encourage individuals to obtain tests from lower priced providers as long as such efforts do not delay, or impede access to, testing.  The bill also requires the Department of Health and Human Services (HHS) to survey and report on the cash prices of testing services and the compliance of providers with the requirement to publish such prices.
Additionally, HHS, jointly with the Department of the Treasury and the Department of Labor, must issue guidance clarifying the process for submitting claims for testing services.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4745 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4745

  To prevent surprise medical bills with respect to COVID-19 testing.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 29, 2020

  Ms. Smith (for herself, Mrs. Murray, Mrs. Shaheen, Ms. Hirono, Ms. 
  Hassan, and Ms. Klobuchar) introduced the following bill; which was 
 read twice and referred to the Committee on Health, Education, Labor, 
                              and Pensions

_______________________________________________________________________

                                 A BILL


 
  To prevent surprise medical bills with respect to COVID-19 testing.

    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 ``Stop COVID-19 Test Surprise Medical 
Bills Act of 2020''.

SEC. 2. MEDICAL MANAGEMENT.

    Section 6001 of the Families First Coronavirus Response Act (Public 
Law 116-127) is amended by adding at the end the following:
    ``(e) Medical Management.--For purposes of this section, the term 
`medical management' includes determinations about why an individual 
sought testing, the nature of the clinical assessment that was 
associated with the testing, whether the individual was showing 
symptoms, what provider ordered the testing, the frequency of testing 
obtained by the individual, and other reviews of the encounters or 
events that proceeded or followed a service described in subsection 
(a). Such term does not include reasonable efforts by a group health 
plan or health insurance issuer to encourage individuals to obtain 
tests from lower priced providers (provided that such reasonable 
efforts do not delay or otherwise impede access to testing).''.

SEC. 3. IMPROVEMENTS TO TRANSPARENCY POLICY.

    (a) In General.--Section 3202 of the CARES Act (Public Law 116-136) 
is amended by adding at the end the following:
    ``(c) Improvements to Transparency Policy.--Not later than 30 days 
after the date of enactment of this subsection, the Secretary of Health 
and Human Services shall survey a sample of providers of the items and 
services described in section 6001(a) of division F of the Families 
First Coronavirus Response Act (Public Law 116-127) regarding the cash 
prices for such items and services as listed by the providers on a 
public internet website. The Secretary shall survey no fewer than 200 
providers representing a diversity of sizes, geographic locations, test 
types, and care settings (such as hospitals, laboratories, and free-
standing emergency rooms).
    ``(d) Public Report.--Not later than 45 days after the date of 
enactment of this subsection, the Secretary of Health and Human 
Services shall publish a report on cash prices for items and services 
published under subsection (b)(1), which shall include--
            ``(1) the compliance rate of providers with the cash price 
        publication requirement under subsection (b)(1);
            ``(2) the average cash price for each item and service 
        described in section 6001(a) of division F of the Families 
        First Coronavirus Response Act (Public Law 116-127) and 
        published under subsection (b)(1);
            ``(3) with respect to each such item and service, a 
        comparison of such average cash price to the reimbursement rate 
        under the Medicare program under title XVIII of the Social 
        Security Act (42 U.S.C. 1395 et seq.); and
            ``(4) any outlier cash prices published under subsection 
        (b)(1) (including the names of the providers charging such 
        prices) that substantially exceed the average cash price.''.

SEC. 4. GUIDANCE ON BILLING FOR PROVIDER VISITS ASSOCIATED WITH COVID-
              19 TESTING.

    The Secretary of Health and Human Services, the Secretary of Labor, 
and the Secretary of the Treasury, shall jointly issue guidance, not 
later than 30 days after the date of enactment of this Act for purposes 
of clarifying--
            (1) the process for submitting claims for items and 
        services described in section 6001(a) of the Families First 
        Coronavirus Response Act (Public Law 116-127) to ensure that 
        individuals enrolled in individual or group health insurance 
        coverage or group health plans to whom such items and services 
        are furnished are not subject to cost-sharing or prior 
        authorization or other medical management requirements; and
            (2) that providers should not collect cost-sharing amounts 
        from individuals seeking items and services described in 
        section 6001(a) of such Act.
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