II 117th CONGRESS 1st Session S. 3344 IN THE SENATE OF THE UNITED STATES December 8, 2021 Mr. Kennedy (for himself, Mr. Graham , Mr. Hagerty , Mr. Cotton , Mr. Scott of South Carolina , Mr. Scott of Florida , Mrs. Blackburn , Mr. Hawley , Mr. Boozman , Mr. Hoeven , Mr. Marshall , and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To protect the American Taxpayer and Medicare.

1. Short title This Act may be cited as the Protecting the American Taxpayer and Medicare Act . 2. Adjustments to Medicare sequestration reductions (a) Extension of temporary suspension through March 2022 (1) In general Section 3709(a) of division A of the CARES Act ( 2 U.S.C. 901a note) is amended— (A) in the subsection header by inserting and adjustment after suspension ; and (B) by striking December 31, 2021 and inserting March 31, 2022 . (2) Effective date The amendments made by paragraph (1) shall take effect as if enacted as part of the CARES Act ( Public Law 116–136 ). (b) Adjustments to Medicare program sequestration reduction with respect to fiscal years 2022 and 2030 Section 251A(6) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901a(6) ) is amended— (1) by redesignating subparagraph (C) as subparagraph (E); and (2) by inserting after subparagraph (B) the following new subparagraphs: (C) Notwithstanding the 2 percent limit specified in subparagraph (A) for payments for the Medicare programs specified in section 256(d), the sequestration order of the President under such subparagraph for fiscal year 2022 shall be applied to such payments so that with respect to the period beginning on April 1, 2022, and ending on June 30, 2022, the payment reduction shall be 1.0 percent. (D) Notwithstanding the 2 percent limit specified in subparagraph (A) for payments for the Medicare programs specified in section 256(d), the sequestration order of the President under such subparagraph for fiscal year 2030 shall be applied to such payments so that— (i) with respect to the first 6 months in which such order is effective for such fiscal year, the payment reduction shall be 2.25 percent; and (ii) with respect to the second 6 months in which such order is so effective for such fiscal year, the payment reduction shall be 3 percent. . 3. Extension of support for physicians and other professionals in adjusting to Medicare payment changes (a) In general Section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 ) is amended— (1) in subsection (c)(2)(B)(iv)(V), by striking 2021 and inserting 2021 or 2022 ; and (2) in subsection (t)— (A) in the subsection header, by striking 2021 and inserting 2021 and 2022 ; (B) in paragraph (1)— (i) by striking during 2021 and inserting during 2021 and 2022 ; and (ii) by striking for such services furnished on or after January 1, 2021, and before January 1, 2022, by 3.75 percent. and inserting for— (A) such services furnished on or after January 1, 2021, and before January 1, 2022, by 3.75 percent; and (B) such services furnished on or after January 1, 2022, and before January 1, 2023, by 3.0 percent. ; and (C) in paragraph (2)(C)— (i) in the subparagraph header, by striking 2021 and inserting 2021 and 2022 ; (ii) by inserting for services furnished in 2021 or 2022 after under this subsection ; and (iii) by inserting or 2022, respectively before the period at the end. (b) Report Section 101(c) of division N of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ) is amended— (1) in the first sentence— (A) by striking April 1, 2022 and inserting each of April 1, 2022, and April 1, 2023 ; and (B) by striking , as added by subsection (a) and inserting furnished during 2021 or 2022, respectively ; and (2) in the second sentence— (A) by striking Such report and inserting Each such report ; and (B) by inserting with respect to 2021 or 2022, as applicable after under such section . 4. Preserving patient access to critical clinical lab services (a) Revised phase-In of reductions from private payor rate implementation Section 1834A(b)(3) of the Social Security Act ( 42 U.S.C. 1395m–1(b)(3) ) is amended— (1) in subparagraph (A), by striking through 2024 and inserting through 2025 ; and (2) in subparagraph (B)— (A) in clause (ii), by striking for 2021 and inserting for each of 2021 and 2022 ; and (B) in clause (iii), by striking 2022 through 2024 and inserting 2023 through 2025 . (b) Revised Reporting Period for Reporting of Private Sector Payment Rates for Establishment of Medicare Payment Rates Section 1834A(a)(1)(B) of the Social Security Act ( 42 U.S.C. 1395m–1(a)(1)(B) ) is amended— (1) in clause (i), by striking December 31, 2021 and inserting December 31, 2022 ; and (2) in clause (ii)— (A) by striking January 1, 2022 and inserting January 1, 2023 ; and (B) by striking March 31, 2022 and inserting March 31, 2023 . 5. Delay to the implementation of the radiation oncology model under the Medicare program Section 133 of Division CC of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ) is amended by striking January 1, 2022 and inserting January 1, 2023 . 6. Medicare Improvement Fund Section 1898(b)(1) of the Social Security Act ( 42 U.S.C. 1395iii(b)(1) ) is amended by striking fiscal year 2021 and all that follows through the period at the end and inserting fiscal year 2021, $101,000,000. . 7. PAYGO annual report For the purposes of the annual report issued pursuant to section 5 of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 934 ) after adjournment of the first session of the 117th Congress, and for determining whether a sequestration order is necessary under such section, the debit for the budget year on the 5-year scorecard, if any, and the 10-year scorecard, if any, shall be deducted from such scorecard in 2022 and added to such scorecard in 2023.