S.Amdt. 2552

SA 2552. Mr. SCOTT of Florida (for himself, Ms. Ernst, and Ms.
McSally) submitted an amendment intended to be proposed to amendment SA
2499 proposed by Mr. McConnell to the bill S. 178, to condemn gross
human rights violations of ethnic Turkic Muslims in Xinjiang, and
calling for an end to arbitrary detention, torture, and harassment of
these communities inside and outside China; which was ordered to lie on
the table; as follows:

At the appropriate place, insert the following:

TITLE __--AFFORDABLE CORONAVIRUS TESTING

SEC. _01. SHORT TITLE.

This title may be cited as the ``Affordable Coronavirus
Testing Act''.

SEC. _02. COVERAGE OF CORONAVIRUS ANTIBODY TESTS.

(a) Coverage.--
(1) In general.--A group health plan and a health insurance
issuer offering group or individual health insurance coverage
(including a grandfathered health plan (as defined in section
1251(e) of the Patient Protection and Affordable Care Act)
shall provide coverage, and shall not impose any cost sharing
(including deductibles, copayments, and coinsurance)
requirements or prior authorization or other medical
management requirements, for eligible COVID-19 serology tests
performed during any portion of the 2020 or 2021 plans years.
(2) Eligible test.--For purpose of paragraph (1), an
eligible COVID-19 serology test shall include the following:
(A) A test that has been approved, cleared, or authorized
under section 510(k), 513, 515, or 564 of the Federal Food,
Drug, and Cosmetic Act for the detection of the presence of
SARS-CoV-2 antibodies.
(B) A serology test kit that is made available within the
10-day grace period prior to an emergency use authorization
submission and with respect to which such emergency use
authorization submission is under consideration, except that
this subparagraph shall not apply in the case of a serology
test kit where the emergency use authorization submission
request under section 564 of the Federal Food, Drug, and
Cosmetic Act has been denied or not submitted within a
reasonable timeframe.
(C) A serology laboratory developed test that the Food and
Drug Administration permits for clinical use without an
emergency use authorization submission.
(D) Any other test the Secretary determines appropriate
through guidance.
(b) Enforcement.--The provisions of this section shall be
applied by the Secretary of Health and Human Services,
Secretary of Labor, and Secretary of the Treasury to group
health plans and health insurance issuers offering group or
individual health insurance coverage as if included in the
provisions of part A of title XXVII of the Public Health
Service Act, part 7 of the Employee Retirement Income
Security Act of 1974, and subchapter B of chapter 100 of the
Internal Revenue Code of 1986, as applicable.
(c) Implementation.--The Secretary of Health and Human
Services, Secretary of Labor, and Secretary of the Treasury
may implement the provisions of this section through sub-
regulatory guidance, program instruction or otherwise.
(d) Rule of Construction.--Nothing in this title, or the
amendments made by this title, shall be construed to limit
the number of COVID-19 serology tests that will be covered
with respect to an individual under this title (or
amendments).
(e) Terms.--In this section:
(1) General terms.--The terms ``group health plan'',
``health insurance issuer'', ``group health insurance
coverage'', and ``individual health insurance coverage''
shall have the meanings given such terms in section 2791 of
the Public Health Service Act (42 U.S.C. 300gg-91), section
733 of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1191b), and section 9832 of the Internal Revenue
Code of 1986, as applicable.
(2) Medical management.--The term ``medical management''
includes requirements relating to clinical criteria for
coverage, frequency limitations, and similar restrictions as
determined by the Secretary of Health and Human Services,
Secretary of Labor, and Secretary of the Treasury.
(f) Conforming Amendment.--Section 6001(d) of the Families
First Coronavirus Response Act (42 U.S.C. 1320b-5 note) is
amended--
(1) by striking ``The terms'' and inserting the following:
``(1) In general.--The terms''; and
(2) by adding at the end the following:
``(2) Medical management.--The term `medical management'
includes requirements relating to clinical criteria for
coverage, frequency limitations, and similar restrictions as
determined by the Secretary of Health and Human Services,
Secretary of Labor, and Secretary of the Treasury.''.

SEC. _03. COVERAGE OF CORONAVIRUS ANTIBODY TESTS AT NO COST
SHARING UNDER MEDICARE.

(a) In General.--Section 1833(cc)(1)(A)(iii) of the Social
Security Act (42 U.S.C. 1395l(cc)(1)(A)(iii) is amended by
inserting the following before the semicolon: ``or a COVID-19
serology test described in section 1852(a)(1)(B)(VII)''.
(b) Coverage Under Medicare Advantage.--Section
1852(a)(1)(B) of the Social Security Act (42 U.S.C. 1395w-
22(a)(1)(B)) is amended--
(1) in clause (iv)--
(A) by redesignating subclause (VII) as subclause (VIII);
and
(B) by inserting after subclause (VI) the following new
clause:

``(VII) A COVID-19 serology test administered during any
portion of the 2-year period beginning on January 1, 2020,
that begins on or after the date of enactment of this
subclause, and the administration of such test.'';

(2) in clause (v), by striking ``and (VI)'' and inserting
``(VI), and (VII)''; and
(3) in clause (vi), by inserting ``, or in the case of a
product or service described in subclause (VII) of such
clause that is administered or furnished during any portion
of the period described in such subclause'' after ``this
clause''.

SEC. _04. COVERAGE OF CORONAVIRUS ANTIBODY TESTS UNDER
MEDICAID AND CHIP.

(a) Medicaid.--
(1) In general.--Section 1905(a)(3) of the Social Security
Act (42 U.S.C. 1396d(a)(3)) is amended--
(A) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (B), by inserting ``and'' after the
semicolon; and
(C) by adding at the end the following new subparagraph:
``(C) COVID-19 serology tests administered during any
portion of the 2-year period beginning on January 1, 2020,
that begins on or after the date of enactment of this
subparagraph, and the administration of such tests;''.
(2) No 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) by redesignating subparagraph (G) as subparagraph (H);
and
(iii) by inserting after subparagraph (F) the following new
subparagraph:
``(G) any COVID-19 serology test described in section
1905(a)(3)(C) that is performed during any portion of the 2-
year period described in such section beginning on or after
the date of enactment of this subparagraph (and the
administration of such test), or''.
(B) Application to alternative cost sharing.--Section
1916A(b)(3)(B) of the Social Security Act (42 U.S.C. 1396o-
1(b)(3)(B)) is amended by adding at the end the following new
clause:
``(xii) Any COVID-19 serology test described in section
1905(a)(3)(C) that is administered during any portion of the
2-year period described in such section beginning on or after
the date of enactment of this clause (and the administration
of such test).''.
(C) Clarification.--The amendments made in this paragraph
shall apply with respect to a State plan of a territory in
the same manner as a State plan of one of the 50 States.
(b) CHIP.--
(1) In general.--Section 2103(c) of the Social Security Act
(42 U.S.C. 1397cc(c)) is amended by adding at the end the
following paragraph:

[[Page S4866]]

``(11) COVID-19 serology testing.--The child health
assistance provided to a targeted low-income child shall
include coverage of any COVID-19 serology test described in
section 1905(a)(3)(C) that is administered during any portion
of the 2-year period described in such section beginning on
or after the date of the enactment of this subparagraph (and
the administration of such test).''.
(2) Prohibition of cost sharing.--Section 2103(e)(2) of the
Social Security Act (42 U.S.C. 1397cc(e)(2)) is amended by
inserting ``COVID-19 serology tests described in subsection
(c)(11) (and administration of such tests),'' after
``products),''.

SEC. _05. COVERAGE OF CORONAVIRUS ANTIBODY TESTS UNDER THE
TRICARE PROGRAM.

(a) In General.--The Secretary of Defense shall provide
coverage under the TRICARE program, and shall not impose any
cost sharing (including deductibles, copayments, and
coinsurance) requirements or prior authorization or other
medical management requirements, for COVID-19 serology tests
performed for covered beneficiaries during calendar year 2020
or 2021.
(b) Definitions.--In this section, the terms ``TRICARE
program'' and ``covered beneficiary'' have the meanings given
those terms in section 1072 of title 10, United States Code.

SEC. _06. COVERAGE OF CORONAVIRUS ANTIBODY TESTS FROM
DEPARTMENT OF VETERANS AFFAIRS.

(a) In General.--The Secretary of Veterans Affairs shall
furnish a COVID-19 serology test to any enrolled veteran,
upon request by the veteran, during calendar years 2020 and
2021 and shall not impose any cost sharing (including
deductibles, copayments, and coinsurance) requirements or
prior authorization or other medical management requirements
for the receipt of such a test by an enrolled veteran during
such period.
(b) Enrolled Veteran Defined.--In this section, the term
``enrolled veteran'' means a veteran enrolled in the system
of annual patient enrollment of the Department of Veterans
Affairs established and operated under section 1705(a) of
title 38, United States Code.

SEC. _07. COVERAGE OF CORONAVIRUS ANTIBODY TESTS UNDER FEHBP.

Section 8902 of title 5, United States Code, is amended by
adding at the end the following:
``(p) A contract for a plan under this chapter shall--
``(1) require the carrier to provide coverage for--
``(A) a COVID-19 serology test administered on any date
during the period beginning on the date of enactment of this
subsection and ending on December 31, 2021; and
``(B) the administration of a test described in
subparagraph (A); and
``(2) prohibit the carrier from imposing any cost sharing
requirement (including a deductible, copayment, or
coinsurance requirement), or prior authorization or other
medical management requirement, with respect to a test
described in paragraph (1)(A).''.

SEC. _08. REIMBURSEMENT FOR UNINSURED PATIENT COSTS.

The Secretary of Health and Human Services shall utilize
amounts in the Public Health and Social Services Emergency
Fund (as established in the Coronavirus Aid, Relief, and
Economic Security Act (Public Law 116-136)) to reimburse
health care providers for the costs of providing health care
services for the diagnosis and treatment of COVID-19 for
individuals who are not covered under a group health plan or
other health insurance coverage.

SEC. _09. ELECTRONIC REPORTING STANDARDS.

(a) Committee.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the Secretary of Health and Human
Services shall convene a committee to make recommendations to
the Secretary on the expedited adoption of private sector
standards (as defined in section 1171(7) of the Social
Security Act (42 U.S.C. 1320d(7))) and the platform described
in subsection (b).
(2) Membership.--The committee under paragraph (1) shall
include representatives of--
(A) the Centers for Disease Control and Prevention;
(B) the Office of Civil Rights of the Department of Health
and Human Services;
(C) the Office of the National Coordinator for Health
Information Technology;
(D) the Department of Defense;
(E) the Department of Veterans Affairs;
(F) the Centers for Medicare & Medicaid Services; and
(G) standards development organizations defined under
section 1171(8) of the Social Security Act (42 U.S.C.
1320d(8)), including the National Council for Prescription
Drug Programs and Health Level 7.
(b) Standards and Platform.--Not later than 60 days after
the date of the convening of the committee in subsection
(a)(1), the committee shall recommend standards,
implementation guidelines, and the attributes of a health
data platform that facilitates the real-time sharing of
information for both public health and clinical health that
allows for--
(1) interoperable electronic reporting standards for the
sharing of electronic patient data, including case reports,
laboratory results, serology, immunology, and hospital
capacity data;
(2) standardized electronic information reporting for the
automated e-reporting of COVID-19 or future epidemic
surveillance results from health care providers,
laboratories, and other sources to the Centers for Disease
Control and Prevention and State and local departments of
health;
(3) standardized immunization data that is shared with
immunization registries, medication history, and serology
available at the point of care for clinicians; and
(4) a common platform for automated queries and responses
from hospitals, physicians, and other prescribers and
pharmacies to--
(A) collect, maintain, and provide to prescribers and
dispensers, in real-time and within ordinary clinical
workflow, information on patient prescription and dispensing
history, relevant clinical diagnoses, laboratory test
results, vaccinations through pharmaceutical claims, and
electronic prescribing data transactions to treat patients;
and
(B) allow for the relevant information to be reported to
public health officials for the purposes of infectious
disease surveillance, identification, and containment
consistent with any electronic case reporting system.
Such recommendations shall be prioritized in order of impact
on improvements to public and clinical health.
(c) Adoption of Standards.--Not later than 90 days after
receipt of the recommendations under subsection (b), and in
consultation with American National Standards Institute
Accredited Standards Development Organizations, the Secretary
of Health and Human Services shall adopt priority standards
and implementation specifications recommended by the
committee under subsection (a) on an expedited basis without
regard to the process described in section 1174 of the Social
Security Act (with respect to limits on the timeframe for
adoption of the standards) (42 U.S.C. 1320d-3).
(d) Adoption of Platform.--Not later than 90 days after
receipt of the recommendations under subsection (b) on a
common platform as described in subsection (b)(4), the
Secretary of Health and Human Services shall enter into a
contract with a private sector entity to establish such
platform, which shall be available for use within 180 days of
the date of such contract.
(e) Report.--Not later than 30 days after the date on which
the committee established under subsection (a) makes
recommendations for standards and the platform under
subsection (b), the committee shall submit to the appropriate
committees of Congress a report on such standards and
platform, including any legislative changes that would be
necessary to implement such standards and platform.
______