S.Amdt. 1345

SA 1345. Ms. COLLINS (for herself, Mr. Tillis, Mr. Cramer, and Mr.
Portman) submitted an amendment intended to be proposed to amendment

[[Page S1376]]

SA 891 proposed by Mr. Schumer (for himself, Mr. Wyden, Mrs. Murray,
Mr. Brown, Mr. Peters, Mr. Cardin, Ms. Cantwell, Ms. Stabenow, Mr.
Tester, Mr. Menendez, Mr. Schatz, Mr. Carper, Mr. Leahy, and Mr.
Sanders) to the bill H.R. 1319, to provide for reconciliation pursuant
to title II of S. Con. Res. 5; which was ordered to lie on the table;
as follows:

Strike section 9911 and insert the following:

SEC. 9911. FUNDING FOR PROVIDERS RELATING TO COVID-19.

(a) In General.--Part A of title XI of the Social Security
Act (42 U.S.C. 1301 et seq.) is amended by adding at the end
the following:

``SEC. 1150C. FUNDING FOR PROVIDERS RELATING TO COVID-19.

``(a) Funding.--In addition to amounts otherwise available,
there is appropriated to the Secretary, for fiscal year 2021,
out of any monies in the Treasury not otherwise appropriated,
$35,000,000,000 for purposes of making payments to eligible
health care providers for health care related expenses and
lost revenues that are attributable to COVID-19. Amounts
appropriated under the preceding sentence shall remain
available until expended.
``(b) Special Rule.--The Secretary shall make not less than
$8,500,000,000 of the amounts appropriated under subsection
(a) available for eligible health care providers located in a
rural area.
``(c) Application Requirement.--To be eligible for a
payment under this section, an eligible health care provider
shall submit to the Secretary an application in such form and
manner as the Secretary shall prescribe. Such application
shall contain the following:
``(1) A statement justifying the need of the provider for
the payment, including documentation of the health care
related expenses attributable to COVID-19 and lost revenues
attributable to COVID-19.
``(2) The tax identification number of the provider.
``(3) Such assurances as the Secretary determines
appropriate that the eligible health care provider will
maintain and make available such documentation and submit
such reports (at such time, in such form, and containing such
information as the Secretary shall prescribe) as the
Secretary determines is necessary to ensure compliance with
any conditions imposed by the Secretary under this section.
``(4) Any other information determined appropriate by the
Secretary.
``(d) Limitations.--Payments made to an eligible health
care provider under this section may not be used to reimburse
any expense or loss that--
``(1) has been reimbursed from another source; or
``(2) another source is obligated to reimburse.
``(e) Application of Requirements, Rules, and Procedures.--
The Secretary shall apply any requirements, rules, or
procedures as the Secretary deems appropriate for the
efficient execution of this section.
``(f) Application of Provisions.--Amounts appropriated
pursuant to this section for fiscal year 2021 shall be
subject to the requirements contained in Public Law 116-94
for funds for programs authorized under sections 330 through
340 of the Public Health Service Act (42 U.S.C. 254b through
256).
``(g) Definitions.--In this section:
``(1) Eligible health care provider.--The term `eligible
health care provider' means--
``(A) a provider of services (as defined in section
1861(u)) or a supplier (as defined in section 1861(d)) that--
``(i) is enrolled in the Medicare program under title XVIII
under section 1866(j), including temporarily enrolled during
the emergency period described in section 1135(g)(1)(B) for
such period; and
``(ii) provides diagnoses, testing, or care for individuals
with possible or actual cases of COVID-19;
``(B) a provider or supplier that--
``(i) is enrolled with a State Medicaid plan under title
XIX (or a waiver of such plan) in accordance with subsections
(a)(77) and (kk) of section 1902 (including enrolled pursuant
to section 1902(a)(78) or section 1932(d)(6)) or enrolled
with a State child health plan under title XXI (or a waiver
of such plan) in accordance with subparagraph (G) of section
2107(e)(1) (including enrolled pursuant to subparagraph (D)
or (Q) of such section); and
``(ii) provides diagnoses, testing, or care for individuals
with possible or actual cases of COVID-19;
``(C) an assisted living facility (as defined for purposes
of the Older Americans Act); or
``(D) a senior congregate home provider (as defined by the
Secretary).
``(2) Health care related expenses attributable to covid-
19.--The term `health care related expenses attributable to
COVID-19' means health care related expenses to prevent,
prepare for, and respond to COVID-19, including the building
or construction of a temporary structure, the leasing of a
property, the purchase of medical supplies and equipment,
including personal protective equipment and testing supplies,
providing for increased workforce and training, including
maintaining staff, obtaining additional staff, or both, the
operation of an emergency operation center, retrofitting a
facility, providing for surge capacity, and other expenses
determined appropriate by the Secretary.
``(3) Lost revenue attributable to covid-19.--The term
`lost revenue attributable to COVID-19' has the meaning given
that term in 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 if such budget had been established and
approved prior to March 27, 2020.
``(4) Payment.-- The term `payment' includes, as determined
appropriate by the Secretary, a pre-payment, a prospective
payment, a retrospective payment, or a payment through a
grant or other mechanism.
``(5) Rural area.--The term `rural area' means--
``(A) a rural area (as defined in section 1886(d)(2)(D));
``(B) an area treated as a rural area pursuant to section
1886(d)(8)(E); or
``(C) any other rural area (as defined by the
Secretary).''.
(b) Offsets.--Title VI of the Social Security Act (42
U.S.C. 801 et seq.), as amended by section 9901, is further
amended--
(1) in section 602--
(A) in subsection (a)(1), by striking ``$219,800,000,000''
and inserting ``$203,600,000,000''; and
(B) in subsection (b)(3)(A), by striking
``$195,300,000,000'' and inserting ``$179,100,000,000''; and
(2) by striking section 604.
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