H.R. 6640 – Medicare Advantage COVID Treatment Act

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Updated April 14, 2026 at 12:00 PM UTC

The Medicare Advantage COVID Treatment Act would make sure that people enrolled in Medicare Advantage plans don’t have to pay any out‑of‑pocket costs for COVID‑19 related care. It also requires the government to pay the plans back for the money they would have collected as cost‑sharing. The changes apply to anyone using Medicare Advantage during the declared COVID‑19 emergency period.

Key Provisions

During the COVID‑19 emergency, Medicare Advantage plans cannot charge deductibles, copayments, or coinsurance for any COVID‑19 related service that is billed with a COVID‑19 diagnosis code.
For critical COVID‑19 services such as ventilator use or intensive‑care unit care, plans also cannot require prior authorization or other utilization‑management steps.
The Centers for Medicare & Medicaid Services (CMS) must calculate the total amount of cost‑sharing that would have been collected for these services and reimburse the plans that amount, starting March 1, 2021 for services provided in 2020 and each subsequent year thereafter.
The reimbursement funds are to come from the Medicare & Medicaid Program Management Fund, using Treasury money that isn’t already obligated.

Legislative Activity

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HouseIntro Referral Latest Action

Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Ways and Means Committee

April 28, 2020

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HouseIntro Referral

Introduced in House

April 28, 2020

HouseIntro Referral

Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Ways and Means Committee

April 28, 2020

Bill Text

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Introduced in HouseIssued April 28, 2020

I

116th CONGRESS

2d Session

H. R. 6640

IN THE HOUSE OF REPRESENTATIVES

April 28, 2020

Ms. Mucarsel-Powell (for herself and Mr. Kind) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To amend title XVIII of the Social Security Act to provide coverage for COVID–19 at no cost sharing under the medicare advantage program, and for other purposes.

1.

Short title

This Act may be cited as the Medicare Advantage COVID Treatment Act.

2.

Coverage of treatments for COVID–19 at no cost sharing under the medicare advantage program

(a)

In general

Section 1852(a)(1)(B) of the Social Security Act (42 U.S.C. 1395w–22(a)(1)(B)) is amended by adding at the end the following new clause:

(vii)

Special coverage rules for specified COVID–19 treatment services

(I)

In general

Notwithstanding clause (i), in the case of a specified COVID-19 treatment service that is furnished during a plan year occurring during any portion of the emergency period defined in section 1135(g)(1)(B) beginning on or after the date of the enactment of this clause, a Medicare Advantage plan may not, with respect to such service, impose—

(aa)

any cost-sharing requirement (including a deductible, copayment, or coinsurance requirement); and

(bb)

in the case such service is a critical specified COVID-19 treatment service (including ventilator services and intensive care unit services), any prior authorization or other utilization management requirement.

A Medicare Advantage plan may not take the application of this clause into account for purposes of a bid amount submitted by such plan under section 1854(a)(6).

(II)

Specified COVID-19 treatment service defined

For purposes of this clause, the term specified COVID-19 treatment service means any item or service furnished to an individual for which payment may be made under part A or part B of title XVIII of the Social Security Act if such item or service is included in a claim with an ICD–10–CM code relating to COVID-19 (as described in the document entitled ICD–10–CM Official Coding Guidelines—Supplement Coding encounters related to COVID-19 Coronavirus Outbreak published on February 20, 2020, or as otherwise specified by the Secretary).

.

(b)

Reimbursement of medicare advantage plans for elimination of cost sharing

Section 1853 of the Social Security Act (42 U.S.C. 1395w–23) is amended by adding at the end the following new subsection:

(p)

Additional payment to account for cost sharing elimination for COVID-19 treatment services

(1)

In general

A Medicare Advantage plan shall notify the Secretary of the total dollar amount of cost sharing that, but for the application of section 1852(a)(1)(B)(vii), would have been required under such plan for specified COVID-19 treatment services (as defined in subclause (II) of such section) furnished during a plan year described in such section to individuals enrolled in the plan. The Secretary shall make periodic and timely payments in accordance with this subsection to such plan that, in the aggregate, equal such total dollar amount.

(2)

Timing of payment

Payments by the Secretary under this subsection shall be made beginning March 1, 2021, for amounts described in such paragraph that would have been required under such plan for specified COVID-19 treatment services furnished during plan year 2020. Payments by the Secretary under this subsection for such amounts that would have been so required under such plan for such services furnished during a plan year subsequent to plan year 2020 shall be made beginning March 1 of the plan year following such subsequent plan year.

(3)

Non-application

Section 1853(c)(7) shall not apply with respect to the application of this subsection.

(4)

Appropriation

There are transferred to the Centers for Medicare & Medicaid Program Management Fund, out of any monies in the Treasury not otherwise obligated, such sums as may be necessary to the Secretary for purposes of making payments under this subsection.

.

(c)

Implementation

Notwithstanding any other provision of law, the Secretary of Health and Human Services may implement the amendments made by this section by program instruction or otherwise.