,i  #aafth ,,congress  #b;d ,session    
,h4 ,r4 #hfbd  ,,in ,,the ,,house ,,of  
,,representatives  ,october #af1        
#bjbj,mr4 ,wenstrup 7for himself and    
,mr4 ,bishop of ,georgia7 introduced the
 following bill2 which was referred to  
the ,committee on ,energy and ,commerce1
 and in addition to the ,committee on   
,ways and ,means1 for a period to be    
subsequently determined by the ,speaker1
 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 authorize 
the extension of pass-through status    
under the ,medicare program for certain 
drugs and devices impacted by           
,,covid-#ai4  #a4 ,short title ,this    
,act may be cited as the ,protecting    
,access to ,innovation ,during          
,,covid-#ai ,act4  #b4 ,authorizing the 
extension of pass-through status under  
the ,medicare program for certain drugs 
and devices impacted by ,,covid-#ai     

,section #ahcc7t77#f7 of the ,social    
,security ,act 7#db ,u4,s4,c4           
#aciel7t77#f77 is amended by adding at  
the end the following new subparagraph3 
7,k7 ,authority to extend pass-through  
status for certain drugs and devices    
impacted by ,,covid-#ai  7i7 ,in general
 ,notwithstanding the preceding         
provisions of this paragraph1 in the    
case of an eligible drug or device 7as  
defined in clause 7iv771 if the         
,secretary determines1 prior to or on   
the date of the expiration of           
pass-through status for such drug or    
device 7or1 in the case of such a drug  
or device whose pass-through status     
expired before the date of the enactment
 of this subparagraph1 not later than   
#cj days after such date71 that the cost
 of such drug or device is unable to be 
accurately calculated due to the effects
 of ,,covid-#ai1 the ,secretary may     
extend the pass-through status of such  
eligible drug or device in accordance   
with clause 7ii74  7ii7 ,extension ,the 

,secretary may extend the pass-through  
status of an eligible drug or device    
described in clause 7i7 with respect to 
which a determination has been made     
under such clause-- 7,i7 in the case of 
a drug or device whose period of        
pass-through status expired during the  
emergency period described in section   
#aace7;g77#a77;,b7 before the date of   
the enactment of this subparagraph1 for 
a period beginning on the first day     
after such period of up to the number of
 days occurring during such period      
during which such drug or device had    
pass-through status2  7,,ii7 in the case
 of a drug or device whose period of    
pass-through status would otherwise     
expire during such emergency period on  
or after such date of enactment-- 7aa7  
for the remainder of such period2 and   
7bb7 for a period beginning on the first
 day after such period of up to the     
number of days occurring during such    
period during which such drug or device 
had pass-through status 7not taking into

 account any extension of such status   
pursuant to this subclause72 and        
7,,iii7 in the case of a drug or device 
not described in subclause 7,i7 or      
7,,ii71 by the number of days occurring 
during such emergency period during     
which such drug or device had           
pass-through status4  7iii7 ,special    
rules for already-expired drugs and     
devices ,in the case of an eligible drug
 or device described in clause 7ii77,i7 
for which payment under this subsection 
was packaged into a payment for a       
covered ,,opd service 7or group of      
services7 and whose period of           
pass-through status is extended in      
accordance with such clause1 the        
,secretary-- 7,i7 shall1 for the period 
during which such extension is in effect
 for such drug or device-- 7aa7 remove1 
during such period1 the packaged costs  
of such drug or device 7as determined by
 the ,secretary7 from the payment amount
 under this subsection for the covered  
,,opd service 7or group of services7    

with which it is packaged2 and  7bb7 not
 make any adjustments to payment amounts
 under this subsection for a covered    
,,opd service 7or group of services7 for
 which no costs were removed under      
subclause 7,i72 and  7,,ii7 may not1    
when calculating the cost of such drug  
or device at the end of such extension1 
take into account claims for such drug  
or device made while such drug or device
 was so packaged4  7iv7 ,eligible drug  
or device defined ,for purposes of this 
subparagraph1 the term eligible drug or 
device means a drug or device with      
pass-through status in effect during any
 portion of the emergency period        
described in section #aace7;g77#a77;,b74
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