,,ii  #aafth ,,congress  #b;d ,session  
,s4 #dafj  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,july #b1 #bjbj
 ,mr4 ,thune 7for himself1 ,ms4         
,stabenow1 ,mr4 ,portman1 ,ms4 ,baldwin1
 ,mrs4 ,capito1 and ,mr4 ,cardin7       
introduced the following bill2 which was
 read twice and referred to the         
,committee on ,health1 ,education1      
,labor1 and ,pensions  ,a ,,bill  ,to   
enable certain hospitals that were      
participating in or applied for the drug
 discount program under section #cdj;,b 
of the ,public ,health ,service ,act    
prior to the ,,covid-#ai public health  
emergency to temporarily maintain       
eligibility for such program1 and for   
other purposes4  #a4 ,eligibility       
exception for the drug discount program 
due to the ,,covid-#ai public health    
emergency  7a7 ,in general              
,notwithstanding any other provision of 
law1 a hospital described in subsection 
7b7 that1 for an applicable calendar    
quarter1 otherwise meets the            

requirements for being a covered entity 
under subparagraph 7,l71 7,m71 or 7,o7  
of section #cdj;,b7a77#d7 of the ,public
 ,health ,service ,act 7#db ,u4,s4,c4   
#bef;b7a77#d77 but that1 for such       
calendar quarter1 does not meet the     
applicable requirement for the          
disproportionate share adjustment       
percentage described in subsection 7c71 
shall be deemed a covered entity under  
such respective subparagraph for such   
applicable calendar quarter4  7b7       
,hospitals ,a hospital described in this
 subsection is--  7#a7 an entity that1  
on the day before the first day of the  
,,covid-#ai public health emergency1 was
 a covered entity described in          
subparagraph 7,l71 7,m71 or 7,o7 of     
subsection 7a77#d7 of section #cdj;,b of
 the ,public ,health ,service ,act      
participating in the drug discount      
program under such section2 or  7#b7 an 
entity that--  7,a7 prior to the        
,,covid-#ai public health emergency1    
submitted an application for            

participation in such program as a      
covered entity described in subparagraph
 7,l71 7,m71 or 7,o7 of section         
#cdj;,b7a77#d7 of the ,public ,health   
,service ,act2  7,b7 prior to or during 
such emergency1 was approved for such   
participation2 and  7,c7 during such    
emergency1 began participating in such  
program4  7c7 ,applicable requirement   
for disproportionate share adjustment   
percentage ,the applicable requirement  
for the disproportionate share          
adjustment percentage described in this 
subsection is--  7#a7 in the case of a  
hospital described in subsection 7a7    
that otherwise meets the requirements   
under subparagraph 7,l7 or 7,m7 of      
section #cdj;,b7a77#d7 of the ,public   
,health ,service ,act1 the requirement  
under subparagraph 7,l77ii7 of such     
section2 and  7#b7 in the case of a     
hospital described in subsection 7a7    
that otherwise meets the requirements   
under subparagraph 7,o7 of such section 
#cdj;,b7a77#d71 the requirement with    

respect to the disproportionate share   
adjustment percentage described in such 
subparagraph 7,o74  7d7 ,definitions ,in
 this section3 7#a7 ,applicable calendar
 quarter ,the term applicable calendar  
quarter means a calendar quarter for    
which eligibility for the drug discount 
program under section #cdj;,b of the    
,public ,health ,service ,act 7#db      
,u4,s4,c4 #bef;b7 is based on a cost    
reporting period for which the          
,,covid-#ai public health emergency is  
in effect for all or part of such cost  
reporting period4  7#b7 ,covered entity 
,the term covered entity has the meaning
 given such term in section             
#cdj;,b7a77#d7 of the ,public ,health   
,service ,act 7#db ,u4,s4,c4            
#bef;b7a77#d774  7#c7 ,,covid-#ai public
 health emergency ,the term ,,covid-#ai 
public health emergency means the public
 health emergency declared by the       
,secretary of ,health and ,human        
,services under section #cai of the     
,public ,health ,service ,act 7#db      

,u4,s4,c4 #bdg;d7 on ,january #ca1      
#bjbj1 with respect to ,,covid-#ai4