,,ii #aafth ,,congress #b;d ,session ,s4 #daih ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #b1 #bjbj,mr4 ,scott of ,florida 7for himself and ,ms4 ,mc,sally7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to require health plans to provide coverage for ,,covid-#ai serology testing4 #a4 ,short title ,this ,act may be cited as the ,affordable ,coronavirus ,testing ,act4 #b4 ,coverage of ,coronavirus ,antibody ,tests 7a7 ,coverage 7#a7 ,in general ,a group health plan and a health insurance issuer offering group or individual health insurance coverage 7including a grandfathered health plan 7as defined in section #abea7;e7 of the ,patient ,protection and ,affordable ,care ,act7 shall provide coverage1 and shall not impose any cost sharing 7including deductibles1 copayments1 and coinsurance7 requirements or prior authorization or other medical management requirements1 for eligible ,,covid-#ai serology tests performed during any portion of the #bjbj or #bjba plans years4 7#b7 ,eligible test ,for purpose of paragraph 7#a71 an eligible ,,covid-#ai serology test shall include the following3 7,a7 ,a test that has been approved1 cleared1 or authorized under section #eaj7k71 #eac1 #eae1 or #efd of the ,federal ,food1 ,drug1 and ,cosmetic ,act for the detection of the presence of ,,sars-,co,v-#b antibodies4 7,b7 ,a serology test kit that is made available within the #aj-;day grace period prior to an emergency use authorization submission and with respect to which such emergency use authorization submission is under consideration1 except that this subparagraph shall not apply in the case of a serology test kit where the emergency use authorization submission request under section #efd of the ,federal ,food1 ,drug1 and ,cosmetic ,act has been denied or not submitted within a reasonable timeframe4 7,c7 ,a serology laboratory developed test that the ,food and ,drug ,administration permits for clinical use without an emergency use authorization submission4 7,d7 ,any other test the ,secretary determines appropriate through guidance4 7b7 ,enforcement ,the provisions of this section shall be applied by the ,secretary of ,health and ,human ,services1 ,secretary of ,labor1 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 ,act1 part #g of the ,employee ,retirement ,income ,security ,act of #aigd1 and subchapter ,b of chapter #ajj of the ,internal ,revenue ,code of #aihf1 as applicable4 7c7 ,implementation ,the ,secretary of ,health and ,human ,services1 ,secretary of ,labor1 and ,secretary of the ,treasury may implement the provisions of this section through sub-regulatory guidance1 program instruction or otherwise4 7d7 ,rule of construction ,nothing in this ,act1 or the amendments made by this ,act1 shall be construed to limit the number of ,,covid-#ai serology tests that will be covered with respect to an individual under this ,act 7or amendments74 7e7 ,terms ,in this section3 7#a7 ,general terms ,the terms group health plan1 health insurance issuer1 group health insurance coverage1 and individual health insurance coverage shall have the meanings given such terms in section #bgia of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#ia71 section #gcc of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aaia;b71 and section #ihcb of the ,internal ,revenue ,code of #aihf1 as applicable4 7#b7 ,medical management ,the term medical management includes requirements relating to clinical criteria for coverage1 frequency limitations1 and similar restrictions as determined by the ,secretary of ,health and ,human ,services1 ,secretary of ,labor1 and ,secretary of the ,treasury4 7f7 ,conforming amendment ,section #fjja7;d7 of the ,families ,first ,coronavirus ,response ,act 7#db ,u4,s4,c4 #acbj;b-#e note7 is amended-- 7#a7 by striking ,the terms and inserting the following3 7#a7 ,in general ,the terms 2 and 7#b7 by adding at the end the following3 7#b7 ,medical management ,the term medical management includes requirements relating to clinical criteria for coverage1 frequency limitations1 and similar restrictions as determined by the ,secretary of ,health and ,human ,services1 ,secretary of ,labor1 and ,secretary of the ,treasury4 4 #c4 ,coverage of coronavirus antibody tests at no cost sharing under ,medicare 7a7 ,in general ,section #ahcc7;cc77#a77;,a77iii7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciel7cc77#a77;,a77iii7 is amended by inserting the following before the semicolon3 or a ,,covid-#ai serology test described in section #aheb7;a77#a77;,b77,,vii74 7b7 ,coverage under ,medicare ,advantage ,section #aheb7;a77#a77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#bb7;a77#a77;,b77 is amended-- 7#a7 in clause 7iv7-- 7,a7 by redesignating subclause 7,,vii7 as subclause 7,,viii72 and 7,b7 by inserting after subclause 7,,vi7 the following new clause3 7,,vii7 ,a ,,covid-#ai serology test administered during any portion of the #b-year period beginning on ,january #a1 #bjbj1 that begins on or after the date of enactment of this subclause1 and the administration of such test4 2 7#b7 in clause 7v71 by striking and 7,,vi7 and inserting 7,,vi71 and 7,,vii72 and 7#c7 in clause 7vi71 by inserting 1 or in the case of a product or service described in subclause 7,,vii7 of such clause that is administered or furnished during any portion of the period described in such subclause after this clause4 #d4 ,coverage of coronavirus antibody tests under ,medicaid and ,,chip 7a7 ,medicaid 7#a7 ,in general ,section #aije7;a77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7a77#c77 is amended-- 7,a7 in subparagraph 7,a71 by striking 2 and and inserting a semicolon2 7,b7 in subparagraph 7,b71 by inserting and after the semicolon2 and 7,c7 by adding at the end the following new subparagraph3 7,c7 ,,covid-#ai serology tests administered during any portion of the #b-year period beginning on ,january #a1 #bjbj1 that begins on or after the date of enactment of this subparagraph1 and the administration of such tests2 4 7#b7 ,no cost sharing 7,a7 ,in general ,subsections 7a77#b7 and 7b77#b7 of section #aiaf of the ,social ,security ,act 7#db ,u4,s4,c4 #acifo7 are each amended-- 7i7 in subparagraph 7,f71 by striking or at the end2 7ii7 by redesignating subparagraph 7,g7 as subparagraph 7,h72 and 7iii7 by inserting after subparagraph 7,f7 the following new subparagraph3 7,g7 any ,,covid-#ai serology test described in section #aije7;a77#c77;,c7 that is performed during any portion of the #b-year period described in such section beginning on or after the date of enactment of this subparagraph 7and the administration of such test71 or 4 7,b7 ,application to alternative cost sharing ,section #aiaf;,a7b77#c77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifo-#a7;b77#c77;,b77 is amended by adding at the end the following new clause3 7xii7 ,any ,,covid-#ai serology test described in section #aije7;a77#c77;,c7 that is administered during any portion of the #b-year period described in such section beginning on or after the date of enactment of this clause 7and the administration of such test74 4 7,c7 ,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 #ej ,states4 7b7 ,,chip 7#a7 ,in general ,section #bajc7;c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;cc7c77 is amended by adding at the end the following paragraph3 7#aa7 ,,covid-#ai serology testing ,the child health assistance provided to a targeted low-income child shall include coverage of any ,,covid-#ai serology test described in section #aije7;a77#c77;,c7 that is administered during any portion of the #b-year period described in such section beginning on or after the date of the enactment of this subparagraph 7and the administration of such test74 4 7#b7 ,prohibition of cost sharing ,section #bajc7;e77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;cc7e77#b77 is amended by inserting ,,covid-#ai serology tests described in subsection 7c77#aa7 7and administration of such tests71 after products714 #e4 ,coverage of coronavirus antibody tests under the ,,tricare ,program 7a7 ,in general ,the ,secretary of ,defense shall provide coverage under the ,,tricare program1 and shall not impose any cost sharing 7including deductibles1 copayments1 and coinsurance7 requirements or prior authorization or other medical management requirements1 for ,,covid-#ai serology tests performed for covered beneficiaries during calendar year #bjbj or #bjba4 7b7 ,definitions ,in this section1 the terms ,,tricare program and covered beneficiary have the meanings given those terms in section #ajgb of title #aj1 ,united ,states ,code4 #f4 ,coverage of coronavirus antibody tests from ,department of ,veterans ,affairs 7a7 ,in general ,the ,secretary of ,veterans ,affairs shall furnish a ,,covid-#ai serology test to any enrolled veteran1 upon request by the veteran1 during calendar years #bjbj and #bjba and shall not impose any cost sharing 7including deductibles1 copayments1 and coinsurance7 requirements or prior authorization or other medical management requirements for the receipt of such a test by an enrolled veteran during such period4 7b7 ,enrolled veteran defined ,in this section1 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 #agje7;a7 of title #ch1 ,united ,states ,code4 #g4 ,coverage of coronavirus antibody tests under ,,fehbp ,section #hijb of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7p7 ,a contract for a plan under this chapter shall-- 7#a7 require the carrier to provide coverage for-- 7,a7 a ,,covid-#ai serology test administered on any date during the period beginning on the date of enactment of this subsection and ending on ,december #ca1 #bjba2 and 7,b7 the administration of a test described in subparagraph 7,a72 and 7#b7 prohibit the carrier from imposing any cost sharing requirement 7including a deductible1 copayment1 or coinsurance requirement71 or prior authorization or other medical management requirement1 with respect to a test described in paragraph 7#a77;,a74 4 #h4 ,reimbursement for uninsured patient costs ,the ,secretary of ,health and ,human ,services shall utilize amounts in the ,public ,health and ,social ,services ,emergency ,fund 7as established in the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act 7,public ,law #aaf-acf77 to reimburse health care providers for the costs of providing health care services for the diagnosis and treatment of ,,covid-#ai for individuals who are not covered under a group health plan or other health insurance coverage4 #i4 ,electronic reporting standards 7a7 ,committee 7#a7 ,in general ,not later than #cj days after the date of enactment of this ,act1 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 7as defined in section #aaga7g7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;d7#g777 and the platform described in subsection 7b74 7#b7 ,membership ,the committee under paragraph 7#a7 shall include representatives of-- 7,a7 the ,centers for ,disease ,control and ,prevention2 7,b7 the ,office of ,civil ,rights of the ,department of ,health and ,human ,services2 7,c7 the ,office of the ,national ,coordinator for ,health ,information ,technology2 7,d7 the ,department of ,defense2 7,e7 the ,department of ,veterans ,affairs2 7,f7 the ,centers for ,medicare ,medicaid ,services2 and 7,g7 standards development organizations defined under section #aaga7h7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;d7#h771 including the ,national ,council for ,prescription ,drug ,programs and ,health ,level #g4 7b7 ,standards and platform ,not later than #fj days after the date of the convening of the committee in subsection 7a77#a71 the committee shall recommend standards1 implementation guidelines1 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-- 7#a7 interoperable electronic reporting standards for the sharing of electronic patient data1 including case reports1 laboratory results1 serology1 immunology1 and hospital capacity data2 7#b7 standardized electronic information reporting for the automated e-reporting of ,,covid-#ai or future epidemic surveillance results from health care providers1 laboratories1 and other sources to the ,centers for ,disease ,control and ,prevention and ,state and local departments of health2 7#c7 standardized immunization data that is shared with immunization registries1 medication history1 and serology available at the point of care for clinicians2 and 7#d7 a common platform for automated queries and responses from hospitals1 physicians1 and other prescribers and pharmacies to-- 7,a7 collect1 maintain1 and provide to prescribers and dispensers1 in real-time and within ordinary clinical workflow1 information on patient prescription and dispensing history1 relevant clinical diagnoses1 laboratory test results1 vaccinations through pharmaceutical claims1 and electronic prescribing data transactions to treat patients2 and 7,b7 allow for the relevant information to be reported to public health officials for the purposes of infectious disease surveillance1 identification1 and containment consistent with any electronic case reporting system4 ,such recommendations shall be prioritized in order of impact on improvements to public and clinical health4 7c7 ,adoption of ,standards ,not later than #ij days after receipt of the recommendations under subsection 7b71 and in consultation with ,american ,national ,standards ,institute ,accredited ,standards ,development ,organizations1 the ,secretary of ,health and ,human ,services shall adopt priority standards and implementation specifications recommended by the committee under subsection 7a7 on an expedited basis without regard to the process described in section #aagd of the ,social ,security ,act 7with respect to limits on the timeframe for adoption of the standards7 7#db ,u4,s4,c4 #acbj;d-#c74 7d7 ,adoption of platform ,not later than #ij days after receipt of the recommendations under subsection 7b7 on a common platform as described in subsection 7b77#d71 the ,secretary of ,health and ,human ,services shall enter into a contract with a private sector entity to establish such platform1 which shall be available for use within #ahj days of the date of such contract4 7e7 ,report ,not later than #cj days after the date on which the committee established under subsection 7a7 makes recommendations for standards and the platform under subsection 7b71 the committee shall submit to the appropriate committees of ,congress a report on such standards and platform1 including any legislative changes that would be necessary to implement such standards and platform4