,i  #aagth ,,congress  #ast ,session    
,h4 ,r4 #cbjc  ,,in ,,the ,,house ,,of  
,,representatives  ,may #ac1 #bjba,ms4  
,matsui 7for herself1 ,mr4 ,stewart1    
,mrs4 ,axne1 ,mr4 ,mc,kinley1 ,ms4      
,spanberger1 and ,mr4 ,johnson of ,south
 ,dakota7 introduced the following bill2
 which was referred to the ,committee on
 ,energy and ,commerce  ,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  7#a7 ,,dsh  
adjustment percentage treatment         
,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 subsection 7a77#d7 of section #cdj;,b
 of the ,public ,health ,service ,act   
7#db ,u4,s4,c4 #bef;b7 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 to meet such applicable 
requirement under such respective       
subparagraph for such applicable        
calendar quarter 7including any such    
quarter occurring before the date of the
 enactment of this ,act74  7#b7         
,treatment of certain entities          
,notwithstanding any other provision of 
law1 a hospital described in subsection 
7b7 that1 on the day before the first   
day of the ,,covid-#ai public health    
emergency 7or at any point during such  
emergency71 was a covered entity        
described in subparagraph 7,l7 of       
subsection 7a77#d7 of section #cdj;,b of
 the ,public ,health ,service ,act 7#db 

,u4,s4,c4 #bef;b71 but that1 for an     
applicable calendar quarter1 did not    
meet the requirement described in       
subparagraph 7,l77ii7 of such subsection
 and1 during the ,,covid-#ai public     
health emergency1 registered as a       
covered entity described in subparagraph
 7,o7 of such subsection1 may elect to  
be deemed to be a covered entity        
described in subparagraph 7,l7 of such  
subsection for such applicable calendar 
quarter1 and for any other quarter      
occurring during such emergency during  
which such entity was so registered as a
 covered entity described in            
subparagraph 7,o7 of such subsection1   
provided that1 for such applicable      
calendar quarter and any such other     
quarter1 the entity met the requirements
 described in subsection 7a77#e7 of such
 section and1 beginning on the date on  
which the entity makes such election1   
the entity meets the requirement        
described in subparagraph 7,l77iii7 of  
subsection 7a77#d7 of such section4  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 or during   
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