,,ii #aagth ,,congress #ast ,session ,s4 #iah ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bc1 #bjba,mr4 ,barrasso 7for himself and ,mr4 ,cotton7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to offer financial support to health care providers1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,protecting ,seniors ,access to ,health ,care ,act4 #b4 ,provider relief fund 7a7 ,supplemental appropriation ,there is appropriated1 out of any amounts in the ,treasury not otherwise appropriated1 for an additional amount for ,public ,health and ,social ,services ,emergency ,fund1 #ab1cjj1jjj1jjj1 to remain available until expended1 to prevent1 prepare for1 and respond to coronavirus1 domestically or internationally1 which shall be for necessary expenses to reimburse1 through grants or other mechanisms1 eligible health care providers for health care related expenses or lost revenues that are attributable to coronavirus4 7b7 ,conditions ,the following conditions shall apply with respect to funds appropriated by subsection 7a73 7#a7 ,such funds may not be used to reimburse expenses or losses that have been reimbursed from other sources or that other sources are obligated to reimburse4 7#b7 ,recipients of payments under this section shall submit reports and maintain documentation as the ,secretary of ,health and ,human ,services 7referred to in this section as the ,secretary7 determines are needed to ensure compliance with conditions that are imposed by this subsection for such payments1 and such reports and documentation shall be in such form1 with such content1 and in such time as the ,secretary may prescribe for such purpose4 7#c7 ,the ,secretary shall1 on a rolling basis1 review applications and make payments under this section4 7#d7 ,funds appropriated under this section shall be available for building or construction of temporary structures1 leasing of properties1 medical supplies and equipment including personal protective equipment and testing supplies1 increased workforce and trainings1 emergency operation centers1 retrofitting facilities1 and surge capacity4 7#e7 ,payments under this section shall be made in consideration of the most efficient payment systems practicable to provide emergency payment4 7#f7 ,to be eligible for a payment under this section1 an eligible health care provider shall submit to the ,secretary an application that includes a statement justifying the need of the provider for the payment and the eligible health care provider shall have a valid tax identification number4 7#g7 ,for any reimbursement by the ,secretary from the ,provider ,relief ,fund to an eligible health care provider that is a subsidiary of a parent organization1 the parent organization may1 allocate 7through transfers or otherwise7 all or any portion of such reimbursement among the subsidiary eligible health care providers of the parent organization1 including reimbursements referred to by the ,secretary as ,targeted ,distribution payments1 among subsidiary eligible health care providers of the parent organization1 except that responsibility for reporting the reallocated reimbursement shall remain with the original recipient of such reimbursement4 7#h7 ,for any reimbursement from the ,provider ,relief ,fund to an eligible health care provider for health care related expenses or lost revenues that are attributable to coronavirus 7including reimbursements made before the date of the enactment of this ,act71 such provider may calculate such lost revenues using the ,frequently ,asked ,questions guidance released by the ,department of ,health and ,human ,services in ,june #bjbj1 including the difference between such provider's budgeted and actual revenue budget if such budget had been established and approved prior to ,march #bg1 #bjbj4 7#i7 ,not later than #c years after final payments are made under this section1 the ,office of ,inspector ,general of the ,department of ,health and ,human ,services shall transmit a final report on audit findings with respect to this program to the ,committee on ,appropriations of the ,senate and the ,committee on ,appropriations of the ,house of ,representatives4 7#aj7 ,nothing in this section limits the authority of the ,inspector ,general or the ,comptroller ,general of the ,united ,states to conduct audits of interim payments at an earlier date4 7#aa7 ,not later than #fj days after the date of enactment of this ,act1 the ,secretary shall provide a report to the ,committee on ,appropriations of the ,senate and the ,committee on ,appropriations of the ,house of ,representatives on the obligation of funds1 including obligations to such eligible health care providers1 summarized by ,state of the payment receipt4 ,such report shall be updated and submitted to such ,committees every #fj days until funds are expended4 7c7 ,application of requirements1 rules1 and procedures ,the ,secretary shall apply any requirements1 rules1 or procedures as the ,secretary determines appropriate for the efficient execution of this section4 7d7 ,application of provisions ,amounts appropriated pursuant to this section and pursuant to title ,,ii of ,public ,law #aag-b shall be subject to the requirements contained in ,public ,law #aaf-bfj for funds for programs authorized under sections #ccj through #cdj of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed;b through #bef74 7e7 ,definitions ,for purposes of this section3 7#a7 ,the term eligible health care providers means public entities1 ,medicare or ,medicaid enrolled suppliers and providers1 and such for-profit entities and not-for-profit entities not otherwise described in this paragraph as the ,secretary may specify1 within the ,united ,states 7including territories71 that provide diagnoses1 testing1 or care for individuals with possible or actual cases of ,,covid-#ai4 7#b7 ,the term payment means a pre-payment1 prospective payment1 or retrospective payment1 as the ,secretary determines appropriate4 #c4 ,rural health clinic payments 7a7 ,in general ,section #ahcc7;f77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciel7f77#c77 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 in clause 7i71 by striking subclauses 7,i7 and 7,,ii7 and inserting the following3 7,i7 with respect to a rural health clinic that had a per visit payment amount established for services furnished in #bjbj-- 7aa7 the per visit payment amount applicable to such rural health clinic for rural health clinic services furnished in #bjbj1 increased by the percentage increase in the ,,mei applicable to primary care services furnished as of the first day of #bjba2 or 7bb7 the limit described in paragraph 7#b77;,a72 and 7,,ii7 with respect to a rural health clinic that did not have a per visit payment amount established for services furnished in #bjbj-- 7aa7 the per visit payment amount applicable to such rural health clinic for rural health clinic services furnished in #bjba2 or 7bb7 the limit described in paragraph 7#b77;,a72 and 2 and 7,b7 in clause 7ii77,i71 by striking under clause 7i77,i7 and inserting under subclause 7,i7 or 7,,ii7 of clause 7i71 as applicable12 and 7#b7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,a rural health clinic described in this subparagraph is a rural health clinic that-- 7i7 as of ,december #ca1 #bjbj1 is in a hospital with less than #ej beds and after such date such hospital continues to have less than #ej beds 7not taking into account any increase in the number of beds pursuant to a waiver under subsection 7b77#a77;,a7 of section #aace during the emergency period described in subsection 7g77#a77;,b7 of such section72 and 7ii7 7,i7 as of ,december #ca1 #bjbj1 was enrolled under section #ahff7;j7 7including temporary enrollment during such emergency period for such emergency period72 or 7,,ii7 submitted an application to enroll under section #ahff7;j7 7or a request for such a temporary enrollment for such emergency period7 that was received not later than ,december #ca1 #bjbj4 4 7b7 ,effective date ,the amendments made by this section shall take effect as if included in the enactment of the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj74 #d4 ,rescission of appropriations for the ,coronavirus ,state ,fiscal ,recovery ,fund 7a7 ,rescission ,of the unobligated balances of amounts appropriated under section #fjb7;a77#a7 of the ,social ,security ,act 7as added by section #iija of the ,american ,rescue ,plan ,act of #bjba 7,public ,law #aag-b77 on the date of enactment of this ,act1 #ab1cjj1jjj1jjj is rescinded4 7b7 ,conforming amendments ,section #fjb of the ,social ,security ,act 7as added by section #iija of the ,american ,rescue ,plan ,act of #bjba 7,public ,law #aag-b77 is amended-- 7#a7 in subsection 7a77#a71 by striking #bai1hjj1jjj1jjj and inserting #bjg1ejj1jjj1jjj2 and 7#b7 in subsection 7b77#c77;,a71 by striking #aie1cjj1jjj1jjj and inserting #ahc1jjj1jjj1jjj4 #e4 ,individuals not lawfully present in ,united ,states precluded from #bjba recovery rebates 7a7 ,in general ,section #fdbh;,b7c7 of the ,internal ,revenue ,code of #aihf1 as added by the ,american ,rescue ,plan ,act of #bjba1 is amended by striking and at the end of paragraph 7#b71 by redesignating paragraph 7#c7 as paragraph 7#d71 and by inserting after paragraph 7#b7 the following new paragraph3 7#c7 any individual who was not lawfully present in the ,united ,states as of the date of the enactment of the ,american ,rescue ,plan ,act of #bjba1 and 4 7b7 ,effective date ,the amendments made by this section shall take effect as if included in the enactment of section #ifja of the ,american ,rescue ,plan ,act of #bjba4 #f4 ,incarcerated individuals precluded from #bjba recovery rebates 7a7 ,in general ,section #fdbh;,b7c7 of the ,internal ,revenue ,code of #aihf1 as added by the ,american ,rescue ,plan ,act of #bjba and amended by the preceding provisions of this ,act1 is amended by striking and at the end of paragraph 7#c71 by redesignating paragraph 7#d7 as paragraph 7#e71 and by inserting after paragraph 7#c7 the following new paragraph3 7#d7 any individual who was incarcerated on the date of the enactment of the ,american ,rescue ,plan ,act of #bjba1 and 4 7b7 ,effective date ,the amendments made by this section shall take effect as if included in the enactment of section #ifja of the ,american ,rescue ,plan ,act of #bjba4 #g4 ,individuals not lawfully present in ,united ,states precluded from receiving ,,cobra continuation coverage 7a7 ,in general ,section #ieja7;a77#c7 of the ,american ,rescue ,plan ,act of #bjba 7,public ,law #aag-b7 is amended-- 7#a7 in subparagraph 7,a71 by striking at the end and2 7#b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following new subparagraph3 7,c7 is lawfully present in the ,united ,states as of the date of the enactment of this ,act4 4 7b7 ,effective date ,the amendments made by subsection 7a7 shall take effect as if included in the enactment of section #ieja of the ,american ,rescue ,plan ,act of #bjba4