Further Continuing Appropriations Act, 2021, and Other Extensions Act
This bill provides continuing FY2021 appropriations to federal agencies through December 18, 2020, and extends several expiring health programs.
DIVISION A--FURTHER CONTINUING APPROPRIATIONS ACT, 2021
Further Continuing Appropriations Act, 2021
This division provides continuing FY2021 appropriations to federal agencies through December 18, 2020.
It is known as a continuing resolution (CR) and prevents a government shutdown that would otherwise occur if the FY2021 appropriations bills have not been enacted when the existing CR expires on December 11, 2020.
DIVISION B--HEALTH EXTENDERS
TITLE I--MEDICARE AND MEDICAID EXTENDERS
(Sec. 1101) This section extends certain minimum adjustments to the work geographic index with respect to the payment of physician services under Medicare.
(Sec. 1102) This section extends funding for state health insurance programs, area agencies on aging, aging and disability resource centers, and technical assistance related to outreach and enrollment with respect to Medicare and other programs.
(Sec. 1103) This section extends funding for certain Medicare quality-measurement activities.
(Sec. 1104) This section extends the Medicaid demonstration program for certified community behavioral health clinics.
(Sec. 1105) This section extends the applicability of Medicaid eligibility criteria that protect against spousal impoverishment for recipients of home- and community-based services.
(Sec. 1106) This section delays certain reductions to Medicaid disproportionate-share hospital allotments.
(Sec. 1107) This section extends the Money Follows the Person Rebalancing Demonstration Program. (Under this program, the Centers for Medicare & Medicaid Services (CMS) may award grants to state Medicaid programs to assist states in increasing the use of home and community care for long-term care and decreasing the use of institutional care.)
TITLE II--PUBLIC HEALTH EXTENDERS AND FOOD AND DRUG ADMINISTRATION PROVISIONS
Subtitle A--Public Health Extenders
(Sec. 1201) This section extends funding for specified programs for community health centers; teaching health centers that operate graduate medical education programs; and the National Health Service Corps, which provides scholarships and student loan repayment programs for health care workers.
(Sec. 1202) This section extends funding for research grants to prevent and cure Type I diabetes and grants for services to prevent and treat diabetes among Native Americans.
(Sec. 1203) This section extends funding for certain grants for states to educate adolescents on the prevention of pregnancy and sexually transmitted infections.
Subtitle B--Food and Drug Administration Provisions
(Sec. 1211) This section extends the authority of the Food and Drug Administration to designate a rare pediatric disease drug application as eligible for a priority review voucher.
TITLE III--OFFSETS
(Sec. 1301) This section requires the CMS to share Medicare Advantage (MA) and Medicare prescription drug benefit enrollment information with liability insurers in response to Medicare secondary payer inquiries. Specifically, the CMS must share whether the claimant who is the subject of the inquiry was entitled to Medicare benefits during the preceding three-year period on any basis, and must also share the plan name and address of any MA or prescription drug benefit plan in which the claimant was enrolled.
(Sec. 1302) This section requires the Drug Enforcement Administration (DEA) to revise regulations that allow a practitioner to administer narcotic drugs to a person for purposes of relieving acute withdrawal symptoms while the person awaits arrangements for narcotic treatment. The regulations currently authorize up to a one-day supply of narcotic drugs at one time, for a total of up to three days.
The DEA must revise these regulations so as to allow a practitioner to dispense up to a three-day supply of narcotic drugs to one person or for one person's use at one time for the purpose of initiating maintenance treatment or detoxification treatment, or both.
(Sec. 1303) This section increases the funds available to the Medicaid Improvement Fund for state activities relating to mechanized claims systems beginning in FY2025.
TITLE IV--BUDGETARY EFFECTS
(Sec. 1401) This section exempts the budgetary effects of this division from (1) the Statutory Pay-As-You-Go Act of 2010 (PAYGO), (2) the Senate PAYGO rule, and (3) certain budget scorekeeping rules.
[116th Congress Public Law 215]
[From the U.S. Government Publishing Office]
[[Page 134 STAT. 1041]]
Public Law 116-215
116th Congress
An Act
Making further continuing appropriations for fiscal year 2021, and for
other purposes. <<NOTE: Dec. 11, 2020 - [H.R. 8900]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Further
Continuing Appropriations Act, 2021, and Other Extensions Act.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Further Continuing Appropriations
Act, 2021, and Other Extensions Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
DIVISION A--FURTHER CONTINUING APPROPRIATIONS ACT, 2021
DIVISION B--HEALTH EXTENDERS
Title I--Medicare and Medicaid Extenders
Title II--Public Health Extenders and Food and Drug Administration
Provisions
Title III--Offsets
Title IV--Budgetary Effects
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
DIVISION A <<NOTE: Further Continuing Appropriations Act, 2021.>> --
FURTHER CONTINUING APPROPRIATIONS ACT, 2021
Sec. 101. The Continuing Appropriations Act, 2021 (division A of
Public Law 116-159) <<NOTE: Ante, p. 711.>> is amended by striking the
date specified in section 106(3) and inserting ``December 18, 2020''.
This division may be cited as the ``Further Continuing
Appropriations Act, 2021''.
[[Page 134 STAT. 1042]]
DIVISION B--HEALTH EXTENDERS
TITLE I--MEDICARE AND MEDICAID EXTENDERS
SEC. 1101. EXTENSION OF THE WORK GEOGRAPHIC INDEX FLOOR UNDER THE
MEDICARE PROGRAM.
Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C. 1395w-
4(e)(1)(E)), as amended by section 3801 of the CARES Act (Public Law
116-136) and section 2201 of the Continuing Appropriations Act, 2021 and
Other Extensions Act (Public Law 116-159), is amended by striking
``December 12, 2020'' and inserting ``December 19, 2020''.
SEC. 1102. EXTENSION OF FUNDING OUTREACH AND ASSISTANCE FOR LOW-
INCOME PROGRAMS.
(a) State Health Insurance Programs.--Subsection (a)(1)(B)(xi) of
section 119 of the Medicare Improvements for Patients and Providers Act
of 2008 (42 U.S.C. 1395b-3 note), as amended by section 3306 of the
Patient Protection and Affordable Care Act (Public Law 111-148), section
610 of the American Taxpayer Relief Act of 2012 (Public Law 112-240),
section 1110 of the Pathway for SGR Reform Act of 2013 (Public Law 113-
67), section 110 of the Protecting Access to Medicare Act of 2014
(Public Law 113-93), section 208 of the Medicare Access and CHIP
Reauthorization Act of 2015 (Public Law 114-10), section 50207 of
division E of the Bipartisan Budget Act of 2018 (Public Law 115-123),
section 1402 of division B of the Continuing Appropriations Act, 2020,
and Health Extenders Act of 2019 (Public Law 116-59), section 1402 of
division B of the Further Continuing Appropriations Act, 2020, and
Further Health Extenders Act of 2019 (Public Law 116-69), section 103 of
division N of the Further Consolidated Appropriations Act, 2020 (Public
Law 116-94), section 3803 of the CARES Act (Public Law 116-136), and
section 2203 of the Continuing Appropriations Act, 2021 and Other
Extensions Act (Public Law 116-159), is amended by striking ``December
11'' and inserting ``December 18''.
(b) Area Agencies on Aging.--Subsection (b)(1)(B)(xi) of such
section 119, as so amended, is amended by striking ``December 11'' and
inserting ``December 18''.
(c) Aging and Disability Resource Centers.--Subsection (c)(1)(B)(xi)
of such section 119, as so amended, is amended by striking ``December
11'' and inserting ``December 18''.
(d) Contract With the National Center for Benefits and Outreach
Enrollment.--Subsection (d)(2)(xi) of such section 119, as so amended,
is amended by striking ``December 11'' and inserting ``December 18''.
SEC. 1103. EXTENSION OF FUNDING FOR QUALITY MEASURE ENDORSEMENT,
INPUT, AND SELECTION.
Section 1890(d)(2) of the Social Security Act (42 U.S.C.
1395aaa(d)(2)) is amended by striking ``December 11'' each place such
phrase appears and inserting ``December 18'' in each such place.
[[Page 134 STAT. 1043]]
SEC. 1104. EXTENSION OF COMMUNITY MENTAL HEALTH SERVICES
DEMONSTRATION PROGRAM.
Section 223(d)(3) of the Protecting Access to Medicare Act of 2014
(42 U.S.C. 1396a note), as amended by Public Law 116-159, is amended by
striking ``December 11'' and inserting ``December 18''.
SEC. 1105. EXTENSION OF SPOUSAL IMPOVERISHMENT PROTECTIONS.
(a) In General.--Section 2404 of the Patient Protection and
Affordable Care Act (42 U.S.C. 1396r-5 note), as amended by Public Law
116-159, is amended by striking ``December 11'' and inserting ``December
18''.
(b) <<NOTE: 42 USC 1396a note.>> Rule of Construction.--Nothing in
section 2404 of Public Law 111-148 (42 U.S.C. 1396r-5 note) or section
1902(a)(17) or 1924 of the Social Security Act (42 U.S.C. 1396a(a)(17),
1396r-5) shall be construed as prohibiting a State from--
(1) applying an income or resource disregard under a
methodology authorized under section 1902(r)(2) of such Act (42
U.S.C. 1396a(r)(2))--
(A) to the income or resources of an individual
described in section 1902(a)(10)(A)(ii)(VI) of such Act
(42 U.S.C. 1396a(a)(10)(A)(ii)(VI)) (including a
disregard of the income or resources of such
individual's spouse); or
(B) on the basis of an individual's need for home
and community-based services authorized under subsection
(c), (d), (i), or (k) of section 1915 of such Act (42
U.S.C. 1396n) or under section 1115 of such Act (42
U.S.C. 1315); or
(2) disregarding an individual's spousal income and assets
under a plan amendment to provide medical assistance for home
and community-based services for individuals by reason of being
determined eligible under section 1902(a)(10)(C) of such Act (42
U.S.C. 1396a(a)(10)(C)) or by reason of section 1902(f) of such
Act (42 U.S.C. 1396a(f)) or otherwise on the basis of a
reduction of income based on costs incurred for medical or other
remedial care under which the State disregarded the income and
assets of the individual's spouse in determining the initial and
ongoing financial eligibility of an individual for such services
in place of the spousal impoverishment provisions applied under
section 1924 of such Act (42 U.S.C. 1396r-5).
SEC. 1106. EXTENSION OF DELAY OF DSH REDUCTIONS.
Section 1923(f)(7) of the Social Security Act (42 U.S.C. 1396r-
4(f)(7)(A)) is amended by striking ``December 12'' each place such
phrase appears and inserting ``December 19'' in each such place.
SEC. 1107. EXTENSION OF MONEY FOLLOWS THE PERSON.
Section 6071(h)(1)(H) of the Deficit Reduction Act of 2005 (42
U.S.C. 1396a note) is amended by striking ``December 11'' and inserting
``December 18''.
[[Page 134 STAT. 1044]]
TITLE II--PUBLIC HEALTH EXTENDERS AND FOOD AND DRUG ADMINISTRATION
PROVISIONS
Subtitle A--Public Health Extenders
SEC. 1201. EXTENDING FUNDING FOR COMMUNITY HEALTH CENTERS,
NATIONAL HEALTH SERVICE CORPS, AND
TEACHING HEALTH CENTER GME.
(a) Community Health Centers.--Section 10503(b)(1)(F) of the Patient
Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(1)(F)) is
amended--
(1) by striking ``$789,041,096'' and inserting
``$865,753,425''; and
(2) by striking ``December 11, 2020'' and inserting
``December 18, 2020''.
(b) National Health Service Corps.--Section 10503(b)(2)(H) of the
Patient Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(2)(H))
is amended--
(1) by striking ``$61,150,685'' and inserting
``$67,095,890''; and
(2) by striking ``December 11, 2020'' and inserting
``December 18, 2020''.
(c) Teaching Health Centers That Operate Graduate Medical Education
Programs.--Section 340H(g)(1) of the Public Health Service Act (42
U.S.C. 256h(g)(1)) is amended--
(1) by striking ``$24,953,425'' and inserting
``$27,379,452''; and
(2) by striking ``December 11, 2020'' and inserting
``December 18, 2020''.
(d) <<NOTE: Time period.>> Application of Provisions.--Amounts
appropriated pursuant to the amendments made by this section for the
period beginning on December 11, 2020, and ending on December 18, 2020,
shall be subject to the requirements contained in Public Law 116-94 for
funds for programs authorized under sections 330 through 340 of the
Public Health Service Act.
(e) Conforming Amendments.--Paragraph (4) of section 3014(h) of
title 18, United States Code, as amended by section 3831(e) of the CARES
Act (Public Law 116-136), is amended--
(1) by striking ``Social Services Act,,'' and inserting
``Social Services Act,''; and
(2) by striking ``and section 2101 of the Continuing
Appropriations Act, 2021 and Other Extensions Act'' and
inserting ``section 2101 of the Continuing Appropriations Act,
2021 and Other Extensions Act, and section 1201(d) of the
Further Continuing Appropriations Act, 2021, and Other
Extensions Act''.
SEC. 1202. DIABETES PROGRAMS.
(a) Special Diabetes Programs for Type I Diabetes.--Section
330B(b)(2)(D) of the Public Health Service Act (42 U.S.C. 254c-
2(b)(2)(D)) is amended--
(1) by striking ``$29,589,042'' and inserting
``$32,465,753''; and
(2) by striking ``December 11, 2020'' and inserting
``December 18, 2020''.
[[Page 134 STAT. 1045]]
(b) Special Diabetes Programs for Indians.--Section 330C(c)(2)(D) of
the Public Health Service Act (42 U.S.C. 254c-3(c)(2)(D)) is amended--
(1) by striking ``$29,589,042'' and inserting
``$32,465,753''; and
(2) by striking ``December 11, 2020'' and inserting
``December 18, 2020''.
SEC. 1203. PERSONAL RESPONSIBILITY EDUCATION; SEXUAL RISK
AVOIDANCE EDUCATION.
(a) Sexual Risk Avoidance Education.--Section 510 of the Social
Security Act (42 U.S.C. 710) is amended by striking ``December 11,
2020'' each place it appears and inserting ``December 18, 2020''.
(b) Personal Responsibility Education.--Section 513 of the Social
Security Act (42 U.S.C. 713) is amended by striking ``December 11,
2020'' each place it appears and inserting ``December 18, 2020''.
Subtitle B--Food and Drug Administration Provisions
SEC. 1211. RARE PEDIATRIC DISEASE PRIORITY REVIEW VOUCHER
EXTENSION.
Section 529(b)(5) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360ff(b)(5)) is amended--
(1) by striking ``December 11, 2020'' each place it appears
and inserting ``December 18, 2020''; and
(2) in subparagraph (B), by striking ``December 11, 2022''
and inserting ``December 18, 2022''.
TITLE III--OFFSETS
SEC. 1301. TRANSPARENCY OF MEDICARE SECONDARY PAYER REPORTING
INFORMATION.
Section 1862(b)(8)(G) of the Social Security Act (42 U.S.C.
395y(b)(8)(G)) is amended--
(1) by striking ``information.--The Secretary'' and
inserting ``information.--
``(i) In general.--The Secretary''; and
(2) by adding at the end the following new clause:
``(ii) <<NOTE: Time period.>> Specified
information.--In responding to any query made on
or after the date that is 1 year after the date of
the enactment of this clause from an applicable
plan related to a determination described in
subparagraph (A)(i), the Secretary,
notwithstanding any other provision of law, shall
provide to such applicable plan--
``(I) <<NOTE: Time period.>>
whether a claimant subject to the query
is, or during the preceding 3-year
period has been, entitled to benefits
under the program under this title on
any basis; and
``(II) to the extent applicable, the
plan name and address of any Medicare
Advantage plan under part C and any
prescription drug plan under
[[Page 134 STAT. 1046]]
part D in which the claimant is enrolled
or has been enrolled during such
period.''.
SEC. 1302. <<NOTE: 21 USC 829 note.>> DISPENSATION OF NARCOTIC
DRUGS FOR THE PURPOSE OF RELIEVING ACUTE
WITHDRAWAL SYMPTOMS FROM OPIOID USE
DISORDER.
Not <<NOTE: Deadline. Regulations.>> later than 180 days after the
date of enactment of this Act, the Attorney General shall revise section
1306.07(b) of title 21, Code of Federal Regulations, so that
practitioners, in accordance with applicable State, Federal, or local
laws relating to controlled substances, are allowed to dispense not more
than a three-day supply of narcotic drugs to one person or for one
person's use at one time for the purpose of initiating maintenance
treatment or detoxification treatment (or both).
SEC. 1303. MEDICAID IMPROVEMENT FUND.
Section 1941(b)(3)(A) of the Social Security Act (42 U.S.C 1396w-
1(b)(3)(A)) is amended by striking ``$3,446,000,000'' and inserting
``$3,464,000,000''.
TITLE IV--BUDGETARY EFFECTS
SEC. 1401. BUDGETARY EFFECTS.
(a) Statutory PAYGO Scorecards.--The budgetary effects of this
division shall not be entered on either PAYGO scorecard maintained
pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
(b) Senate PAYGO Scorecards.--The budgetary effects of this division
shall not be entered on any PAYGO scorecard maintained for purposes of
section 4106 of H. Con. Res. 71 (115th Congress).
(c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of
the Budget Scorekeeping Guidelines set forth in the joint explanatory
statement of the committee of conference accompanying Conference Report
105-217 and section 250(c)(8) of the Balanced Budget and Emergency
Deficit Control Act of 1985, the budgetary effects of this division
shall not be estimated--
(1) for purposes of section 251 of such Act; and
[[Page 134 STAT. 1047]]
(2) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
Approved December 11, 2020.
LEGISLATIVE HISTORY--H.R. 8900:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 166 (2020):
Dec. 9, considered and passed House.
Dec. 11, considered and passed Senate.
<all>
Referred to the Committee on Appropriations, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Appropriations, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Ms. DeLauro moved to suspend the rules and pass the bill.
Considered under suspension of the rules. (consideration: CR H7062-7066)
DEBATE - The House proceeded with forty minutes of debate on H.R. 8900.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H7092-7093)
Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 343 - 67 (Roll no. 240).
Roll Call #240 (House)On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 343 - 67 (Roll no. 240). (text: CR H7062-7064)
Enacted as Public Law 116-215
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Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate, read twice.
Passed/agreed to in Senate: Passed Senate without amendment by Voice Vote.(consideration: CR S7443-7444)
Passed Senate without amendment by Voice Vote. (consideration: CR S7443-7444)
Message on Senate action sent to the House.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 116-215.
Became Public Law No: 116-215.