This bill makes several budgetary and technical changes to provisions under Medicare and Medicaid.
The bill continues to exempt Medicare from sequestration until December 31, 2021. (Sequestration is a process of automatic, usually across-the-board spending reductions under which budgetary resources are permanently cancelled to enforce specific budget policy goals.)
The bill also specifically
[117th Congress Public Law 7]
[From the U.S. Government Publishing Office]
[[Page 135 STAT. 251]]
Public Law 117-7
117th Congress
An Act
To prevent across-the-board direct spending cuts, and for other
purposes. <<NOTE: Apr. 14, 2021 - [H.R. 1868]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. EXTENSION OF TEMPORARY SUSPENSION OF MEDICARE
SEQUESTRATION.
(a) Extension.--
(1) In general.--Section 3709(a) of division A of the CARES
Act (2 U.S.C. 901a note) is amended by striking ``March 31,
2021'' and inserting ``December 31, 2021''.
(2) <<NOTE: 2 USC 901a note.>> Effective date.--The
amendment made by paragraph (1) shall take effect as if enacted
as part of the CARES Act (Public Law 116-136).
(b) Offset.--Section 251A(6)(C) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 901a(6)(C)) is amended--
(1) in clause (i)--
(A) by striking ``first 6 months'' and inserting
``first 5 \1/2\ months'';
(B) by striking ``4.0 percent'' and inserting ``2.0
percent''; and
(C) by striking ``and'' at the end;
(2) in clause (ii)--
(A) by striking ``second 6 months'' and inserting
``6-month period beginning on the day after the last day
of the period described in clause (i)''; and
(B) by striking ``0.0 percent.'' and inserting ``4.0
percent; and''; and
(3) by adding at the end the following:
``(iii) with respect to the remaining \1/2\ month in
which such order is so effective for such fiscal year,
the payment reduction shall be 0.0 percent.''.
SEC. 2. TECHNICAL CORRECTIONS.
(a) Rural Health Clinic Payments.--
(1) In general.--Section 1833(f)(3) of the Social Security
Act (42 U.S.C. 1395l(f)(3)) is amended--
(A) in subparagraph (A)--
(i) in clause (i), by striking subclauses (I)
and (II) and inserting the following:
``(I) with respect to a rural health clinic
that had a per visit payment amount established
for services furnished in 2020--
[[Page 135 STAT. 252]]
``(aa) the per visit payment amount
applicable to such rural health clinic
for rural health clinic services
furnished in 2020, increased by the
percentage increase in the MEI
applicable to primary care services
furnished as of the first day of 2021;
or
``(bb) the limit described in
paragraph (2)(A); and
``(II) with respect to a rural health clinic
that did not have a per visit payment amount
established for services furnished in 2020--
``(aa) the per visit payment amount
applicable to such rural health clinic
for rural health clinic services
furnished in 2021; or
``(bb) the limit described in
paragraph (2)(A); and''; and
(ii) in clause (ii)(I), by striking ``under
clause (i)(I)'' and inserting ``under subclause
(I) or (II) of clause (i), as applicable,''; and
(B) by striking subparagraph (B) and inserting the
following:
``(B) A rural health clinic described in this subparagraph is a
rural health clinic that--
``(i) as of December 31, 2020, was in a hospital with less
than 50 beds and after such date such hospital continues to have
less than 50 beds (not taking into account any increase in the
number of beds pursuant to a waiver under subsection (b)(1)(A)
of section 1135 during the emergency period described in
subsection (g)(1)(B) of such section); and
``(ii)(I) as of December 31, 2020, was enrolled under
section 1866(j) (including temporary enrollment during such
emergency period for such emergency period); or
``(II) submitted an application for enrollment under section
1866(j) (or a request for such a temporary enrollment for such
emergency period) that was received not later than December 31,
2020.''.
(2) <<NOTE: 42 USC 1395l note.>> Effective date.--The
amendments made by this subsection shall take effect as if
included in the enactment of the Consolidated Appropriations
Act, 2021 (Public Law 116-260).
(b) <<NOTE: 42 USC 1396r-4 note.>> Additional Amount for Certain
Hospitals With High Disproportionate Share.--Effective as if included in
the enactment of section 203(a) of title II of division CC of Public Law
116-260, subsection (g) of section 1923 of the Social Security Act (42
U.S.C. 1396r-4), as amended by such section, is amended by adding at the
end the following:
``(3) Continued application of grandfathered transition
rule.--Notwithstanding paragraph (2) of this subsection (as in
effect on October 1, 2021), paragraph (2) of this subsection (as
in effect on September 30, 2021, and as applied under section
4721(e) of the Balanced Budget Act of 1997, and amended by
section 607 of the Medicare, Medicaid, and SCHIP Balanced Budget
Refinement Act of 1999 (Public Law 106-113)) shall apply in
determining whether a payment adjustment for a hospital in a
State referenced in section 4721(e) of the
[[Page 135 STAT. 253]]
Balanced Budget Act of 1997 during a State fiscal year shall be
considered consistent with subsection (c).''.
Approved April 14, 2021.
LEGISLATIVE HISTORY--H.R. 1868:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 167 (2021):
Mar. 19, considered and passed House.
Mar. 25, considered and passed Senate, amended.
Apr. 13, House concurred in Senate amendment.
<all>
On passage Passed by the Yeas and Nays: 246 - 175 (Roll no. 96). (text: CR H1589-1590)
Roll Call #96 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.
Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 31.
Measure laid before Senate by unanimous consent. (consideration: CR S1800-1804)
Passed/agreed to in Senate: Passed Senate, having achieved 60 votes in the affirmative, with an amendment by Yea-Nay Vote. 90 - 2. Record Vote Number: 142.(text of amendment in the nature of a substitute: CR S1801-1802)
Roll Call #142 (Senate)Passed Senate, having achieved 60 votes in the affirmative, with an amendment by Yea-Nay Vote. 90 - 2. Record Vote Number: 142. (text of amendment in the nature of a substitute: CR S1801-1802)
Roll Call #142 (Senate)Message on Senate action sent to the House.
Enacted as Public Law 117-7
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Mr. Yarmuth moved that the House suspend the rules and concur in the Senate amendment. (consideration: CR H1729-1733)
DEBATE - The House proceeded with forty minutes of debate on the motion to suspend the rules and concur in the Senate amendment to H.R. 1868.
Resolving differences -- House actions: On motion that the House suspend the rules and agree to the Senate amendment Agreed to by the Yeas and Nays: (2/3 required): 384 - 38 (Roll no. 98).(text: CR H1729-1730)
Roll Call #98 (House)On motion that the House suspend the rules and agree to the Senate amendment Agreed to by the Yeas and Nays: (2/3 required): 384 - 38 (Roll no. 98). (text: CR H1729-1730)
Roll Call #98 (House)Motion to reconsider laid on the table Agreed to without objection.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 117-7.
Became Public Law No: 117-7.