I
117th CONGRESS
1st Session
H. R. 722
IN THE HOUSE OF REPRESENTATIVES
February 2, 2021
Mr. Pappas introduced the following bill; which was referred to the Committee on Energy and Commerce
A BILL
To amend titles XIX and XXI of the Social Security Act to require coverage under the Medicaid program and Children’s Health Insurance Program for vaccines and treatment for COVID–19 without the imposition of cost sharing requirements, and for other purposes.
Short title
This Act may be cited as the Ensuring Vaccination and Treatment Affordability Act
.
Coverage at no cost sharing of COVID–19 vaccine and treatment
Medicaid
In general
Section 1905(a)(4) of the Social Security Act (42 U.S.C. 1396d(a)(4)) is amended—
by striking and (D)
and inserting (D)
; and
by striking the semicolon at the end and inserting ; (E) a COVID–19 vaccine licensed under section 351 of the Public Health Service Act and the administration of such vaccine; and (F) items and services furnished for the treatment of COVID–19 or a condition that may complicate the treatment of COVID–19;
.
Prohibition of cost sharing
In general
Subsections (a)(2) and (b)(2) of section 1916 of the Social Security Act (42 U.S.C. 1396o) are each amended—
in subparagraph (F), by striking or
at the end;
in subparagraph (G), by striking ; and
and inserting , or
; and
by adding at the end the following subparagraphs:
a COVID–19 vaccine licensed under section 351 of the Public Health Service Act and the administration of such vaccine, or
any item or service furnished for the treatment of COVID–19 or a condition that may complicate the treatment of COVID–19; and
.
Application to alternative cost sharing
Section 1916A(b)(3)(B) of the Social Security Act (42 U.S.C. 1396o–1(b)(3)(B)) is amended—
in clause (xi), by striking any visit
and inserting any service
; and
by adding at the end the following clauses:
A COVID–19 vaccine licensed under section 351 of the Public Health Service Act and the administration of such vaccine.
An item or service furnished for the treatment of COVID–19 or a condition that may complicate the treatment of COVID–19.
.
Clarification
The amendments made this subsection shall apply with respect to a State plan of a territory in the same manner as a State plan of one of the 50 States.
State pediatric vaccine distribution program
Section 1928 of the Social Security Act (42 U.S.C. 1396s) is amended—
in subsection (a)(1)—
in subparagraph (A), by striking ; and
and inserting a semicolon;
in subparagraph (B), by striking the period and inserting ; and
; and
by adding at the end the following subparagraph:
each vaccine-eligible child (as defined in subsection (b)) is entitled to receive a COVID–19 vaccine from a program-registered provider (as defined in subsection (h)(8)) without charge for—
the cost of such vaccine; or
the administration of such vaccine.
;
in subsection (c)(2)—
in subparagraph (C)(ii), by inserting , but may not impose a fee for the administration of a COVID–19 vaccine
before the period; and
by adding at the end the following subparagraph:
The provider will provide and administer an approved COVID–19 vaccine to a vaccine-eligible child in accordance with the same requirements as apply under the preceding subparagraphs to the provision and administration of a qualified pediatric vaccine to such a child.
; and
in subsection (d)(1), in the first sentence, by inserting , including with respect to a COVID–19 vaccine licensed under section 351 of the Public Health Service Act
before the period.
CHIP
In general
Section 2103(c) of the Social Security Act (42 U.S.C. 1397cc(c)) is amended by adding at the end the following paragraph:
Coverage of COVID–19 vaccines and treatment
The child health assistance provided to a targeted low-income child shall include coverage of—
any COVID–19 vaccine licensed under section 351 of the Public Health Service Act and the administration of such vaccine; and
any item or service furnished for the treatment of COVID–19 or a condition that may complicate the treatment of COVID–19.
.
Prohibition of cost sharing
Section 2103(e)(2) of the Social Security Act (42 U.S.C. 1397cc(e)(2)), as amended by section 6004(b)(3) of the Families First Coronavirus Response Act, is amended—
in the paragraph header, by inserting a COVID–19 vaccine, COVID–19 treatment,
before or pregnancy-related assistance
; and
by striking visits described in section 1916(a)(2)(G), or
and inserting services described in section 1916(a)(2)(G), vaccines described in section 1916(a)(2)(H), items or services described in section 1916(a)(2)(I), or
.
Conforming amendments
Section 1937 of the Social Security Act (42 U.S.C. 1396u–7) is amended—
in subsection (a)(1)(B), by inserting , under subclause (XXIII) of section 1902(a)(10)(A)(ii),
after section 1902(a)(10)(A)(i)
; and
in subsection (b)(5), by adding before the period the following: , and, effective on the date of the enactment of the Ensuring Vaccination and Treatment Affordability Act, must comply with subparagraphs (F) through (I) of subsections (a)(2) and (b)(2) of sections 1916 and 1916A
.
Effective date
The amendments made by this section shall take effect on the date of enactment of this Act and shall apply with respect to a COVID–19 vaccine beginning on the date that such vaccine is licensed under section 351 of the Public Health Service Act (42 U.S.C. 262).
