POLICY BRIEFINGS

HRSA to Delay PRF Recoupment, Allow More Time for Reporting

The Health Resources and Services Administration (HRSA) recently announced on its website that it will delay its recoupment of money from certain Provider Relief Fund (PRF) recipients who failed to meet certain required reporting deadlines and provide a new opportunity to submit financial information and other details to retain the funds. Providers who received $10,000 or more in COVID-19 relief in a roughly six-month period are required to submit certain financial information and details on how they used the relief funds. The first reporting deadline was November 30, 2021, applied to relief received before June 30, 2020. Providers have 30 days after the reporting deadline to return unused funds; those who missed the deadline have 30 days after the final notice to return all the relief. HRSA’s latest announcement will provide an opportunity for non-compliant providers to complete a report as a result of specific extenuating circumstances. Providers will be able to submit a Request to Report Late Due to Extenuating Circumstances for Reporting Period 1 from Monday, April 11 to Friday, April 22, 2022, at 11:59 p.m. ET. The Request Form will be available starting on April 11, 2022. As part of the process, a provider must indicate and attest to a clear and concise explanation related to the applicable extenuating circumstance (i.e., severe illness or death, impacted by natural disaster, lack of receipt of reporting communications, failure to click “Submit”, internal miscommunication or error, or incomplete Targeted Distribution payments); however, supporting documentation will not be required. HRSA notes that providers should visit this webpage for additional information.

Administration to Cover OTC COVID Tests Under Medicare

The Biden administration has announced that Medicare will now cover over-the-counter COVID-19 tests at no cost to the beneficiary through a new national demonstration program that will provide eight rapid tests per month during the public health emergency for Medicare beneficiaries with Part B drug coverage. The administration is using Section 402 waiver authority to conduct the demonstration. More information on the new initiative can be found here.

Recently Introduced Health Legislation

H.R.7370 — To direct the Secretary of Education to study student mental health at institutions of higher education and to issue guidance on compliance with the Americans with Disabilities Act of 1990 for mental health and substance use disorder policies of institutions of higher education, and for other purposes. Sponsor: Rep. Porter, Katie [D-CA-45]; Committees: House - Education and Labor

H.R.7359 — To amend the Public Health Service Act to provide the Secretary of Health and Human Services with the authority to suspend the right to introduce certain persons or property into the United States in the interest of the public health. Sponsor: Rep. DesJarlais, Scott [R-TN-4]; Committees: House - Energy and Commerce

H.R.7358 — To amend the Federal Food, Drug, and Cosmetic Act to apply the exempt infant formula requirements to certain human donor milk, and for other purposes. Sponsor: Rep. DeLauro, Rosa L. [D-CT-3]; Committees: House - Energy and Commerce S.Res.576 — A resolution supporting the goals and ideals of National Public Health Week; Sponsor: Sen. Lujan, Ben Ray [D-NM]; Committees: Senate - Health, Education, Labor, and Pensions

H.Res.1027 — Supporting the goals and ideals of National Public Health Week; Sponsor: Rep. Roybal-Allard, Lucille [D- CA-40]; Committees: House - Energy and Commerce

H.R.7377 — To amend the Federal Food, Drug, and Cosmetic Act to modernize therapeutic equivalence rating determinations; Sponsor: Rep. Curtis, John R. [R-UT-3]; Committees: House - Energy and Commerce

H.R.7378 — To amend title XIX of the Social Security Act to make permanent the State plan amendment option to provide medical assistance for certain individuals who are patients in certain institutions for mental diseases, and for other purposes; Sponsor: Rep. Burgess, Michael C. [R-TX-26]; Committees: House - Energy and Commerce

H.R.7383 — To establish a program ensuring access to accredited continuing medical education for primary care physicians and other health care providers at Federally-qualified health centers and rural health clinics, to provide training and clinical support for primary care providers to practice at their full scope and improve access to care for patients in underserved areas; Sponsor: Rep. Lee, Susie [D-NV-3]; Committees: House - Energy and Commerce

H.R.7389 — To amend title XIX of the Social Security Act to codify value-based purchasing arrangements under the Medicaid program and reforms related to price reporting under such arrangements, and for other purposes; Sponsor: Rep. Schrader, Kurt [D-OR-5]; Committees: House - Energy and Commerce

S.3991 — A bill to direct the Secretary of Health and Human Services to conduct a demonstration program to test providing preferential treatment under the Medicare, Medicaid, and CHIP programs for certain drugs and biologicals manufactured in the United States; Sponsor: Sen. Smith, Tina [D-MN]; Committees: Senate – Finance

S.3998 — A bill to clarify the inability of the President to declare national emergencies under the National Emergencies Act, major disasters or emergencies under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, and public health emergencies under the Public Health Service Act on the premise of climate change, and for other purposes; Sponsor: Sen. Capito, Shelley Moore [R-WV]; Committees: Senate - Environment and Public Works

S.4007 — A bill to require the Attorney General to propose a program for making treatment for post-traumatic stress disorder and acute stress disorder available to public safety officers, and for other purposes; Sponsor: Sen. Grassley, Chuck [R-IA]; Committees: Senate – Judiciary

H.R.7400 — To direct the Secretary of Health and Human Services to conduct a demonstration program to test providing preferential treatment under the Medicare, Medicaid, and CHIP programs for certain drugs and biologicals manufactured in the United States; Sponsor: Rep. Craig, Angie [D-MN-2]; Committees: House - Energy and Commerce; Ways and Means

H.R.7404 — To clarify the authority of the President to declare certain national emergencies under the National Emergencies Act, certain major disasters or emergencies under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, or public health emergencies under the Public Health Service Act on the premise of climate change, and for other purposes; Sponsor: Rep. McKinley, David B. [R-WV-1]; Committees: House - Transportation and Infrastructure; Energy and Commerce

H.R.7406 — To amend the Workforce Innovation and Opportunity Act to update the definition of supportive services, and for other purposes; Sponsor: Rep. Omar, Ilhan [D-MN-5]; Committees: House - Education and Labor

H.R.7410 — To amend the Internal Revenue Code of 1986 to provide for credits against tax for domestic medical and drug manufacturing and advanced medical manufacturing equipment; Sponsor: Rep. Wenstrup, Brad R. [R-OH-2]; Committees: House - Ways and Means

S.Res.577 — A resolution designating April 2022 as “Parkinson’s Awareness Month”; Sponsor: Sen. Stabenow, Debbie [D- MI]; Committees: Senate – Judiciary

S.4009 — A bill to amend title XVIII of the Social Security Act to rebase the calculation of payments for sole community hospitals and Medicare-dependent hospitals, and for other purposes; Sponsor: Sen. Casey, Robert P., Jr. [D-PA]; Committees: Senate – Finance

S.4011 — A bill to amend title XVIII of the Social Security Act to provide for a cap on beneficiary liability under part D of the Medicare program, and for other purposes; Sponsor: Sen. Warnock, Raphael G. [D-GA]; Committees: Senate – Finance

S.4014 — A bill to authorize the Director of the National Science Foundation to award grants to support research on the disruption of regular cognitive processes associated with COVID-19 infection, and for other purposes; Sponsor: Sen. Duckworth, Tammy [D-IL]; Committees: Senate - Health, Education, Labor, and Pensions

S.4015 — A bill to authorize the Secretary of Health and Human Services to award grants to eligible entities for creating or enhancing capacity to treat patients with Long COVID through a multidisciplinary approach; Sponsor: Sen. Duckworth, Tammy [D-IL]; Committees: Senate - Health, Education, Labor, and Pensions

H.Res.1041 — Supporting the designation of July 20, 2022, as “Glioblastoma Awareness Day”; Sponsor: Rep. Mast, Brian J. [R-FL-18]; Committees: House - Energy and Commerce

H.R.7414 — To amend chapter 73 of title 38, United States Code, to direct the Secretary of Veterans Affairs to establish a rural recruitment office within the Department of Veterans Affairs to recruit health care professionals, and for other purposes; Sponsor: Rep. Huffman, Jared [D-CA-2]; Committees: House - Veterans’ Affairs

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