HME-Related language in COVID-19 Stimulus Legislation (HR 748)

Non-Bid Area Relief (Rural and Non-Rural)

SEC. 3712. REVISING PAYMENT RATES FOR DURABLE MEDICAL EQUIPMENT UNDER THE MEDICARE PROGRAM THROUGH DURATION OF EMERGENCY PERIOD. 

(a) RURAL AND NONCONTIGUOUS AREAS.—The Secretary of Health and Human Services shall implement section 414.210(g)(9)(iii) of title 42, Code of Federal Regulations (or any successor regulation), to apply the transition rule described in such section to all applicable items and services furnished in rural areas and noncontiguous areas (as such terms are defined for purposes of such section) as planned through December 31, 2020, and through the duration of the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b–5(g)(1)(B)), if longer.

(b) AREAS OTHER THAN RURAL AND NONCONTIGUOUS AREAS.—With respect to items and services furnished on or after the date that is 30 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall apply section 414.210(g)(9)(iv) of title 42, Code of Federal Regulations (or any successor regulation), as if the reference to ‘‘dates of service from June 1, 2018 through December 31, 2020, based on the fee schedule amount for the area is equal to 100 percent of the adjusted payment amount established under this section’’ were instead a reference to ‘‘dates of service from March 6, 2020, through the remainder of the duration of the emergency period described in section 1135(g)(1)(B)  of the Social Security Act (42 U.S.C. 1320b–5(g)(1)(B)), based on the fee schedule amount for the area is equal to 75 percent of the adjusted payment amount established under this section and 25 percent of the unadjusted fee schedule amount’’

Temporary Elimination of 2% Medicare Sequester Cuts

SEC. 3709. ADJUSTMENT OF SEQUESTRATION.

(a) TEMPORARY SUSPENSION OF MEDICARE SEQUESTRATION.—During the period beginning on May 1, 2020 and ending on December 31, 2020, the Medicare programs under title XVIII of the Social Security Act (42 15 U.S.C. 1395 et seq.) shall be exempt from reduction under any sequestration order issued before, on, or after the date of enactment of this Act.

(b) EXTENSION OF DIRECT SPENDING REDUCTIONS THROUGH FISCAL YEAR 2030.—Section 251A(6) of the Balanced Budget and Emergency Deficit Control Act of 21 1985 (2 U.S.C. 901a(6)) is amended—
(1) in subparagraph (B), in the matter preceding clause (i), by striking ‘‘through 2029’’ and inserting ‘‘through 2030’’; and
(2) in subparagraph (C), in the matter preceding clause (i), by striking ‘‘fiscal year 2029’’ and inserting ‘‘fiscal year 2030’’.

Full text of the legislation can be found here.