[117th Congress Public Law 71]
[From the U.S. Government Publishing Office]
[[Page 1505]]
PROTECTING MEDICARE AND AMERICAN FARMERS FROM SEQUESTER CUTS ACT
[[Page 135 STAT. 1506]]
Public Law 117-71
117th Congress
An Act
To address behavioral health and well-being among health care
professionals. <<NOTE: Dec. 10, 2021 - [S. 610]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Protecting
Medicare and American Farmers from Sequester Cuts Act.>>
SECTION 1. <<NOTE: 2 USC 900 note.>> SHORT TITLE.
This Act may be cited as the ``Protecting Medicare and American
Farmers from Sequester Cuts Act''.
SEC. 2. ADJUSTMENTS TO MEDICARE SEQUESTRATION REDUCTIONS.
(a) Extension of Temporary Suspension Through March 2022.--
(1) In general.--Section 3709(a) of division A of the CARES
Act (2 U.S.C. 901a note) is amended--
(A) in the subsection header by inserting ``and
Adjustment'' after ``Suspension''; and
(B) by striking ``December 31, 2021'' and inserting
``March 31, 2022''.
(2) <<NOTE: 2 USC 901a note.>> Effective date.--The
amendments made by paragraph (1) shall take effect as if enacted
as part of the CARES Act (Public Law 116-136).
(b) Adjustments to Medicare Program Sequestration Reduction With
Respect to Fiscal Years 2022 and 2030.--Section 251A(6) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a(6)) is
amended--
(1) by redesignating subparagraph (C) as subparagraph (E);
and
(2) by inserting after subparagraph (B) the following new
subparagraphs:
``(C) <<NOTE: Applicability.>> Notwithstanding the
2 percent limit specified in subparagraph (A) for
payments for the Medicare programs specified in section
256(d), the sequestration order of the President under
such subparagraph for fiscal year 2022 shall be applied
to such payments so that with respect to the period
beginning on April 1, 2022, and ending on June 30, 2022,
the payment reduction shall be 1.0 percent.
``(D) <<NOTE: Applicability.>> Notwithstanding the
2 percent limit specified in subparagraph (A) for
payments for the Medicare programs specified in section
256(d), the sequestration order of the President under
such subparagraph for fiscal year 2030 shall be applied
to such payments so that--
``(i) with respect to the first 6 months in
which such order is effective for such fiscal
year, the payment reduction shall be 2.25 percent;
and
[[Page 135 STAT. 1507]]
``(ii) with respect to the second 6 months in
which such order is so effective for such fiscal
year, the payment reduction shall be 3 percent.''.
SEC. 3. EXTENSION OF SUPPORT FOR PHYSICIANS AND OTHER
PROFESSIONALS IN ADJUSTING TO MEDICARE PAYMENT
CHANGES.
(a) In General.--Section 1848 of the Social Security Act (42 U.S.C.
1395w-4) is amended--
(1) in subsection (c)(2)(B)(iv)(V), by striking ``2021'' and
inserting ``2021 or 2022''; and
(2) in subsection (t)--
(A) in the subsection header, by striking ``2021''
and inserting ``2021 and 2022'';
(B) in paragraph (1)--
(i) by striking ``during 2021'' and inserting
``during 2021 and 2022''; and
(ii) by striking ``for such services furnished
on or after January 1, 2021, and before January 1,
2022, by 3.75 percent.'' and inserting ``for--
``(A) such services furnished on or after January 1,
2021, and before January 1, 2022, by 3.75 percent; and
``(B) such services furnished on or after January 1,
2022, and before January 1, 2023, by 3.0 percent.''; and
(C) in paragraph (2)(C)--
(i) in the subparagraph header, by striking
``2021'' and inserting ``2021 and 2022'';
(ii) by inserting ``for services furnished in
2021 or 2022'' after ``under this subsection'';
and
(iii) by inserting ``or 2022, respectively''
before the period at the end.
(b) Report.--Section 101(c) of division N of the Consolidated
Appropriations Act, 2021 (Public Law 116-260) <<NOTE: 134 Stat. 1950.>>
is amended--
(1) in the first sentence--
(A) by striking ``April 1, 2022'' and inserting
``each of April 1, 2022, and April 1, 2023''; and
(B) by striking ``, as added by subsection (a)'' and
inserting ``furnished during 2021 or 2022,
respectively''; and
(2) in the second sentence--
(A) by striking ``Such report'' and inserting ``Each
such report''; and
(B) by inserting ``with respect to 2021 or 2022, as
applicable'' after ``under such section''.
SEC. 4. PRESERVING PATIENT ACCESS TO CRITICAL CLINICAL LAB
SERVICES.
(a) Revised Phase-in of Reductions From Private Payor Rate
Implementation.--Section 1834A(b)(3) of the Social Security Act (42
U.S.C. 1395m-1(b)(3)) is amended--
(1) in subparagraph (A), by striking ``through 2024'' and
inserting ``through 2025''; and
(2) in subparagraph (B)--
(A) in clause (ii), by striking ``for 2021'' and
inserting ``for each of 2021 and 2022''; and
(B) in clause (iii), by striking ``2022 through
2024'' and inserting ``2023 through 2025''.
[[Page 135 STAT. 1508]]
(b) Revised Reporting Period for Reporting of Private Sector Payment
Rates for Establishment of Medicare Payment Rates.--Section
1834A(a)(1)(B) of the Social Security Act (42 U.S.C. 1395m-1(a)(1)(B))
is amended--
(1) in clause (i), by striking ``December 31, 2021'' and
inserting ``December 31, 2022''; and
(2) in clause (ii)--
(A) by striking ``January 1, 2022'' and inserting
``January 1, 2023''; and
(B) by striking ``March 31, 2022'' and inserting
``March 31, 2023''.
SEC. 5. DELAY TO THE IMPLEMENTATION OF THE RADIATION ONCOLOGY
MODEL UNDER THE MEDICARE PROGRAM.
Section 133 of Division CC of the Consolidated Appropriations Act,
2021 (Public Law 116-260) <<NOTE: 134 Stat. 2976.>> is amended by
striking ``January 1, 2022'' and inserting ``January 1, 2023''.
SEC. 6. MEDICARE IMPROVEMENT FUND.
Section 1898(b)(1) of the Social Security Act (42 U.S.C.
1395iii(b)(1)) is amended by striking ``fiscal year 2021'' and all that
follows through the period at the end and inserting ``fiscal year 2021,
$101,000,000.''.
SEC. 7. <<NOTE: Determination. Time periods.>> PAYGO ANNUAL
REPORT.
For the purposes of the annual report issued pursuant to section 5
of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 934) after
adjournment of the first session of the 117th Congress, and for
determining whether a sequestration order is necessary under such
section, the debit for the budget year on the 5-year scorecard, if any,
and the 10-year scorecard, if any, shall be deducted from such scorecard
in 2022 and added to such scorecard in 2023.
SEC. 8. EXPEDITED PROCEDURES FOR CONSIDERING AN INCREASE IN THE
DEBT LIMIT.
(a) Definition.--In this section, the term ``joint resolution''
means a joint resolution--
(1) <<NOTE: Time period.>> that is introduced by the
Majority Leader of the Senate, or a designee, during the period
beginning on the date of enactment of this Act and ending on
December 31, 2021;
(2) which does not have a preamble;
(3) the title of which is as follows: ``Joint resolution
relating to increasing the debt limit.''; and
(4) the matter after the resolving clause of which is as
follows: ``That the limitation under section 3101(b) of title
31, United States Code, as most recently increased by Public Law
117-50 (31 U.S.C. 3101 note), is increased by $_________.'', the
blank space being appropriately filled in with the dollar amount
of the increase.
(b) Expedited Consideration in Senate.--
(1) Placement on calendar.--Upon introduction in the Senate,
the joint resolution shall be placed immediately on the
calendar.
(2) Proceeding to consideration.--
(A) <<NOTE: Deadline.>> In general.--
Notwithstanding rule XXII of the Standing Rules of the
Senate, it is in order, not later than January 15, 2022
(even though a previous motion
[[Page 135 STAT. 1509]]
to the same effect has been disagreed to) to move to
proceed to the consideration of the joint resolution.
(B) Procedure.--For a motion to proceed to the
consideration of the joint resolution--
(i) all points of order against the motion are
waived;
(ii) the motion is not debatable;
(iii) the motion is not subject to a motion to
postpone;
(iv) a motion to reconsider the vote by which
the motion is agreed to or disagreed to shall not
be in order; and
(v) if the motion is agreed to, the joint
resolution shall remain the unfinished business
until disposed of.
(3) Floor consideration.--
(A) In general.--If the Senate proceeds to
consideration of the joint resolution--
(i) all points of order against the joint
resolution (and against consideration of the joint
resolution) are waived;
(ii) <<NOTE: Time period.>> debate on the
joint resolution, and all debatable motions and
appeals in connection therewith, shall be limited
to not more than 10 hours, which shall be divided
equally between the Chairman and Ranking Member of
the Committee on Finance;
(iii) an amendment to the joint resolution is
not in order;
(iv) a motion to postpone or a motion to
commit the joint resolution is not in order; and
(v) a motion to proceed to the consideration
of other business is not in order.
(B) Vote on passage.--The vote on passage shall
occur immediately following the conclusion of the debate
on the joint resolution and a single quorum call if
requested in accordance with the rules of the Senate.
(C) Rulings of the chair on procedure.--Appeals from
the decisions of the Chair relating to the application
of this paragraph or the rules of the Senate, as the
case may be, to the procedure relating to the joint
resolution shall be decided without debate.
(D) Single measure authorized.--It shall not be in
order to consider more than 1 joint resolution under the
procedures under this paragraph.
(E) Sunset.--It shall not be in order to consider a
joint resolution under the procedures under this
paragraph after January 16, 2022.
(4) Rules of the senate.--This subsection is enacted by
Congress--
(A) as an exercise of the rulemaking power of the
Senate, and as such is deemed a part of the rules of the
Senate, but applicable only with respect to the
procedure to be followed in the Senate in the case of a
joint resolution, and supersede other rules only to the
extent that they are inconsistent with such rules; and
(B) with full recognition of the constitutional
right of the Senate to change the rules (so far as
relating to
[[Page 135 STAT. 1510]]
the procedure of the Senate) at any time, in the same
manner, and to the same extent as in the case of any
other rule of the Senate.
Approved December 10, 2021.
LEGISLATIVE HISTORY--S. 610:
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CONGRESSIONAL RECORD, Vol. 167 (2021):
Aug. 5, considered and passed Senate.
Dec. 7, considered and passed House, amended. Senate
considered concurring in House amendment.
Dec. 9, Senate concurred in House amendment.
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