EXTENSION OF PASS-THROUGH STATUS UNDER THE MEDICARE PROGRAM FOR CERTAIN DEVICES IMPACTED BY COVID–19.

SEC. 4141. EXTENSION OF PASS-THROUGH STATUS UNDER THE MEDICARE PROGRAM FOR CERTAIN DEVICES IMPACTED BY COVID–19.(a) In General.—Section 1833(t)(6) of the Social Security Act (42 U.S.C. 1395l(t)(6)) is amended—136 STAT. 5929(1) in subparagraph (B)(iii), in the matter preceding subclause (I), by striking “A category” and inserting “Subject to subparagraph (K), a category”; and (2) by adding at the end the following new subparagraph:“(K) Pass-through extension for certain devices.—“(i) In general.—In the case of a device whose period of pass-through status under this paragraph will end on December 31, 2022, such pass-through status shall be extended for a 1–year period beginning on January 1, 2023. “(ii) No adjustment for packaged costs.—For purposes of the 1–year period described in clause (i), the Secretary shall not remove the packaged costs of such device (as determined by the Secretary) from the payment amount under this subsection for a covered OPD service (or group of services) with which it is packaged. “(iii) No application of aggregate limit or budget neutrality.—Notwithstanding any other provision of this subsection, this subparagraph shall not be taken into account—“(I) in applying the limit on annual aggregate adjustments under subparagraph (E) for 2023; or “(II) in making any budget neutrality adjustments under this subsection for 2023.” . (b) Implementation.—Notwithstanding any other provision of law, the Secretary of Health and Human Service may implement the amendments made by subsection (a) by program instruction or otherwise.