EMERGENCY WAIVER OF MEDICARE, MEDICAID, AND SCRIP REQUIREMENTS.

SEC. 143. EMERGENCY WAIVER OF MEDICARE, MEDICAID, AND SCRIP REQUIREMENTS. (a) Waiver Authority.—Title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is amended by inserting after section 1134 the following new section: “authority to waive requirements during national emergencies “Sec. 1135.(a) Purpose.—The purpose of this section is to enable the Secretary to ensure to the maximum extent feasible, in any emergency area and during an emergency period (as defined in subsection (g)(1))— “(1) that sufficient health care items and services are available to meet the needs of individuals in such area enrolled in the programs under titles XVIII, XIX, and XXI; and “(2) that health care providers (as defined in subsection (g)(2)) that furnish such items and services in good faith, but that are unable to comply with one or more requirements described in subsection (b), may be reimbursed for such items and services and exempted from sanctions for such noncompliance, absent any determination of fraud or abuse. “(b) Secretarial Authority.—To the extent necessary to accomplish the purpose specified in subsection (a), the Secretary 116 STAT. 628 is authorized, subject to the provisions of this section, to temporarily waive or modify the application of, with respect to health care items and services furnished by a health care provider (or classes of health care providers) in any emergency area (or portion of such an area) during any portion of an emergency period, the requirements of titles XVIII, XIX, or XXI, or any regulation thereunder (and the requirements of this title other than this section, and regulations thereunder, insofar as they relate to such titles), pertaining to— “(1) (A) conditions of participation or other certification requirements for an individual health care provider or types of providers, “(B) program participation and similar requirements for an individual health care provider or types of providers, and “(C) pre-approval requirements; “(2) requirements that physicians and other health care professionals be licensed in the State in which they provide such services, if they have equivalent licensing in another State and are not affirmatively excluded from practice in that State or in any State a part of which is included in the emergency area; “(3) sanctions under section 1867 (relating to examination and treatment for emergency medical conditions and women in labor) for a transfer of an individual who has not been stabilized in violation of subsection (c) of such section if the transfer arises out of the circumstances of the emergency; “(4) sanctions under section 1877(g) (relating to limitations on physician referral); “(5) deadlines and timetables for performance of required activities, except that such deadlines and timetables may only be modified, not waived; and “(6) limitations on payments under section 1851(i) for health care items and services furnished to individuals enrolled in a Medicare+Choice plan by health care professionals or facilities not included under such plan. Insofar as the Secretary exercises authority under paragraph (6) with respect to individuals enrolled in a Medicare+Choice plan, to the extent possible given the circumstances, the Secretary shall reconcile payments made on behalf of such enrollees to ensure that the enrollees do not pay more than would be required had they received services from providers within the network of the plan and may reconcile payments to the organization offering the plan to ensure that such organization pays for services for which payment is included in the capitation payment it receives under part C of title XVIII. “(c) Authority for Retroactive Waiver.—A waiver or modification of requirements pursuant to this section may, at the Secretary’s discretion, be made retroactive to the beginning of the emergency period or any subsequent date in such period specified by the Secretary. “(d) Certification to Congress.—The Secretary shall provide a certification and advance written notice to the Congress at least two days before exercising the authority under this section with respect to an emergency area. Such a certification and notice shall include— “(1) a description of— 116 STAT. 629 “(A) the specific provisions that will be waived or modified; “(B) the health care providers to whom the waiver or modification will apply; “(C) the geographic area in which the waiver or modification will apply; and “(D) the period of time for which the waiver or modification will be in effect; and “(2) a certification that the waiver or modification is necessary to carry out the purpose specified in subsection (a). “(e) Duration of Waiver.— “(1) In general.—A waiver or modification of requirements pursuant to this section terminates upon “(A) the termination of the applicable declaration of emergency or disaster described in subsection (g)(1)(A); “(B) the termination of the applicable declaration of public health emergency described in subsection (g)(1)(B); or “(C) subject to paragraph (2), the termination of a period of 60 days from the date the waiver or modification is first published (or, if applicable, the date of extension of the waiver or modification under paragraph (2)). “(2) Extension of 60-day periods.—The Secretary may, by notice, provide for an extension of a 60-day period described in paragraph (1)(C) (or an additional period provided under this paragraph) for additional period or periods (not to exceed, except as subsequently provided under this paragraph, 60 days each), but any such extension shall not affect or prevent the termination of a waiver or modification under subparagraph (A) or (B) of paragraph (1). “(f) Report to Congress.—Within one year after the end of the emergency period in an emergency area in which the Secretary exercised the authority provided under this section, the Secretary shall report to the Congress regarding the approaches used to accomplish the purposes described in subsection (a), including an evaluation of such approaches and recommendations for improved approaches should the need for such emergency authority arise in the future. “(g) Definitions.—For purposes of this section: “(1) Emergency area; emergency period.—An ‘emergency area’ is a geographical area in which, and an ‘emergency period’ is the period during which, there exists “(A) an emergency or disaster declared by the President pursuant to the National Emergencies Act or the Robert T. Stafford Disaster Relief and Emergency Assistance Act; and “(B) a public health emergency declared by the Secretary pursuant to section 319 of the Public Health Service Act. “(2) Health care provider.—The term ‘health care provider’ means any entity that furnishes health care items or services, and includes a hospital or other provider of services, a physician or other health care practitioner or professional, a health care facility, or a supplier of health care items or services.”. (b) Effective Date.—The amendment made by subsection (a) shall be effective on and after September 11, 2001.