Pub. L. 116-260, div. N, tit. I, sec. 101 (as amended)
SUPPORTING PHYSICIANS AND OTHER PROFESSIONALS IN ADJUSTING TO MEDICARE PAYMENT CHANGES DURING 2021.
SEC. 101. SUPPORTING PHYSICIANS AND OTHER PROFESSIONALS IN ADJUSTING TO MEDICARE PAYMENT CHANGES DURING 2021.
(a) In General.—Section 1848 of the Social Security Act (42 U.S.C. 1395w-4) is amended by adding at the end the following new subsection:
“(t) Supporting Physicians and Other Professionals in Adjusting to Medicare Payment Changes During 2021.—
“(1) In general.—In order to support physicians and other professionals in adjusting to changes in payment for physicians’ services during 2021, the Secretary shall increase fee schedules under subsection (b) that establish payment amounts for such services furnished on or after January 1, 2021, and before January 1, 2022, by 3.75 percent.
“(2) Implementation.—
“(A) Administration.—Notwithstanding any other provision of law, the Secretary may implement this subsection by program instruction or otherwise.
“(B) Limitation.—There shall be no administrative or judicial review under section 1869, 1878 or otherwise of the fee schedules that establish payment amounts calculated pursuant to this subsection.
“(C) Application only for 2021.—The increase in fee schedules that establish payment amounts under this subsection shall not be taken into account in determining such fee schedules that establish payment amounts for services furnished in years after 2021.
“(3) Funding.—For purposes of increasing the fee schedules that establish payment amounts pursuant to this subsection—
“(A) there shall be transferred from the General Fund of the Treasury to the Federal Supplementary Medical Insurance Trust Fund under section 1841, $3,000,000,000, to remain available until expended; and
“(B) in the event the Secretary determines additional amounts are necessary, such amounts shall be available
from the Federal Supplementary Medical Insurance Trust Fund.”
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(b) Exemption of Additional Expenditures From Physician Fee Schedule Budget-neutrality.—Such section 1848 is amended, in subsection (c)(2)(B)(iv)—
(1) in subclause (III), by striking “and” at the end;
(2) in subclause (IV), by striking the period at the end and inserting “; and”; and
(3) by adding at the end the following new subclause:
“(V) subsection (t) shall not be taken into account in applying clause (ii)(II) for 2021.”
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(c) Report.—Not later than each of April 1, 2022, and April 1, 2023, the Secretary of Health and Human Services shall submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives on the increase in fee schedules that establish payment amounts for physicians’ services under section 1848(t) of the Social Security Actfurnished during 2021 or 2022, respectively. Each such report shall include the aggregate amount of the increase in payment amounts under such section with respect to 2021 or 2022, as applicable, including information regarding any payments made in excess of the amount of funding provided under paragraph (3)(A) of such section.