42 U.S.C. § 1320b–26 — Funding for providers relating to COVID–19

(a) Funding. In addition to amounts otherwise available, $8,500,000,000 is appropriated to the Secretary for fiscal year 2021, from money in the Treasury that is not otherwise appropriated, to make payments to eligible health-care providers for health-care-related expenses and lost revenue attributable to COVID-19. The appropriated amounts remain available until they are spent. (b) Application requirement. To qualify for a payment under this section, an eligible health-care provider must submit an application in the form and manner the Secretary requires. The application must contain— (1) a statement justifying the provider’s need for the payment, including documentation of health-care-related expenses attributable to COVID-19 and lost revenue attributable to COVID-19; (2) the provider’s tax-identification number; (3) assurances the Secretary considers appropriate that the provider will keep and make available the documentation and submit the reports, at the times, in the form, and with the information the Secretary requires, that the Secretary determines are needed to ensure compliance with conditions imposed under this section; and (4) any other information the Secretary considers appropriate. (c) Limitation. A payment to an eligible health-care provider under this section may not be used to reimburse an expense or loss that— (1) has been reimbursed from another source; or (2) another source is required to reimburse. (d) Application of requirements, rules, and procedures. The Secretary must apply any requirements, rules, or procedures the Secretary considers appropriate for efficiently carrying out this section. (e) Definitions. (1) “Eligible health-care provider” means— (A) a provider of services, as defined in section 1395x(u) of this title, or a supplier, as defined in section 1395x(d) of this title, that— (i) is enrolled in Medicare under subchapter XVIII under section 1395cc(j) of this title, including temporary enrollment during the emergency period described in section 1320b–5(g)(1)(B) of this title for that period; (ii) provides diagnoses, testing, or care for people with possible or actual cases of COVID-19; and (iii) is a rural provider or supplier; or (B) a provider or supplier that— (i) is enrolled with a State Medicaid plan under subchapter XIX, or a waiver of that plan, under subsections (a)(77) and (kk) of section 1396a of this title, including enrollment under section 1396a(a)(78) or section 1396u–2(d)(6) of this title, or is enrolled with a State child-health plan under subchapter XXI, or a waiver of that plan, under subparagraph (G) of section 1397gg(e)(1) of this title, including enrollment under subparagraph (D) or (Q) of that section; (ii) provides diagnoses, testing, or care for people with possible or actual cases of COVID-19; and (iii) is a rural provider or supplier. (2) “Health-care-related expenses attributable to COVID-19” means health-care-related expenses to prevent, prepare for, and respond to COVID-19. They include building or constructing a temporary structure, leasing property, buying medical supplies and equipment including personal protective equipment and testing supplies, increasing and training the workforce, including keeping staff, getting additional staff, or both, operating an emergency operations center, retrofitting a facility, providing surge capacity, and other expenses the Secretary considers appropriate. (3) “Lost revenue attributable to COVID-19” has the meaning given that term in the Frequently Asked Questions guidance released by the Department of Health and Human Services in June 2020. That meaning includes the difference between the provider’s budgeted and actual revenue if the budget was established and approved before March 27, 2020. (4) “Payment” includes, as the Secretary considers appropriate, a pre-payment, prospective payment, retrospective payment, or payment through a grant or other mechanism. (5) “Rural provider or supplier” means— (A) a provider or supplier— (i) located in a rural area, as defined in section 1395ww(d)(2)(D) of this title; or (ii) treated as located in a rural area under section 1395ww(d)(8)(E) of this title; (B) a provider or supplier located in another area that serves rural patients, as defined by the Secretary. This may include, but does not have to include, a metropolitan statistical area with a population of less than 500,000, based on the most recently available data; (C) a rural health clinic, as defined in section 1395x(aa)(2) of this title; (D) a provider or supplier that furnishes home health, hospice, or long-term services and supports in a person’s home located in a rural area, as defined in section 1395ww(d)(2)(D) of this title; or (E) any other rural provider or supplier defined by the Secretary.