Senate Republicans Unveil HEALS Act

On Monday evening, Senate Republicans released a series of bills, collectively titled the HEALS (Health, Economic Assistance, Liability Protection, and Schools) Act. The package of bills represent Senate Republicans’ first negotiation position with House and Senate Democrats for the next COVID-19 relief package. The suite of bills includes the following:

• From the Senate Appropriations Committee, the Coronavirus Response Additional Supplemental Appropriations Act, 2020.
• From the Senate Finance Committee, the American Workers, Families, and Employers Assistance Act.
• From the Senate HELP Committee, the Safely Back to School and Back to Work Act.
• From the Senate Judiciary Committee, the Restoring Critical Supply Chains and Intellectual Property Act and the SAFE TO WORK Act
• From the Senate Small Business Committee, the Continuing Small Business Recovery and Paycheck Protection Program Act.

Provisions of note:

1. The Coronavirus Response Additional Supplemental Appropriations Act, 2020
• National Institute of Mental Health: The bill appropriates $200 million, to remain available until September 30, 2024, to prevent, prepare for, and respond to coronavirus, domestically or internationally.
• National Institute on Minority Health and Health Disparities: The bill appropriates $64.3 million, to remain available until September 30, 2024, to prevent, prepare for, and respond to coronavirus, domestically or internationally.
• Substance Abuse and Mental Health Services Administration: The bill appropriates $4.5 billion for Health Surveillance and Program Support, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, domestically or internationally. This sum includes $1.5 billion for substance abuse prevention and treatment block grants, and $2 billion for grants for community mental health services block grants. This sum includes $600 million for Certified Community Behavior Health Clinic Expansion grants. This sum includes $50 million for suicide prevention programs. This sum includes $100 million for activities and services under Project AWARE.
2. The American Workers, Families, and Employers Assistance Act
• Sec. 303. Authority to Extend Medicare Telehealth Waivers: The bill extends the Secretary of HHS’ authority to waive or modify requirements with respect to telehealth services through December 31, 2021, even if the public health emergency has ended before that time. The Secretary of HHS must post information describing the requirements applicable to telehealth services and other virtual services under Medicare Parts A and B and the Medicare Advantage program within three months of enactment of the bill, and prior to waiving or modifying such requirements. The Secretary of HHS must also conduct a study on the impact of telehealth and other virtual services furnished under the Medicare program and issue such report within 15 months of the date of enactment of the bill. The bill also requires the Medicare Payment Advisory Commission (MedPAC) to conduct an evaluation by June 15, 2021 of telehealth services under Medicare Part B related to the COVID-19 public health emergency and the appropriate treatment of such expansions after the expiration of the public health emergency. Section 303 extends the telehealth coverage waivers provided by the CARES Act.
• Sec. 304. Extending Medicare Telehealth Flexibilities for Federally Qualified Health Centers and Rural Health Clinics: The bill extends Medicare telehealth flexibilities for Federally Qualified Health Centers (FQHCs) and Rural Health Clinics (RHCs) for five years beyond the end of the COVID-19 public health emergency. Section 3704 of the CARES Act authorized RHCs and FQHCs to furnish distant site telehealth services to Medicare beneficiaries only during the COVID-19 public health emergency.
3. The Safely Back to School and Back to Work Act
• Sec. 108. Telehealth Plans: The bill allows employers to offer telehealth as an accepted benefit to employees who are not full-time or do not qualify for their employer’s coverage during the declared COVID-19 public health emergency until the later of January 1, 2022 or the date on which the COVID-19 public health emergency ends.

The HEALS Act is still undergoing the negotiation process and some of the legislative language may change. The ACA Government Affairs and Public Policy team will monitor the bills’ process and will keep you updated as things progress.