I 116th CONGRESS 2d Session H. R. 8322 IN THE HOUSE OF REPRESENTATIVES September 21, 2020 Mr. Balderson (for himself and Ms. Shalala ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XI of the Social Security Act to provide the Secretary of Health and Human Services with the authority to temporarily modify certain Medicare requirements for hospice care during the COVID public health emergency.

1. Short title This Act may be cited as the COVID-19 Hospice Respite Care Relief Act of 2020 . 2. Secretarial authority to temporarily modify certain Medicare requirements for hospice care during the COVID public health emergency (a) Authority The first sentence of section 1135(b) of the Social Security Act ( 42 U.S.C. 1320b–5(b) ) is amended— (1) in paragraph (7), by striking and at the end; (2) in paragraph (8), by striking the period at the end and inserting ; and ; and (3) by inserting after paragraph (8) the following new paragraph: (9) the limitations under section 1861(dd)(1)(G) that respite care— (A) may only be provided in an inpatient setting; and (B) may not be provided consecutively for more than five days (except that the Secretary may not increase the number of consecutive days to more than 15 days). . (b) Emergency period Section 1135(g)(1)(B) of the Social Security Act ( 42 U.S.C. 1320b–5(g)(1)(B) ) is amended, in the matter preceding clause (i), by striking subsection (b)(8) and inserting paragraphs (8) and (9) of subsection (b) . (c) Implementation Notwithstanding any other provision of law, the Secretary of Health and Human Services may implement the amendments made by this section by interim final rule, program instruction, or otherwise.