Title 42, The Public Health and WelfareRelease 119-110

§1320b–26 Funding for Providers Relating to Covid–19

Title 42 › CHAPTER 7 — SOCIAL SECURITY › SUBCHAPTER XI — GENERAL PROVISIONS, PEER REVIEW, AND ADMINISTRATIVE SIMPLIFICATION › Part A — General Provisions › § 1320b–26

Last updated Sep 22, 2026|Official source

Summary

The Secretary is given $8,500,000,000 for fiscal year 2021 to pay eligible rural health care providers for COVID‑19 related costs and lost revenue. The money comes from the Treasury and stays available until spent. Payments cannot cover costs already paid by someone else or that someone else must pay. The Secretary can make rules to run the program. To get a payment, a provider must apply in the form the Secretary requires and include: a statement and documents showing the need and the COVID‑related expenses and lost revenue; the provider’s tax identification number; promises to keep records and give any reports the Secretary asks for; and any other information the Secretary wants. Definitions in short: Eligible provider — a Medicare or Medicaid/CHIP‑enrolled provider or supplier that does COVID diagnosis, testing, or care and is rural. Health care related expenses — costs to prevent, prepare for, or respond to COVID‑19 (for example, temporary buildings, leases, medical supplies like PPE and tests, staffing and training, emergency center operations, facility changes, and surge capacity). Lost revenue — as defined in the HHS June 2020 FAQ, including the difference between budgeted and actual revenue if the budget was set before March 27, 2020. Payment — may be an advance, prospective, retrospective payment, or a grant. Rural provider or supplier — providers in rural areas, those treated as rural, those serving rural patients, rural health clinics, home health/hospice/long‑term services in rural homes, or others the Secretary defines.

Full Legal Text

Title 42, §1320b–26

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Funding
In addition to amounts otherwise available, there is appropriated to the Secretary, for fiscal year 2021, out of any monies in the Treasury not otherwise appropriated, $8,500,000,000 for purposes of making payments to eligible health care providers for health care related expenses and lost revenues that are attributable to COVID–19. Amounts appropriated under the preceding sentence shall remain available until expended.
(b)Application requirement
To be eligible for a payment under this section, an eligible health care provider shall submit to the Secretary an application in such form and manner as the Secretary shall prescribe. Such application shall contain the following:
(1)A statement justifying the need of the provider for the payment, including documentation of the health care related expenses attributable to COVID–19 and lost revenues attributable to COVID–19.
(2)The tax identification number of the provider.
(3)Such assurances as the Secretary determines appropriate that the eligible health care provider will maintain and make available such documentation and submit such reports (at such time, in such form, and containing such information as the Secretary shall prescribe) as the Secretary determines is necessary to ensure compliance with any conditions imposed by the Secretary under this section.
(4)Any other information determined appropriate by the Secretary.
(c)Limitation
Payments made to an eligible health care provider under this section may not be used to reimburse any expense or loss that—
(1)has been reimbursed from another source; or
(2)another source is obligated to reimburse.
(d)Application of requirements, rules, and procedures
The Secretary shall apply any requirements, rules, or procedures as the Secretary deems appropriate for the efficient execution of this section.
(e)Definitions
In this section: (1) Eligible health care provider
(2)Health care related expenses attributable to COVID–19
The term “health care related expenses attributable to COVID–19” means health care related expenses to prevent, prepare for, and respond to COVID–19, including the building or construction of a temporary structure, the leasing of a property, the purchase of medical supplies and equipment, including personal protective equipment and testing supplies, providing for increased workforce and training (including maintaining staff, obtaining additional staff, or both), the operation of an emergency operation center, retrofitting a facility, providing for surge capacity, and other expenses determined appropriate by the Secretary.
(3)Lost revenue attributable to COVID–19
The term “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, including the difference between such provider’s budgeted and actual revenue if such budget had been established and approved prior to March 27, 2020.
(4)Payment
The term “payment” includes, as determined appropriate by the Secretary, a pre-payment, a prospective payment, a retrospective payment, or a payment through a grant or other mechanism.
(5)Rural provider or supplier
The term “rural provider or supplier” means—
(A)a—
(i)provider or supplier located in a rural area (as defined in section 1395ww(d)(2)(D) of this title); or
(ii)provider treated as located in a rural area pursuant to section 1395ww(d)(8)(E) of this title;
(B)a provider or supplier located in any other area that serves rural patients (as defined by the Secretary), which may include, but is not required to include, a metropolitan statistical area with a population of less than 500,000 (determined 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 an individual’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 (as defined by the Secretary).

Reference

Citations & Metadata

Citation

42 U.S.C. § 1320b–26

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110