Free At-Home Tests for All Act

Free At-Home Tests for All Act

This bill requires the Department of Health and Human Services (HHS) to provide free antigen diagnostic tests for COVID-19 (i.e., rapid tests) to U.S. residents. The bill also automatically grants emergency use authorization for rapid tests approved by certain foreign regulators.

Specifically, HHS must purchase a sufficient quantity of rapid tests to provide two tests per week at no cost to each resident for the 12 months following the bill's enactment. The President may use authorities available under the Defense Production Act of 1950 to obtain the tests. That act confers upon the President a broad set of authorities to influence domestic industry in order to provide essential materials and goods needed for the national defense.

In addition, HHS must conduct outreach about the availability of free rapid tests to Medicare and Medicaid participants and make the tests available through those programs.

The bill also automatically grants emergency use authorization during the public health emergency for rapid tests that are listed for emergency use by (1) the World Health Organization (WHO), or (2) a foreign regulator that is a stringent regulatory authority as defined by the WHO for purposes of medicine procurement. The Food and Drug Administration (FDA) may rescind authority for, or otherwise regulate, a rapid test that was automatically authorized.

Additionally, the FDA must establish a permanent advisory committee focused on diagnostic and serological testing for public health needs.