United States · United States Congress · 9 February 1989
Anabolic Steroid Restriction Act of 1989 - Amends the Federal criminal code to provide criminal penalties for knowingly: (1) receiving, depositing, or causing to be deposited or delivered by mail any anabolic steroid or controlled substance for use in humans other than the treatment of disease pursuant to the order of a physician, except as otherwise permitted by law; and (2) using any communication facility in committing, causing, or facilitating a violation of such prohibition. Makes any property involved in a violation of this Act subject to forfeiture.
United States · United States Congress · 9 February 1989
Toy Safety and Child Protection Act - Directs the Consumer Product Safety Commission to issue a consumer product safety standard requiring cautionary labeling warning of any dangers to children of specific ages for any children's toy which: (1) is manufactured for sale, offered for sale, distributed in commerce, or imported into the United States; and (2) includes a small part, as defined by the Commission. Requires the Commission to establish such standard, and rules implementing the requirements of such standard, by January 1, 1990.
United States · United States Congress · 9 February 1989
National Rural Health Care Act of 1989 - Title I: Medicare Provisions - Directs the Prospective Payment Assessment Commission to conduct studies and report to the Congress by January 1, 1991, on: (1) the relationship between costs for rural inpatient hospital services and Medicare (title XVIII of the Social Security Act) payments for such services; and (2) the Medicare program's role in paying for rural inpatient hospital services provided as a charity to persons who are not covered under the Medicare program. Provides funding for the development of medical care access facilities. Defines a "medical care access facility" as a facility which: (1) provides ambulatory, primary, emergency, urgent, and surgical care; (2) provides inpatient care for from one-to-ten inpatient beds for stays not exceeding 48 hours; and (3) is located in a medically underserved area or a county with a population of less than 20,000, or serves a frontier service area. Provides Medicare coverage of facility services. Authorizes such facilities to provide dietician, pharmacist, laboratory technician, medical technologist, and radiological services on a part-time, off-site basis, and remain open for less time than Medicare hospitals. Establishes physician, physician assistant, and nurse practitioner productivity standards to be used in determining Medicare payments for rural health clinic services. Requires rural health clinics to participate in the Medicaid program (title XIX of the Social Security Act) if their State provides Medicaid coverage for clinic services. Directs the Secretary of Health and Human Services to establish a Medicare rural health clinic demonstration program: (1) testing new payment methods; (2) covering early detection procedures, health education, and health risk reduction services; (3) not requiring clinics to have more than 40 percent of clinic time covered by physician assistants and nurse practitioners; and (4) reducing physician, physician assistant, and nurse practitioner productivity standards for low population density areas. Requires the Secretary to instruct Medicare carriers to make payment rates for professional medical services furnished in rural areas under part B (Supplementary Medical Insurance) of the Medicare program reflect the particular costs of furnishing services in rural areas. Authorizes rural skilled nursing facilities to be paid on a prospective basis for all routine services costs of Medicare extended care services provided in a cost reporting period. Authorizes rural home health agencies to be paid on the basis of a prospectively established fee schedule for Medicare home health services provided in a cost reporting period. Requires the Administrator of the Health Care Financing Administration (HCFA) to establish additional research and demonstration projects into how the Medicare and Medicaid programs could better cover care for rural beneficiaries. Provides direct Medicare reimbursement for nurse practitioner and clinical nurse specialist services, whether or not the practitioner or specialist is under the supervision of, or associated with, another health care provider, if such services would otherwise be covered if furnished by a physician or as an incident to a physician's service. Provides payments for nurse practitioner, clinical nurse specialist, and certified nurse midwife services under part B (Supplementary Medical Insurance) of the Medicare program on the basis of a fee schedule to be established by the Secretary. Requires the Administrator of the HCFA to establish a toll-free, telephone hotline for nursing payment inquiries under the Medicare program and, to the extent feasible, under the Medicaid program. Amends part B (Peer Review) of title XI of the Act to require peer review of nursing services. Directs the Secretary to: (1) contract for studies evaluating nursing costs, and gathering and disseminating data on obstacles nurses face in receiving direct reimbursement for their services; and (2) report the results of such studies to the Congress in January of 1992, 1993, and 1994. Title II: Medicaid Provisions - Amends the Medicaid program to extend coverage to all individuals whose income does not exceed the Federal poverty level and whose resources do not exceed twice the resource eligibility limit for Medicaid benefits. Requires that State Medicaid payments for rural medical practices reflect the particular costs of furnishing services in rural areas. Directs the Secretary, jointly with the States, to develop an appropriate system to reduce the payment differential between urban and rural professional health personnel. Permits rural nursing facilities to elect to receive Medicaid payments on the basis of a daily rate schedule to be established by the Secretary. Permits rural home health agencies to elect to receive payments on the basis of a per visit rate to be established by the Secretary. Provides Medicaid coverage of medical care access facility services. Requires such facilities to participate in the program. Requires direct Medicaid reimbursement for certified nurse midwife, certified registered nurse anesthetist, nurse practitioner, and clinical nurse specialist services, whether or not such nurse is under the supervision of, or associated with, another health care provider, if such services would otherwise be covered if furnished by a physician or as an incident to a physician's services. Requires that such payments be equal to payments for such services under the Medicare program and not vary on the basis of the type of nurse involved. Title III: Private Health Insurance Provisions - Amends the Internal Revenue Code to provide a tax deduction for the entire health insurance costs of the self-employed. Makes such deduction permanent. Directs the Secretary to develop and submit to the Congress a proposal for creating a self-financing insurance pool for individuals, small businesses, and farms which have difficulty finding affordable private insurance. Title IV: Health Care System Development Provisions - Amends title VII (Administration) of the Act to place the Office of Rural Health Care in the Office of the Secretary of Health and Human Services. Amends the Public Health Service Act to authorize the Secretary to make grants to States which have submitted fiscal year plans for comprehensive State rural health access planning to assist States in such planning. Authorizes appropriations for such grant program through FY 1992. Requires each State to submit a comprehensive rural emergency medical services plan to the Secretary for each fiscal year, beginning with FY 1990. Authorizes appropriations through FY 1992 for payments to States, which vary among States on the basis of the proportion of the nation's rural population which reside in each State, to cover the costs of planning, implementing, and monitoring the operation of trauma care systems in rural areas. Authorizes the Secretary to make grants to public and nonprofit entities for planning, constructing, equipping, supplying, and operating a rural health clinic and training the personnel at such clinic. Authorizes the Secretary to make grants to solo and small group medical practices which provide primary health services to medically underserved rural populations to assist such practices in purchasing equipment and supplies and training personnel. Sets forth grant conditions, including the requirement that such clinics and practices accept as patients Medicare and Medicaid recipients residing in their service area, and provide 24-hour-a-day emergency medical services. Authorizes appropriations through FY 1992. Authorizes appropriations through FY 1991 for grants to migrant health centers and community health centers. Sets aside five percent of amounts appropriated to the National Center for Health Services Research and Health Care Technology Assessment for research on improving rural health care delivery systems. Directs the Secretary to conduct a study on improvements which can be made in the collection and analysis of data used in designating rural areas as medically underserved areas. Title V: Health Care Personnel Development Provisions - Amends the Public Health Service Act to authorize appropriations through FY 1992 under the National Health Service Corps Scholarship Program and Loan Repayment Program. Requires the Secretary to establish a program of scholarships and loan repayments to assure an adequate supply of trained health care personnel at medical facilities which serve medically underserved populations. Requires that no less than 40 percent of the persons receiving such assistance be targeted for placement with medically underserved rural populations. Authorizes appropriations for such program through FY 1992. Requires that persons receiving Federal financial assistance under the Public Health Service Act to operate health care personnel training programs: (1) take into account the special health care conditions of rural areas; and (2) improve efforts to recruit, as students, individuals who are likely to practice in medically underserved rural areas. Authorizes the Secretary to make grants to public or private nonprofit health or educational entities for training programs to increase the number of health care personnel and multi-competent health care technicians serving medically underserved rural populations. Authorizes appropriations for such grant programs through FY 1992. Requires the Secretary, in entering into contracts with schools of medicine and osteopathy for area health education centers, to give priority to health education projects targeted toward health professions having an inadequate number of practitioners, either by specialty or geographic location. Makes administrative changes affecting area health education centers. Authorizes appropriations for such centers through FY 1992. Authorizes the Secretary to make grants to and enter into contracts with public and nonprofit private entities to cover the costs of providing continuing education for nurses in rural areas through the use of satellite transmissions. Title VI: Mental Health Care Provisions - Amends the Public Health Service Act to require that a State's application for an Alcohol, Drug Abuse, and Mental Health Services Block Grant include an examination of the mental health care needs of rural residents and specify the effort that has and will be made to satisfy such needs. Directs the Secretary to conduct research on improving rural mental health delivery systems. Authorizes appropriations for such research through FY 1992.
United States · United States Congress · 9 February 1989
Jesse Gray Housing Act - Amends the United States Housing Act of 1937 to direct the Secretary of Housing and Urban Development to carry out a program to construct new public housing units. Authorizes FY 1989 through 1998 appropriations. Requires the Secretary to make financial assistance available for public housing projects, especially those likely to be disposed of or demolished. Increases annually the aggregate amount of contract budget authority for such purposes through FY 1998. Prohibits the Secretary from approving a project demolition application. Requires public housing agencies to carry out job training and employment programs in connection with certain housing construction and revitalization projects. Gives program participation preference to housing residents. Reduces lower income rent contribution amounts under the National Housing Act, the United States Housing Act of 1937, the Housing Act of 1949, the Housing and Urban Development Act of 1965, and the Housing and Urban-Rural Recovery Act of 1983. Excludes welfare or social security cost-of-living adjustments from such adjusted income determinations. Directs the Secretary to submit to the Congress a comprehensive report concerning proposed limitations on Federal housing assistance.
United States · United States Congress · 9 February 1989
Elder Cottage Housing Opportunity Act - Amends the Housing Act of 1959, the Housing and Urban Development Act of 1968, and the National Housing Act to provide assistance for the purchase and installation of elder cottage housing opportunity units.
United States · United States Congress · 9 February 1989
Medicare Adult Day Care Amendments of 1989 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to provide for the establishment of adult day care programs providing certain health services to chronically-impaired adults in a group setting outside their homes for up to 125 days on a less than 24-hour basis. Requires providers of such services to have a multidisciplinary group of health care personnel conduct a written assessment of the status of each chronically-impaired adult before the adult's admission to the program and thereafter periodically develop and coordinate an individualized treatment plan for, and with the cooperation of, the adult. Defines a "chronically-impaired adult" as an individual 18 years of age or older who has a physical, emotional, or mental impairment which, but for the provision of adult day care, would require the provision of care in a hospital, skilled nursing, or intermediate care facility. Makes deductibles inapplicable to adult day care, requiring only the payment of a specified coinsurance amount. Directs the Secretary of Health and Human Services to issue regulations regarding adult day care programs.
United States · United States Congress · 9 February 1989
Catastrophic Coverage Financing Improvement Act of 1989 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to eliminate the catastrophic coverage monthly premium and the prescription drug monthly premium. Amends the Internal Revenue Code to maintain the current Medicare supplemental premium limit and rate, except to the extent that inflationary trends require the adjustment of such rate. Increases excise taxes on tobacco products to finance expanded part B coverage provided by the Medicare Catastrophic Coverage Act of 1988.
United States · United States Congress · 9 February 1989
Collision Damage Waiver Act - Prohibits rental car companies, in private passenger automobile rental agreements of 30 days or less, from: (1) holding any authorized driver liable for any damage, with specified exceptions; (2) offering to sell any collision damage waivers for any of the specified exceptions or any applicable deductible; (3) bringing an action for damage against such a renter who is a U.S. resident except in the renter's home State; or (4) requiring or requesting a security deposit for damage during the rental period or pending resolution of any dispute. Subjects rental car companies to a penalty of from $500 to $1,000 for each violation of this Act.
United States · United States Congress · 9 February 1989
Amends title IV (National Research Institutes) of the Public Health Service Act to require the Director of the National Center for Nursing Research to acquire, construct, improve, or repair laboratories and other research facilities to increase the capacity of institutions of higher education to conduct nursing research. Authorizes the Secretary of Health and Human Services to make grants and enter into contracts for such purposes. Requires the Director, from amounts appropriated under this Act, to reserve 15 percent to carry out such purposes through grants to, and contracts with, institutions that received less than an aggregate of a specified amount in Federal financial assistance for research and development in the preceding two fiscal years. Requires matching funds, in cash or in kind, from non-Federal sources. Directs the Secretary to require technical and scientific peer review of applications for grants and contracts. Authorizes appropriations for FY 1990 through 1992.
United States · United States Congress · 9 February 1989
William C. Redfield Export Award Establishment Act of 1988 - Establishes the William C. Redfield Export Award to be given to companies in the United States which have applied for the award and demonstrated leadership in the U.S. export trade. Mandates that the award be evidenced by a medal bearing an inscription as prescribed by the Secretary of Commerce. Provides for the criteria for selection, applications and qualifications, categories and numbers of awards, and the presentation of the award. Directs the Secretary to: (1) develop and publish selection criteria; (2) appoint a board of examiners; and (3) appoint a board of overseers to make recommendations for the improvement of the award program. Authorizes the Secretary to seek and accept gifts from public and private sources to carry out the award program and, if additional sums are needed, directs the Secretary to impose fees on applicants. Sets forth reporting requirements.
United States · United States Congress · 9 February 1989
Amends the Consumer Credit Protection Act (title VII of the Equal Credit Opportunity Act) to prohibit discrimination by creditors on the basis of the grade of an applicant who is a member of the armed forces.
United States · United States Congress · 9 February 1989
Low-Income Housing Revitalization Act - Amends Internal Revenue Code (IRC) provisions relating to the low-income housing credit to: (1) increase the credit from four percent to nine percent with respect to new buildings that are federally subsidized; (2) reallocate unused credit amounts among other States for their housing credit agencies; and (3) permit carryover to the succeeding year of a housing credit amount, if it is reasonably likely that the building will be put into service then. Extends the low-income housing credit through 1991. Amends IRC accounting provisions to exempt low-income housing credit activities from limitations on passive losses. Revises the accelerated cost recovery system in connection with low-income residential rental property to reduce the applicable recovery period from 27.5 to 20 years. Disallows an income tax deduction for any expense relating to residential rental units that violate State or local building, health, or safety codes and are not brought into compliance. Requires the regulatory agency that notifies a taxpayer of the substandard conditions to file an information return with respect to affected taxpayers. Excludes deductions for business expenses, interest on indebtedness, and taxes from calculations to determine the passive loss limitation in connection with rental real estate activity relating to a qualified low-income housing project in which a noncorporate taxpayer actively or materially participates.
United States · United States Congress · 9 February 1989
Peace Corps Volunteer Education Demonstration Program Act - Authorizes the Director of the Peace Corps to carry out a training and educational benefits demonstration program. Makes eligible for program participation any student at an institution of higher education who: (1) has completed at least two years of satisfactory study and is enrolled in a bachelor-degree program of at least four years; (2) agrees to serve at least three years in the Peace Corps; and (3) is selected in a competitive process. Requires selection procedures to include special consideration for traditionally underserved groups of students and students who will specialize in courses in areas in which the Peace Corps has special need. Requires the Director to carry out a training program under which participants receive appropriate training for their Peace Corps work as part of their course of study. Makes participants eligible for educational benefits to cover attendance costs during their remaining two years of study. Requires repayment of such benefits if the individual fails to complete three years of Peace Corps service. Directs the Secretary of Education to evaluate and report on such program to the President and the Congress by October 31, 1994. Authorizes appropriations for FY 1990 through 1995.
United States · United States Congress · 9 February 1989
Authorizes the Alpha Phi Alpha Fraternity to establish a monument on Federal land in the District of Columbia to honor Martin Luther King, Jr. Excepts such monument from the prohibition on the construction of works commemorating individuals who have died within 25 years. Provides that U.S. funds may not be used to establish the monument.
United States · United States Congress · 9 February 1989
Women in Development Act of 1989 - Requires the Administrator of the Agency for International Development (AID) to take specific steps to strengthen the Agency's women in development policy, including: (1) incorporating the active participation of local women and local women's organizations in its development activities; (2) instructing Agency staff and contractors to collect sex-disaggregated data and to insure that country strategies, projects, and programs are designed so that the percentage of women receiving assistance in proportion to the higher of their traditional participation in the targeted activities or their proportion of the population; (3) insuring that project and program evaluations include an assessment of the extent to which the project integrates women in the development process and of the project's impact on women; (4) increasing the number and responsibility of women in professional positions within AID; and (5) establishing within AID a task force on women in development. Amends the Foreign Assistance Act of 1961 to require that a minimum (currently, maximum) of $10,000,000 in funds made available for foreign assistance programs be used for programs to promote the participation and integration of women in the development process in developing countries. Specifies that a certain amount of such funds shall be made available as matching funds to support activities designed to better integrate women into AID programs. Requires the Administrator to report to the Congress annually on the implementation of this Act. Authorizes appropriations to be made available for the United Nations Development Fund for Women and the United Nations International Research and Training Institute for the Advancement of Women.
United States · United States Congress · 7 February 1989
Social Security Transitional Benefit Computation Act of 1989 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to alter the formula for computing the primary insurance amount of individuals who attain age 65 in or after 1982 and would otherwise be subject to the benefit computation rules of the Social Security Amendments of 1977. Extends the application of such transitional benefit computation rules to those who become eligible for benefits before 1989. (Currently those who become eligible after 1983 are subject to the benefit computation rules of the Social Security Amendments of 1977.)
United States · United States Congress · 7 February 1989
Public Housing Gateway Act of 1989 - Authorizes the Secretary of Labor (the Secretary) to make gateway program grants to public housing agencies to use public housing in the provision of employment training and services to economically disadvantaged public housing residents who are not more than 25 years of age. Requires that such grants be made with the advice and participation of the Gateway Task Force established under this Act. Requires public housing agencies to make the following training and services available to eligible individuals through the gateway program they must establish when they receive such a grant: (1) information on training, education, or services offered by the agency; (2) literacy training and bilingual training; (3) remedial education and training in basic skills (including communication skills, arithmetic, and problem-solving); (4) development of work habits and other personal management skills; and (5) free child care to facilitate participation in training and other services. Specifies additional training and services which may be offered to eligible individuals who are qualified through literacy training, training in basic and employment skills, and support services. Requires participants in gateway program training and services to be: (1) residents of public housing; (2) not more than 25 years of age; (3) economically disadvantaged; and (4) educationally disadvantaged. Limits mandatory child care services to: (1) participants in gateway program training or services during participation; (2) unemployed former participants who have successfully completed the program, for a specified period; and (3) employed former participants who have successfully completed the program, for a specified period. Permits support services to continue for up to 18 months to any individual after termination of participation in program training or services only if the individual has completed the training or services. Requires public housing agencies receiving such grants to attempt to employ in the gateway programs qualified residents of the public housing project involved. Prohibits consideration of earnings of and benefits to any individual resulting from participation in gateway training and services as income for public assistance or rent limitation purposes during specified periods of participation or post-participation employment. Provides that the use of the facilities of a recipient public housing agency in the provision of gateway training or services shall have no effect on the amount of operating assistance to such agency under the United States Housing Act. Establishes an interagency Gateway Task Force (the Task Force) to advise and assist the Secretary in carrying out this Act. Directs the Secretary to provide the Task Force with necessary information and facilities. Directs the Secretaries of Labor, Housing and Urban Development, Education, and Health and Human Services to each appoint members of the Task Force. Terminates the Task Force five years after its first regularly called meeting. Directs the Secretary to review at least annually compliance with this Act by public housing agencies receiving gateway program grants. Directs the Task Force to review gateway programs at least annually to determine their merits in enhancing the employability of public housing residents, and report its recommendations to the Secretary. Sets forth procedures for withholding grant payments in cases of agency noncompliance. Directs the Secretary to transmit to the President and the Congress: (1) annual reports on Task Force activities and recommendations; and (2) a final report, by the date of Task Force termination, on Task Force findings, conclusions, and recommendations. Authorizes appropriations for FY 1990.
United States · United States Congress · 7 February 1989
Volunteer Protection Act of 1989 - Prescribes circumstances under which volunteers working for nonprofit organizations or government entities shall be immune from personal financial liability for acts on behalf of the organization or entity. Sets forth exceptions to and conditions on the granting of such immunity that a State may impose. Requires the Secretary of Health and Human Services to increase by one percent the fiscal year allotment which would otherwise be made to a State to carry out the Social Services Block Grant Program under title XX of the Social Security Act if such State has, within two years, certified to the Secretary that it has enacted a State law which provides such immunity. Provides for the continuation of such increase based on an annual recertification.
United States · United States Congress · 7 February 1989
Caribbean Basin Scholarship Program Act of 1989 - Directs the Administrator of the Agency for International Development to establish and administer a scholarship program in the form of loans to enable students from eligible countries in the Caribbean Basin to study at institutions of higher education and vocational schools in the Commonwealth of Puerto Rico. Provides that repayment of such loans will be forgiven upon the student's prompt return to such student's country of origin for a period which is at least one year longer than the period spent studying in Puerto Rico.
United States · United States Congress · 7 February 1989
Designates July 27, 1989, as National Korean War Veterans Recognition Day and expresses the gratitude of the Congress and the Nation for the contributions made by the Korean War veterans.
United States · United States Congress · 7 February 1989
Expresses the sense of the Congress that the U.S. Government should reassess current policy and pursue a negotiated settlement to the civil war in El Salvador.
United States · United States Congress · 6 February 1989
Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act to make the U.S. residency requirement for SSI eligibility inapplicable to a child accompanying a parent who is a member of the armed forces serving a tour of duty overseas.
United States · United States Congress · 6 February 1989
American Heritage Trust Act of 1989 - Title I: American Heritage Trust - Establishes the American Heritage Trust, comprised of the Land and Water Conservation Fund and the Historic Preservation Fund, to provide funding for the preservation of America's natural, historical, cultural, and outdoor recreational areas. Title II: Land and Water Conservation Fund - Amends the Land and Water Conservation Fund Act to require the Secretary of the Treasury to invest a portion of the Land and Water Conservation Fund in public debt securities. Requires that the interest from such investments be used for the preservation of the Nation's recreational areas. Requires any excess interest to be credited to the Treasury. Sets forth a formula for the allocation of such interest income to the Federal Government and the States. Sets forth specified requirements with respect to the apportionment of such income to local and State governments, Indian tribes, and Alaska Native Village Corporations. Title III: Historic Preservation Fund - Amends the National Historic Preservation Act to extend the Historic Preservation Fund through 2015. Requires the Secretary of the Treasury to invest a portion of such Fund in public debt securities. Requires that the interest from such investments be used for the preservation of historic sites. Provides for allocation of a percentage of annual appropriations for State historic preservation trust funds. Title IV: Miscellaneous Provisions - Requires the owner of any site that benefits from moneys derived from the American Heritage Trust to install a sign indicating that fact. Requires the Secretary of the Interior, within 18 months after enactment of this Act, to provide for a contest for elementary or secondary school children for the design of a symbol to represent such Trust and for use in such signs.
United States · United States Congress · 6 February 1989
Medicaid Community and Facility Habilitation Services Amendments of 1989 - Title I: Community Habilitation and Supportive Services - Amends title XIX (Medicaid) of the Social Security Act to authorize States to cover community habilitation and supportive services for individuals with mental retardation or related conditions without regard to whether or not such individuals have been discharged from a nursing or habilitation facility. Defines community habilitation and supportive services as services which assist individuals in developing and maintaining the skills necessary to function successfully in a home or community-based setting. Requires that community habilitation and supportive services be provided to each client in accordance with an individual service plan prepared and periodically reviewed and revised by an interdisciplinary team on the basis of a comprehensive functional assessment of a client's needs conducted before his or her receipt of services and at least annually thereafter. Requires that such services meet minimum requirements, to be developed by the Secretary of Health and Human Services, regarding client rights and service quality. Makes the requirements imposed on habilitation facilities (under title II of this Act) regarding patient's rights and facility safety and sanitation applicable to residential settings in which community habilitation and supportive services are provided. Requires that residential settings: (1) disclose persons having an ownership or control interest in the setting; and (2) exclude a person from such interest if he or she has been excluded from the Medicaid program or had an interest in a residential setting repeatedly found to have provided substandard care. Requires a habilitation facility which converts to a residential setting to continue to provide continuous active treatment to residents who required such treatment at the time of conversion. Requires a residential setting to document a client's receipt of medical services. Makes the: (1) Secretary responsible for certifying that State providers of community habilitation and supportive services and residential settings in which such services are provided comply with Medicaid requirements; and (2) States responsible for certifying that other providers of and residential settings for such services comply with Medicaid requirements. Requires each State to: (1) conduct periodic educational programs for the staff and clients in residential settings for community habilitation and supportive services regarding requirements imposed on such setting; and (2) provide, through the State agency responsible for the certification of such providers and residential settings, for the receipt, review, and investigation of allegations of client neglect and abuse and of misappropriation of client property by providers. Requires that such providers and settings be certified annually. Bases residential setting certification on an annual, unannounced survey. Directs the Secretary to: (1) develop a protocol for conducting surveys; and (2) conduct sample surveys of residential settings, within two months of State surveys, to test the adequacy of State surveys. Authorizes the Secretary to conduct a special survey of a setting or a review of the provider when there is reason to question its compliance with this Act. Prohibits the use of surveyors who have an interest in the provider or setting being surveyed or have not completed a training and testing program approved by the Secretary. Requires States and the Secretary to investigate complaints against providers or settings concerning violations of this Act's requirements. Requires that: (1) certain information regarding providers and settings and their compliance with this Act's requirements be made available to the public; and (2) the State agency responsible for the protection and advocacy system for the developmentally disabled and the guardians of clients be notified of a provider's or setting's noncompliance with this Act's requirements. Gives State Medicaid fraud and abuse control units access to provider or setting survey and certification information. Requires that when the Secretary or State determines that a provider's or setting's deficiencies immediately jeopardize the client's health and safety, immediate action be taken to remove the jeopardy and correct the deficiencies or the provider's or setting's participation in Medicaid be terminated. Directs the Secretary and States to apply certain other remedies where the health and safety of clients are not immediately jeopardized. Requires the imposition of civil money penalties against providers and settings which are, or are found to have been, out of compliance with any of this Act's requirements. Sets forth the Secretary's responsibilities relating to community habilitation and supportive service requirements. Eliminates the restriction of the Medicaid waiver for community habilitation services to individuals who have been discharged from a skilled nursing or intermediate care facility. Directs the Secretary to report to the Congress annually on the extent to which providers and residential settings are complying with this Act's requirements and the number and type of enforcement actions taken by the Secretary and the States. Title II: Quality Assurance for Habilitation Facility Services - Defines a "habilitation facility" as an institution primarily engaged in providing health or habilitation services to individuals with mental retardation or related conditions and not primarily for the care and treatment of mental diseases. Sets forth requirements for habilitation facilities, including requirements that such facilities: (1) promote maintenance or enhancement of the quality of life, independence, productivity, and integration into the community of each client; (2) provide continuous active treatment which is coordinated and monitored by a qualified mental retardation professional; (3) provide such treatment in accordance with an individual program plan prepared and periodically reviewed and revised by an interdisciplinary team of professionals on the basis of an assessment of a client's developmental and behavioral management needs conducted upon the client's admission and at least annually thereafter; (4) not admit any new client with mental retardation or a related condition on or after January 1, 1991, unless the State mental retardation or developmental disability authority has determined on the basis of an evaluation performed independently of the facility that the individual requires habilitation facility services; (5) provide physician services 24 hours a day, annual physical examinations, licensed nursing services, comprehensive dental diagnostic and treatment services, routine and emergency drugs and biologicals, professional program services to implement each client's active treatment plan, and meal services; (6) require a physician's supervision of each patient's care, have a physician available to furnish emergency medical care, and maintain clinical records on all clients; (7) protect specified client rights, including the right to appeal a transfer or discharge and receive post-discharge preparation and planning services; (8) provide applicants and residents with information regarding the Medicaid program and not require applicants to waive their rights to such benefits or have a third party guarantee payment to the facility as a condition of their admission; (9) protect a client's personal funds upon the client's authorization and teach clients to manage their funds to the extent of their capabilities; (10) adopt certain measures to preserve facility safety and sanitation; and (11) meet such other conditions which the Secretary of Health and Human Services deems necessary for client health and safety. Sets forth the Secretary's responsibilities relating to habilitation facility requirements. Makes the Secretary responsible for certifying that State habilitation facilities comply, and States responsible for certifying that other habilitation facilities comply, with Medicaid habilitation facility requirements. Requires each State to: (1) conduct periodic educational programs for habilitation facility staff and clients regarding the requirements imposed on such facilities; and (2) provide, through the State agency responsible for the certification of habilitation facilities, for the receipt, review, and investigation of allegations of client neglect and abuse and of misappropriation of client property by facility staff. Bases habilitation facility certification on an annual, unannounced survey. Directs the Secretary to: (1) develop and test a protocol for conducting surveys; (2) establish minimum qualifications for surveyors and train them in survey and certification techniques; and (3) conduct sample surveys of habilitation facilities, within two months of State surveys, to test the adequacy of State surveys, and reduce Federal payments for State Medicaid administrative costs if such State surveys prove inadequate. Authorizes the Secretary to conduct a special survey of a facility when there is reason to question its compliance with this Act. Requires States and the Secretary to investigate complaints against a facility and monitor the compliance of a facility with this Act's requirements if the facility was previously found out of compliance or the State or Secretary has reason to question its compliance. Requires that: (1) certain information regarding habilitation facilities and their compliance with this Act's requirements be made available to the public; (2) the State agency responsible for the protection and advocacy system for the developmentally disabled and the guardians of facility clients be notified of a facility's noncompliance with this Act's requirements; and (3) survey results be posted in a place that is readily assessible to clients. Gives State Medicaid fraud and abuse control units access to facility survey and certification information. Requires that when the Secretary or a State determines that a habilitation facility's deficiencies immediately jeopardize residents' health and safety, immediate action be taken to remove the jeopardy and correct the deficiencies or such facility's participation in Medicaid be terminated. Directs the Secretary and States to apply certain other remedies where the health and safety of facility residents are not immediately jeopardized. Authorizes the imposition of civil money penalties against facilities found to be in compliance with this Act's requirements but to have been out of compliance previously. Provides that if a facility is out of compliance with any of this Act's requirements three months after having been found out of compliance with such requirements or on three consecutive annual surveys, Medicaid payments for newly admitted residents shall be denied, civil monetary penalties assessed and collected, and, in the latter case, on-site monitoring of the facility's compliance shall be established. Provides that when a facility is found to have deficiencies relating to the facility's physical plant that do not immediately jeopardize the health or safety of its clients, the State may submit to the Secretary a written plan for permanently reducing the number of certified beds in such facility within 36 months of such finding and providing services, including community habilitation and supportive services, to clients who thereby cease to receive facility services. Requires that Medicaid-eligible clients be given the option of retaining facility services. Requires the Secretary to report to the Congress annually on the extent to which habilitation facilities are complying with this Act's requirements and the number and type of enforcement actions taken by States and the Secretary. Title III: Appropriate Placement for Individuals with Mental Retardation or Related Condition - Requires that State mental retardation or developmental disability authorities conduct preadmission and annual reviews of habilitation facility applicants and residents with mental retardation or related conditions to determine whether they require facility services or community habilitation and supportive services. Directs that such preadmission and annual reviews be conducted in accordance with criteria to be developed by the Secretary by July 1, 1990. Requires States to provide community habilitation and supportive services for facility clients who need such services but no longer need habilitation facility services. Requires States to establish an appeals procedure for individuals adversely affected by such preadmission and annual reviews. Eliminates existing utilization review and penalty provisions directed at the provision of services in an intermediate care facility for the mentally retarded. Title IV: Payment for Community Habilitation Services and Habilitation Facility Services - Covers the reasonable and adequate costs of community habilitation and supportive services and habilitation facility services. Prohibits Medicaid reimbursement of providers or facilities for civil monetary penalties imposed pursuant to this Act. Title V: Employee Protections and Miscellaneous - Provides employment protections for employees affected by habilitation facility closures or capacity reductions occurring after this Act's enactment. Authorizes States to assign specific management functions relating to the provision of Medicaid services to individuals with mental retardation or related conditions to State agencies responsible for developmentally disabled individuals.
United States · United States Congress · 6 February 1989
Amends titles II (Old Age, Survivors and Disability Insurance) and XVI (Supplemental Security Income) of the Social Security Act to permit blind beneficiaries to select the agency or organization to which they will be referred for vocational rehabilitation services. Requires the Secretary of Health and Human Services to determine whether the agency or organization is an appropriate choice given each beneficiary's particular needs. Directs the Secretary to establish an advisory panel on rehabilitation services for the blind, a majority of which shall consist of blind consumers of rehabilitation services, to develop guidelines and standards for the provision of such services to the blind and to assist the Secretary in determining which agencies or organizations meet the needs of blind beneficiaries.
United States · United States Congress · 2 February 1989
Family and Medical Leave Act of 1989 - Title I: General Requirements for Family Leave and Medical Leave - Entitles employees to family leave for specified periods in cases involving the birth, adoption, foster care, or serious health condition of a child or the serious health condition of a parent. Entitles employees to temporary medical leave for specified periods in cases involving inability to work because of a serious health condition. Sets forth conditions for certification for such types of leave. Provides that such leave may be without pay. Allows employees to substitute other types of paid leave to cover part of such leave period. Sets forth employment and benefits protections relating to such leave. Provides for administrative enforcement of this title by the Secretary of Labor, as well as enforcement by civil action. Requires employers to post notice of the pertinent provisions of this title. Title II: Family Leave and Temporary Medical Leave for Civil Service Employees - Amends specified Federal law to entitle civil service employees to family and temporary medical leave for specified periods. Provides that such leave will be without pay. Allows employees to substitute other types of paid leave for part of such leave. Provides for protection for job position and health insurance benefits of employees using such leave. Directs the Office of Personnel Management to prescribe regulations for administration of this title which are consistent with the regulations prescribed by the Secretary of Labor under title I of this Act. Title III: Commission on Family and Medical Leave - Establishes the Commission on Family and Medical Leave. Requires the Commission to report on its study of family and medical leave (which may include legislative recommendations concerning coverage of small businesses) to the Congress within two years after the Commission first meets. Terminates the Commission within 30 days after its final report. Title IV: Miscellaneous Provisions - Sets forth the effect of this Act on existing laws and existing employment benefits. Provides that nothing in this Act shall be construed to discourage employers from adopting more generous leave policies. Directs the Secretary of Labor to prescribe regulations to carry out title I of this Act within 60 days.
United States · United States Congress · 2 February 1989
California Desert Protection Act of 1989 - Title I: Wilderness Additions - Designates as additions to the National Wilderness Preservation System 81 wilderness areas within the California Desert Conservation Area (CDCA), the Yuma District, and the Bakersfield District of the Bureau of Land Management. States that non-designated areas within the CDCA have been adequately studied for inclusion in the System and are therefore released from otherwise applicable restrictions. Designates certain lands within the CDCA as the White Mountains Wilderness Study Area. Title II: Death Valley National Park - Establishes the Death Valley National Park which subsumes the Death Valley National Monument. Withdraws the additional lands from further exploitation under the mining laws. Requires the Secretary of the Interior (the Secretary) to determine the validity of any unpatented mining claims within such additional lands and whether the United States should acquire any mineral rights in such lands. Title III: Joshua Tree National Park - Establishes the Joshua Tree National Park which subsumes the Joshua Tree National Monument. Withdraws the additional lands from further exploitation under the mining laws. Requires the Secretary to determine the validity of any unpatented mining claims within such additional lands and whether the United States should acquire any mineral rights in such lands. Title IV: Mojave National Park - Establishes the Mojave National Park which subsumes the East Mojave National Scenic Area. Withdraws Federal lands within the Park from further exploitation under the mining laws. Requires the Secretary to determine the validity of any unpatented mining claims within the Park and whether the United States should acquire any mineral rights in such lands. Authorizes the Secretary to regulate mining in such Park. Allows grazing only to the extent allowed in current permits. Continues the validity of existing rights-of-way for specified activities. Directs the Secretary to prepare and report to the appropriate congressional committees, within three years, on a management plan for the Park. Designates the Granite Mountains Natural Reserve within the Park. Authorizes the Secretary to construct a visitors' center and acquire lands. Authorizes appropriations. Title V: National Park Wilderness - Designates as wilderness the Death Valley National Park Wilderness, the Joshua Tree National Park Wilderness Additions, and the Mojave National Park Wilderness. Title VI: Miscellaneous Provisions - Directs the Secretary to transfer Red Rock Canyon State Park Additions in the CDCA to California. Establishes the Desert Lily Sanctuary within the CDCA. Establishes the Indian Canyons National Historic Site. Authorizes the Secretary to exchange Federal mineral interests in lands in California for private mineral interests in wilderness areas and national parks designated by this Act. Directs the Secretary to insure nonexclusive access to such wilderness areas and parks by Indian people for traditional cultural and religious purposes. Title VII: Military Activities - Provides that nothing in this Act shall preclude, limit, or otherwise affect low level overflights of military aircraft in the California desert in the same location and degree as existed prior to enactment of this Act. Withdraws from appropriation under the public land laws and reserves for military use by the Secretary of the Navy specified lands in California known as the China Lake Naval Weapons Center in Inyo, Kern, and San Bernardino Counties and Chocolate Mountain in Imperial County. Requires the Secretary to manage such lands' nonmilitary uses, subject to closure by the Secretary of the Navy for security or safety purposes. Requires the Secretary to develop, within three years, a management plan for such lands. Requires the Secretary of the Navy to prevent and suppress brush and range fires with reimbursable assistance from the Bureau of Land Management. Requires the Secretaries to enter into a memorandum of understanding concerning the management plan which includes the provision of fire control assistance upon request. Requires the Secretary of Defense to notify the Secretary whenever withdrawn lands are being used for defense-related purposes other than those specified, including the effect of such different use. Authorizes the Secretary to delegate management responsibilities for China Lake to the Secretary of the Navy. Requires the Secretary of the Navy to report annually to the Secretary, who shall then report to the appropriate congressional committees on the status of natural and cultural resources on such withdrawn lands. Terminates land withdrawals under this Act 15 years after this Act's enactment. Requires the Secretary of the Navy to publish a draft environmental impact statement on the continued or renewed withdrawal of lands under this Act. Requires such Secretary to hold a public hearing in California before the withdrawal's termination. Requires the Secretary of the Navy to maintain a decontamination program for such lands during their withdrawal. Requires the Secretary to report annually to the appropriate congressional committees on such decontamination efforts. Requires the Secretary of the Navy to notify the Secretary, at least three years before the termination of the withdrawal, whether an extension is going to be requested and, if not, to what extent such lands are contaminated with hazardous materials. Requires the Secretary of the Navy to decontaminate relinquished lands, but if such decontamination is not practicable or economically feasible, authorizes the Secretary to refuse to accept such lands. Requires the Secretary of the Navy to then: (1) warn the public of risks of entry; (2) conduct only decontamination activities on such lands after the expiration of the withdrawal; and (3) report to the Secretary and the Congress on the status of such lands. Directs the Secretary to publish the acceptance of withdrawn lands, indicating when such lands will be open and under what conditions. Exempts the United States from liability for injuries or damages resulting from nonmilitary activity on withdrawn lands. Authorizes an extension of the Navy's use of the El Centro Ranges in Imperial County, California, through January 1, 1990, subject to resource protection requirements.
United States · United States Congress · 2 February 1989
Medicaid Infant Mortality Amendments of 1989 - Amends title XIX (Medicaid) of the Social Security Act to phase-in mandatory State coverage of pregnant women and infants whose family income is below 185 percent of the Federal poverty level. Deducts child and medical care costs from the income eligibility test. Requires the continuation of such coverage for women through the month in which the 60-day post-partum period expires, and for infants throughout their first year of life. Directs the Secretary of Health and Human Services to report to the Congress by July 1, 1990, on State error rates in determining the Medicaid eligibility of pregnant women and infants. Suspends error rate penalties attributable to such eligibility determinations made from July 1, 1989, until one year after the Secretary's report. Requires that States make ambulatory prenatal care available to a pregnant woman during a presumptive eligibility period which ends when she is determined to be ineligible for Medicaid benefits or 14 days after she is determined to be eligible, but fails to apply. Amends title V (Maternal and Child Health Services) of the Act to require States to provide outreach services for Medicaid-eligible pregnant women and infants under such title. Amends the Medicaid program to reimburse States, at the Federal Medicaid assistance percentage, for outreach services identifying Medicaid-eligible pregnant women and infants and assisting them in applying for Medicaid coverage. Requires that States submit information to the Secretary, by April 1 of each year, pertaining to the supply of and demand for obstetrical and pediatric services and proposed Medicaid payment rates for such services so that the Secretary may determine whether such rates are sufficient to ensure that obstetrical and pediatric services will be at least as available to Medicaid beneficiaries as they are to the general population. Requires States to immediately revise rates determined to be insufficient. Increases, by 25 percent, the Federal share of Medicaid costs attributable to State demonstration projects to reduce infant mortality and childhood morbidity by improving the access of Medicaid-eligible pregnant women and infants to obstetricians and pediatricians. Limits FY 1990 expenditures for such projects. Excepts Medicaid-eligible pregnant women from required cooperation with States in establishing the paternity of children born out of wedlock. Requires States to: (1) coordinate Medicaid services with the special supplemental food program for women, infants, and children (WIC) under the Child Nutrition Act of 1966; and (2) notify Medicaid-eligible pregnant, breastfeeding, or postpartum women and children under age five of WIC program benefits.
United States · United States Congress · 2 February 1989
Amends title XVIII (Medicare) of the Social Security Act to cover, on a reasonable charge basis, the services of a clinical psychologist which would otherwise be covered if furnished by a physician or as incident to a physician's service.
United States · United States Congress · 2 February 1989
Establishes the Medicare Geographical Classification Review Board to decide on a rural hospital's application for classification as an urban hospital for Medicare payment purposes. Amends the Omnibus Budget Reconciliation Act of 1987 to alter the Rural Health Care Transition Grant Program to extend and increase authorized appropriations for such program through FY 1992, and permit the Secretary to waive the hospital grant limit. Expands, from four to ten hospitals, a Medicare demonstration program covering additional costs incurred by teaching hospitals in sending their residents to rural hospitals for training. Requires the Secretary to establish five-year Medicare demonstration programs covering costs incurred by five hospitals in providing clinical training to undergraduate nurses. Extends the regional referral center classification of hospitals so classified as of September 30, 1989, and the payment rates applicable to such hospitals under the Medicare program, through FY 1994.
United States · United States Congress · 2 February 1989
Fastener Quality Assurance Act of 1989 - Prohibits the offering for sale or sale in interstate commerce of any fastener (screw, nut, bolt, stud, similar threaded device, or washer) unless it is part of a lot which: (1) conforms to standards and specifications represented by the manufacturer or ordered by the purchaser; and (2) has been inspected, tested, and certified according to this Act. Requires manufacturers to have a fastener lot sample inspected by a laboratory accredited under an approved system (including one owned or affiliated with the manufacturer if it is so accredited). Authorizes the laboratory, upon determination of conformance with the appropriate standards and specifications, to provide the manufacturer certificates with respect to such lot. Directs the Secretary of Commerce to issue regulations to implement this Act. Prohibits any manufacturer from selling any primary container or lesser quantity of fasteners manufactured in the United States unless delivery to the first purchaser is accompanied by an original certificate from an accredited laboratory. Prohibits any person from selling any primary container or lesser quantity of fasteners manufactured outside the United States to any importer or end user unless delivery is accompanied by a certificate. Allows delivery to an importer or private label distributor without the required certificate if: (1) the manufacturer discloses in writing the appropriate standards and specifications; and (2) the importer or private label distributor assumes responsibility in further sale or offer of sale unless delivery to the first subsequent purchaser is accompanied by an original certificate from an accredited laboratory. Requires that a copy of the original certificate be provided to subsequent wholesale purchasers. Requires persons who make material physical alterations to a fastener subsequent to manufacture to have the altered fastener inspected and tested before offering it for sale or selling it unless delivery is accompanied by a disclosure of the alteration and a warning. Requires subsequent disclosures of the alteration in resales. Prohibits commingling of fasteners from different lots in the same primary container or other package. Requires fastener manufacturers or private label distributors to comply with requirements of a program for recordation of insignias. Directs the Secretary to establish such a program, including regulations to ensure traceability. Sets forth civil remedies, including declaratory and injunctive relief, and criminal penalties, including fines and imprisonment, for violations of this Act. Provides that nothing in this Act shall be construed to: (1) preempt any rights or causes of action that any buyer may have respect to any seller of fasteners under the law of any State, except insofar as such State law conflicts with this Act; and (2) limit or otherwise affect the authority of the National Institute of Standards and Technology or any voluntary consensus standards organizations to establish, modify, or withdraw any standards and specifications under any other law or authority in effect on the date of enactment of this Act.
United States · United States Congress · 2 February 1989
Amends the Rehabilitation Act of 1973 to authorize the Director of the National Institute on Disability and Rehabilitation to conduct a research program to finance development of advanced technology prosthetic and orthotic devices by Federal, State, and local government agencies and qualified private organizations. Requires such program to include research on: (1) the development of lower and upper limb devices; (2) useful applications of modern materials; and (3) new methods of utilizing body power. Directs the Secretary of Education to prescribe regulations for such program within 90 days. Authorizes appropriations for FY 1990 and 1991 for such research program. Requires that at least ten percent of such funds be used to make grants to providers of prosthetic and orthotic services who are approved under agreement with the Department of Veterans Affairs.
United States · United States Congress · 2 February 1989
Homeownership Assistance Act of 1989 - Amends the National Housing Act to create a special mortgage insurance program for first-time homebuyers. Defines "first-time homebuyer" as an individual who or whose spouse has not owned a principal residence during the 18 months prior to a Federal Housing Administration (FHA) insured home purchase. Authorizes downpayment reductions. Authorizes an FHA demonstration program to insure 100 percent of a home's value for a first-time homebuyer. Authorizes FHA to insure adjustable rate mortgages with annual interest rate increases of up to two percent (currently one percent). Repeals the aggregate annual limit. Amends the Federal National Mortgage Association Charter Act to provide for secondary market purchases of such downpayment mortgage loans. Amends the Deficit Reduction Act of 1984 to exempt such loans from specified offset debt collection provisions. Requires the Secretary of Housing and Urban Development to submit annual program reports to the Congress.
United States · United States Congress · 2 February 1989
Provides that crew members of the U.S.S. Pueblo, who were taken prisoner and held captive by North Korea in January of 1968, shall be eligible for prisoner-of-war medals, notwithstanding specified limitations regarding the awarding of such medals.
United States · United States Congress · 2 February 1989
Amends title XX (Block Grants to State for Social Services) of the Social Security Act to increase the amount authorized for fiscal years after FY 1989.
United States · United States Congress · 2 February 1989
Amends the Agricultural Act of 1949 to permit wheat, feed grain, rice, and cotton producers to use certain diverted acreage for irrigation water storage.
United States · United States Congress · 2 February 1989
Amends the Internal Revenue Code to include parsonage allowances as compensation for purposes of the limitation on benefits payable under defined benefit plans.
![Official portrait of Del. de Lugo, Ron [D-VI-At Large]](https://www.congress.gov/img/member/d000209_200.jpg)