United States · United States Congress · 25 March 1986
Federal Insurance Commission Act - Subtitle A: Federal Insurance Commission Act. Subtitle B: Establishment of Federal Insurance Commission - Creates the Federal Insurance Commission. Requires the Commission to submit annual reports to the Congress and the President. Requires the principal office of the Commission to be located in or near the District of Columbia. Specifies the general powers of the Commission. Subtitle C: Supervision and Regulation by Federal Insurance Commission - Imposes on the Commission the duty to supervise and regulate all activities of any insurer affecting commerce to ensure that such insurer is solvent, charges reasonable premiums, and otherwise acts in the public interest. Allows the Commission to require the filing of certain reports, documentation, and information as it may deem appropriate. Subtitle D: Unfair Insurance Practices - Declares unfair insurance practices in commerce to be unlawful. Empowers and directs the Commission to prevent persons from engaging in such practices. Sets forth the procedures to be employed by the Commission in any proceeding against a person believed to be using unfair insurance practices in commerce. Empowers the Commission to issue cease and desist orders to persons involved in such practices. Sets forth the procedures for obtaining review of such orders in a U.S. court of appeals. Sets forth the conditions under which such an order becomes final, is modified, or is set aside. Sets penalties for violations of such orders. Subtitle E: Federal Insurance Administration - Transfers to and vests in the Federal Insurance Commission all the functions, powers, and duties of the Federal Insurance Administration of the Department of Housing and Urban Development. Subtitle F: Definitions and Miscellaneous - Defines terms. Authorizes appropriations.
United States · United States Congress · 25 March 1986
Uniform Product Liability Act - Sets forth uniform national standards for product liability actions. Preempts all existing law governing matters within its coverage, except for the recovery of direct or consequential economic losses under the Uniform Commercial Code or similar laws. Allows a claim to be brought even though the claimant did not buy the product from, or enter into any contractual relationship with, the product seller. Sets forth basic standards of responsibility for manufacturers and product sellers. Subjects a product manufacturer to liability for a claimant's harm which is proximately caused by a product which was unreasonably unsafe: (1) in construction; (2) in design; (3) because adequate warnings or instructions were not provided; or (4) because it did not conform to the product seller's express warranty. Specifies the requisite findings which must be made by the trier of fact in order for such a determination to be made. Subjects a product seller, other than a manufacturer, to liability for a claimant's harm which is proximately caused by such seller's failure to use reasonable care with respect to the product. Enumerates circumstances under which such a seller is also subject to the liability of a manufacturer. Provides that a product seller shall not be liable for harm caused by an unavoidably dangerous aspect of a product, with certain exceptions. Sets forth certain rules of evidence in product liability cases with respect to: (1) industry custom; (2) compliance or noncompliance with a nongovernmental safety or performance standard; (3) practical technological feasibility; (4) legislative or administrative regulatory standards; and (5) mandatory government contract specifications. Requires an attorney who anticipates filing a product liability claim to notify all product sellers against whom the claim is likely to be brought. Specifies procedures with respect to such notice. Sets forth provisions governing the length of time product sellers are subject to liability. Provides for a ten-year statute of repose, with certain exceptions, and a three-year statute of limitations. States that all claims under this Act shall be governed by the principles of comparative responsibility. Sets forth rules with respect to conduct affecting comparative responsibility, including: (1) the failure to discover a defective condition; (2) the use of a product with a known defective condition; (3) the misuse of a product; and (4) the alteration or modification of a product. States that a right of contribution exists between or among two or more persons who are jointly and severally liable (whether or not judgment has been recovered against all or any of them). Requires that damages in any product liability claim be reduced by any amount received as worker compensation benefits. Allows a party to seek reimbursement for reasonable attorneys' fees and other costs where the opposing party has pursued a frivolous claim or defense. Allows any party to institute a pretrial arbitration proceeding in any claim brought under this Act if the court determines that: (1) the amount in dispute is less than $50,000; and (2) any nonmonetary claims are insubstantial. Sets forth procedural rules for such proceedings. Sets forth provisions regarding court-appointed expert witnesses. Allows the trier of fact to determine the amount of nonpecuniary damages when sufficient evidence has been introduced, subject to review by the court for excessiveness. Provides that a claimant's recovery shall be reduced by any compensation from a public source which the claimant will receive for the same damages. Allows punitive damages to be awarded if the claimant proves by clear and convincing evidence that the harm suffered was a result of the product seller's reckless disregard for safety. Lists factors to be considered by the court when determining the amount of such damages.
United States · United States Congress · 25 March 1986
Amends the McCarran-Ferguson Act to terminate the suspension of the applicability of Federal antitrust laws to the insurance industry on March 1, 1987. Provides that the Sherman Act, Clayton Act, and Federal Trade Commission Act shall apply to any agreement or act to boycott, coerce, or intimidate. Directs the Federal Trade Commission to propose for public comment and adopt by March 1, 1987, antitrust exemptions for essential collective activities of the insurance industry.
United States · United States Congress · 25 March 1986
Amends the McCarran-Ferguson Act to remove the present exemption from certain Federal laws (including the antitrust laws) which would, without such exemptions, relate to regulating the business of insurance.
United States · United States Congress · 25 March 1986
Amends the McCarran-Ferguson Act to empower the Federal Trade Commission to determine whether State insurance regulations are entitled to exemptions from certain Federal antitrust laws.
United States · United States Congress · 25 March 1986
Amends the McCarran-Ferguson Act to restrict the "business of insurance" subject to State regulation or taxation to only those matters directly affecting the solvency and reliability of insurers, and those activities directly related to the underwriting of any risk. Excludes from the purview of State regulation any other matter, including the advertising of any insurance product or service.
United States · United States Congress · 21 March 1986
Amends Federal military pay and allowances provisions to provide increased authority for the temporary storage of household effects of members of the armed forces in connection with a change of duty station.
United States · United States Congress · 19 March 1986
Employment Opportunities for Disabled Americans Act - Makes permanent provisions which provide benefits under title XVI (Supplemental Security Income) of the Social Security Act for individuals who perform substantial gainful activity despite a severe medical impairment. Removes SSI limitations for the first two months of an individual's stay in a health facility if such individual was eligible for the benefits made permanent by this Act during the month preceding admission to the facility. Requires the district offices of the Social Security Administration to each designate a staff member to implement the program providing benefits to individuals who perform substantial gainful activity despite severe medical impairment. Revises the eligibility requirements for such benefits. Directs the Secretary of Health and Human Services to establish and implement procedures which provide that whenever an individual is formally notified of his or her SSI eligibility, such individual will also be notified of the availability of assistance under title XIX (Medicaid) of such Act. Directs the Secretary, when any individual receives SSI benefits on the basis of a disability, to notify such individual of his or her potential eligibility for the SSI benefits available for those performing substantial gainful activity despite a severe medical impairment. Directs the Comptroller General to conduct a study of the operation of the SSI section which provides benefits for individuals who perform substantial gainful activity despite a severe medical impairment, with the particular objective of evaluating the work incentive provisions of such section. Requires the Comptroller General to report to the Congress the findings of such study. Provides that when an individual becomes ineligible for SSI benefits upon entitlement to child's insurance benefits under title II (Old Age, Survivors and Disability Insurance) of the Act, such individual shall be treated for Medicaid purposes as continuing to receive SSI benefits so long as he or she would otherwise be eligible for such benefits. Authorizes the Secretary to conduct demonstration projects designed to assess the advantages and disadvantages of various work incentive programs under the OASDI and SSI programs. Sets forth reporting requirements.
United States · United States Congress · 18 March 1986
Authorizes the Secretary of the Interior to provide water resource research, planning, and management assistance in the U.S. territories and commonwealths, and areas outside the national domain. Sets forth areas of consideration for the Secretary in implementing this Act. Prohibits the Secretary from committing to activities or projects: (1) in excess of a specified cost; or (2) which require substantial personnel resources until the 60th calendar day after notifying the appropriate congressional committees. Requires the Secretary to report on activities under this Act by December 31, 1987, and annually thereafter. Authorizes appropriations as necessary for FY 1987, 1988, and 1989.
United States · United States Congress · 17 March 1986
Community Services Programs Amendments of 1986 - Amends the Head Start Act to authorize appropriations for FY 1987 through 1990 to carry out the Head Start program. Amends the Follow Through Act to authorize appropriations for FY 1987 through 1990 to carry out the Follow Through program. Amends the Omnibus Reconciliation Act of 1981 to: (1) rename specified provisions as the "Dependent Care Programs Act"; and (2) authorize appropriations for FY 1987 through 1990 to make allotments to States for such dependent care programs. Amends the Community Services Block Grant Act (the Act) to authorize appropriations for FY 1987 through 1990 for grants to States to ameliorate poverty. Requires compliance evaluations to include identification of the impact the use of such funds has on children, homeless families, and the elderly poor. Authorizes the Secretary of Health and Human Services to provide for use of community services block grants under the Act for specified programs of the Community Economic Development Act of 1981. Authorizes appropriations for FY 1987 through 1990 for community food and nutrition programs under the Act.
United States · United States Congress · 13 March 1986
Amends the Federal Aviation Act of 1958 to provide that upon conviction of an air carrier for either failure to file requisite reports, or the falsification of such reports, the criminal penalty shall include a fine in accordance with Federal criminal law, or a maximum term of five years' imprisonment, or both. Provides a maximum civil penalty of $1,000 for safety violations relating to notification of proposed construction of structures which could pose a hazard to air navigation. (Current law provides only for a criminal penalty.) Increases from $1,000 to $10,000 the maximum civil penalty which may be imposed for violation of certain administrative, security, and safety regulations by commercial aircraft operators.
United States · United States Congress · 13 March 1986
Fair Trade and Economic Justice Act - Title I: Declares U.S. policies, including to promote an open and fair international trading system and to treat as an unfair practice competitive and advantages derived from denial of worker rights. Title II: Negotiating Objectives Regarding the General Agreement on Tariffs and Trade and Enforcement of Internationally Recognized Worker Rights - Amends the Trade Act of 1974 to include among the actions to be taken on trade agreements the enhancement of the General Agreement on Tariffs and Trade (GATT) through: (1) the adoption of an additional GATT article declaring that the exploitation of workers is an unjustifiable means for a country to gain a competitive trade advantage; (2) the amendment of the GATT to affirm such principle; or (3) the adoption and implementation of a code or internationally recognized worker rights. Prohibits the President from entering into any negotiation with respect to any trade agreement unless the President first reports to specified congressional committees on the actions that will be taken to protect workers' rights and to redress the trade disadvantage of countries that rely primarily on direct taxes for revenue needs. Prohibits any trade agreement entered into after enactment of this Act from taking effect with respect to the United States unless the President consults with specified congressional committees on the progress being made to protect workers' rights. Title III: Relief from Unfair Trade Practices - Amends the Tariff Act of 1930 to establish in the International Trade Commission (ITC) the Office of Unfair Trade Investigations. Sets forth the functions of such Office, including: (1) carrying out the functions assigned on October 1, 1985, to the ITC's Office of Unfair Import Investigations; and (2) monitoring the operation of U.S. and foreign trade laws, policies, and practices. Requires the Office to take certain actions if a foreign country or instrumentality is suspected of: (1) subsidizing or dumping exports to the United States; (2) engaging in unfair trading practices; or (3) violating U.S. trade rights under trade agreements. Sets forth factors to be considered by the Office. Authorizes the U.S. Court of International Trade to review an Office determination of whether a country's foreign trade policies deny internationally recognized worker rights. Prohibits the Office from taking action in certain cases. Requires the ITC to ensure that the Office has sufficient manpower and resources to carry out its functions. Transfers from the President to the U.S. Trade Representative (USTR) certain functions relating to enforcement of U.S. trade rights under trade agreements and response to certain foreign trade practices. Requires the USTR, if notified that a foreign act, policy, or practice is a cause of injury or threat of injury to a domestic industry or is injurious industrial targeting, to decide which of the following actions to take, in addition to actions taken under the GATT: (1) suspension, withdrawal, or prevention of application of trade benefits; (2) imposition of import duties or restrictions on the production and services of such foreign entity; (3) negotiation of orderly marketing agreements; (4) development of actions to restore or improve the international competitiveness of the injured or threatened industry; and/or (5) the denial of most favored nation treatment to products of the foreign entity. Requires the USTR, upon receiving such notification, to begin negotiations on an agreement to eliminate the injurious act, practice, or policy. Authorizes the USTR, subject to presidential disapproval, to: (1) restrict the terms and conditions of certain service sector access authorizations; or (2) deny the issuance of such authorizations.
United States · United States Congress · 13 March 1986
Expresses the House of Representatives' disapproval of any proposal to establish a Social Security Court or limit, in any other manner, the jurisdiction of U.S. district courts over appeals of administrative decisions concerning entitlement to social security benefits.
United States · United States Congress · 6 March 1986
Medicare Continuing Care, Equity, and Quality Assurance Act of 1986 - Title I: Continuing Care Reforms - Amends part A (General Provisions) of title XI of the Social Security Act to direct the Secretary of Health and Human Services to establish a Continuing Care Policy Council composed of members with expertise in geriatrics or rehabilitative practices. Requires the Council to make recommendations to the Secretary concerning the administration of continuing care services under titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act and as such services are affected by title I of this Act. Amends part A (Hospital Insurance) of the Medicare program to require the Secretary to establish medical claims standards which are to be applied uniformly and take into account a patient's medical profile, condition, and other practical considerations in determining the medical reasonableness and necessity of claims for continuing care services (defined to include extended care and home health services). Requires the Secretary to annually review and, if necessary, revise the standards. Authorizes a fiscal intermediary which has initially determined that some or all of a continuing care services claim may be denied, but has not yet officially denied the claim, to consult with the service provider, patient, and patient's physician to review the determination and approve a modified claim if the services are appropriate and the patient concurs in the modification. Directs the Secretary, in determining whether payments to home health agencies and skilled nursing facilities should be denied, to continue certain presumptions of compliance with reasonable and necessary services requirements until a system providing for case-by-case determinations of authorizations for continuing care services is implemented. Requires system implementation within 30 months of enactment of this Act. Requires a fiscal intermediary to reimburse a provider of continuing care for services provided to an individual for whom there was reasonable evidence of entitlement if the provider makes a timely request that the intermediary determine whether the individual is entitled to such services. Sets forth deadlines by which fiscal intermediaries must respond to provider inquiries concerning the medical necessity of continuing care services. Requires intermediaries to reimburse providers for medically unnecessary services provided over periods during which the intermediary's response is past due. Indemnifies beneficiaries who pay providers for continuing care services without knowing that they are unqualified for such services or that such services are medically unnecessary. Requires the Secretary to investigate allegations that a skilled nursing facility or home health agency has delayed or restricted acceptance of an individual until its receipt of the intermediary's response to its entitlement or medical necessity inquiries. Entitles individuals whose claim for continuing care services has been denied to a hearing by the Secretary and judicial review of the Secretary's final decision. Authorizes provider appeals on behalf of beneficiaries. Provides that, when a fiscal intermediary denies payment for continuing care services or a provider first furnishes such services, such organizations must inform beneficiaries regarding the individual's rights under this Act to appeal payment determinations. Amends part B (Peer Review) of title XI of the Act to require peer review organizations, in certain situations to be determined by the Secretary, to perform independent medical reviews of fiscal intermediary denials of payment for continuing care services. Requires each peer review organization to annually report to the Secretary regarding such reviews. Directs peer review organizations to authorize payment for services which would not otherwise meet payment conditions where such organization certifies that exceptional circumstances exist to justify the cost-effective provision of the services. Amends part A (Hospital Insurance) of the Medicare program to establish a special benefit consisting of payments to hospitals which retain patients who require only the level of care provided in a skilled nursing facility, but cannot transfer to such a facility due to the unavailability of space in such facilities. Requires the Secretary to establish performance standards for fiscal intermediary medical claims review which: (1) weigh the accuracy and timeliness of such review commensurately with cost savings from such review; (2) specify the qualifications required of review personnel; and (3) require an intensive level of review for new providers and providers with poor performance records. Requires the Secretary to annually inform the Continuing Care Policy Council regarding the intermediaries' performance under these standards. Directs the Secretary to establish a Medicare benefits management demonstration program, including projects which: (1) substitute, for the process of submitting separate claims by providers for an individual beneficiary, a single benefits manager that would identify and track the benefits most appropriate to the beneficiary; and (2) provide additional benefits to Medicare beneficiaries, including noncovered benefits if no additional costs are thereby imposed on beneficiaries or Medicare. Title II: Quality Assurance Reforms - Amends part B (Peer Review) of title XI of the Act to establish a National Council on Quality Assurance. Directs the Director of the Congressional Office of Technology Assessment to provide for the appointment of members of the Council. States that the general functions of the Council shall be to: (1) provide oversight on the operations of the quality assurance system under the Medicare program; and (2) make recommendations annually to the Secretary of Health and Human Services and the Congress for improvements in the system. Sets forth the Council's functions more specifically. Requires the Council to report annually to the Congress on the functioning and progress of the Council. Authorizes appropriations. Requires contracts with peer review organizations to provide that: (1) at least one-half of the organizations' efforts must be on quality assurance activities; (2) quality assurance activities shall be conducted with respect to all the different types of items and services covered by Medicare; and (3) the level of activity for each of the different types of services and items shall reasonably reflect the proportion of Medicare payments made for that type of service or item. Adds to the definition of the term "peer review organization" so as to require such an entity to: (1) include in its composition representatives of other individuals responsible for the provision of services and items for which the organization is responsible for conducting quality assurance activities; and (2) have a consumer advisory board. Defines a "consumer advisory board." Requires any peer review organization to: (1) educate Medicare beneficiaries; (2) provide for a toll-free 24 hour telephone number, which shall be provided to Medicare beneficiaries for the purpose of receiving questions and complaints from Medicare beneficiaries; (3) assist in resolving any such complaints that are legitimate; (4) make available to its consumer advisory boards appropriate information received from the telephone service; and (5) train members of its consumer advisory board. Appropriates funds, in addition to any other amounts appropriated to carry out part B of title XI, from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund for distribution to peer review organizations. Amends part B (Supplementary Medical Insurance) of the Medicare program to require hospitals to implement a discharge planning process which meets guidelines and standards to be established by the Secretary, in conjunction with the Continuing Care Policy Council and Council on Quality Assurance, to: (1) protect against inappropriate early hospital discharges; (2) ensure a timely and smooth transition to the most appropriate type of and setting for post-hospital care; and (3) permit early initiation of the authorization process for continuing care services. Requires peer review organizations to monitor hospitals' compliance with discharge planning process requirements. Sets forth study and reporting requirements.
United States · United States Congress · 5 March 1986
Social Security Act Mental Health Amendments of 1986 - Amends titles XVI (Supplemental Security Income), XVIII (Medicare), and XIX (Medicaid) of the Social Security Act to provide benefits for chronically mentally ill individuals. Requires State plans under title XIX to include case management services and home and community-based services for such individuals. Requires any hospital receiving funds under titles XVIII or XIX to have a case plan established for, and a case manager assigned to such individuals prior to their discharge. Treats certain chronically mentally ill individuals about to be discharged from an institution as presumptively disabled for purposes of title XVI. Extends the period during which certain institutionalized mentally ill may receive SSI benefits if such individuals are expected to return home upon discharge. Provides Medicaid coverage for certain SSI recipients who are chronically mentally ill and would be institutionalized but for such coverage. Preserves the eligibility of such individuals for SSI benefits for the period during which they are in transitional living facilities. Repeals limits on coverage of outpatient services relating to mental illness under part B (Supplementary Medical Insurance) of Medicare.
United States · United States Congress · 5 March 1986
State Comprehensive Mental Health Services Plan Act of 1986 - Amends title XIX (Block Grants) of the Public Health Service Act to authorize the Secretary of Health and Human Services to make grants to States for the development of State comprehensive mental health services plans. Authorizes appropriations for FY 1987. Sets forth the requirements for such plans, which include: (1) establishing objectives for providing mental health prevention and treatment services; (2) describing the resources devoted to, and the activities to be carried out under, such plan; (3) providing case management services for each chronically mentally ill individual; (4) establishing and implementing a program of outreach to, and services for, chronically mentally ill individuals who are homeless; and (5) providing, to the maximum extent feasible, for the delivery of services through community mental health centers. Requires each State to transmit a report to the Secretary describing the progress made by such State in implementing its comprehensive plan. Requires each State to establish an Advisory Council on Mental Health Planning. Directs the Secretary to: (1) establish national goals and objectives for a community-based system of mental health care; and (2) conduct a review, at least every three years, of each State's program to determine whether it is in accordance with the national goals and objectives. Authorizes appropriations for Alcohol and Drug Abuse and Mental Health Services Block Grants through FY 1988. Authorizes the Secretary to make grants for demonstration projects to provide services for homeless mentally ill individuals. Authorizes appropriations for FY 1987 through 1989.
United States · United States Congress · 5 March 1986
Asbestos Hazard Emergency Response Act of 1986 - Amends the Toxic Substances Control Act to direct the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations for asbestos hazard abatement in the schools. Directs the Administrator to develop a model accreditation plan for States to give accreditation to individuals who inspect, manage, abate, and analyze asbestos problems. Makes the use of accredited personnel a condition for receiving financial assistance under the Asbestos School Hazard Abatement Act of 1984. Requires each State Governor to establish administrative procedures for the certification of school asbestos inspection and abatement programs and for asbestos management plans, all to be carried forward by the local educational agency. Requires warning labels on any asbestos still in routine maintenance areas of a school building. Makes any local educational agency which fails to comply with this Act liable for civil penalties, including injunctive action. Requires the Administrator or appropriate Governor to investigate citizen complaints Authorizes the Administrator or the appropriate State Governor to take necessary response measures where asbestos in a school building may be hazardous and adequate local measures have not been taken. Sets forth the relationship of pollution liability insurance risk retention groups to State law, including securities law. Establishes the Asbestos Trust Fund in the Treasury to carry out the Asbestos Hazards Abatement Assistance Program. Authorizes appropriations for FY 1987 through 1990.
United States · United States Congress · 5 March 1986
Housing for the Chronically Mentally Ill Act of 1986 - Amends the Housing and Community Development Act of 1974 to permit State mental health authorities, or other private nonprofit or public agencies designated by a State, to use vacant residential property to provide supervised living for the chronically mentally ill. Authorizes appropriations for FY 1986 and for each fiscal year thereafter. Amends the Housing Act of 1959 to set aside specified amounts beginning in FY 1986 for handicapped family housing loans. Amends the United States Housing Act of 1937 to authorize a housing voucher program for the chronically mentally ill. Authorizes FY 1986 through 1988 appropriations.
United States · United States Congress · 4 March 1986
Parental and Medical Leave Act of 1986 - Title I: General Requirements for Parental and Medical Leave - Entitles employees to parental leave for specified periods in cases involving the birth, adoption, or serious health condition of a child. 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. Sets forth provisions for injunctive relief, monetary relief, and attorneys' fees. Requires employers to post notice of the pertinent provisions of this title. Title II: Parental Leave and Temporary Medical Leave for Civil Service Employees - Amends specified Federal law to entitle civil service employees to parental leave 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. Sets forth 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 Paid Parental and Medical Leave - Establishes the Commission on Paid Parental and Medical Leave. Requires the Commission to report on its study of paid parental and medical leave 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. Directs the Secretary of Labor to prescribe regulations to carry out title I of this Act.
United States · United States Congress · 4 March 1986
Declares that the House of Representatives calls upon the President to urge: (1) Jean-Claude Duvalier to return to the Haitian people the wealth he has taken illegally; and (2) other countries to deny him asylum until he returns such funds.
United States · United States Congress · 3 March 1986
Expresses the sense of the House of Representatives that both Spain and Israel should be congratulated on establishing full diplomatic relations with each other.
United States · United States Congress · 28 February 1986
Medicare Part C: Catastrophic Health Insurance Act of 1986 - Amends title XVIII (Medicare) of the Social Security Act to add a new part C entitled "Program for Catastrophic Coverage, Long-Term Care, and Certain Preventive Benefits." (Redesignates the current part C as part D.) Provides coverage for individuals who are entitled to part A (Hospital Insurance) benefits, are enrolled under part B (Supplementary Medical Insurance), and enroll with a public or private organization having a contract with the Secretary of Health and Human Services to provide part C services (part C organizations). Requires part C organizations to provide services without imposing deductibles, copayments, or coinsurance, or imposing time restrictions on benefits for inpatient hospital services or extended care services. Requires, in addition, that part C organizations provide: (1) routine biennial physical checkups; (2) routine eye care, including an annual vision examination and prescription eyeglasses; (3) dental services, including teeth cleaning, extractions, examinations, and dentures; (4) hearing examinations and aids; and (5) intermediate and long-term care services provided in the least restrictive environment. Directs part C organizations to provide additional health benefits to enrollees if the adjusted community payment rate for required services is less than the average per capita payment to the organization for the annual contract period. Authorizes the Secretary's contract with part C organizations to provide additional optional services if such services will not substantially discourage enrollments. Requires part C organizations to reimburse other organizations which provide medically and immediately necessary services to their enrollees in circumstances where such services could not reasonably have been obtained through the enrollee's organization. Requires the Secretary to make advance monthly payments to part C organizations in accordance with a per capita rate of payment for each class of enrollee, such rates to be determined annually pursuant to a specified formula. Authorizes retroactive payment adjustments to account for any difference between the actual number of individuals enrolled and the number estimated to be enrolled in determining the advance payment. Authorizes part C organizations to charge or permit providers to charge liable third parties or enrollees, to the extent they have been paid by third parties, for the organizations' services. Requires the Secretary's part C payments to be made exclusively to part C organizations. Provides that, where an individual receiving inpatient hospital services enrolls in a part C organization, such organization shall not be financially responsible for those services. Provides, however, that where part C enrollment is terminated while inpatient hospital services are being provided, the organization is financially responsible for such services from the date of enrollment to the date of discharge. Provides part C enrollees with protection against the risk of and responsibility for a part C organization's insolvency. Requires part C organizations to provide meaningful procedures for hearing and resolving grievances between the organization, or its service providers, and enrollees. Authorizes enrollee appeal to a local review board, at least one-half of which is composed of representatives of part C eligible individuals. Provides for further appeal to the Secretary where the amount in controversy is at least $100 and judicial review of the Secretary's determination if that amount equals or exceeds $1,000. Requires part C organizations to have an ongoing quality assurance program which stresses health outcomes and provides for the review of its health care services by health care professionals. Requires peer review organizations to review part C health care services. Directs the Secretary to annually review such services. Sets forth miscellaneous terms required in a part C organization's contract with the Secretary, including provisions facilitating the flow of information from such organizations. Requires each organization to have an annual 30-day open enrollment period and the Secretary to establish a single 30-day period where several organizations service the same area. Requires part C organizations to inform individuals seeking to enroll regarding benefits provided, premiums required, and such other information as the Secretary may require. Prohibits an organization's distribution of applications or promotional and informational materials unless such materials have been submitted to the Secretary at least 45 days before distribution and have not been disapproved. Terminates an individual's enrollment upon such individual's: (1) loss of entitlement to part A (Hospital Insurance) benefits; (2) termination from part B (Supplemenal Medical Insurance) enrollment; or (3) failure to pay part C premiums. Sets forth the procedure to be used in determining the monthly premium required of part C enrollees. Limits the monthly premium which may be required to a specified percentage of an individual's gross income, except in the case of late enrollments. Deposits such payments in the Federal Medicare Part C Trust Fund. Authorizes the Secretary to enter into agreements with States in order to effect the part C enrollment of eligible groups covered under certain State public assistance programs. Establishes the Medicare Part C Trust Fund in the Treasury. Transfers to such trust fund those amounts in other Medicare trust funds which would have been expended under parts A and B had the enrollee chosen coverage under those programs.
United States · United States Congress · 27 February 1986
Amends part B (Peer Review) of title IX of the Social Security Act to require peer review organizations receiving a Medicare beneficiary's request, while such beneficiary is still a hospital inpatient, for reconsideration of a determination denying payment for continuing inpatient hospital care to give the beneficiary notice of its reconsidered determination within two days of receiving the request.
United States · United States Congress · 27 February 1986
Native American Diabetes Prevention and Control Act of 1986 - Requires the Secretary of Health and Human Services to determine: (1) the incidence of diabetes among Native Americans; (2) activities the Indian Health Service should take to reduce such incidence, to provide guidance in the prevention, treatment, and control of diabetes, to provide early diagnosis, and to ensure proper health care to those Native Americans who are diagnosed as diabetic; and (3) the fiscal impact to the Federal Government of treating diabetes among such people. Requires the Secretary to prepare an inventory of all health care programs and resources within the United States that are available for the treatment, prevention, or control of diabetes among Native Americans. Requires the Secretary to transmit to the President and the Congress a report containing his determinations and research activities among Native Americans. Requires the Secretary to: (1) implement a program to strengthen and expand the diabetes program of the Indian Health Service; (2) enable the Service to treat such disease effectively; and (3) conduct, for Federal, tribal, and other Native American health care providers, training programs with respect to the prevention and treatment of diabetes. Requires the Secretary to: (1) maintain specified model diabetes clinics; and (2) establish such clinics at additional locations. Requires the Secretary to develop specified programs with respect to data collection and analysis and research relating to diabetes among Native Americans.
United States · United States Congress · 27 February 1986
Disapproves a proposed deferral (number D86-48) of $500,000,000 of budget authority for the community development block grant program, as set forth in the President's message to the Congress on February 5, 1986.
United States · United States Congress · 26 February 1986
Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to exempt from reduction under any sequestration order certain student assistance programs, the guaranteed student loan program, and institutional development assistance programs under the Higher Education Act of 1965.
United States · United States Congress · 26 February 1986
Expresses the support of the House of Representatives for the Haitian people as they try to rebuild their nation and make a peaceful transition to democracy.
United States · United States Congress · 26 February 1986
Congratulates Robert H. Helmick and George D. Miller upon their appointment as president and secretary general, respectively, of the United States Olympic Committee. Encourages U.S. citizens and businesses to support the U.S. Olympic team.
![Official portrait of Del. de Lugo, Ron [D-VI-At Large]](https://www.congress.gov/img/member/d000209_200.jpg)