United States · United States Congress · 30 January 2001
Retired Pay Restoration Act of 2001 - Permits retired members of the armed forces with service-connected disabilities to be paid both military retired pay and veterans' disability compensation. Repeals a special compensation program for certain severely disabled military retirees.
United States · United States Congress · 30 January 2001
Mammogram Availability Act of 2001 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to require a group health plan, and a health insurance issuer offering group coverage, that provides coverage for diagnostic mammographies for any woman 40 years old or older to provide coverage for annual screening mammographies for such a woman. Prohibits related enrollment and renewal discrimination, monetary incentives to women, and penalties or incentives to providers. Amends the Public Health Service Act to apply those requirements and prohibitions to coverage offered by an issuer in the individual market.
United States · United States Congress · 30 January 2001
Breastfeeding Promotion Act - Title I: Amendment to the Civil Rights Act of 1964 - Pregnancy Discrimination Act Amendments of 2001 - Amends the Civil Rights Act of 1964 to include lactation (including expression of milk) within the definitions of "because of sex" or "on the basis of sex" for purposes of such Act. Title II: Credit for Employer Expenses for Providing Appropriate Environment on Business Premises for Employed Mothers to Breastfeed or Express Milk for Their Children - Amends the Internal Revenue Code (IRC) to allow a limited credit to employers for expenses incurred in enabling employed nursing mothers to breastfeed. Title III: Safe and Effective Breast Pumps - Safe and Effective Breast Pumps Act - Directs the Secretary of Health and Human Services: (1) to put into effect a performance standard for breast pumps irrespective of the class to which the breast pumps have been classified under the Federal Food, Drug, and Cosmetic Act; and (2) to issue a compliance policy guide which will assure that women who want to breastfeed a child are given full and complete information respecting breast pumps. Title IV: Definition of Medical Care in Internal Revenue Code Expanded to Include Breastfeeding Equipment and Services - Expands the IRC definition of medical care to include qualified breastfeeding equipment and services.
United States · United States Congress · 30 January 2001
Taxpayers' Cancer Research Funding Act of 2001 - Amends the Internal Revenue Code to allow certain individuals to designate that five dollars (ten dollars in the case of joint returns) be paid over to the Breast and Prostate Cancer Research Fund established by this Act.
United States · United States Congress · 30 January 2001
Amends the Federal judicial code to prohibit construction of facilities for holding court unless: (1) the Director of the Administrative Office of the United States Courts submits to Congress a report setting forth the plans for the proposed construction; and (2) 30 days have elapsed and Congress has not, before the end of that 30-day period, enacted a provision of law disapproving the proposed construction.
United States · United States Congress · 30 January 2001
Postmasters Fairness and Rights Act of 2001 - Amends Federal law to prescribe guidelines within which the Postal Service shall propose changes in pay policies, schedules, and fringe benefit programs affecting postmasters which are to be in effect during the period covered by a collective bargaining agreement between the Postal Service and certain recognized bargaining representatives. Grants certain qualified postmasters' organizations the right to participate in program planning and development pertaining to pay policies, schedules, and fringe benefits.
United States · United States Congress · 20 January 2001
Benign Brain Tumor Cancer Registries Amendment Act - Amends the Public Health Service Act to add the collection of data on benign brain-related tumors to provisions authorizing grants to States for the operation of statewide registries (currently, statewide cancer registries).
United States · United States Congress · 3 January 2001
Violence Against Women Office Act - Establishes within the Department of Justice (DOJ) a Violence Against Women Office. Specifies the duties of the Office Director, including carrying out DOJ functions under the Violence Against Women Act of 1994 and on matters relating to violence against women.
United States · United States Congress · 3 January 2001
College Student Credit Card Protection Act - Amends the Truth in Lending Act to limit by a specified formula the total credit extended under a credit card account to a full time, traditional-aged college student (unless the student's parent or guardian assumes joint liability). Prohibits increasing the credit limit on an account for which a parent or guardian has assumed joint liability without the parent's or guardian's approval of such increase. Prohibits a creditor from opening a credit card account for any such college student who: (1) has no annual gross income; and (2) already has a credit card account under an open end consumer credit plan.
United States · United States Congress · 3 January 2001
Mental Health and Substance Abuse Parity Amendments of 2001 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Internal Revenue Code, and the Public Health Service Act to prohibit group and individual health plans from imposing treatment limitations or financial requirements on the coverage of mental health benefits, or substance abuse and chemical dependency benefits, if similar limitations or requirements are not imposed on medical and surgical benefits. Amends the Health Insurance Portability and Accountability Act of 1986 to provide for coordination in implementation of such amendments.
United States · United States Congress · 3 January 2001
Amends the Department of the Interior and Related Agencies Appropriations Act, 2001 (Public Law 106-291) to repeal a limitation on the portion of National Endowment for the Arts grant funds which may be made available to any single State.
United States · United States Congress · 3 January 2001
Anti-Gunrunning Act of 2001 - Amends the Brady Handgun Violence Prevention Act to prohibit any licensed firearms importer, manufacturer, or dealer from selling, delivering, or transferring: (1) two or more handguns to any single person (other than a licensed importer, manufacturer, or dealer) during any 30-day period; or (2) a handgun knowing or having reasonable cause to believe that the transferee has already received one or more handguns within the previous 30 days. Prohibits an unlicensed individual from receiving more than one handgun within any 30-day period. Specifies exceptions. Provides for imprisonment for up to five years (currently, one year) of a licensed dealer, importer, manufacturer, or collector knowingly making any false statement in connection with required firearms records. Extends the deadline for the destruction of records relating to handgun transfers subject to the waiting period from 20 business days to 35 calendar days after the date the transferee made the statement on the basis of which notice of the transaction was provided to the chief law enforcement officer of the transferee's place of residence. Requires the national instant criminal background check system, if receipt of a firearm would not violate Federal or State law, to destroy records relating to the person or the transfer within 35 calendar days after the system provides the licensee with the identification number unique to the transfer.
United States · United States Congress · 3 January 2001
Women's Right To Know Act of 2001 - Amends title XI of the Civil Rights Act of 1964 to prohibit a governmental authority, in or through any program or activity that provides health care services or information, from limiting the right of any person to provide or to receive nonfraudulent information about the availability of reproductive health care services, including family planning, prenatal care, adoption, and abortion services.
United States · United States Congress · 3 January 2001
Handgun Registration Act of 2001 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to provide for an increase by 15 percent of drug control and system improvement (Byrne) grant funds available to a State that has in effect a law which requires: (1) each individual to whom a handgun is transferred to complete a handgun registration form that includes specified information identifying the transferee, the handgun, and the transferor and proof of insurance coverage for the transferee's liability to any person who, while engaged in lawful activity, suffers bodily injury or death through the misuse of that handgun resulting from the transferee's negligence; (2) each individual who possesses a handgun to complete a handgun registration form that includes information identifying the individual and the handgun; and (3) the chief law enforcement officer of the State to furnish information from handgun registration forms to Federal, State, and local law enforcement authorities upon request.
United States · United States Congress · 3 January 2001
Handgun Licensing Act of 2001 - Amends the Brady Handgun Violence Prevention Act (the Act) to prohibit the transfer of a handgun or handgun ammunition to an individual not licensed to engage in the business of importing, manufacturing, or dealing in firearms or ammunition, unless: (1) the transferor (or a licensed dealer under State law) has examined a valid handgun license issued to the individual by the State in which the transaction takes place and an additional valid photograph identification document and has contacted and has been informed by the chief law enforcement officer of the State that the handgun license has not been revoked; and (2) three business days have elapsed from the date on which the transferor received such information, or the individual has presented to the transferor a written document, issued not less than ten days earlier by the appropriate officer, stating that the transferee requires access to a handgun because of a threat to the life of the transferee or any member of the transferee's household. Prohibits an unlicenced individual from receiving a handgun or handgun ammunition without possessing a valid handgun license issued to the individual by the State in which the transaction takes place. Sets forth State law requirements, definitions of "handgun license" and "handgun ammunition," and penalties for violations of this Act. Directs the Attorney General to make a grant to each State to cover the initial startup costs associated with establishing a licensing system. Requires an applicant for a license to certify that the business is covered by an insurance policy which provides personal injury protection, to a limit of $100,000, to any person who, while engaged in lawful activity, suffers bodily injury or death through the use of a handgun obtained as a result of the applicant's negligence.
United States · United States Congress · 3 January 2001
Women's Health Environmental Research Centers Act of 2000 - Amends the Public Health Service Act to require the National Institute of Environmental Health Sciences to make grants for the development and operation of not more than six centers to conduct multidisciplinary research on environmental factors that may be related to the development of women's health conditions. Requires each center to conduct basic and clinical research, develop training protocols, conduct training, develop model continuing education programs, and disseminate information to professionals and the public, with priority to prevention activities. Allows a center to use grant funds for stipends for health and allied health professionals in that training. Requires each center to: (1) collaborate with community organizations; and (2) use the facilities of a single institution or be formed from a consortium of institutions. Limits support to five years but allows extensions if recommended by a technical and scientific peer review group appointed by the Institute's director. Authorizes appropriations.
United States · United States Congress · 3 January 2001
Acid Rain Control Act - Directs the Administrator of the Environmental Protection Agency to establish a Nitrogen Oxide Allowance Program under which the contiguous States and the District of Columbia will be allocated allowances, beginning in 2004, to emit limited monthly amounts of nitrogen oxides. Makes it unlawful, after January 1, 2002, for: (1) the owner or operator of an affected facility to emit nitrogen oxides exceeding the amount of allowances held; or (2) any person to hold, use, or transfer such allowances, except as provided under this Act. Repeals the nitrogen oxides emission reduction program under the Clean Air Act. Imposes penalties for emissions in excess of allowances. Requires offsets of allowances in the calendar year following the one in which excess emissions occurred. Decreases the amount of sulfur dioxide authorized to be emitted under an existing allowance program for 2007 and subsequent years. Provides for regulations to: (1) protect specified regional ecosystems, including those modifying nitrogen oxide and sulfur dioxide allowance allocations; and (2) control electric utility and industrial source mercury emissions. Directs the Administrator to establish a competitive grant program to fund research related to the effects of nitrogen deposition on sensitive watersheds and coastal estuaries in the eastern United States.
United States · United States Congress · 3 January 2001
Amends the Department of Transportation and Related Agencies Appropriations Act, 1996, with respect to the collection of tolls for the Verrazano Narrows Bridge in New York, to repeal the limitation on toll collection to motor vehicles exiting the bridge in Staten Island. Expresses the sense of Congress that the Triborough Bridge and Tunnel Authority and the Metropolitan Transit Authority should implement high-speed EZ-Pass in the collection of tolls on the Verrazano Narrows Bridge to meet air quality standards and reduce congestion.
United States · United States Congress · 3 January 2001
Same Day Voter Registration Act of 2001 - Amends the National Voter Registration Act of 1993 to require States to permit individuals to register to vote in an election for Federal office on the date of the election.
United States · United States Congress · 3 January 2001
Baseball Diplomacy Act - Waives certain foreign assistance and trade and travel prohibitions against Cuba under specified Federal law with regard to certain transactions, including: (1) Cuban nationals who enter the United States on visas to play organized professional baseball; and (2) the return of their baseball earnings to Cuba. Prohibits the President from denying visas to such nationals based upon authority under the Immigration and Nationality Act to restrict any entry of aliens or class of aliens that would be detrimental to the interests of the United States. Declares that this Act shall not be affected by the economic embargo requirements against Cuba under the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996.
United States · United States Congress · 3 January 2001
Expresses the sense of the House of Representatives that: (1) the full realization of the rights of women is vital to the development and well-being of people of all nations; and (2) the Senate should give its advice and consent to the ratification of the Convention on the Elimination of All Forms of Discrimination Against Women.
United States · United States Congress · 3 January 2001
Welcomes the Model Nuclear Weapons Convention as a discussion document intended to further negotiations on complete nuclear disarmament. Urges the President to initiate multilateral negotiations leading to the early conclusion of a nuclear weapons convention. Requests the President to inform the Secretary-General of the United Nations (UN) of the efforts and measures the United States has taken on the implementation of the UN General Assembly Resolution 52/38 O and nuclear disarmament.
United States · United States Congress · 3 January 2001
Declares the sense of Congress that the Federal income tax deduction for interest paid on debt secured by a first or second home should not be further restricted.
United States · United States Congress · 15 December 2000
21st Century Electoral Reform Act - Directs the Federal Election Commission (FEC) to: (1) study the feasibility and advisability of alternative means and instruments of voting in Federal elections and to make appropriate recommendations; and (2) develop and make public a plan to award and disburse Voting Improvement Grants to States to facilitate their adoption of FEC recommendations. Authorizes appropriations.
United States · United States Congress · 2 November 2000
Campaign Telemarketers Disclosure Act of 2000 - Amends the Federal Election Campaign Act of 1971 to require disclosure during any such telephone call of the identification of persons financing certain campaign-related telephone calls.
United States · United States Congress · 1 November 2000
Medicare, Medicaid, and SCHIP Benefits Improvement and Beneficiary Protection Act of 2000 - Title I: Medicare Beneficiary Improvements - Subtitle A: Improved Preventive Benefits - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for: (1) coverage of biennial screening pap smear and pelvic exams; (2) coverage of screening for glaucoma; (3) coverage of screening colonoscopy for average risk individuals; (4) revision of payments and standards for screening mammography; (5) coverage of medical nutrition therapy services for beneficiaries with diabetes or a renal disease; and (6) extension of Medicare part A (Hospital Insurance) coverage for workers with disabilities. Subtitle B: Other Beneficiary Improvements - Amends SSA title XVIII to provide for: (1) acceleration of reduction of beneficiary copayment for hospital outpatient department (OPD) services; (2) preservation of coverage of drugs and biologicals under Medicare part B (Supplementary Medical Insurance); (3) elimination of time limitation on Medicare benefits for immunosuppressive drugs; (4) imposition of billing limits on drugs; and (5) availability of application forms for medical assistance for Medicare cost-sharing. (Sec. 116) Amends SSA title II (Old Age, Survivors and Disability Insurance) (OASDI) to provide for a waiver of 24-month waiting period for Medicare coverage of individuals disabled with amyotrophic lateral sclerosis. Subtitle C: Demonstration Projects and Studies - Outlines: (1) a Health and Human Services (HHS) demonstration project for disease management for severely chronically ill Medicare beneficiaries; (2) HHS demonstration projects for cancer prevention and treatment for ethnic and racial minorities; (3) a National Academy of Sciences study on the addition of coverage of routine thyroid screening using a thyroid stimulating hormone test as a preventive benefit provided to Medicare beneficiaries; (4) a Medicare Payment Advisory Commission (MEDPAC) study on consumer coalitions in marking Medicare+Choice (SSA title XVIII part C) plans; (5) an HHS study on the effect of limitations on State payment for Medicare cost-sharing on access to services for qualified Medicare beneficiaries; (6) HHS studies on preventive interventions in primary care for older Americans; and (7) a MEDPAC study on Medicare coverage of cardiac and pulmonary rehabilitation therapy services. Title II: Rural Health Care Improvements - Subtitle A: Critical Access Hospital Provisions - Amends SSA title XVII to: (1) prohibit beneficiary cost-sharing for clinical diagnostic laboratory tests furnished by critical access hospitals; (2) increase the amount a critical access hospital may elect to be paid for outpatient critical access hospital (OCAH) services with respect to the fee schedule payment for OCAH professional services; (3) exempt critical access hospital swing beds from the skilled nursing facility (SNF) prospective payment system (PPS); (4) provide for payment in critical access hospitals for emergency room on-call physicians; and (5) provide for the treatment of ambulance services furnished by certain critical access hospitals. (Sec. 206) Requires the General Accounting Office (GAO) to conduct a study on certain eligibility requirements for critical access hospitals. Subtitle B: Other Rural Hospitals Provisions - Amends SSA title XVIII with regard to payment to hospitals for inpatient hospital services to provide for: (1) application of a uniform threshold for urban and rural hospitals to be classified as disproportionate share hospitals (DSHs) for discharges occurring on or after October 1, 2001; (2) adjustment of payment formulas for various specified hospitals, including hospitals that are both sole community hospitals and rural referral centers for discharges occurring during such period; (3) an option to base eligibility for the Medicare dependent, small rural hospital program on discharges during two of the three most recently audited cost reporting periods; and (4) extension of the option to use rebased target amounts to all sole community hospitals. (Sec. 214) Directs MEDPAC, in its study and report to Congress on rural providers under the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999, to analyze the impact of volume on the per unit cost of rural hospitals with psychiatric units, and recommend whether special treatment for such hospitals may be warranted. Subtitle C: Other Rural Provisions - Amends SSA title XVIII with regard to special payment rules for particular items and services to provide transitional assistance for providers of ambulance services in rural areas. (Sec. 222) Amends SSA title XVIII part B with regard to the use of carriers for administration of benefits concerning payment for certain physician assistant services. (Sec. 223) Amends BBA'97 to: (1) set a time limit for Medicare reimbursement for telehealth services; and (2) provide for an expansion of Medicare payment for such services. (Sec. 224) Amends SSA title XVIII part B to provide for expanding access to rural health clinics. (Sec. 225) Directs MEDPAC to study the effect of low patient and procedure volume on the financial status of low-volume, isolated rural health care providers participating in Medicare. Title III: Provisions Relating to Part A - Subtitle A: Inpatient Hospital Services - Amends SSA title XVIII to provide for elimination of the reduction in the PPS hospital payment update. (Sec. 301) Directs the Secretary, when rebasing and revising the hospital market basket index, to consider the prices of blood and blood products purchased by hospitals and to determine whether those prices are adequately reflected in such index. Amends SSA title XVIII with respect to payment to hospitals for inpatient hospital services and updating previous standardized amounts to provide for: (1) an adjustment for inpatient case mix changes; (2) modification of the transition for indirect medical education percentage adjustment for DSHs; and (3) decreases in reductions for DSH payments. (Sec. 304) Provides for a three-year effective period for any decision of the Medicare Geographic Classification Review Board to reclassify a DSH for purposes of adjusting the diagnosis-related group (DRG) prospective payment rate for hospital wage level area differences for FY 2001 or any fiscal year thereafter. Requires the Secretary to establish procedures under which a DSH hospital may elect to terminate such reclassification before the end of such period. Directs the Secretary to: (1) establish a process under which an appropriate statewide entity may apply to have all the geographic areas in a State treated as a single geographic area for purposes of computing and applying the area wage index; and (2) provide for the collection of data every three years on occupational mix for employees of each DSH in the provision of inpatient hospital services in order to construct an occupational mix adjustment in the applicable hospital area wage index. (Sec. 305) Amends SSA title XVIII with respect to prospective payment for inpatient rehabilitation hospital services and: (1) assistance with administrative costs associated with completion of patient assessment; as well as (2) a rehabilitation facility election to apply full prospective payment rate without phase-in. (Sec. 306) Provides that, with respect to the inpatient services of psychiatric hospitals and certain psychiatric units, in making incentive payments to such hospitals for cost reporting periods from October 1, 2000, through October 1, 2001, the Secretary shall increase the percent of the target amount used in determining such payments. (Sec. 307) Amends SSA title XVIII to provide for: (1) increased target amounts and caps for long-term care hospitals before implementation of the PPS required under the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999 for payment for inpatient hospital services provided in long-term care hospitals; (2) alternative implementation of such PPS by the Secretary based on the use of existing hospital DRGs that have been modified; and (3) increase in the base payment for Puerto Rico DSH hospitals. Subtitle B: Adjustments to PPS Payments for Skilled Nursing Facilities - Amends SSA title XVIII with respect to payment to SNFs for routine service costs to revise updating requirements, among other changes eliminating the reduction in the skilled nursing facility market basket update in 2001. (Sec. 311) Directs the Comptroller General to report to Congress on the adequacy of Medicare payment rates to SNFs and the extent to which Medicare contributes to the financial viability of such facilities. (Sec. 312) Directs the Secretary to increase the nursing component of the case-mix adjusted Federal prospective payment rate specified in the final rule published in the Federal Register by the Health Care Financing Administration on July 31, 2000, effective for services furnished on or after April 1, 2001, and before October 1, 2002. Requires the Comptroller General to conduct an audit for Congress of nursing staffing ratios in a representative sample of Medicare SNFs. (Sec. 313) Amends SSA title XVIII to limit application of the SNF consolidated billing requirement to a period during which the resident is provided Medicare part A (Hospital Insurance) covered post-hospital extended care services. Requires the Secretary to monitor payments made under Medicare part B for items and services furnished to SNF residents during a time in which they are not being provided Medicare covered post-hospital extended care services, in order to ensure that there is not duplicate billing for services or excessive services provided. (Sec. 314) Provides that, for purposes of computing payments for certain covered SNF services, the Secretary shall increase the adjusted Federal per diem rate for covered SNF services for specified RUG-III (resource utilization group) rehabilitation groups furnished to an individual during the period in which such individual is classified in such a RUG-III category. Directs the HHS Inspector General to review the Medicare payment structure for services classified within RUGs and report to Congress on whether payment incentives exist for the delivery of inadequate care. (Sec. 315) Authorizes the Secretary to establish a procedure for the geographic reclassification of a SNF for purposes of payment for covered SNF services under the PPS for SNFs for routine service costs. Subtitle C: Hospice Care - Amends SSA title XVIII to provide for a full market basket increase for hospice care for FY 2001 and 2002. (Sec. 322) Requires that the certification regarding an individual's terminal illness be based on the physician's or medical director's clinical judgment regarding the normal course of the illness. (Sec. 323) Directs MEDPAC to conduct a study on the factors affecting the use of hospice benefits under Medicare program and differences in such use between urban and rural hospice programs and based upon the presenting condition of the patient. Subtitle D: Other Provisions - Amends SSA title XVIII to provide for a reduction in Medicare part A late enrollment premium increases (penalty) for a qualified State or local government retiree group in the case where a State, a local government, or an agency or instrumentality of a State or local government, determines to pay, for the life of each individual in such a group, the monthly premiums due. (Sec. 332) Outlines provisions for hospital geographic reclassification for labor costs applicable to other PPS systems and for grants to States for improvements in nursing home staffing and quality. Title IV: Provisions Relating to Part B - Subtitle A: Hospital Outpatient Services - Amends SSA title XVIII with respect to the PPS for hospital OPD services to provide for: (1) a full market basket increase for such services for 2001; (2) adjustment for service mix changes; (3) use of categories in determining eligibility of a device for pass-through payments; (4) application of OPD PPS transitional corridor payments to certain hospitals that did not submit a 1996 cost report; (5) treatment of children's hospitals under the PPS; (6) inclusion of temperature monitored cryoablation in transitional pass-through for certain medical devices, drugs, and biologicals under the PPS; and (7) the Secretary to create additional groups of covered OPD services that classify separately those procedures that utilize contrast media from those that do not. (Sec. 404) Provides that, for purposes of making determinations of provider-based status under Medicare on or after October 1, 2000, any facility or organization that is treated as provider-based in relation to a hospital or critical access hospital under Medicare as of October 1, 2000: (1) shall continue to be treated as provider-based in relation to such hospital or critical access hospital under Medicare during the two year period beginning on October 1, 2000; and (2) the requirements, limitations, and exclusions specified in appropriate Federal regulations detailing requirements for a determination that a facility or an organization has provider-based status shall not apply to such facility or organization in relation to such hospital or critical access hospital until after the end of such two- year period. Prohibits a facility or organization for which a determination of provider-based status in relation to a hospital or critical access hospital is requested during FY 2001 or 2002 from being treated as not having such status in relation to such a hospital for any period before a determination is made with respect to such status pursuant to such request and in making a determination with respect to such status for any facility or organization in relationship to such a hospital on or after October 1, 2000, the facility or organization shall be treated as satisfying any requirements and standards for geographic location in relation to such a hospital if the facility or organization: (1) satisfies appropriate Federal regulations pertaining to location in immediate vicinity or is located not more than 35 miles from the main campus of the hospital or critical access hospital; and (2) is owned and operated by a hospital or critical access hospital that meets specified criteria. Subtitle B: Provisions Relating to Physicians' Services - Directs the Comptroller General to conduct a study on: (1) the appropriateness of furnishing in physicians' offices specialist physicians' services which are ordinarily furnished in hospital outpatient departments; and (2) the refinements to the practice expense relative value units during the transition to a resource-based practice expense system for physician payments under Medicare. (Sec. 412) Amends SSA title XVIII to require the Secretary to conduct demonstration projects to test and, if proven effective, expand the use of incentives to health care groups participating in Medicare that: (1) encourage coordination of the care furnished to individuals under Medicare parts A and B by institutional and other providers, practitioners, and suppliers of health care items and services; (2) encourage investment in administrative structures and processes to ensure efficient service delivery; and (3) reward physicians for improving health outcomes. (Sec. 413) Directs the Comptroller General to study the current Medicare enrollment process for groups that retain independent contractor physicians with particular emphasis on hospital-based physicians. Subtitle C: Other Services - Amends SSA title XVIII to provide for a one-year extension of the moratorium on certain physical therapy services caps. (Sec. 421) Directs the Secretary to study the implications: (1) of eliminating the "in the room" supervision requirement for Medicare payment for services of physical therapy assistants supervised by physical therapists; and (2) of such requirement on the cap imposed under Medicare on physical therapy services. (Sec. 422) Amends SSA title XVIII with respect to Medicare coverage for end stage renal disease (ESRD) patients to increase the update for dialysis services furnished on or after January 1, 2001. Directs the Secretary to: (1) collect data and develop an ESRD market basket whereby the Secretary can estimate, before the beginning of a year, the percentage by which the costs for the year of the mix of labor and nonlabor goods and services included in the ESRD composite rate will exceed the costs of such mix for the preceding year; and (2) develop a system which includes in such composite rate, to the maximum extent feasible, payment for clinical diagnostic laboratory tests and drugs that are routinely used in furnishing dialysis services to Medicare beneficiaries, but which are currently separately billable by renal dialysis facilities. (Sec. 423) Amends SSA title XVIII with respect to payment for ambulance services to provide for: (1) restoration of the full consumer price index (CPI) increase for 2001; and (2) continued phase-in of the application of the payment rates under the ambulance services fee schedule in an efficient and fair manner; except that when the Secretary implements such fee schedule, such phase-in shall provide for full payment of any national mileage rate for ambulance services provided by suppliers that are paid by carriers in any of the 50 States where payment by a carrier for such services for all such suppliers in such State, before the fee schedule's implementation, did not include a separate amount for all mileage within the county from which the beneficiary is transported. (Sec. 424) Prohibits the Secretary from implementing a revised PPS for services of ambulatory surgical facilities before January 1, 2002. Amends the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999 with respect to the phase-in of the PPS for ambulatory surgical centers to: (1) extend the phase-in to four years; and (2) direct the Secretary, by January 1, 2003, to incorporate data from a 1999 Medicare cost survey or a subsequent cost survey for purposes of implementing or revising such PPS. (Sec. 425) Amends SSA title XVIII, with respect to special payment rules for particular items and services, to provide for: (1) the full update for durable medical equipment, orthotics, and prosthetics in 2001; and (2) addition of special payment provisions and requirements for prosthetics and certain custom fabricated orthotic items. (Sec. 428) Amends SSA title XVIII to provide for the replacement of, and payment for, prosthetic devices and parts. (Sec. 429) Directs the Comptroller General to study the reimbursement for drugs and biologicals under the current Medicare payment methodology and for related services under Medicare part B, with recommendations for revised payment methodologies. Directs the Secretary to revise such payment methodology based on such recommendations. (Sec. 430) Amends SSA title XVIII part D (Miscellaneous) to revise the qualifications for community mental health centers under provisions defining partial hospitalization services. (Sec. 431) Makes a hospital or a free-standing ambulatory care clinic, whether operated by the Indian Health Service or by an Indian tribe or tribal organization, eligible for payments for services for which payment is made under Medicare part B for physicians' services if and for so long as it meets all of the requirements which are applicable generally to such payments, services, hospitals, and clinics. (Sec. 432) Directs the Comptroller General to study the effect on Medicare and on Medicare beneficiaries of coverage of surgical first assisting services of certified registered nurse first assistants. (Sec. 433) Directs MEDPAC to study the appropriateness of: (1) the current Medicare payment rates for services provided by a certified nurse-midwife, a physician assistant, a nurse practitioner, and a clinical nurse specialist; and (2) Medicare coverage for services provided by a surgical technologist, a marriage counselor, a marriage and family therapist, a pastoral care counselor, and a licensed professional counselor of mental health. (Sec. 435) Directs the Comptroller General to study: (1) the costs of providing emergency and medical transportation services across the range of acuity levels of conditions for which such transportation services are provided; (2) the post-payment audit process under Medicare as such process applies to physicians; and (3) the aggregate effects of regulatory, audit, oversight, and paperwork burdens on physicians and other health care providers participating in Medicare. (Sec. 437) Directs MEDPAC to study the barriers to coverage and payment for outpatient interventional pain medicine procedures under Medicare. Title V: Provisions Relating to Parts A and B - Subtitle A: Home Health Services - Amends SSA title XVIII to provide for a two-year additional delay in the application of the 15 percent reduction on payment limits for home health services. (Sec. 501) Amends the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999 to delay for an additional year the 15 percent reduction in payment rates for home health services after implementation of the PPS. Requires the Comptroller General, instead of the Secretary (as currently required), to report to Congress an analysis of the need for such a reduction. Amends SSA title XVIII with regard to the PPS for home health services concerning the annual update to provide for an adjustment for case mix changes. (Sec. 502) Amends SSA title XVIII to provide for restoration of the full home health market basket update for home health services for FY 2001. Establishes a special rule for payment under the PPS for home health services for FY 2001 based on adjusted prospective payment amounts. (Sec. 503) Provides for a temporary two-month extension of periodic interim payments under BBA '97 in the case of a home health agency receiving periodic interim payments as of September 30, 2000. (Sec. 504) Amends SSA title XVIII to provide for the use of telehealth in the delivery of home health services. (Sec. 505) Directs the Comptroller General to study variations in prices paid by home health agencies furnishing home health services under Medicare in purchasing nonroutine medical supplies and volumes if such supplies used determine the effect (if any) of variations on prices and volumes in the provision of such services. (Sec. 506) Provides that, in determining for Medicare purposes whether an office of a home health agency constitutes a branch office or a separate home health agency, neither the time nor distance between a parent office of the home health agency and a branch office shall be the sole determinant of a home health agency's branch office status. (Sec. 507) Amends SSA title XVIII with regard to the Medicare home health benefit to declare that absences from home to receive medical treatment shall not disqualify an individual from such benefit. (Sec. 508) Provides for a temporary payment increase for home health services furnished in a rural area for2001 and 2002. Subtitle B: Direct Graduate Medical Education - Amends SSA title XVIII to provide for an increase in the floor for direct graduate medical education payments for FY 2002. (Sec. 512) Changes the distribution formula for Medicare+Choice-related nursing and allied health education costs. Subtitle C: Changes in Medicare Coverage and Appeals Process - Amends SSA title XVIII to revise the Medicare appeals process. Provides for initial determinations of entitlement and benefits by the Secretary, by a utilization and quality control peer review organization, or by an independent contractor. Provides for redeterminations of denied benefit claims. Specifies appeal rights, including the right of an individual to request a medically exigent review from the contractor who made the initial determination. (Sec. 522) Provides for the review of coverage determinations under the Medicare appeals process. Amends SSA title XI to require any advisory committee on certain Medicare coverage exclusions to: (1) assure the full participation of a nonvoting member in its deliberations; and (2) provide such nonvoting member access to all information and data (with certain exceptions) made available to the committee's voting members. Provides that, if such committee organizes into panels of experts according to types of items or services, any such panel may report directly to the Secretary without prior approval. Subtitle D: Improving Access to New Technologies - Amends SSA title XVIII to establish a new payment rule for any clinical diagnostic laboratory test performed on or after January 1, 2001, that is a new test for which no limitation amount has previously been established. (Sec. 531) Directs the Secretary to: (1) establish procedures for coding and payment determinations for the categories of new clinical diagnostic laboratory tests and new durable medical equipment under Medicare part B that permit public consultation in a manner consistent with the procedures established for implementing coding modifications for ICD-9-CM; and (2) report to Congress on the specific procedures used under Medicare part B to adjust payments for clinical diagnostic laboratory tests and durable medical equipment which are classified to existing codes where, because of a technology advance, there has been a significant increase or decrease in the resources used in the test or in the manufacture of the equipment, and a significant improvement in test or equipment performance. (Sec. 532) Directs the Secretary to: (1) maintain and continue through December 31, 2003, the use of level III codes of the HCPCS (Health Care Financing Administration (HCFA) Common Procedure Coding System) coding system (as such system was in effect on August 16, 2000); and (2) make such codes publicly available. (Sec. 533) Directs the Secretary to: (1) report to Congress on methods of expeditiously incorporating new medical services and technologies into the clinical coding system used with respect to Medicare payment for inpatient hospital services, together with a detailed description of the Secretary's preferred methods to achieve this purpose; and (2) implement such preferred methods. Amends SSA title XVIII to direct the Secretary to establish a mechanism to recognize the costs of new medical services and technologies with respect to inpatient hospital services under the hospital reimbursement control system. Subtitle E: Other Provisions - Amends SSA title XVIII to reduce from 45 percent to 30 percent the reduction in the amount of bad debts otherwise treated as allowable costs attributable to the deductibles and coinsurance amounts under Medicare for FY 2001 and subsequent fiscal years in determining the reasonable costs of outpatient hospital services (thus increasing by 15 percent the amount that may be reimbursed). (Sec. 542) Provides for the treatment of certain physician pathology services under Medicare. (Sec. 543) Amends SSA title XI to make permanent the authority for the Secretary to issue written advisory opinions under provisions for guidance regarding application of health care fraud and abuse sanctions. (Sec. 544) Amends SSA title XVIII to make various specified changes in annual MEDPAC reporting with regard to revision of deadlines for submission of reports and on the record votes on recommendations. (Sec. 545) Directs the Secretary to report to specified congressional committees on the development of standard instruments for the assessment of the health and functional status of patients, for whom specified items and services are furnished. (Sec. 546) Directs the Comptroller General to report to specified congressional committees on the effect of the Emergency Medical Treatment and Active Labor Act on hospitals, emergency physicians, and physicians covering emergency department call throughout the United States. (Sec. 547) Amends SSA title XVIII with respect to agreements with providers of services to provide for the application of the bloodborne pathogen standard to certain hospitals. Title VI: Provisions Relating to Part C (Medicare+Choice Program) and Other Medicare Managed Care Provisions - Subtitle A: Medicare+Choice Payment Reforms - Amends SSA title XVIII part C with regard to payments to Medicare+Choice organizations to: (1) increase the payment amount for 2001 through 2003 for accountable Medicare+Choice coordinated care plans; and (2) provide for a ten-year phase-in of risk adjustment. (Sec. 603) Provides for a transition to revised Medicare+Choice payment rates. (Sec. 604) Amends SSA title XVIII part C to provide for revision of payment rates for ESRD patients enrolled in Medicare+Choice plans. (Sec. 605) Amends SSA title XVIII part C with regard to premiums to permit Medicare part B premium reductions as additional benefits under Medicare+Choice plans. (Sec. 606) Amends SSA title XVIII part C with regard to payments to Medicare+Choice organizations to: (1) ensure full implementation of risk adjustment methodology for congestive heart failure enrollees for 2001; and (2) provide for the expansion of the application of Medicare+Choice's new entry bonus. (Sec. 608) Directs the Secretary to report to Congress on a method to phase-in the costs of military facility services furnished by the Department of Veterans Affairs, and those furnished by the Department of Defense, to Medicare-eligible beneficiaries in the calculation of an area's Medicare+Choice capitation payment. Subtitle B: Other Medicare+Choice Reforms - Amends SSA title XVIII part C to provide for payment of additional amounts for new Medicare+Choice benefits covered during a contract term. (Sec. 612) Prohibits the Secretary from implementing, other than at the beginning of a calendar year, regulations that impose significant regulatory requirements on a Medicare+Choice organization or plan. (Sec. 613) Provides for timely approval of marketing material that follows model marketing language, and for avoiding duplicative regulation with respect to plan requirements. (Sec. 615) Provides that, in the case of a Medicare+Choice organization that offers a Medicare+Choice plan in an area in which more than one local coverage policy is applied with respect to different parts of the area, the organization may elect to have the local coverage policy for the part of the area that is most beneficial to Medicare+Choice enrollees apply with respect to all Medicare+Choice enrollees enrolled in the plan. (Sec. 616) Requires: (1) the quality assurance program under the Medicare+Choice program to include a separate focus on racial and ethnic minorities; and (2) the Secretary to submit to Congress a report regarding how such quality assurance programs focus on racial and ethnic minorities. (Sec. 617) Authorizes the Secretary to waive or to modify requirements that hinder the design of, the offering of, or enrollment in Medicare+Choice plans under contracts between Medicare+Choice organizations and employers, labor organizations, or the trustees of a fund established by one or more employers or labor organizations (or combination thereof) to furnish benefits to the entity's employees, former employees (or combination thereof) or to members or former members (or combination thereof) of the labor organizations. (Sec. 618) Amends SSA title XVIII part D with regard to special Medicare supplemental health insurance enrollment anti-discrimination provision for certain beneficiaries. (Sec. 619) Amends SSA title XVIII part C to restore the effective date of elections and changes of elections of Medicare+Choice plans. (Sec. 620) Permits ESRD beneficiaries to enroll in another Medicare+Choice plan if the plan in which they are enrolled is terminated. (Sec. 621) Provides that, in covering post-hospital extended care services, a Medicare+Choice plan shall provide for such coverage through a home SNF if: (1) the enrollee elects to receive such coverage through such SNF; and (2) the SNF has a contract with the Medicare+Choice organization for the provision of such services, or the SNF agrees to accept substantially similar payment under the same terms and conditions that apply to similarly situated SNFs under contract with the Medicare+Choice organization through which the enrollee would otherwise receive such services. (Sec. 622) Directs HCFA's Chief Actuary to review the actuarial assumptions and data used by the Medicare+Choice organization with respect to such rates, amounts, and values to determine the appropriateness of such assumptions and data. (Sec. 623) Amends SSA title XVIII to provide for civil monetary penalties for contract default by a Medicare+Choice organization. Subtitle C: Other Managed Care Reforms - Amends the Omnibus Budget Reconciliation Act of 1987 to provide for a one-year extension of the social health maintenance organization demonstration project authority. (Sec. 632) Amends the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999 to provide for revised terms and conditions for extension of Medicare community nursing organization demonstration project. (Sec. 633) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to provide for a two-year extension of Medicare municipal health services demonstration projects. (Sec. 634) Amends SSA title XVIII part D with regard to payments to health maintenance organizations and competitive medical plans and service area expansion for Medicare cost contracts during transition period. Title VII: Medicaid - Amends SSA title XIX with respect to DSH payments and: (1) continuation of Medicaid DSH allotments at FY 2000 levels for FY 2001 and 2002; and (2) a special rule for Medicaid DSH allotment for extremely low DSH States. (Sec. 701) Outlines provisions for: (1) assuring identification of Medicaid managed care patients for purposes of making DSH payments; (2) application of the Medicaid DSH transition rule to public hospitals in all States; (3) assistance for certain public hospitals; and (4) DSH payment accountability standards. (Sec. 702) Amends SSA title XIX to create a new PPS for Federally-qualified health centers and rural health clinics. (Sec. 703) Amends SSA XI to establish an approval process for a State's application for an extension of any State-wide comprehensive demonstration project for which a waiver of compliance with Medicaid requirements is granted. (Sec. 704) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 with respect to Medicaid county-organized health systems. (Sec. 705) Directs the Secretary to issue a final regulation based on the proposed rule announced on October 5, 2000, that: (1) modifies the upper payment limit test applied to State Medicaid spending for inpatient hospital services, outpatient hospital services, nursing facility services, intermediate care facility services for the mentally retarded, and clinic services by applying an aggregate upper payment limit to payments made to government facilities that are not State-owned or operated facilities; and (2) provides for a specified transition period. (Sec. 706) Prescribes a formula for the Federal medical assistance percentage for Alaska for purposes of SSA titles XIX and XXI (State Children's Health Insurance Program) (SCHIP), which shall apply only for FY 2001 through 2005. (Sec. 707) Amends SSA title XIX to provide for optional coverage of legal immigrants under Medicaid. (Sec. 708) Makes additional entities qualified to determine Medicaid presumptive eligibility for low-income children. (Sec. 709) Provides for a one year extension of provisions on eligibility for medical assistance under Medicaid. (Sec. 710) Includes as Medicaid medical assistance any services furnished by a physician assistant which the assistant is legally authorized to perform under State law and with the supervision of a physician. (Sec. 711) Gives States the option of allowing families of disabled children to purchase Medicaid coverage for such children. Title VIII: State Children's Health Insurance Program - Amends SSA title XXI to: (1) establish a rule for redistribution and extended availability of unused FY 1998 and 1999 SCHIP allotments; (2) provide authority to pay Medicaid expansion SCHIP costs from SCHIP appropriations; (3) eliminate requirement to reduce a SCHIP allotment by Medicaid expansion SCHIP costs; (4) provide authority to transfer SCHIP appropriations to the Medicaid appropriation account as reimbursement for Medicaid expenditures for Medicaid expansion SCHIP services; and (5) provide optional coverage of certain legal immigrants under SCHIP. Title IX: Other Provisions - Subtitle A: PACE Program - Amends BBA '97 with respect to programs of all-inclusive care for the elderly (PACE programs) to provide for an extension of transition for the current PACE demonstration project waiver authority. (Sec. 902) Amends SSA title XVIII with respect to payments to, and coverage of benefits under, PACE programs, and regulations and use of PACE protocol to provide for the continuation of modifications or waivers of operational requirements under demonstration status. (Sec. 903) Directs the Secretary to approve or deny a request for a modification or a waiver of provisions of the PACE protocol not later than 90 days after the Secretary receives the request, in order to provide flexibility in exercising waiver authority. Permits the Secretary to exercise authority to modify or to waive such provisions in a manner that responds promptly to the needs of PACE programs relating to areas of employment and the use of community-based primary care physicians in order to provide flexibility in exercising waiver authority. Subtitle B: Outreach to Eligible Low-Income Medicare Beneficiaries - Amends SSA title XI to direct the Commissioner of Social Security to: (1) conduct outreach efforts to identify individuals entitled to Medicare benefits who may be eligible for medical assistance for payment of the cost of Medicare cost-sharing under Medicaid; and (2) notify such individuals of the availability of such medical assistance. (Sec. 911) Directs the Comptroller General to study the impact of such outreach efforts on the enrollment of individuals for Medicare cost-sharing under Medicaid. Subtitle C: Maternal and Child Health Block Grant - Amends SSA title V (Maternal and Child Health Services) to increase the authorization of appropriations for the Maternal and Child Health Services block grant for FY 2001 and each fiscal year thereafter. Subtitle D: Diabetes - Amends the Public Health Service Act to increase FY 2001 through 2003 appropriations for special diabetes programs for children with type I diabetes and for special diabetes programs for Indians. (Sec. 931) Amends BBA '97 to extend the final report on diabetes grant programs. (Sec. 932) Amends the Ricky Ray Hemophilia Relief Fund Act of 1998 to make appropriations to the Ricky Ray Hemophilia Relief Fund for FY 2001.
United States · United States Congress · 26 October 2000
Energy Independence Act of 2000 - Directs the Secretary of Energy to: (1) develop and transmit to Congress a strategic plan to ensure that the United States is energy self-sufficient by the year 2010; and (2) develop a program for the acquisition of certain commercially available fuel cell power plants and power generated therefrom for use at federally owned or operated facilities. Directs the President, in coordination with designated Secretaries, to establish: (1) a demonstration program for fuel cell proton exchange membrane technology for commercial, residential, and transportation applications (including buses) within the Secretaries' respective areas; and (2) a comprehensive proton exchange membrane fuel cell bus demonstration program to address hydrogen production, storage, and use in transit bus applications. Mandates that each Federal agency that maintains a motor vehicle fleet develop a plan for fleet transition to vehicles powered by fuel cell technology. Directs the Secretary of Energy to establish a fuel cell technology grant program for State or local government to meet their energy requirements, including such technology as a motor vehicle power source. Authorizes appropriations.
United States · United States Congress · 25 October 2000
Amends the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, as amended, to extend until June 1, 2001, the reenactment of chapter 12 of the Federal Bankruptcy Code (Adjustment of Debts of a Family Farmer with Regular Annual Income) (thereby extending family farmer bankruptcy relief). Makes this Act effective as of July 1, 2000 (the previous expiration date).
United States · United States Congress · 19 October 2000
Prohibits U.S. assistance (except humanitarian assistance) to the Palestinian Authority (or to any successor or related entity) or for programs, projects, and activities to the West Bank or Gaza unless the President determines and certifies to specified congressional committees that: (1) the leadership of the Palestinian Authority has publicly renounced violence as a means of political expression and has taken all actions to bring an end to the violence which commenced in early October 2000 in the West Bank and Gaza; and (2) the violence in the West Bank and Gaza has subsided.
United States · United States Congress · 17 October 2000
Amends the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, as amended, to extend until December 31, 2001, the reenactment of chapter 12 of the Federal Bankruptcy Code (Adjustment of Debts of a Family Farmer with Regular Annual Income) (thereby extending family farmer bankruptcy relief). Makes this Act effective as of July 1, 2000 (the previous expiration date).
United States · United States Congress · 17 October 2000
Calls upon the President to: (1) take all appropriate action to provide relief from injury caused by steel imports; and (2) immediately request the U.S. Trade Commission to commence an expedited investigation for positive adjustment of such steel imports under section 201 of the Trade Act of 1974.
United States · United States Congress · 12 October 2000
Safer Guns for Safer Communities Act - Authorizes the Attorney General to provide up to 50 grants to eligible States and units of local government for up to three years for the purchase of firearms from a licensed importer or manufacturer which is in compliance with certain handgun standards outlined under this Act, including that such handguns: (1) have certain lock and safety devices; (2) have passed certain performance tests; (3) do not accept large capacity ammunition feeding devices; (4) contain certain packaging warnings; (5) are part of an inventory tracking plan; (6) are included in quarterly reporting of handgun sales to the Bureau of Alcohol, Tobacco, and Firearms (ATF); and (7) are not marketed to minors under 18 years of age. Prohibits a law enforcement agency from disposing of a firearm except by destroying it or transferring it to another law enforcement agency. Requires the disposing agency to notify the ATF with certain handgun identifying information. Directs the National Institute of Justice to evaluate the effect of the grant program in reducing gun-related crime in participating jurisdictions.
United States · United States Congress · 12 October 2000
Expresses the solidarity of Congress with the state and people of Israel at this time of crisis. Condemns the Palestinian leadership for encouraging the violence and doing so little for so long to stop it. Calls upon the Palestinian leadership to: (1) refrain from exhortations to public incitement; and (2) vigorously use its security forces to act immediately to stop all violence, to show respect for all holy sites, and to settle all grievances through negotiations. Commends successive Administrations on their continuing efforts to achieve peace in the Middle East. Calls upon: (1) the current Administration to use its veto power at the United Nations Security Council to ensure that the Security Council does not again adopt unbalanced resolutions addressing the uncontrolled violence in the areas controlled by the Palestinian Authority; and (2) all involved parties to make all possible efforts to reinvigorate the peace process.
United States · United States Congress · 10 October 2000
Cost of Living Measurement and Index Act of 2000 - Direct the Commissioner of Labor Statistics to conduct a study to develop a methodology for determining the cost of living in each State, that accounts for the costs of housing, goods, and services, to improve Government management and the economy and management of Government operations and activities that rely on accurate economic information. Requires the Comptroller General to conduct a study in which the methodology is applied to determine how Federal benefits provided to beneficiaries in each State would be increased if: (1) such benefits were determined based on each State's cost of living under such methodology; and (2) the methodology were applied subject to a hold harmless provision under which benefits would only be increased for high cost of living States.
United States · United States Congress · 5 October 2000
Veterans Commemoration Act of 2000 - Directs the Secretary of the Treasury to mint and issue a maximum of 500,000 $1 coins to commemorate the service of veterans of the United States armed forces. Mandates that the proceeds from sale surcharges be paid promptly to the Disabled American Veterans to fund the transportation of veterans to and from hospitals administered by the Secretary of Veterans Affairs.
United States · United States Congress · 4 October 2000
Amends Federal law to remove a requirement that a Federal rule be submitted to both Houses of Congress before it can take effect. Requires submission to each House of Congress of rules that are not published in the Federal Register before they become effective. Directs the Comptroller General to submit weekly reports to each House of rules published in the Federal Register and provides for publication of such reports in the Congressional Record.
United States · United States Congress · 28 September 2000
Authorizes Frederick Douglass Gardens, Inc., to establish a memorial and gardens on Department of the Interior lands in the District of Columbia or its environs in honor and commemoration of Frederick Douglass.
United States · United States Congress · 28 September 2000
Vaccine Injury Compensation Program Corrective Amendments of 2000 - Amends the Public Health Service Act relating to the National Vaccine Injury Compensation Program to: (1) designate the Program as a remedial program under which sovereign immunity does not apply; (2) change the burden of proof requirement for the award of compensation from a preponderance of the evidence to evidence sufficient to justify a belief that the petitioner's claims are well grounded (while giving the benefit of doubt to the petitioner); (3) require any defense raised that an illness, injury, or death was due to unrelated factors to be proved by clear and convincing evidence; (4) authorize as Program compensation expenses necessary for the establishment of a trust to receive Program funds, as well as expenses incurred for family counseling or training necessitated by the vaccine-related injury; (5) allow the petitioner to file applications for the award of petitioner's attorneys' fees; (6) increase to up to 72 months the statute of limitations under the Program; (7) allow such period to be extended for an additional 36 months after a petitioner first knew or should have known about his or her eligibility for compensation; (8) toll the statute of limitations until a petitioner reaches age 18 and, if a petitioner is incompetent, until 24 months after a guardian is appointed; and (9) authorize the refiling of a previously failed petition if the petitioner would have met the extended statute of limitations provided under this Act.
United States · United States Congress · 27 September 2000
Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 2000 - Title I: Provisions Relating to Part A - Subtitle A: Skilled Nursing Facilities - Amends title XVIII (Medicare) of the Social Security Act (SSA) with regard to eliminating the reduction in the skilled nursing facility (SNF) market basket update. (Sec. 102) Amends the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999 (BBRA) to revise the BBRA increase for SNFs in FY 2001 and 2002. (Sec. 103) Requires a Medicare Payment Advisory Commission (MedPAC) study and report to the Secretary of Health and Human Services (HHS) and Congress on nursing home costs to determine the adequacy of Medicare payment rates for items and services furnished by SNFs. Grants the Secretary the authority to make payment adjustments for covered SNF services if appropriate as a result of the study. Subtitle B: PPS Hospitals - Amends SSA title XVIII to: (1) revise the reduction of indirect graduate medical education payments; (2) eliminate the reduction in the Prospective Payment System (PPS) hospital payment update; (3) eliminate the reduction in disproportionate share hospital (DSH) payments; and (4) change the payment formulas for DSH hospitals; and (5) modify the payment rate for Puerto Rico hospitals. (Sec. 115) Increases the DSH allotments under Medicaid for the District of Columbia. Amends SSA title XIX (Medicaid) and XXI (State Children's Health Insurance) (SCHIP) to provide for the optional eligibility of certain alien pregnant women and children for Medicaid and SCHIP. (Sec. 117) Requires a MedPAC study on hospital area wage indexes for a report to the Secretary and Congress. Subtitle C: PPS Exempt Hospitals - Amends SSA title XVIII to provide for the treatment of certain cancer hospitals (Sec. 122) Makes certain changes with regard to the PPS for inpatient rehabilitation services and payment during the transition period under current law. Subtitle D: Hospice Care - Amends SSA title XVIII to revise payments for hospice care. Subtitle E: Other Provisions - Amends SSA title XVIII to outline various provisions concerned with: (1) hospital compliance with the Bloodborne Pathogens standard; (2) an Informatics and Data Systems Grant Program; and (3) relief from the Medicare part A (Hospital Insurance) late enrollment penalty for a group buy-in for State and local retirees. Authorizes appropriations. Subtitle F: Transitional Provisions - Reclassifies certain counties and areas in specified States (including the Boston and Barnstable-Yarmouth Metropolitan Statistical Areas) for purposes of reimbursement under the Medicare program. Title II: Provisions Relating to Part B - Subtitle A: Hospital Outpatient Services - Amends SSA title XVIII to provide for reduction of the effective hospital outpatient department (HOPD) coinsurance rate to 20 percent by 2019. (Sec. 202) Revises the formula for calculating the base payment-to-cost-ratio component of HOPD PPS transitional corridor payments to include in such formula (and so cover) certain hospitals that did not submit cost reports for 1996. (Sec. 203) Provides a permanent guarantee of pre-Balanced Budget Act of 1997 (BBA '97) payment levels for HOPD services furnished by children's hospitals. Subtitle B: Provisions Relating to Physicians - Amends the Higher Education Act of 1965 to grant medical students a deferment on their student loans for a period not to exceed the length of their full initial residency period. (Sec. 212) Directs the Comptroller General to study and report to the Secretary and Congress on: (1) the post-payment audit process under Medicare as it applies to physicians; and (2) the aggregate effects of regulatory, audit, oversight, and paperwork burdens on physicians and other health care providers participating in Medicare. (Sec. 213) Directs MEDPAC to study and report to the Secretary and Congress on the refinements to the practice expense relative value units during the transition to a resource-based practice expense system for physician payments under Medicare. Subtitle C: Ambulance Services - Amends SSA title XVIII with regard to the establishment of a fee schedule for ambulance services to allow a supplier of ambulance services to elect to forego phase-in of such schedule and receive payments based only upon it. (Sec. 222) Establishes a prudent layperson standard for emergency ambulance services. (Sec. 223) Eliminates the reduction in inflation adjustments for ambulance services. (Sec. 224) Directs the Secretary to study and report to Congress on the means by which rural areas with low population densities can be identified for the purpose of designating areas in which the cost of providing ambulance services would be expected to be higher than similar services provided in more heavily populated areas because of low usage. (Sec. 225) Outlines provisions for interim payments for rural ground ambulance services until such time as the established fee schedule is modified by a specified regulation. (Sec. 226) Directs the Comptroller General to study and report to the Secretary and Congress on the costs of providing emergency and medical transportation services across the range of acuity levels of conditions for which such transportation services are provided. Subtitle D: Preventive Services - Amends SSA title XVIII to: (1) prohibit deductibles and coinsurance for various specified preventive benefits; (2) add lancets to the definition of durable medical equipment; and (3) provide coverage of counseling for cessation of tobacco use, glaucoma detection tests, and medical nutrition therapy services for beneficiaries with diabetes, a cardiovascular disease, or a renal disease. (Sec. 235) Directs the Secretary to: (1) conduct a series of studies, for an annual report to the Congress, designed to identify preventive interventions that can be delivered in the primary care setting that are most valuable to older Americans; and (2) contract with the Institute of Medicine of the National Academy of Sciences to study and report periodically to the President on current literature and best practices in the field of health promotion and disease prevention among Medicare beneficiaries. (Sec. 237) Provides for fast-track consideration of preventive benefit legislation resulting from recommendations accompanying such study reports. Subtitle E: Other Services - Amends SSA title XVIII with regard to: (1) revision of the moratorium on caps for therapy services; (2) revision of coverage of immunosuppressive drugs; (3) extension of certain secondary payer requirements; (4) State accreditation of diabetes self-management training programs; (5) elimination of the reduction in payment amounts for orthotics and prosthetics, parenteral and enteral nutrients, supplies, and equipment and oxygen and oxygen equipment; (6) standards regarding payment for certain orthotics and prosthetics; (7) revision of the definition of orthotics; (8) new pap smear technologies and other new clinical laboratory test technologies; (9) increase in payments for certified nurse-midwife services; and (10) payment for administration services associated with chemotherapy and for blood clotting drug-related activities. (Sec. 249) Directs MEDPAC to study and report to the Secretary and Congress on the provision of in-home infusion therapy nursing services. (Sec. 250) Amends SSA title XVIII to provide for Medicare coverage of vision rehabilitation services. (Sec. 251) Amends SSA title XVIII part B (Supplementary Medical Insurance) with respect to the amounts of part B premiums to limit the Medicare late enrollment penalty to ten percent and twice the period of no enrollment. Title III: Provisions Relating to Parts A and B - Subtitle A: Home Health Services - Amends SSA title XVIII to eliminate a specified 15 percent reduction in cost and per beneficiary limits with respect to payment rates for home health services under the Medicare PPS. (Sec. 302) Provides for additional payments: (1) for outliers; and (2) under the PPS for services furnished in rural areas and security services. (Sec. 304) Excludes from the Medicare PPS certain nonroutine medical supplies furnished by a home health agency. Details certain study and reporting requirements with regard to such exclusion. (Sec. 305) Declares that, with regard to eligibility for Medicare home health benefits, any absence of an individual from the home attributable to health care treatment, including regular absences for such treatment in an adult day-care program, shall not disqualify the individual from being considered confined to home. (Sec. 306) Directs the Secretary to establish standards for the operation of a branch office, a service site for home health services controlled and supervised by a home health agency. (Sec. 307) Provides for the treatment of home health services provided in certain counties in the State of New York. (Sec. 308) Permits a home health agency to receive Medicare payments for a home health service furnished via a telecommunications system. Subtitle B: Direct Graduate Medical Education - Provides that, for cost reporting periods between October 1, 2000, and October 1, 2005, in applying the limitations regarding the total number of full-time equivalent interns and residents in the field of allopathic or osteopathic medicine under Medicare for a hospital, the Secretary shall not take into account a maximum of three interns or residents in the field of geriatric medicine to the extent the hospital increases the number of geriatric interns or residents above the number of such interns or residents for the hospital's most recent cost reporting period ending before October 1, 2000. (Sec. 312) Amends SSA title XI part A (General Provisions) to establish a program of payments to children's hospitals that operate graduate medical education programs. Authorizes appropriations. (Sec. 313) Provides that, effective for cost reporting periods beginning on or after October 1, 1999, for purposes of Medicare payments to hospitals for costs of approved educational activities, such activities shall include the clinical portion of professional educational training programs recognized by the Secretary for clinical psychologists. (Sec. 314) Amends SSA title XVIII to provide for the treatment of certain newly established residency programs in computing Medicare payments for the costs of medical education. (Sec. 315) Revises the limitation during FY 1997 on allopathic and osteopathic residents for payment of both the indirect and direct costs of graduate medical education at an accredited community health center, if the hospital conducting the residency program incurred all or substantially all of the training costs. Subtitle C: Miscellaneous Provisions - Amends SSA title II (Old Age, Survivors and Disability Insurance) (OASDI) to provide for a waiver of the 24-month waiting period for Medicare coverage of individuals disabled with amyotrophic lateral sclerosis. Title IV: Rural Provider Provisions - Subtitle A: Critical Access Hospitals - Amends SSA title XVIII with regard to payments to critical access hospitals for clinical diagnostic laboratory tests. (Sec. 402) Amends SSA title XVIII, as amended by BBRA, to revise the payment for professional services provided by a critical access hospital. (Sec. 403) Amends SSA title XVIII to permit critical access hospitals to operate PPS-exempt distinct part psychiatric and rehabilitation units. Subtitle B: Medicare Dependent, Small Rural Hospital Program - Amends SSA title XVIII to: (1) make the Medicare-dependent, small rural hospital program permanent; and (2) give any hospital under such program the option of basing eligibility for payment on discharges during any of the three most recent audited cost reporting periods in lieu of the current basing of eligibility for payment on discharges during the cost reporting period beginning in FY 1987. Subtitle C: Sole Community Hospitals - Amends SSA title XVIII to extend the option to use rebased target amounts to all sole community hospitals. (Sec. 422) States that, for purposes of discharges occurring on or after October 1, 2000, the Greensville Memorial Hospital located in Emporia, Virginia, shall be deemed to have satisfied the travel time criteria under applicable Medicare provisions for classification as a sole community hospital. Subtitle D: Other Rural Hospital Provisions - Amends SSA title XVIII to exempt Medicare swing bed hospitals from the PPS for skilled nursing facilities (SNFs). (Sec. 431) Amends BBRA to make January 1, 2001, the effective date of the elimination of certain restrictions with respect to the hospital swing bed program. (Sec. 432) Amends SSA title XVIII to mandate pre-BBA '97 payment levels for outpatient services furnished by rural hospitals. (Sec. 433) Provides for the treatment of certain physician pathology services under Medicare. Subtitle E: Other Rural Provisions - Amends SSA title XVIII with regard to bonus payments in the case of physicians' services furnished to an individual who is covered under Medicare part B (Supplementary Medical Insurance) and who incurs expenses for such services in a health professional shortage area. Extends such bonus payments to physician assistant and nurse practitioner services. Eliminates the requirement to make such payments on a monthly or a quarterly basis. (Sec. 442) Modifies: (1) the exemption to the limits established on payment for provider-based rural health clinic services in the case of such clinics in rural hospitals with less than 50 beds; and (2) payment for certain physician assistant services. (Sec. 444) Excludes clinical social worker services and worker services performed under a contract with a rural health clinic or a Federally-qualified health center from the PPS for SNFs. (Sec. 445) Covers marriage and family therapist services provided in rural health clinics under Medicare. (Sec. 446) Amends the Public Health Service Act (PHSA) to: (1) create a capital infrastructure revolving loan program for rural entities for projects for capital improvements; (2) provide for grants to assist eligible small rural hospitals in offsetting the costs of establishing data systems to implement PPSs under Medicare, and to comply with administrative simplification requirements under Medicare part C (Medicare+Choice), or to reduce medication errors; (3) provide for grants to eligible small rural hospitals to provide relief for financial distress that has a negative impact on access to care for Medicare beneficiaries who reside in a rural area. Authorizes appropriations. (Sec. 449) Amends BBA '97 to revise provisions for Medicare reimbursement for telehealth services with respect to: (1) the methodology for determining the amount of payments; (2) reimbursement for Medicare beneficiaries who do not reside in a health professional shortage area; (3) telehealth coverage for direct patient care; (4) eligibility for telehealth reimbursement for all physicians and practitioners; and (5) telehealth services provided using store-and-forward technologies. (Sec. 450) Directs MEDPAC to study and report to the Secretary and Congress on the effect of low patient and procedure volume on the financial status of low-volume, isolated rural health care providers participating in Medicare. Title V: Provisions Relating to Part C (Medicare+Choice Program) and Other Medicare Managed Care Provisions - Amends SSA title XVIII part C (Medicare+Choice) with regard to eligibility, election, and enrollment to provide for restoring the effective date of elections and changes of elections of Medicare+Choice plans. (Sec. 502) Amends SSA title XVIII part D (Miscellaneous) with regard to certification of Medicare supplemental health insurance (Medigap) policies. Sets forth a special Medigap enrollment anti-discrimination provision for certain beneficiaries. (Sec. 503) Amends SSA title XVIII part C with regard to payments to Medicare+Choice organizations to: (1) increase the national per capita Medicare+Choice growth percentage in 2001 and 2002; and (2) modify area-specific and national percentages provisions with respect to calculation of annual Medicare+Choice capitation rates. (Sec. 505) Delays from July 1, 2000, to November 1, 2000, the deadline for a Medicare+Choice organization to withdraw the offering of a Medicare+Choice plan under part C (or otherwise to submit information required for the offering of such a plan) for 2001. (Sec. 506) Amends SSA title XVIII to make certain amounts in the Medicare trust funds available for the Secretary's share of Medicare+Choice education and enrollment-related costs. (Sec. 507) Amends BBRA to revise terms and conditions for extension of Medicare community nursing organization demonstration projects. (Sec. 508) Amends SSA title XVIII part C with regard to payments to Medicare+Choice organizations to modify payment rules for certain frail elderly Medicare beneficiaries. Title VI: Provisions Relating to Individuals with End-Stage Renal Disease - Amends SSA title XVIII part D with respect to Medicare coverage for end-stage renal disease (ESRD) patients to change the methodology for determining the update in the renal dialysis composite rate for end state renal dialysis services furnished after January 1, 2001. (Sec. 602) Amends SSA title XVIII part C with regard to payments to Medicare+Choice organizations to provide for revision of payment rates for ESRD patients enrolled in Medicare+Choice plans. (Sec. 603) Permits ESRD beneficiaries to enroll in another Medicare+Choice plan if the plan in which they are enrolled is terminated. (Sec. 604) Amends SSA title XVIII part B to provide for the coverage of certain vascular access services for ESRD beneficiaries provided by ambulatory surgical centers. (Sec. 605) Directs the Secretary to: (1) collect information on the satisfaction of each ESRD Medicare beneficiary with the quality of health care under the original fee-for-service Medicare program and the Medicare+Choice program, and the access of each beneficiary to that care; (2) analyze such information to determine, among other things, the kinds of health care that each nondialysis health care provider provides to each ESRD Medicare beneficiary for the treatment of ESRD and each comorbidity and the quality of health care provided to each such beneficiary enrolled under the Medicare+Choice program compared to each beneficiary enrolled under the original fee-for-service Medicare program; and (3) make such information collected and analysis conducted available to the public each year. Title VII: Access to Care Improvements Through Medicaid and SCHIP - Amends SSA title XIX (Medicaid) to create a new PPS for federally-qualified health centers and rural health clinics. (Sec. 702) Amends SSA title XIX to make permanent the extension of eligibility for medical assistance, and give States the option of electing a 12-month initial eligibility period in lieu of the current six month initial eligibility period. (Sec. 703) Amends SSA title XIX with regard to State Medicaid plans to provide for coordination with Medicaid and the State Children's Health Insurance Program (SCHIP) under SSA title XXI of the application of resource and income eligibility standards for certain Medicaid-eligible individuals under certain conditions, as well as providing for the automatic reassessment of eligibility for Medicaid and SCHIP benefits for children losing Medicaid- or SCHIP-eligibility. (Sec. 704) Amends SSA titles XIX and XXI to qualify additional entities to determine presumptive eligibility for low-income children under Medicaid and SCHIP. (Sec. 705) Amends SSA title V (Maternal and Child Health Services) to: (1) increase the authorization of appropriations; and (2) provide for coordination with Medicaid and SCHIP. (Sec. 706) Amends SSA title XIX to provide for increased access to Medicare cost-sharing assistance for low-income beneficiaries. (Sec. 707) Provides for: (1) optional State Medicaid coverage of breast and cervical cancer prevention and treatment coverage for certain breast and cervical cancer patients; (2) optional State Medicaid presumptive eligibility for certain breast or cervical cancer patients; and (3) an enhanced Federal match to be used under SCHIP with respect to medical assistance provided to such breast and cervical cancer patients receiving such optional State Medicaid coverage. (Sec. 708) Revises Medicaid coverage of services furnished by certified nurse practitioners, including coverage of services furnished by clinical nurse specialists. Title VIII: Other Provisions - Amends the Ricky Ray Hemophilia Relief Fund Act of 1998 to make appropriations to the Ricky Ray Hemophilia Relief Fund for FY 2001. (Sec. 802) Amends the Public Health Service Act (PHSA) to increase appropriations for special diabetes programs for children with type 1 diabetes and for Indians. (Sec. 803) Directs the Secretary to award demonstration grants to up to seven States to conduct innovative programs designed to improve outreach to homeless individuals and families under specified Social Security programs with respect to enrollment and the provision of services under such programs. Makes appropriations. (Sec. 804) Amends the Employee Retirement Income Security Act of 1974 (ERISA) and PHSA to prohibit health insurance provided through a managed care organization under a group health plan, or through a health insurance issuer providing coverage in connection with a group health plan, (and, for the PHSA, health insurance in the individual market) from denying coverage of services provided by a continuing care retirement community or other qualified facility if they are: (1) post-hospitalization services in the same community or facility as in pre-hospitalization; (2) skilled nursing services, without a preceding hospitalization, which are necessary to prevent hospitalization; or (3) furnished in the same facility the participant's or beneficiary's spouse already resides in. Makes the prohibition: (1) depend on whether such services are otherwise covered; and (2) regardless of whether the organization is under contract with the community or facility. Prohibits related denial of enrollment or renewal, incentives to enrollees, and penalties or incentives to physicians. Declares that State laws are not preempted which meet certain requirements, including any more protective of participants or beneficiaries than those of this Act. Provides for enforcement. (Sec. 805) Directs the Secretary to award grants to eligible States to support real choice systems change initiatives that establish specific action steps and specific timetables to: (1) achieve enduring system improvements; and (2) provide consumer-responsive long-term services and supports to eligible individuals in the most integrated setting appropriate based on the unique strengths and needs of the individual, the priorities and concerns of the individual (or, as appropriate, the individual's representative), and the individual's desires with regard to participation in community life. Requires each State, in order to receive such a grant, to establish a Consumer Task Force to assist in the development, implementation, and evaluation of real choice systems change initiatives. Provides funding.
United States · United States Congress · 27 September 2000
Requires the Secretary of Defense to revise Department of Defense policy regarding the euthanization of military working dogs to: (1) terminate the practice of euthanizing such dogs at the end of their useful life; and (2) limit such euthanization to when medically necessary or necessary for the public safety. Requires the Secretary to make such a dog available for adoption by law enforcement agencies, former handlers, and other persons capable of humanely caring for such dogs. Requires the commander of the last unit to which the dog is assigned to make the decision whether a particular dog is suitable or unsuitable for adoption. Directs the Secretary to require that any dog recipient hold harmless the United States from any damages or injury caused by a dog after such transfer. Requires an annual report from the Secretary to Congress concerning dogs adopted, waiting for adoption, or euthanized during the preceding year (with an explanation in the case of euthanization).
United States · United States Congress · 25 September 2000
Peace Through Negotiations Act of 2000 - Declares it to be U.S. policy to oppose the unilateral declaration of a Palestinian state, to withhold diplomatic recognition of any Palestinian state that is unilaterally declared, and to encourage other countries and international organizations to withhold diplomatic recognition of any Palestinian state that is unilaterally declared. Sets forth certain measures that shall be applied in the event that a Palestinian state is unilaterally declared, including: (1) the enforcement of section 1003 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204) calling for certain prohibitions regarding the Palestine Liberation Organization (PLO) such as prohibiting the establishment of a PLO office in the United States; (2) the bar of U.S. assistance to the government of any unilaterally declared Palestinian state, the Palestinian Authority (or to any successor entity), and any programs or projects in the West Bank or Gaza (except humanitarian assistance); (3) the withholding of a specified percentage of the U.S. contribution to any international organization that recognizes a unilaterally declared Palestinian state; and (4) U.S. opposition to such state's membership in any international financial institution or the extension by such institution of any loan or other financial assistance to it.
United States · United States Congress · 25 September 2000
Amends Internal Revenue Code (the Code) provisions concerning reporting requirements of political organizations to exempt from such requirements certain State and local political organizations which are required to make State filings which are publicly available and which contain the same information as is required under the Code.
United States · United States Congress · 21 September 2000
Governors Island Preservation Act of 2000 - Establishes, as a unit of the National Park System, Governors Island National Monument, comprised of Castle Williams and Fort Jay and associated land located on Governors Island in New York Harbor. Requires the Administrator of General Services, as part of the overall disposition of Governors Island, to transfer administrative jurisdiction over the Monument to the Secretary of the Interior and, subject to agreement by the Secretary and the Governors Island Redevelopment Corporation, to reserve the right of access for the Secretary to the Monument for purposes of operating and maintaining it. Requires the Secretary of the Interior to submit to specified congressional committees a management plan for the Monument. Directs the Administrator to convey Governors Island (with the exclusion of the Monument) to New York for use consistent with a plan to be administered by the Governors Island Redevelopment Corporation and the purposes of this Act. Requires any use of the conveyed land to be consistent with such plan and purposes and to be in compliance with: (1) the New York State Environmental Quality Review Act; (2) the Governors Island Preservation and Design Manual.
United States · United States Congress · 20 September 2000
Immigrant Health and Safety Act of 2000 - Amends the Immigration and Nationality Act to authorize the Attorney General to cancel removal, and adjust the status to permanent resident, of a qualifying alien whose removal would result in extreme medical hardship for such alien, or the alien's citizen or permanent resident spouse, child, or parent.
United States · United States Congress · 19 September 2000
Medicare, Medicaid, and MCH Smoking Cessation Promotion Act of 2000 - Amends titles V (Maternal and Child Health Services), XVIII (Medicare), and XIX (Medicaid) of the Social Security Act to provide for coverage of counseling for cessation of tobacco use under the Maternal and Child Health Services, Medicare, and Medicaid programs.
United States · United States Congress · 14 September 2000
Live Performing Arts Labor Relations Amendments - Amends the National Labor Relations Act to exempt, from a prohibition against employer or labor organization boycotts, any leaders, contractors, purchasers of live entertainment or live music, promoters, producers, or persons similarly engaged or involved in an integrated production or performance of any kind in the live entertainment industry. Allows employers who hire, or contract for the services of, persons engaged in the live performing arts to make agreements covering such persons with labor organizations of which performing artists are members (provided that certain unfair labor practices are not involved), even if the majority status of such labor organization has been previously established or such agreement requires membership in such labor organization as a condition of employment. Revises definitions of: (1) employer, to include purchasers of live musical performance services regardless of whether the performer is an independent contractor, employer, or employee of another employer; and (2) employee, to include independent contractors (other than employers) engaged to perform live musical services.
United States · United States Congress · 14 September 2000
Day Laborer Fairness and Protection Act - Requires day labor service agencies to provide notice of the wage rate expected to be paid by each third party employer using their services. Requires the wage rate for such third party employers to equal the rate paid to their permanent employees who perform substantially equivalent work, with due consideration given to seniority, experience, skills and qualifications. Requires day laborers to be paid by third party employers at a wage rate not less than that stated in the agency notice for all work performed for such employers, including work contained in the detailed description issued under notification requirements of this Act. Prohibits employers from reducing the wage rate of any employee in order to comply with requirements of this Act. Sets forth requirements for: (1) agency payments to day laborers for excessive processing time; (2) civil damages and criminal penalties for certain employer violations; (3) itemized wage statements, annual earnings summaries, and optional payment schedules; (4) no charges for cashing wage payment checks or for overpayments; (5) nondiscrimination; (6) adequate seating, restrooms and water in waiting areas; (7) no restrictions on worker acceptance of permanent positions, but allowance placement fees paid to agencies by employers; (8) health care liability for injuries on the job or in transit; (9) agency notices, including employer lists and descriptions of jobs, wages, and other working conditions; (10) equitable expenses for day laborer meals, transportation, and equipment; (11) agency registration with the Secretary of Labor; and (12) Department of Labor enforcement of this Act. Amends the National Labor Relations Act to make it an unfair labor practice for employers to offer and grant: (1) permanent replacement employee status or other employment preferences to individuals for performing bargaining unit work for the employer during a labor dispute; or (2) any employment preference based on an individual's being employed, or having indicated a willingness to be employed, during a labor dispute, over any employee who was there at dispute commencement, has exercised rights through the labor organization involved in the dispute, and is working for the employer, or has unconditionally offered to return to such work.