United States · United States Congress · 19 June 1996
TABLE OF CONTENTS: Title I: Veterans Compensation Benefits Title II: Education and Other Readjustment Benefits Title III: Other Matters Veterans' Compensation and Readjustment Benefits Amendments of 1996 - Title I: Veterans Compensation Benefits - Adds bronchiolo-alveolar carcinoma to the list of diseases that will be considered service-connected (and therefore compensable) when occurring in a radiation-exposed veteran. (Sec. 102) Considers any veteran age 65 or older and a patient in a nursing home as totally and permanently disabled for purposes of eligibility for veterans' disability compensation. (Sec. 103) Authorizes the Secretary of Veterans Affairs to conduct a pilot program under which veterans' medical disability evaluation examinations may be made under contract by persons other than employees of the Department of Veterans Affairs. (Sec. 104) Reduces the annual clothing allowance for veterans who are incarcerated and furnished clothing by the penal institution. (Sec. 105) Amends the Veterans' Benefits Improvement Act of 1994 to extend the due date for a final report from the Veterans' Claims Adjudication Commission concerning the disposition of claims for veterans' benefits. Provides funding. Title II: Education and Other Readjustment Benefits - Repeals provisions prohibiting the Secretary from approving the enrollment of an eligible veteran or other person in a course offered at an educational institution when such institution has been in operation for less than two years. Prohibits the Secretary from approving enrollment in a course not leading to a standard college degree when: (1) the institution or branch thereof offering the course has been operating for less than two years; or (2) following either a change in ownership or a move, the institution does not retain substantially the same faculty, student body, and courses. Provides for the approval or disapproval of courses offered by an institution under contract. Revises approval requirements concerning the adequacy of student records. (Sec. 202) Eliminates the distinction between the pursuit of education by open circuit television and independent study for purposes of the computation of the educational assistance allowance provided. (Sec. 203) Authorizes the Secretary to approve the pursuit of flight training if, among other requirements, the individual possesses a valid private pilot's license and meets the medical requirements for a commercial pilot's license on the first day of such training and within 60 days after successfully completing such training. (Sec. 204) Repeals a provision limiting the monthly educational assistance allowance payable to an individual pursuing a cooperative program. Increases the monthly educational allowance provided to individuals pursuing training in a business or industrial establishment as part of a full-time education program. (Sec. 205) Extends the authority of the Secretary to issue certificates or other securities evidencing an interest in a pool of veterans' mortgage loans guaranteed by the Department. (Sec. 206) Amends the Stewart B. McKinney Homeless Assistance Act to extend the authority for veterans' reintegration projects. Title III: Other Matters - Authorizes the American Battle Monuments Commission to enter into arrangements for the repair and long-term maintenance of war memorials. Establishes in the Treasury a fund for such repair and maintenance expenses. (Sec. 302) Provides burial benefits when a veteran dies at an institution at which such veteran was receiving Department-authorized hospital or nursing home care.
United States · United States Congress · 19 June 1996
TABLE OF CONTENTS: Title I: Veterans' Education Programs Title II: Veterans' Benefits Programs Veterans' Education and Compensation Benefits Amendments of 1996 - Title I: Veterans' Education Programs - Makes a veteran eligible for training and rehabilitation services and assistance due to an employment handicap caused by a service-connected disability whether or not such person is in receipt of retired pay. Excludes from the scope of such services and assistance job-readiness skills development and counseling under the Veterans' Job Training Act. Repeals a provision allowing a program of independent living services and assistance to include services and assistance as described in title VII of the Rehabilitation Act of 1973. Directs the Secretary of Veterans Affairs (Secretary) to determine whether a veteran is capable of participating in a program of independent living services and assistance when the Secretary determines that a veteran has a serious employment handicap for which the achievement of a vocational goal currently is not reasonably feasible. Authorizes the provision of a subsistence allowance to a veteran while satisfactorily pursuing a program of employment services provided through the Department of Veterans Affairs. (Currently, such allowance is only permitted after the conclusion of such program.) Provides employment assistance through the Department for certain veterans with a service-connected disability rating of ten percent or more (currently, with any disability). (Sec. 102) Increases the monthly rates of veterans' basic educational assistance under the Montgomery GI Bill, effective on October 1, 1996. (Sec. 103) Directs the Secretary of Defense to allow certain individuals currently enrolled in the Post-Vietnam Era Veterans' Educational Assistance program to instead enroll in the Montgomery GI Bill program of veterans' educational assistance. Provides for deductions from pay for program participants, while allowing refunds to such individuals for any amount paid into the former program but unused in educational benefits. (Sec. 104) Makes eligible for assistance under the Montgomery GI Bill program members of the Army and Air National Guard who performed certain duty after June 30, 1985 (currently November 29, 1989). Reduces the pay of such individuals for such participation. (Sec. 105) Makes permanent (currently terminates September 30, 1996) the authority for such assistance to include alternative teacher certification programs. Title II: Veterans' Benefits Programs - Revises the effective date for the discontinuance of certain veterans' benefits by reason of death of the recipient. Provides the effective date of an award for dependency and indemnity compensation for which application is received within one year from the date of death of the veteran. (Sec. 202) Increases: (1) from one to two years the authorized period for the payment of certain accrued benefits upon the death of a beneficiary; and (2) from $5,500 to $6,500 the allowance for automobiles and adaptive equipment for certain disabled veterans. (Sec. 204) Directs the Court of Veterans Appeals to provide funds to legal assistance entities to be used to provide legal assistance to financially needy veterans in proceedings before such Court. Directs the Court to seek to provide such funds through a selected nonprofit organization. Outlines types of assistance, services, and activities to be provided using such funds. Directs the Secretary to transfer funds appropriated to the Department for FY 1997 through 2003 for funding the legal assistance program. Directs the Court to report annually to the Congress on the use of such funds.
United States · United States Congress · 13 June 1996
Makes herbicide-exposed veterans eligible for hospital and nursing home care for any disease among those for which the National Academy of Sciences has determined: (1) there is sufficient evidence to conclude a positive association between occurrence of the disease and exposure to a herbicide agent; (2) there is evidence which suggests such an association, though such evidence is limited in nature; or (3) available studies are insufficient to permit a conclusion about the presence or absence of such an association. Makes such veterans eligible for such care for a disease for which the Secretary of Veterans Affairs determines there is credible evidence suggestive of such an association. Makes radiation-exposed veterans eligible for such care for any disease currently listed among covered diseases or any other disease for which the Secretary determines there is credible evidence of a positive association between occurrence of the disease and exposure to such radiation. Extends through 1998 the authority to provide such care. Extends: (1) through 1998 the authority to provide outpatient care to herbicide-exposed veterans; and (2) permanently the authority to provide such care to radiation-exposed veterans. Authorizes the Secretary to establish in the Veterans Health Administration (VHA) of the Department of Veterans Affairs a Committee on Care of Severely Chronically Mentally Ill Veterans which shall continually assess the capability of VHA to meet the treatment and rehabilitation needs of mentally ill veterans whose mental illnesses are severe and chronic and who are eligible for health care furnished by the Department. Requires various reports with respect to such Committee and its assessments. Directs the Secretary to establish and operate centers for mental illness research, education and clinical activities to represent various U.S. geographic regions. Allows the designation of no more than five centers. Outlines requirements for proposals submitted for designation as a center. Authorizes appropriations for FY 1998 through 2001 for basic support of center activities. Directs the Under Secretary of Health for VHA to allocate other Department funds for such centers. Requires annual reports. Requires at least one center to be designated by January 1, 1998. Authorizes the use of disbursement agreements for the administration of pay, benefits, and records of medical residents and interns serving in Department facilities furnishing hospital care or medical services (currently, only Department hospitals). Authorizes the Secretary to suspend special pay agreements in the case of Department physicians and dentists who enter residency training programs, such suspension to last for the duration of the program.
United States · United States Congress · 12 June 1996
TABLE OF CONTENTS: Title I: Recognition of the Millennium Society Title II: Commemorative Coins Title III: Commemorative Postage Stamps Millennium Society Act of 1996 - Title I: Recognition of the Millennium Society - Recognizes the Millennium Society (a nonprofit U.S. corporation chartered and organized under the laws of the State of Illinois on November 21, 1983) and any other organization that is organized and operated by the corporation exclusively for charitable and educational purposes. (Sec. 105) Sets forth the goals and purposes of the Society, which include: (1) establishing national goals for commemoration and celebration of the millennium in the United States and U.S. participation in such international events; (2) exercising exclusive jurisdiction over all matters pertaining to U.S. participation in commemorations or celebrations of the millennium; (3) coordinating activities and holding forums and symposiums to promote educational and cross-cultural exchange; and (4) establishing, endowing, and administering the Millennium Scholars Program. (Sec. 114) Grants the Society the sole and exclusive right to the use of specified symbols, emblems, trademarks, and names to carry out its functions. Authorizes the Society to allow contributors and suppliers of goods and services to use the Society's trade name, trademarks, symbols, insignia, emblems, seals, descriptive or designating marks, and slogans in advertising under specified conditions. Subjects to a civil action by the Society for the remedies provided in the Trademark Act of 1946 any person who, without the Society's consent, uses its trademark, symbol, insignia, emblem, seal, descriptive or designating mark, or slogan: (1) for the purposes of trade; (2) to induce the sale of any goods or services; (3) or to promote any theatrical exhibition, performance, or competition. Exempts persons who lawfully used such a symbol or slogan before the enactment of this Act. Allows the individuals to continue such lawful use for the same purpose and for the same goods or services. Title II: Commemorative Coins - Directs the Secretary of the Treasury to mint five-dollar gold coins and one-dollar silver coins emblematic of the events of the second millennium and the advent of the third. (Sec. 204) Provides for the issuance of such coins beginning on July 1, 1999, and ending on January 1, 2001. (Sec. 207) Requires all surcharges received from coin sales to be promptly paid to the Society, under specified conditions, to be used only for the purpose of supporting the Millennium Scholars Program. Title III: Commemorative Postage Stamps - Urges the U.S. Postal Service to cooperate with the Secretary and the Society in the: (1) issuance of appropriate first day of issuance postage stamps commemorating the end of the second millennium and the advent of the third; and (2) production of a philatelic numismatic combination as a unique item to be made available to the public for such commemoration.
United States · United States Congress · 10 June 1996
TABLE OF CONTENTS: Title I: Public Water Systems Subtitle A: Promulgation of National Primary Drinking Water Regulations Subtitle B: State Primary Enforcement Responsibility for Public Water Systems Subtitle C: Notification and Enforcement Subtitle D: Exemptions and Variances Subtitle E: Lead Plumbing and Pipes Subtitle F: Capacity Development Title II: Amendments to Part C Title III: General Provisions Regarding Safe Drinking Water Act Title IV: Miscellaneous Safe Drinking Water Act Amendments of 1996 - Title I: Public Water Systems - Subtitle A: Promulgation of National Primary Drinking Water Regulations - Amends the Safe Drinking Water Act (the Act) to: (1) repeal a provision requiring the Administrator of the Environmental Protection Agency to set new standards for 25 additional contaminants every three years; (2) require the Administrator to publish a list of contaminants that are not subject to proposed or promulgated national primary drinking water (NPDW) regulations, that are known or anticipated to occur in public water systems (systems), and that may require regulation; and (3) direct the Administrator, every five years, to determine whether to regulate not fewer than five contaminants on the list based on findings that such contaminants are known or are likely to occur in systems with a frequency and at a level of public health concern and that their regulation presents a meaningful opportunity for public health risk reduction. Sets forth provisions regarding: (1) judicial review; (2) contaminant selection priorities; (3) promulgation of maximum contaminant level (MCL) goals and NPDW regulations; and (3) publication of health advisories. (Sec. 102) Directs the Administrator to promulgate an information collection rule to obtain information that will facilitate further revisions to the NPDW regulation for disinfectants and disinfection byproducts, including microbial contaminants such as cryptosporidium. (Sec. 103) Authorizes a State exercising primary enforcement responsibility for systems to establish alternatives to filtration requirements in effect for systems having uninhabited, undeveloped watersheds in consolidated ownership, and having control over access to, and activities in, those watersheds under specified circumstances. (Sec. 104) Directs the Administrator, at the time an NPDW regulation is proposed, to publish a determination of whether the MCL benefits justify the costs. Authorizes the Administrator to establish an MCL for a contaminant at a level other than the feasible level if the technology, treatment techniques, and other means used to determine the feasible level would result in an increase in the health risk from drinking water by increasing the concentration of other contaminants in drinking water, or by interfering with the efficacy of drinking water treatment techniques or processes used to comply with other NPDW regulations. (Sec. 105) Modifies the Act to require the Administrator to promulgate NPDW regulations requiring disinfection as a treatment technique for all systems at any time in the period beginning three years after enactment of this Act until the date on which the Administrator promulgates a Stage II rulemaking for disinfectants and disinfectant byproducts. (Sec. 106) Makes NPDW regulations effective three years after promulgation, with exceptions. (Sec. 107) Directs the Administrator to: (1) use the best available science in regulatory decisionmaking; (2) ensure that the presentation of information on public health effects is comprehensive, informative, and understandable; and (3) prepare a health risk reduction and cost analysis for new regulations. (Sec. 108) Requires the Administrator to: (1) withdraw any existing proposed radon regulation and, within three years, propose and promulgate an NPDW regulation for radon under this Act's standard- setting procedures, taking into account the costs and benefits of control programs for radon from other sources; (2) promulgate an NPDW regulation for arsenic by January 1, 2000; (3) jointly conduct a study with the Director of the Centers for Disease Control and Prevention (CDCP Director) to establish a reliable dose-response relationship for potential adverse human health effects from sulfate exposure in drinking water. (Sec. 109) Authorizes the Administrator to promulgate an interim NPDW regulation for a contaminant without making a determination as to whether the benefits justify the costs and without performing a health risk reduction and cost analysis to address an urgent public health threat. (Sec. 110) Directs the Administrator: (1) to promulgate a regulation to govern the recycling of filter backwash water within the treatment process of a system; and (2) when issuing new regulations, to identify affordable treatment technologies for small public water systems serving populations of 3,300 to 10,000, populations of 500 to 3,300, and populations of 25 to 500. Subtitle B: State Primary Enforcement Responsibility for Public Water Systems - Modifies the Act to grant a State primary enforcement responsibility for systems during any period for which the Administrator determines that such State, not later than two years after NPDW regulations are promulgated, has adopted drinking water regulations which are no less stringent than the NPDW regulations, with two-year extensions permitted under specified circumstances. Specifies that a State with primary enforcement authority with respect to each existing NPDW regulation shall be considered to have primary enforcement authority over each new or revised NPDW regulation during a specified period. Subtitle C: Notification and Enforcement - Modifies the Act to require each system owner or operator to give notice to its customers of the concentration level of any unregulated contaminant for which the Administrator has required public notice. Authorizes States to establish alternative notification requirements. Requires each community water system to issue an annual "consumer confidence report" to its customers. (Sec. 132) Revises enforcement provisions of the Act to require the Administrator to notify an appropriate local elected official prior to taking action to force a system to comply with Act requirements or commencing a civil suit. Requires notice and opportunity for a public hearing in cases where civil penalties are sought. Sets forth provisions regarding: (1) system owner or operator submission of a plan for consolidation, or transfer of ownership, of the system (which, if approved, limits enforcement actions); (2) State authority for administrative penalties; and (3) judicial review. Subtitle D: Exemptions and Variances - Specifies that for systems serving fewer than 3,300 persons, the maximum exemption period from any requirement regarding an MCL, any treatment technique requirement, or both, shall be four years if the State is exercising primary enforcement responsibility and determines that: (1) the system cannot meet the MCL or install Best Available Affordable Technology (BAAT) due to compelling economic circumstances and could not comply with the MCL through the use of alternate water supplies; (2) granting the exemption will provide a drinking water supply that protects public health given the duration of the exemption; and (3) the State has examined the system's technical, financial, and managerial capabilities to operate in, and maintain, compliance with the Act, has determined if management or restructuring changes that will result in compliance or improve the quality of the drinking water can reasonably be made, and, if so, requires such changes and a schedule therefor as a condition of the exemption. Sets forth similar conditions under which a State having primary enforcement responsibility shall grant a system serving 3,300 persons or fewer a variance allowing the use of BAAT where: (1) no best technology or other means is listed under the Act for the applicable category of systems; and (2) the Administrator has identified BAAT for that contaminant pursuant to certain procedures. Subtitle E: Lead Plumbing and Pipes - Modifies the Act to expand lead ban provisions to prohibit: (1) the use of any pipe, pipe or plumbing fitting or fixture, solder, or flux, in the installation or repair of any system or any plumbing in a facility providing water for human consumption that is not lead free; (2) the sale (or other introduction into commerce), two years after enactment, of pipes and pipe or plumbing fittings or fixtures that are not lead free, except for pipes that are used in manufacturing or industrial processing; and (3) persons in the business of selling plumbing supplies, except manufacturers, from selling solder or flux that is not lead free (and requires any person selling solder or flux to label the product to indicate that it is illegal to use such solder or flux in the installation or repair of any plumbing providing water for human consumption). Provides that if voluntary standards for lead leaching from new plumbing fittings and fixtures are not established within one year, the Administrator, within two years, must issue regulations setting a performance standard establishing maximum leaching levels for fixtures intended to dispense water for human consumption (and, alternatively, if regulations are required but not issued within five years, bans the use of such plumbing or fixtures that contain more than four percent lead). Subtitle F: Capacity Development - Requires each State to obtain the legal authority or other means to ensure that all new community water systems and new nontransient, noncommunity water systems commencing operation after October 1, 1999, demonstrate technical, managerial, and financial capacity with respect to each NPDW regulation in effect, or likely to be in effect, on the date of commencement of operations. Requires each State to: (1) prepare, periodically update, and submit to the Administrator a list of such systems that have a history of significant noncompliance and the reasons for noncompliance; and (2) develop and implement a strategy to assist systems in acquiring and maintaining technical, managerial, and financial capacity. Establishes reporting requirements. Directs the Administrator to support the States in developing capacity development strategies. Title II: Amendments to Part C - Requires the Administrator to: (1) publish guidance for States exercising primary enforcement responsibility for systems to carry out a source water assessment program within the State's boundaries; and (2) conduct a project to demonstrate the most effective and protective means of assessing and protecting source waters serving large metropolitan areas and located on Federal lands. Requires the State to make the results available to the public. Sets guidelines for approval and disapproval of State programs. (Sec. 202) Requires each Federal department or agency that owns or operates any facility in a wellhead protection area, that is engaged in any activity at such facility resulting in the contamination of water supplies, or that owns or operates any system to comply with all Federal, State, interstate, and local requirements respecting the protection of such areas and systems. Waives U.S. immunity regarding any such requirement. Authorizes: (1) the Administrator to issue an order assessing a penalty against a Federal agency found to have violated such a requirement; and (2) any interested person to obtain review of a penalty order so issued. Sets forth provisions regarding: (1) limits on State use of funds collected from the Federal Government; and (2) citizen enforcement. Title III: General Provisions Regarding Safe Drinking Water Act - Directs: (1) the Administrator to promulgate regulations specifying minimum standards for certification (and recertification) of the operators of community and nontransient noncommunity systems; and (2) any State exercising primary enforcement responsibility for systems to adopt and implement such requirements within two years, with an exception where the State has an operator certification program in effect on the date of enactment of this Act. (Sec. 302) Authorizes the Administrator to provide technical assistance to small systems to enable them to achieve and maintain compliance with applicable NPDW regulations, which may include preliminary engineering evaluations. Authorizes appropriations. Bars the use of any portion of a State revolving fund (SRF) for lobbying expenses. Directs that three percent of the total amount appropriated be used for technical assistance to systems owned or operated by Indian tribes. (Sec. 303) Authorizes appropriations for the public water system supervision (PWSS) program. Permits the Administrator to: (1) use a State's PWSS funds if the Administrator assumes primary enforcement responsibility for a State program; and (2) reserve a portion of SRFs from such a State if the PWSS grant appropriation is insufficient to fully administer a program in such State. (Sec. 304) Revises monitoring and information gathering requirements of the Act, including: (1) granting the Administrator authority to obtain information on a case-by-case basis to determine whether a person subject to an NPDW regulation has acted or is acting in compliance with such requirements; and (2) requiring every person subject to an NPDW regulation to provide such information as the Administrator may reasonably require to assist in establishing regulations. Directs the Administrator to: (1) review the monitoring requirements for not fewer than 12 contaminants identified by the Administrator and promulgate any necessary modifications; and (2) promulgate regulations establishing criteria for a monitoring program for unregulated contaminants. Grants States exercising primary enforcement responsibility for systems specified interim and permanent monitoring relief authority. Requires the Administrator to review new analytical methods to screen for regulated contaminants. Authorizes the Administrator to approve such methods as are more accurate or cost-effective than established methods for use in compliance monitoring. (Sec. 305) Directs the Administrator to assemble and maintain a national drinking water occurrence data base, using information on the occurrence of both regulated and unregulated contaminants in systems and reliable information from public and private sources. (Sec. 306) Specifies that pending State, as well as Federal, court actions to require compliance with the Act may serve as a bar to civil law suits. (Sec. 307) Modifies the Act regarding whistle blower protection, including: (1) extending the time frame for an employee to file a discrimination complaint; (2) permitting the Secretary to determine that a violation has occurred only if the complainant has demonstrated that the involvement in an enforcement action was a contributing factor in the unfavorable personnel action; and (3) prohibiting relief from being ordered if the employer demonstrates that it would have taken the same personnel action in the absence of such behavior. (Sec. 308) Creates a State Revolving Fund program to provide financial assistance to facilitate compliance with NPDW standards and for projects to further the health protection objectives of the Act. Directs the Administrator to enter into agreements to make capitalization grants to eligible States, contingent upon their establishment of a drinking water treatment revolving loan fund. Sets forth provisions regarding the allocation of funds to States, permissible uses of funds, intended use plans, fund management, assistance for disadvantaged communities, State contributions, administration, a needs survey, allocations for Indian tribes and other areas, and set-asides. Authorizes appropriations. Requires the Administrator to reserve $10 million for health effects studies on drinking water contaminants, giving priority to studies of cryptosporidium, disinfection byproducts, arsenic, and of subpopulations at greater risk of adverse effects. (Sec. 309) Directs the Administrator to publish guidelines for water conservation plans for systems serving fewer than 3,300 persons, serving between 3,300 and 10,000 persons, and serving more than 10,000 persons. Authorizes a State to require a system seeking a loan or grant from an SRF to submit a water conservation plan consistent with such guidelines. Title IV: Miscellaneous - Modifies the definition of: (1) "primary drinking water regulation" to authorize the Administrator, at any time after promulgating a regulation, to issue guidance allowing the use of other equally effective methods to comply with the monitoring requirements of the regulation; and (2) "public water system" to mean a system for the provision to the public of water for human consumption through pipes or other constructed conveyances, subject to specified requirements. (Sec. 402) Authorizes appropriations to carry out the Act. (Sec. 403) Authorizes the Administrator to provide financial assistance to New York State for demonstration projects implemented as part of the New York City watershed protection program. Authorizes appropriations. (Sec. 404) Directs the Administrator to develop and implement a program to identify and regulate substances that may have effects on humans similar to those produced by naturally occurring estrogen or other endocrine effects. Provides authority for the testing of other substances which may be found in sources of drinking water, including where the Administrator determines that a substantial population may be exposed to the substance. Directs the Administrator to order registrants, manufacturers, or importers to conduct tests under the program and submit their results. Provides for suspension of the sale or distribution of a substance by a registrant who fails to comply with a test order concerning that substance. Makes any other person subject to a test order who fails to comply liable for penalties and sanctions as provided in the Toxic Substances Control Act. Sets forth reporting requirements. (Sec. 405) Requires the Administrator to report every two years to the Congress on the implementation of this Act for States and Indian tribes where the Administrator has revoked primary enforcement responsibility. (Sec. 406) Specifies that water supplies from a system regulated under this Act shall not be used in connection with operation of geothermal heat pumps. (Sec. 407) Increases the penalty for violating an emergency order issued under Act provisions involving imminent and substantial endangerment to health. (Sec. 408) Requires the CDCP Director and the Administrator to jointly establish: (1) pilot waterborne disease occurrence studies for at least five major U.S. communities or systems, including a report on the findings and a national estimate of such occurrence; and (2) a national health care provider training and public education campaign. (Sec. 409) Directs the Administrator to conduct a continuing program of studies to identify groups within the general population that are at greater risk than the general population of adverse health effects from exposure to contaminants in drinking water. Authorizes appropriations. (Sec. 410) Modifies the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services to: (1) establish standard of quality regulations for bottled water for each contaminant for which an NPDW regulation is issued by the Administrator, unless the Secretary determines that such regulation is not necessary because the contaminant is contained in water in systems but not in water used for bottled drinking water; (2) either promulgate a standard of quality regulation for such contaminants or make a determination that such regulation is unnecessary; and (3) establish a level for the contaminant in bottled water which is no less stringent than the MCL provided in the NPDW regulations for the same contaminant or requirements which are no less protective of public health than those applicable to water provided by systems using the treatment technique required by the NPDW regulation. Specifies that if the Secretary does not promulgate standard of quality regulations within specified time frames, the NPDW regulation for such contaminant shall be considered as the regulation applicable to bottled water.
United States · United States Congress · 23 May 1996
Calls for recognition of the historical significance of the Battle of Crete, the Cretan Resistance Movement, and the heroism and sacrifice of the people of Crete during World War II. Requests the President to issue a proclamation calling on Americans to observe the memory of those who fell in the Battle and to honor the survivors. Commends the PanCretan Association of America.
United States · United States Congress · 22 May 1996
Authorizes the Court of Veterans Appeals to provide funds (where possible, through a nonprofit organization) for financial assistance to legal assistance entities to assist financially needy veterans in connection with proceedings before such Court. Permits legal assistance activities in connection with such proceedings to include: (1) financial assistance to defray the expenses of legal advice or representation (other than payment of attorney's fees); (2) case screening and referral services; (3) education and training of attorneys and other legal personnel who may appear before the Court; and (4) encouragement and facilitation of pro bono representation by attorneys, clinical law programs of law schools, and veterans' service organizations. Sets forth provisions regarding: (1) contributions by legal assistance entities receiving financial assistance; (2) a prohibition against such entities requiring or requesting the payment of a charge or fee in connection with the program; and (3) administrative and reporting requirements. Provides funding.
United States · United States Congress · 22 May 1996
TABLE OF CONTENTS: Division A: Reforming Non-Medical Welfare Programs Title I: Block Grants for Temporary Assistance for Needy Families Title II: Supplemental Security Income Subtitle A: Eligibility Restrictions Subtitle B: Benefits for Disabled Children Subtitle C: State Supplementation Programs Subtitle D: Studies Regarding Supplemental Security Income Program Subtitle E: National Commission on the Future of Disability Subtitle F: Retirement Age Eligibility Title III: Child Support Subtitle A: Eligibility for Services; Distribution of Payments Subtitle B: Locate and Case Tracking Subtitle C: Streamlining and Uniformity of Procedures Subtitle D: Paternity Establishment Subtitle E: Program Administration and Funding Subtitle F: Establishment and Modification of Support Orders Subtitle G: Enforcement of Support Orders Subtitle H: Medical Support Subtitle I: Enhancing Responsibility and Opportunity for Non-Residential Parents Subtitle J: Effective Dates and Conforming Amendments Title IV: Restricting Welfare and Public Benefits for Aliens Subtitle A: Eligibility for Federal Benefits Subtitle B: Eligibility for State and Local Public Benefits Programs Subtitle C: Attribution of Income and Affidavits of Support Subtitle D: General Provisions Subtitle E: Conforming Amendments Subtitle F: Earned Income Credit Denied to Unauthorized Employees Title V: Reductions in Federal Government Positions Title VI: Reform of Public Housing Title VII: Child Protection Block Grant Programs and Foster Care, Adoption Assistance, and Independent Living Programs Subtitle A: Child Protection Block Grant Program and Foster Care, Adoption Assistance, and Independent Living Programs Subtitle B: Child and Family Services Block Grant Title VIII: Child Care Title IX: Child Nutrition Programs Subtitle A: National School Lunch Act Subtitle B: Child Nutrition Act of 1966 Title X: Food Stamps and Commodity Distribution Subtitle A: Food Stamp Program Subtitle B: Commodity Distribution Programs Title XI: Miscellaneous Division B: Restructuring Medicaid Personal Responsibility and Work Opportunity Act of 1996 - Division A: Reforming Non-Medical Welfare Programs - Title I: Block Grants for Temporary Assistance for Needy Families - Expresses the sense of the Congress that prevention of out-of-wedlock pregnancy and reduction in out-of-wedlock births are important Government interests. (Sec. 103) Replaces the current Aid to Families with Dependent Children (AFDC) program under part A of title IV of the Social Security Act (SSA) with a single program of block grants to the States for operating statewide temporary assistance (TEA) programs with certain mandatory work, education, and job preparation requirements for needy families either already with or expecting a child, which are designed to assist such families in becoming self-sufficient. Limits such families generally to no more than five years of TEA cash assistance, with certain exceptions for minor children, battered family members, and hardship situations. Denies TEA assistance in cases where an individual family member is a fugitive felon or a probation or parole violator and in certain other specified situations as well. Requires, in addition, certain adult-supervised living arrangements for unmarried teenage parents. Provides for the exchange of TEA program information with law enforcement agencies under certain conditions. Establishes penalties for States and individual families for specified grant and program violations, respectively, through reduced grants and assistance payments, allowing States to terminate such payments to certain adult family members without small children needing child care who refuse to: (1) engage in work, educational, or job preparation activities (required program activities); or (2) cooperate with the State in establishing paternity or obtaining child support, unless the member qualifies for a good cause exception. Provides for a separate reduction in State family assistance grant payments for States failing to comply with Federal requirements under SSA title IV part D (Child Support and Establishment of Paternity) pertaining to paternity establishment and child support enforcement. Sets forth the mechanism for State appeal of Federal adverse decisions with respect to State plans or imposition of penalties, providing for advance notification of any program violation and the opportunity for a State to correct it before any such penalty is imposed. Limits the amount of any penalty reduction in the State's quarterly family assistance grant payment. Expresses the sense of the Congress that State TEA programs should: (1) assign the highest priority to requiring adults in two-parent families and in single-parent families with older preschool or school-age children to be engaged in required program activities; and (2) require noncustodial, nonsupporting parents under age 18 to fulfill community work obligations and attend appropriate parenting or money management classes after school. Specifies State TEA plan contents, including provisions for numeric goals for reducing illegitimacy in the State over a specified ten year period beginning in 1996, and certain certifications by the State that it will operate child support enforcement and protection programs, in order for it to be eligible (according to certain other criteria as well) to receive Federal grants for its TEA programs (family assistance grants). Allows the States to decide in their TEA plans: (1) whether or not they intend on providing TEA assistance to aliens; and (2) how to treat families moving interstate. Provides for: (1) the allowable uses of quarterly family assistance grants, family planning services and assistance to low income households in meeting home heating and cooling costs; (2) additional grants to States as rewards for reductions in illegitimate births and for high performance under the TEA program, as well as supplemental grants to certain States for population increases; and (3) a Contingency Fund for State Welfare Programs (Contingency Fund) in the Treasury for payments to certain eligible States. Makes appropriations for such grants and the Contingency Fund. Sets up a Federal loan program for State TEA programs for anti-fraud and other specified activities, making necessary appropriations. Outlines specific program data collection and reporting requirements, as well as certain research, evaluation, and study requirements. Provides for direct funding, by way of three-year tribal family assistance grants, to Indian tribes (with a special rule for Indian tribes in Alaska) with approved tribal family assistance plans. Directs the Bureau of the Census to expand the Survey of Income and Program Participation to obtain information that will enable interested persons to evaluate the impact of the changes made by this title on a random national sample of recipients of assistance under State programs. Provides for the treatment of existing State AFDC waivers in effect on the date of enactment of this Act and those granted subsequently. Retains the Assistant Secretary of Health and Human Services (HHS) for Family Supports as the official responsible for administering SSA title IV part A and D programs. (Sec. 104) Allows States to contract with charitable, religious, and private organizations to provide services and administer programs established or modified under titles I, II, and VI of this Act. Prohibits the expenditure of financial assistance provided under such programs for sectarian worship, instruction, or proselytization. (Sec. 105) Directs the Secretary of Commerce to expand census data collection efforts to enable the Bureau of the Census to collect statistically significant data on grandparent caregivers. (Sec. 106) Requires an HHS report to the Congress on State automated data processing systems used in administering SSA title IV part A programs to determine what would be required to establish a system for tracking public program participants and checking case records to determine if such participants are participating in public programs of two or more States. (Sec. 107) Details requirements for a similar report, and study, on alternative outcomes measures for evaluating the success of the States in moving individuals off welfare through employment. (Sec. 108) Makes conforming amendments to SSA, the Food Stamp Act of 1977, and related provisions of other specified Federal laws. (Sec. 111) Directs the Commissioner of Social Security (Commissioner) to: (1) develop a prototype counterfeit-resistant social security card; and (2) study and issue a report to the Congress with regard to improving the social security card application process. (Sec. 112) Requires any organization accepting Federal funds under this Act to disclose that fact in any communication it makes that in any way intends to promote public support or opposition to any Federal, State, or local government policy through any broadcasting station, periodical, or other specified type of general public advertising. Makes any organization failing to make such a disclosure ineligible to receive Federal funds under this Act. (Sec. 113) Amends the Family Support Act of 1988 to remove the "demonstration" status of the Job Opportunities for Certain Low-Income Individuals (JOLI) program and give it an increased annual authorization for any fiscal year. Title II: Supplemental Security Income - Subtitle A: Eligibility Restrictions - Amends SSA title XVI to deny SSI for ten years to individuals found to have fraudulently misrepresented residence in order to obtain benefits simultaneously in two or more States. Denies SSI for fugitive felons and probation and parole violators. Provides for exchange of SSI information with law enforcement agencies under certain conditions. (Sec. 203) Revises the treatment afforded prisoners with regard to SSI and OASDI (Old Age, Survivors and Disability Insurance) benefits under SSA title II to: (1) deny SSI benefits for ten years to a person found to have fraudulently obtained SSI benefits while in prison; (2) eliminate the OASDI requirement that confinement stem from a crime punishable by imprisonment for more than one year; and (3) authorize the Commissioner to contract with any interested State or local institutions used to confine prisoners for monthly reports back of certain identifying information in order to enforce SSI and OASDI benefit limitations, and pay such institution a specified fee with regard to each SSI- or OASDI-eligible inmate identified who becomes ineligible for such benefit as a result of such reporting. Requires the Commissioner to study and report to the Congress on other specified potential improvements in the collection of information respecting public inmates. (Sec. 204) Makes certain changes respecting the effective date of applications for SSI benefits. Subtitle B: Benefits for Disabled Children - Revises the rules with respect to childhood eligibility, with corresponding changes to childhood SSI regulations modifying the medical criteria for evaluation of mental and emotional disorders, and discontinuing the use of individualized functional assessments for children. Modifies medical improvement review standards, specifically dividing their applicability to, and creating separate criteria for, individuals aged 18 or older, and individuals under age 18, respectively. (Sec. 211) Provides that once an eligible child meets the definition of disability, the amount of the individual's cash benefit will be based on whether or not the child meets criteria for needing personal assistance enabling the child to stay at home with his or her family. (Sec. 212) Provides that at least once every three years the Commissioner shall review the continued SSI eligibility of each individual who has not attained age 18 and is eligible for such benefits by reason of an impairment (or combination of impairments) which is likely to improve (or, at the Commissioner's option, is unlikely to improve). Requires a representative payee of a recipient whose case is so reviewed to present, at the time of review, evidence demonstrating that the recipient is, and has been, receiving treatment, to the extent considered medically necessary and available, for the condition which was the basis for providing benefits under the SSI program. Provides that if the representative payee refuses to comply without good cause with such requirement, the Commissioner shall, if in the individual's best interest, promptly terminate payment of benefits to the representative payee, and provide for payment of benefits to an alternative representative payee of the individual or, if the interest of the individual would be served thereby, to the individual. Provides that if an individual is eligible for SSI benefits by reason of disability for the month preceding the month in which the individual attains age 18, the Commissioner shall redetermine such eligibility: (1) during the one-year period beginning on the individual's 18th birthday; and (2) by applying the criteria used in determining the initial eligibility for applicants who have attained age 18. Specifies requirements governing continuing disability reviews for low-birth-weight babies. (Sec. 213) Revises provisions regarding the disposal of resources for less than fair market value by certain individuals and appropriate notification of Medicaid. Provides for the treatment of assets held in trust by individuals who have not attained age 18 and any earnings resulting from such trust. Requires representative payees of eligible individuals below age 18 to establish financial institution accounts on their behalf into which SSI payments shall be paid. Allows representative payees to use funds in the account to pay for certain allowable expenses. Directs the Commissioner to establish a system for accountability monitoring whereby a representative payee shall report on activities respecting funds in the account. (Sec. 214) Reduces cash SSI payments to institutionalized children whose medical costs are covered by private insurance. (Sec. 215) Provides for installment payment of large amounts of past-due SSI benefits, and the recovery of SSI overpayments from social security benefits. Subtitle C: State Supplementation Programs - Repeals maintenance of effort requirements applicable to optional State programs for supplementation of SSI benefits. Subtitle D: Studies Regarding Supplemental Security Income Program - Requires the Commissioner to prepare an annual report for the President and the Congress on the SSI program, and make appropriate arrangements for a study of the disability determination process under SSA titles II and XVI for any needed changes. (Sec. 233) Outlines the requirements for a study and report by the General Accounting Office on the impact of this title on the SSI program and on the extra expenses incurred by families of children receiving benefits under such program that are not covered by other Federal, State, or local programs. Subtitle E: National Commission on the Future of Disability - Establishes the National Commission on the Future of Disability to develop and carry out a comprehensive study of all matters related to the nature, purpose, and adequacy of all Federal programs serving individuals with disabilities in order to develop appropriate recommendations for any needed legislation or administrative action. Authorizes appropriations. Subtitle F: Retirement Age Eligibility - Provides that, for purposes of determining an aged individual under SSI, the age used shall be the retirement age used under the OASDI program. Title III: Child Support - Subtitle A: Eligibility for Services; Distribution of Payments - Amends part D (Child Support and Establishment of Paternity) of SSA title IV to require State plans for child and spousal support to provide: (1) certain services relating to paternity establishment or enforcement of child support obligations; and (2) continuation of services for families ceasing to receive assistance under Aid to Families with Dependent Children. (Sec. 302) Revises payment distribution guidelines for support obligations collected by the State on behalf of a family. (Sec. 303) Requires State plans to establish procedural guidelines for: (1) privacy safeguards regarding paternity and child support actions; and (2) notification to services applicants or recipients of all proceedings and orders affecting child support obligations. Subtitle B: Locate and Case Tracking - Mandates that single statewide automated data systems include a State case registry containing records of: (1) each case in which services are provided by the State agency; and (2) each support order established on or after a specified date. Permits the linking of local registries. (Sec. 312) Requires State plans to include a centralized, automated unit for the collection and disbursement of support payments. Permits the unit to be established by linking local disbursement units through an automated information network if the Secretary agrees that it will not cost more or take more time to establish or operate than a centralized system. (Sec. 313) Requires State plans to: (1) provide for a State-operated and automated State Directory of New Hires containing prescribed information furnished by employers on new personnel; and (2) transmit such information to the National Directory of New Hires. (Sec. 314) Requires States to have statutorily prescribed procedures: (1) for mandatory income withholding for support payments subject to enforcement; and (2) under which wages of a person with a support obligation imposed by a child support order issued before October 1, 1996, shall become subject to withholding if arrearages occur, without the need for a judicial or administrative hearing. Revises the procedural guidelines for income withholding for child support enforcement. (Sec. 315) Requires States to have statutorily prescribed procedures to ensure that Federal and State agencies conducting income-withholding activities have access to State locator systems for motor vehicle or law enforcement purposes. (Sec. 316) Revises the Federal Parent Locator Service to provide for additional information which may be transmitted to locate individuals and assets for purposes of: (1) establishing parentage; (2) establishing, setting the amount of, modifying, or enforcing child support obligations; and (3) enforcing child custody or visitation orders. Directs the HHS Secretary to establish in the Federal Parent Locator Service an automated Federal Case Registry of Child Support Orders and an automated National Directory of New Hires. Requires the Secretaries of Labor and HHS to jointly develop cost-effective methods of accessing information in the various State directories of new hires and the National Directory of New Hires (established under this Act), taking into account impact and cost to the States, and the need to ensure authorized use of wage record information. (Sec. 317) Requires States to have statutorily prescribed procedures requiring recordation on such documents of the social security number of: (1) specified driver's, marriage, and occupational, and professional license applicants; (2) individuals subject to certain domestic relations orders; and (3) deceased persons (on death records). Subtitle C: Streamlining and Uniformity of Procedures - Requires each State to have the Uniform Interstate Family Support Act in effect as of January 1, 1998. Amends the Federal judicial code to revise the procedures for the court to apply when determining which State order to recognize for purposes of continuing, exclusive jurisdiction and enforcement for child support orders. (Sec. 323) Requires the States to have statutorily prescribed procedures requiring: (1) expedited administrative enforcement in interstate cases and support orders; and (2) expedited administrative and judicial procedures for establishing paternity and enforcing support obligations. Subtitle D: Paternity Establishment - Revises the guidelines for State laws governing paternity establishment. Requires State procedures under which the name of the father shall be included on the birth certificate only: (1) if the mother and father have signed a voluntary acknowledgment of paternity; or (2) pursuant to a judicial or administrative order. (Sec. 333) Requires State plans for child and spousal support to provide that the State agency administering the plan will make a determination as to whether a program recipient is cooperating in good faith with State efforts to establish paternity and secure support. Subtitle E: Program Administration and Funding - Directs the Secretary to develop a new incentive system to replace the current one. Revises the guidelines for Federal performance-based incentive payments to the States for effective child support enforcement programs. (Sec. 342) Requires a State plan for child and spousal support to include prescribed procedures for State reviews and audits. Revises the guidelines for Federal evaluation and audit of State programs governing paternity, child and spousal support, and parent location. (Sec 344) Revises the automated data processing requirements for State plans to mandate a single statewide automated data processing and information retrieval system which can perform specified tasks. (Sec. 345) Makes funds available to the Secretary for: (1) training of Federal and State staff, research and demonstration programs, and special projects of regional and national significance; and (2) operation of the Federal Parent Locator Service. Subtitle F: Establishment and Modification of Support Orders - Revises the requirements for State plan procedures for the review and adjustment of support orders. (Sec. 352) Amends the Fair Credit Reporting Act to authorize a consumer agency to furnish a consumer report: (1) in response to a request by a governmental child support enforcement agency; or (2) to the State administrative agency which sets child support awards. (Sec. 353) Shields a depository institution from Federal or State liability for disclosing any financial record of an individual to a State child support enforcement agency. Prohibits such agency from disclosing such a financial record except for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing a child support obligation. Sets forth civil penalties for any person knowingly or negligently violating such prohibition. Subtitle G: Enforcement of Support Orders - Amends Internal Revenue Code procedural guidelines for the collection of arrearages to provide that no additional fee may be assessed for adjustments to a previously certified amount. (Sec. 362) Amends part D (Child Support and Establishment of Paternity) of SSA title IV to revise procedural guidelines for: (1) consent by the United States to income withholding, garnishment, and similar proceedings for enforcement of child support and alimony obligations of current and retired Federal employees; and (2) enforcement of child support obligations of members of the Armed Forces. (Sec. 364) Requires a State plan for child and spousal support to have in effect the Uniform Fraudulent Conveyance Act of 1981, the Uniform Fraudulent Transfer Act of 1984, or a similar law, as well as certain procedures governing the voiding of fraudulent transfers by a child support debtor. (Sec. 365) Requires a State plan for child and spousal support to include specified procedures: (1) to ensure that persons owing past-due support work or participate in work activities the court deems appropriate; (2) to report to credit bureaus the name of the parent in arrears for child support; (3) to provide for liens against real and personal property for the support arrearages of a non-custodial parent; and (4) to implement the restriction of driver's, professional, occupational, and recreational licenses of individuals owing support arrearages. (Sec. 370) Requires the Secretary of State to deny, revoke, or limit a passport upon certification of nonpayment of child support. (Sec. 371) Authorizes the Secretary of State to negotiate reciprocal agreements with foreign nations: (1) regarding international enforcement of child support obligations; and (2) designating the Department of Health and Human Services as the central authority for such enforcement. (Sec. 372) Requires States to have statutorily prescribed procedures under which a State agency shall enter agreements with financial institutions doing business within the State to develop and operate a data match system to provide identifying information for each non-custodial parent targeted by the State who maintains an account at the institution, and to encumber or surrender such parent's assets at the institution pursuant to a lien or levy. (Sec. 373) Requires States to have statutorily prescribed procedures under which child support orders relating to the child of minor parents, where the custodial parents are receiving assistance, are enforceable against the child's paternal or maternal grandparents. (Sec. 374) Amends Federal bankruptcy law and the Social Security Act to declare a debt for child support nondischargeable in bankruptcy. Subtitle H: Medical Support - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to include within the definition of medical child support order an order issued through a State administrative process. (Sec. 377) Amends part D of SSA title IV to mandate statutorily prescribed procedures under which all enforced child support orders shall include a provision for the health care coverage of the child. Subtitle I: Enhancing Responsibility and Opportunity for Non- Residential Parents - Amends part D of SSA title IV to prescribe guidelines under which the Administration for Children and Families shall make grants to enable States to establish and administer access and visitation programs to facilitate non-custodial parents' access to their children. Subtitle J: Effective Dates and Conforming Amendments - Sets forth effective dates and conforming amendments. Title IV: Restricting Welfare and Public Benefits for Aliens - Subtitle A: Eligibility for Federal Benefits - Prohibits (with exceptions) specified Federal benefits to nonqualified aliens. Limits (with exceptions) qualified alien access to other specified Federal programs. Requires the Secretary of Housing and Urban Development to provide the Immigration and Naturalization Service with information on illegal aliens. Subtitle B: Eligibility for State and Local Public Benefits Programs - Sets forth similar prohibitions and limitations on alien access to State and local public benefits. Subtitle C: Attribution of Income and Affidavits of Support - Attributes a sponsor's (and spouse) income and resources to the alien sponsoree in determining eligibility for Federal means-tested public benefits. (Sec. 422) Authorizes States to make similar attributions. (Sec. 423) Amends the Immigration and Nationality Act to set forth sponsor affidavit of support requirements. (Sec. 424) Amends the Higher Education Act of 1965 to require sponsor cosignature of alien student loans. Subtitle D: General Provisions - Directs the Attorney General to promulgate regulations for verification of Federal public benefits eligibility. (Sec. 435) Makes the determination of an alien's qualifying quarters under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act dependant upon whether or not a parent or spouse received Federal means-tested assistance during such quarters. Subtitle E: Conforming Amendments Related to Assisted Housing - Makes conforming amendments to the Housing and Community Development Act of 1980. Subtitle F: Earned Income Credit Denied to Unauthorized Employees - Amends the Internal Revenue Code to require a taxpayer to provide his or her social security number in order to qualify for the individual earned income credit. Title V: Reductions In Federal Government Positions - Outlines the mechanism for various specified Federal executive agency workforce reductions, requiring submission to specified congressional committees of certain determinations about the number of full-time equivalent (FTE) positions of their respective departments by the Secretaries of Agriculture, of Education, of Labor, of Housing and Urban Development, and of HHS. Requires the Secretaries to make FTE reductions, including reductions-in-force, resulting from such determinations over the ensuing 14 months. Requires the Comptroller General to analyze and report to such committees on such determinations, with recommendations for further FTE reductions, if appropriate. (Sec. 502) Requires the HHS Secretary to reduce the Federal workforce within HHS: (1) by 75 percent of the FTE positions relating to any direct spending program, or any program funded through discretionary spending, that has been converted into a block grant program by this Act; and (2) 75 percent of a proportionate number of the total FTE departmental management positions. Requires reduction of FTE positions in HHS by: (1) 245 FTE positions related to the program converted by this Act into TEA block grants; and (2) 60 FTE managerial positions. (Sec. 503) Encourages the HHS Secretary to reduce personnel in the Washington, D.C., area office (agency headquarters) before reducing field personnel. Title VI: Reform of Public Housing - Amends the United States Housing Act of 1937 to prohibit (with an exception) increased housing assistance under such Act due to reduced family income resulting from noncompliance reductions in welfare or other public assistance benefits. (Sec. 602) Prohibits an increase in federally appropriated means-tested welfare or public assistance due to reduced income resulting from fraud-caused reductions under another means-tested welfare or public assistance program. Title VII: Child Protection Block Grant Programs and Foster Care, Adoption Assistance and Independent Living Programs - Subtitle A: Child Protection Block Grant Program and Foster Care, Adoption Assistance, and Independent Living Programs - Replaces title IV-B (Child Welfare Services) with a block grant program to the States to implement: (1) child protection programs regarding child abuse and neglect; and (2) child protection. (Sec. 701) Prescribes guidelines under which the Secretary of Health and Human Services (the Secretary) shall: (1) establish a national data collection and analysis program to coordinate existing State child abuse and neglect reports; and (2) implement a data collection system regarding adoption and foster care. Appropriates funds for child welfare studies and for assessment of State courts improvement of foster care and adoption proceedings. (Sec. 711) Makes conforming amendments to title IV-E (Foster Care and Adoption Assistance). Delineates requirements for State eligibility for Federal payments for foster care maintenance and adoption assistance. Sets forth guidelines for payments and allotments to the States for adoption assistance, foster care, and independent living programs (designed to assist children who have attained age 16 to make the transition from foster care to independent living). (Sec. 731) Instructs the Secretary to submit a legislative proposal to certain congressional committees providing for technical and conforming amendments in the law, pursuant to this Act. (Sec. 732) Expresses the sense of the Congress that States should: (1) allocate sufficient funds for adoption and medical assistance to encourage child adoption; (2) offer incentives to make adoption of special needs children more affordable for middle-class families; (3) provide a child that must be removed from its biological parents with a single foster care placement and single coordinated case team, including conclusion of adoption within one year of such child's foster care placement; and (4) participate in programs to enable maximum visibility of waiting children to potential parents. Subtitle B: Child and Family Services Block Grant - Renames the Child Abuse Prevention and Treatment Act as the Child and Family Services Block Grant Act of 1996. Changes the purposes of the Act to emphasize assistance to each State in improving child protective service systems. Delineates criteria governing State eligibility for Federal block grants for: (1) child and family services; and (2) research, demonstrations, training, and technical assistance. (Sec. 751) Abolishes the current Federal program, including the Advisory Board on Child Abuse and Neglect, the Inter-Agency Task Force on Child Abuse and Neglect, the National Center on Child Abuse and Neglect, community-based family resource programs, temporary child care for children with disabilities, crisis nursery demonstration programs, certain preventive services for children of homeless families or families at risk of homelessness, and requirements for criminal background checks for child care providers. Instructs the Secretary to: (1) establish a national child abuse and neglect data collection and analysis program (in addition to the current national clearinghouse for information relating to child abuse); (2) provide technical and training assistance to the States for child abuse and neglect programs and for adoption opportunities. Mandates peer review for such grants. Instructs the Secretary to conduct a national random sample study of children at risk of child abuse or neglect. Authorizes appropriations for FY 1996 through 2002, including grants for demonstration projects. Authorizes the Secretary to make grants to States to assist them in developing programs related to the investigation and prosecution of child abuse and neglect cases. Requires any State requesting such assistance to establish a multidisciplinary task force on children's justice to study administrative, civil, and criminal judicial handling of such cases, and make recommendations which the State must adopt (or equivalent alternatives). Title VIII: Child Care - Child Care and Development Block Grant Amendments of 1996 - Revises and extends through FY 2002 the authorization of appropriations for the Child Care and Development Block Grant Act of 1990 (the Act, for purposes of this title). Sets forth goals for State child care assistance. (Sec. 803) Amends part A (AFDC) of title IV of the Social Security Act to entitle each State to payments for providing child care assistance. (Sec. 804) Authorizes the State lead agency to administer the financial assistance it receives through other governmental or nongovernmental agencies. (Sec. 805) Revises State application and plan requirements with respect to consumer education information, State licensing compliance, meeting the needs of AFDC or TEA recipients (especially those attempting through work activities to leave the assistance program) and those at risk of becoming dependent on assistance, and assistance for certain low-income working families. (Sec. 807) Reduces from 20 percent to three percent the minimum amount of certain funds available for State activities to improve the quality of child care, limited to: (1) comprehensive consumer education to parents and the public; (2) activities increasing parental choice; and (3) activities designed to improve child care quality and availability. (Sec. 808) Repeals a requirement that States expend a specified minimum amount of reserved funds for early childhood development and before- and after-school services. (Sec. 813) Reduces the allotment reserved for Indian tribes or tribal organizations from three percent to one percent. Prescribes guidelines for the use of such allotment for facility repair and construction. (Sec. 815) Repeals: (1) the Child Development Associate Scholarship Assistance Act of 1985; (2) the State Dependent Care Development Grants Act; (3) specified programs under title X (Programs of National Significance) of the Elementary and Secondary Education Act of 1965 and (4) the Native Hawaiian Family-based Education Centers program under the Native Hawaiian Education Act. Title IX: Child Nutrition Programs - Subtitle A: National School Lunch Act - Amends the National School Lunch Act (NSLA) to repeal specified authorities and requirements for the school lunch and related programs, including: (1) State educational authority to use resources from the nutrition and education (NET) program; (2) prohibition of State imposition of teaching personnel and curriculum requirements at any school; (3) certain demonstration grants to private nonprofit organizations or educational institutions for elementary school curriculum food and nutrition projects; (4) aspects of summer food service programs, reducing payment rates and daily meals at camps, reducing the National Youth Sports Program, and revising nutritional standards compliance requirements; (5) certain commodity distribution program requirements, including State Advisory Councils; (6) expansion of the child care food program; (7) adult care food aid to adult day care centers and services for persons over 60; (8) certain pilot projects, including one for paperwork reduction; and (9) an information clearinghouse. (Sec. 901) Includes in the definition of child any individual with one or more mental or physical disabilities, regardless of age, who attends a specified type of institution, or any nonresidential public or nonprofit private school of high school grade or under, in order to participate in a school program for such individuals. (Sec. 902) Revises nutritional requirements. (Sec. 905) Prohibits, in general, any waiver that will increase Federal costs. Subtitle B: Child Nutrition Act of 1966 - Amends the Child Nutrition Act of 1966 (CNA) to revise the school breakfast program: (1) eliminating Federal assistance for food preparation training and program expansion and start-up costs; (2) repealing certain authorities and requirements relating to State administrative expenses (SAE); (3) repealing the prohibition against State imposition of teaching personnel and curriculum requirements at any school; (4) repealing the program of cash grants for nutrition education. Revises the special supplemental nutrition program for women, infants, and children (WIC), among other things repealing specified requirements and changing from mandatory to optional: (1) drug abuse education; and (2) provision of WIC information in languages other than English. (Sec. 931) Makes revisions to the nutrition education and training program. Authorizes appropriations. Title X: Food Stamps and Commodity Distribution - Food Stamp Reform and Commodity Distribution Act of 1996 - Subtitle A: Food Stamp Program - Amends the Food Stamp Act of 1977 (Act) to establish a maximum 24-month food stamp program (program) authorization period for households whose adult members are elderly or disabled. (Sec. 1012) Expands the definition of "coupon." (Sec. 1013) Treats children who are themselves parents living with their children and married children living with their spouses as part of an existing household rather than as a separate household. (Sec. 1014) Authorizes States to establish additional criteria for separate household determinations. (Sec. 1015) Revises thrifty food plan adjustment requirements. (Sec. 1016) Revises the definition of "homeless individual" to limit the length of time a person may temporarily live in another person's residence. (Sec. 1018) Revises household income exclusion provisions regarding: (1) students; and (2) Federal energy assistance. (Sec. 1020) Revises household income deduction provisions regarding: (1) standard deductions; (2) earned income; (3) dependent care; (4) child support payments; (5) homeless shelter assistance; (6) excess medical expenses; and (7) excess shelter expenses. (Sec. 1021) Eliminates specified excludable auto value increases and establishes the maximum excludable auto value at $4600. (Sec. 1022) Includes as household income third party payments for transitional housing for the homeless. (Sec. 1023) Increases penalties for certain program violations. (Sec. 1024) Disqualifies permanently an individual convicted of specified coupon violations. (Sec. 1025) Revises work requirement and employment and training provisions. Extends employment and training funding authorizations. (Sec. 1028) Authorizes comparable program disqualification based upon welfare or public assistance disqualification. (Sec. 1029) Disqualifies permanently an individual who participates in the program in two or more States. (Sec. 1030) Disqualifies a fleeing felon from program participation. (Sec. 1031) Requires at State option: (1) cooperation with child support agencies in order to maintain program eligibility; and (2) program disqualification for child support arrears. (Sec. 1033) Defines "work program." Makes nonexempt persons ineligible for program benefits if during the preceding 12-month period they received food stamps for four months or more without working at least 20 hours per week, or participating in a workfare program. Sets forth exempted persons and situations. (Sec. 1034) Directs States to implement electronic benefit transfer systems. (Sec. 1035) Eliminates annual minimum allotment adjustments. (Sec. 1037) Authorizes a combined allotment for expedited households. (Sec. 1038) Authorizes program reductions for failure to comply with a public assistance reduction requirement. (Sec. 1039) Authorizes program assistance for households residing in a homeless shelter or drug or alcohol treatment center. (Sec. 1040) Provides that no food store or wholesale food concern be approved for program participation without a prior visit by a Department of Agriculture employee, or whenever possible, a designated State or local official. (Sec. 1041) Directs the Secretary of Agriculture (Secretary) to establish authorization periods for retail food stores and wholesale food concerns to redeem food stamps or benefits through an electronic benefit transfer system. (Sec. 1042) Includes income and sales tax information among the types of eligibility verification information that may be requested. (Sec. 1043) Establishes a six-month reapplication waiting period for a store that does not meet participation requirements. (Sec. 1044) Revises: (1) food stamp office operating provisions; and (2) expedited coupon service requirements. (Sec. 1045) Eliminates certain certification personnel training requirements. (Sec. 1046) Provides for the exchange of information with law enforcement or Immigration and Naturalization Service personnel. (Sec. 1048) Authorizes a family to withdraw a fair hearing request. (Sec. 1049) Permits States to use income, and immigration eligibility verification systems other than the system used in part A (General Provisions) of title XI (General Provisions and Peer Review) of the Social Security Act. (Sec. 1050) Provides for disqualification of a store: (1) that knowingly submits a falsified application; and (2) that is disqualified from the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). (Sec. 1052) Directs program overissuances to be collected by: (1) allotment reduction; (2) unemployment compensation withholding; or (3) Federal pay or Federal income tax refund recovery. (Sec. 1053) Authorizes suspension of a store pending administrative and judicial review. (States that the Secretary shall not be liable for lost sales during such period.) (Sec. 1054) Establishes criminal forfeiture penalties for specified program violations. (Sec. 1055) Terminates Federal matching requirements for program recruitment activities. (Sec. 1057) Authorizes States to use funds otherwise available to a participating household for a work supplementation or support program. Sets forth program provisions. (Sec. 1058) Authorizes waiver of program requirements as necessary to conduct related pilot projects. Authorizes appropriations. (Sec. 1061) Authorizes States to carry out private sector employment initiatives. Sets forth program provisions. (Sec. 1062) Authorizes appropriations for program operations. (Sec. 1063) Authorizes States to carry out a Simplified Food Stamp Program in lieu of existing program requirements. Sets forth program provisions. (Sec. 1064) Establishes an optional State food assistance block grant program in lieu of the food stamp program. Sets forth program provisions. Subtitle B: Commodity Distribution Programs - Amends the Emergency Food Assistance Act of 1983 to combine the emergency food assistance program with the soup kitchen-food bank program. Amends the Act to direct the Secretary to purchase commodities for such combined programs. (Sec. 1072) Amends the Charitable Assistance and Food Bank Act of 1987 to repeal the food bank demonstration project. (Sec. 1073) Makes conforming amendments to the Hunger Prevention Act of 1988. Title XI: Miscellaneous - Requires any funds received by a State under the TEA program, the optional State food assistance block grant program under the Food Stamp Act of 1977, or the child care block grant program under the Child Care and Development Block Grant Act of 1990, to be expended only in accordance with the laws and procedures applicable to expenditures of the State's own revenues, including appropriation by the State legislature, consistent with the terms and conditions required under such provisions of law. (Sec. 1102) Amends the United States Housing Act of 1937 to eliminate housing assistance with respect to fugitive felons and probation and parole violators, and provide for the exchange of certain housing information with law enforcement agencies upon request for specified official purposes. (Sec. 1103) Expresses the sense of the Senate that the Congress should adopt enterprise zone legislation in the 104th Congress, and that such legislation provide various specified incentives and provisions, such as Federal tax incentives that expand access to capital, increase the formation and expansion of small businesses, and promote commercial revitalization. (Sec. 1104) Expresses the sense of the Senate that: (1) States should diligently continue their efforts to enforce child support payments by the non-custodial parent to the custodial parent, regardless of the employment status or location of the non-custodial parent; and (2) States are encouraged to pursue pilot programs in which the parents of a non-adult, non-custodial parent who refuses to or is unable to pay child support must pay or contribute to the child support owed by the non-custodial parent or otherwise fulfill all financial obligations and meet all conditions imposed on the non-custodial parent, such as participation in a work program or other related activity. (Sec. 1105) Amends the Food Stamp Act of 1977 to modify the eligibility disqualifications for aliens to give State agencies the option of considering either all income and financial resources of the individual rendered ineligible to participate in the food stamp program, or such income, less a pro rata share, and the financial resources of the ineligible individual, to determine the eligibility and the value of the allotment of the household of which such individual is a member. (Sec. 1106) Directs the Secretary of Health and Human Services (HHS) to establish and implement a certain strategy for: (1) preventing out-of-wedlock teenage pregnancies; and (2) assuring that at least 25 percent of the communities in the United States have teenage pregnancy prevention programs in place. (Sec. 1107) Expresses the sense of the Senate that States and local jurisdictions should aggressively enforce statutory rape laws. (Sec. 1108) Provides that States shall not be prohibited by the Federal Government from sanctioning welfare recipients who test positive for the use of controlled substances. (Sec. 1109) Amends SSA title V (Maternal and Child Health Services) to provide for an increase in funding under such title and authorize the provision of abstinence education, along with a separate funding set-aside for it. (Sec. 1110) Amends the Electronic Fund Transfer Act to make certain amendments in order to encourage electronic benefit transfer systems for the distribution of needs-tested benefits by a government agency. (Sec. 1111) Amends SSA title XX (Block Grants to States for Social Services) to provide for a reduction in block grants to States for social services. Division B: Restructuring Medicaid - Medicaid Restructuring Act of 1996 - Amends SSA to add a new title XV (Program of Medical Assistance for Low-Income Individuals and Families), the stated purpose of which is to provide funds to States to enable them to provide medical assistance to low-income individuals and families in a more effective, efficient, and responsive manner. (Sec. 2003) Outlines program components, including key provisions for: (1) certain guaranteed benefits for select individuals, including certain poor pregnant women, disabled and poor elderly individuals, and children receiving foster care or adoption assistance; (2) guaranteed coverage of Medicare premiums and cost-sharing for certain Medicare beneficiaries; (3) only nominal cost-sharing for children and pregnant women with regard to primary and preventive care services; (4) prevention of spousal and family impoverishment with regard to long-term care; (5) State flexibility in benefits, provider payments, geographical coverage area, and selection of providers; (6) coverage of abortions only for pregnancies resulting from rape or incest or when a woman suffers from a physical disorder, illness, or injury that would, as certified by a physician, place the woman in danger of death unless an abortion is performed; (7) denial of payment under the State Medicaid plan for any item or service furnished for euthanasia purposes; (8) limitation on payments for Medicaid services to nonlawful aliens, generally allowing treatment only in emergency situations; (9) periodic, independent evaluations and audits under the program; (10) a separate fraud prevention program, as well as, under certain conditions, State fraud control units; (11) an information reporting system with regard to actions taken by State licensing authorities against health care practitioners and providers; (12) quality assurance requirements for nursing facilities, as well as requirements relating to residents' rights; and (13) an optional master drug rebate agreement program for covered outpatient drugs of a manufacturer. (Sec. 2004) Terminates the current Medicaid program as of October 1, 1997. Sets a limitation on Medicaid payments in FY 1997. (Sec. 2005) Directs the HHS Secretary to waive such requirements of SSA titles XV and XVIII as may be necessary for States to conduct certain demonstration projects to use funds to develop and implement innovative programs for individuals dually eligible for benefits under both titles, including such individuals who are chronically ill.
United States · United States Congress · 15 May 1996
Veterans' Compensation Cost-of-Living Adjustment Act of 1996 - Directs the Secretary of Veterans Affairs to increase, as of December 1, 1996, the rates of veterans' disability compensation, additional compensation for dependents, the clothing allowance for certain disabled adult children, and dependency and indemnity compensation for surviving spouses and children. Requires each such increase to be the same percentage as the increase in benefits provided under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act, on the same effective date. Requires the Secretary to publish such increases in the Federal Register at the same time that the social security increases are required to be published.
United States · United States Congress · 10 May 1996
Congressional Pension Integrity Act of 1996 - Amends Federal law to deny annuity or retirement pay to an individual convicted on or after the enactment of this Act of a felony or a crime under State or Federal law that results from conduct directly related to the performance of the individual's official duties as a Member of Congress: (1) for which the individual is convicted on or after the date such individual first becomes a Member of Congress (including a Delegate to Congress), whether or not such individual is still such a Member on the date of conviction; and (2) which was committed after enactment of this Act. Denies annuity benefits to such an individual who willfully remains outside the United States or its territories and possessions for more than one year with knowledge of his or her indictment or charges. Provides for forfeiture of retirement contributions and deposits made by such individuals, including contributions into the Thrift Savings Plan.
United States · United States Congress · 10 May 1996
Calls for: (1) the Government of Japan to pay reparations and express formal regret to U.S. military and civilian prisoners of war held by the Japanese during World War II; and (2) relevant U.S. departments and agencies to declassify and release to the Department of Veterans Affairs and to the doctors of individuals who were subjected to experimentation by the Japanese all requested U.S. and Japanese records and documents relating to medical or bacteriological experimentation on such prisoners.
United States · United States Congress · 7 May 1996
Defense of Marriage Act - Amends the Federal judicial code to provide that no State, territory, or possession of the United States or Indian tribe shall be required to give effect to any marriage between persons of the same sex under the laws of any other such jurisdiction or to any right or claim arising from such relationship. Establishes a Federal definition of: (1) "marriage" as only a legal union between one man and one woman as husband and wife; and (2) "spouse" as only a person of the opposite sex who is a husband or wife.
United States · United States Congress · 7 May 1996
National Manufactured Housing Construction and Safety Standards Act of 1996 - Amends the Housing and Community Development Act of 1974 to direct the Secretary of Housing and Urban Development to establish a consensus committee for maintenance and revision of Federal manufactured home construction and safety standards. Repeals: (1) provisions establishing the National Manufactured Home Advisory Council; and (2) certain reporting requirements. Includes expenses incurred in connection with and related to such committee within existing inspection fee authority.
United States · United States Congress · 1 May 1996
TABLE OF CONTENTS: Title I: Insurance Reform Title II: Other Matters Veterans' Benefits Amendments of 1996 - Title I: Insurance Reform - Amends the Servicemen's Group Life Insurance (SGLI) Program to exclude from coverage under such Program members assigned or transferred to the Retired Reserve. Provides that, upon termination of active-duty service, a person's coverage under SGLI: (1) shall be automatically converted to Veterans' Group Life Insurance (VGLI), subject to the payment of premiums and other applicable terms and conditions; or (2) shall, at the election of the member, be converted to an individual insurance policy with a participating private insurer selected by the member. Outlines VGLI coverage limits in the case of any person insured under VGLI who becomes insured under SGLI but dies before terminating or converting the VGLI coverage. Terminates VGLI coverage on the effective date of an individual insurance policy with a private insurer. Directs the Secretary of the military department concerned to provide military personnel with general information concerning life insurance whenever they have the opportunity to elect not to be insured under SGLI or to be insured in an amount less than the maximum $200,000 coverage. Redesignates the Servicemen's Life Insurance Program as the Servicemembers' Life Insurance Program. Requires the SGLI coverage of any member of the Retired Reserve to be converted to VGLI coverage within 90 days after enactment of this Act. Title II: Other Matters - Defines a minor child, for purposes of eligibility for burial in national cemeteries, as one under 21 years of age or under 23 years of age if pursuing a program of education in an educational institution. Requires the offices of Education Procedures Systems, Education Operations, and Education Policy and Program Administration of the Education Service of the Veterans Benefits Administration to be located in the District of Columbia.
United States · United States Congress · 1 May 1996
TABLE OF CONTENTS: Title I: Construction Authorization Title II: Strategic Planning for Health Care Resources Title III: Other Matters Title I: Construction Authorization - Authorizes the Secretary of Veterans Affairs to: (1) carry out eight specified ambulatory care addition major medical facility projects; (2) carry out ten specified environmental improvement major medical facility projects; (3) carry out three specified seismic correction major medical facility projects; and (4) enter into six leases for specified medical facilities. (Sec. 103) Authorizes appropriations to the Secretary for FY 1997 for the Construction, Major Projects, account and for the Medical Care account. (Sec. 104) Directs the Secretary to report to the Senate and House Veterans' Affairs Committees on the health care needs of veterans in east central Florida. Prohibits the obligation of funds (other than for design work) for the conversion of the former Orlando Naval Training Center Hospital in Orlando, Florida, to a nursing home care unit until 15 days after such report is submitted. Title II: Strategic Planning for Health Care Resources - Replaces an annual reporting requirement regarding operational and construction plans for VA medical facilities with a requirement that the Secretary report annually to the veterans' committees: (1) regarding long-range health planning of the Department of Veterans Affairs (VA), including a five-year strategic plan for the provision of medical care to eligible veterans through coordinated networks of medical facilities; and (2) showing the current VA priorities (listing the top 20) for proposed major medical construction projects. (Sec. 202) Specifies additional information required to be included in a prospectus submitted by the Secretary to the veterans' committees in connection with proposed medical facilities, including data on demographics, projected workload and utilization, operating costs, funding priority, and alternatives to facility construction. (Sec. 203) Revises the definition of "major medical facility project" for purposes of provisions governing medical facility acquisition to mean a project involving a total expenditure of more than $5 million (currently, $3 million). Repeals a provision of the Veterans' Medical Programs Amendments of 1992 which makes inapplicable to projects for which funds were appropriated prior to the enactment of such Act a prohibition on the appropriation, obligation, or expenditure of funds for any major medical facility project unless funds for such project have been specifically authorized by law. Prohibits the Secretary from obligating funds in excess of $500,000 from the VA's Advance Planning Fund toward design or development of a major medical facility project until the Secretary reports to the veterans' committees. (Sec. 205) Repeals provisions setting forth required clinical services of the Veterans Health Administration (VHA). Requires the VHA to include the Office of the Under Secretary for Health and necessary professional and auxiliary services. Requires the Under Secretary to ensure that the Office is staffed to provide expertise in the treatment and rehabilitation of disabled veterans and in appropriate clinical care disciplines. Repeals the requirements that: (1) the Associate Deputy Under Secretary for Health be a qualified doctor of medicine; (2) such Office include Directors of Nursing Service, Pharmacy Service, Dietetic Service, Podiatric Service, and Optometric Service; and (3) one Assistant Under Secretary for Health be a qualified doctor of dental surgery or dental medicine and another be a qualified physician trained in geriatrics. Title III: Other Matters - Designates: (1) the VA medical center in Jackson, Mississippi, as the G.V. Sonny Montgomery Department of Veterans Affairs Medical Center; (2) the Mountain Home Department of Veterans Affairs medical center in Johnson City, Tennessee, as the James H. Quillen Department of Veterans Affairs Medical Center; and (3) the VA nursing care center at the VA medical center in Aspinwall, Pennsylvania, as the H. John Heinz, III Department of Veterans Affairs Nursing Care Center. (Sec. 304) Restores and extends through December 31, 2000, the Secretary's authority to establish at any VA medical center a nonprofit corporation to provide for conducting approved research.
United States · United States Congress · 25 April 1996
Directs the Secretary of Veterans Affairs to submit to the Congress and to implement (unless disapproved) a plan for the allocation of Department of Veterans Affairs health care resources among its health care facilities so as to ensure similar access for eligible veterans having similar economic status, eligibility priority, or medical conditions, regardless of their U.S. region of residence. Requires that the plan: (1) reflect the Veterans Integrated Service Network and the Resource Planning and Management System developed to account for expected workload and to ensure fairness to facilities that provide cost-efficient health care; and (2) include procedures to identify reasons for variations in operating costs among similar facilities and ways to improve the allocation of resources among facilities so as to promote efficient use of resources and provision of quality health care.
United States · United States Congress · 25 April 1996
Designates the Mountain Home Department of Veterans Affairs medical center in Johnson City, Tennessee, as the James H. Quillen Department of Veterans Affairs Medical Center.
United States · United States Congress · 18 April 1996
Congratulates Polish people around the world, including Americans of Polish descent, on the 205th anniversary of the adoption of the first Polish constitution.
United States · United States Congress · 16 April 1996
Veterans Programs Amendments of 1996 - Adds bronchiolo-alveolar carcinoma to the list of diseases that will be considered service-connected (and therefore compensable) when occurring in a radiation-exposed veteran. (Sec. 3) Considers any veteran age 65 or older and a patient in a nursing home as totally and permanently disabled for purposes of eligibility for veterans' disability compensation. (Sec. 4) Authorizes the Secretary of Veterans Affairs to conduct a pilot program under which veterans' medical disability evaluation examinations may be made under contract by persons other than employees of the Department of Veterans Affairs. Requires the Secretary to report to the Congress on the program's effect on the timeliness and thoroughness of such examinations. (Sec. 5) Increases from $5,500 to $6,000 the authorized automobile allowance provided to a disabled veteran when used to purchase an automobile containing adaptive equipment. (Sec. 6) Provides the effective dates for: (1) the discontinuance of veterans' disability compensation, dependency and indemnity compensation, or pension benefits due to the remarriage of the beneficiary or the death of the payee; and (2) the award of DIC for which application is received within one year from the date of death of a veteran. (Sec. 7) Increases from one to two years after the death of a primary beneficiary the authorized period for the payment of certain accrued veterans' benefits. (Sec. 8) Reduces on a prorated basis the annual clothing allowance payable to certain disabled veterans who are incarcerated for a period in excess of 60 days and furnished clothing without charge by the penal institution. (Sec. 9) Authorizes the American Battle Monuments Commission to enter into arrangements for the repair and long-term maintenance of war memorials for which the Commission assumes responsibility. Establishes in the Treasury a fund for such repair and maintenance expenses.
United States · United States Congress · 29 March 1996
Medical Device Reform Act of 1996 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to set forth the Food and Drug Administration (FDA) mission. (Sec. 3) Allows device approval applicants to declare a review impasse and mandates use of a dispute resolution process. (Sec. 4) Revises requirements regarding: (1) investigational devise exemptions; (2) premarket approval requirements (mandating a device review priority); (3) humanitarian device exceptions; (4) safety and effectiveness performance standards (allowing consensus standards recognition); (5) effectiveness determinations (as used in classifying devices); (6) premarket notification; (7) classification panels; and (8) premarket approval application review (allowing review by accredited persons). (Sec. 12) Mandates procedures for accrediting parties that review premarket approval applications and conduct good manufacturing practice inspections. (Sec. 13) Mandates reclassification of certain devices. (Sec. 14) Modifies requirements regarding: (1) device tracking; (2) postmarket surveillance; and (3) good manufacturing practice regulations (including foreign harmonization) and inspections (including adding references to accredited entities and post-inspection procedural requirements). (Sec. 18) Regulates the effect of the dissemination of medical texts, peer-reviewed scientific publications, displays at trade shows, and other material. (Sec. 19) Removes distributors from record keeping and reporting requirements. Declares that the failure of a device to perform as labeled or in an acceptable manner does not constitute a malfunction when caused by improper servicing. Repeals user reporting requirements. (Sec. 20) Prohibits subjecting a person to penalties if the person acted in good faith and had no reason to believe the acts violated the law. (Sec. 21) Allows using monetary penalties for violation correction. Entitles violators to reasonable discovery. (Sec. 22) Mandates an information system to track the status of each submission requesting FDA action. (Sec. 23) Prohibits actions by the Secretary of Health and Human Services under the FDCA from requiring the preparation of an environmental impact statement or assessment. (Sec. 24) Prohibits the Secretary from relying on any statements not promulgated in accordance with rulemaking requirements to require any action under the FDCA. (Sec. 25) Mandates training programs for FDA employees regarding FDCA regulations and policies. Allows the FDA to conduct or contract for scientific research only if directly related to FDCA implementation. (Sec. 26) Regulates communications to non-FDA persons regarding certain matters before completion of related investigations.
United States · United States Congress · 29 March 1996
Drug and Biological Products Reform Act of 1996 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to set forth the mission of the Food and Drug Administration (FDA) and mandate an annual report to specified congressional committees. (Sec. 3) Modifies new drug requirements regarding: (1) clinical investigation commencement; (2) application contents and review; (3) effectiveness determinations; (4) the use of scientific advisory panels; and (5) marketing approval application review by accredited persons. (Sec. 8) Provides for the accreditation of persons to: (1) review applications for new drugs or for certification of insulin-containing drugs; and (2) conduct good manufacturing practice (GMP) inspections. (Sec. 9) Allows applicants to declare an impasse in a review or a submission for an investigational use exemption and mandates use of a dispute resolution process. (Sec. 10) Adds references to accredited persons to provisions relating to GMP inspections. Imposes post-inspection requirements. Deems certain chemistry, manufacturing, and controls to comply with current GMP and prohibits actions to delay or prevent the manufacture or marketing of a drug for failure to conform to GMP, subject to exception. (Sec. 12) Allows a new drug manufactured in a small facility to be used to show safety and effectiveness. (Sec. 13) Regulates changes in the manufacture of a new drug, biological product, new animal drug, blood, or blood component. (Sec. 14) Repeals provisions relating to the certification of drugs containing insulin or antibiotics. (Sec. 15) Requires that applications or petitions requesting conversion from prescription to nonprescription status and all matters relating to nonprescription drugs be reviewed by a single office in the Center for Drug Evaluation and Research. Allows a single scientific advisory panel to provide recommendations. (Sec. 16) Mandates an applicant-accessible information system to track applications and submissions to the FDA. (Sec. 17) Prohibits actions by the Secretary of Health and Human Services from requiring an environmental impact statement or environmental assessment. (Sec. 18) Regulates drugs compounded by a licensed pharmacist on the order of a licensed physician. (Sec. 19) Directs the Secretary to meet with foreign countries to discuss harmonization of regulatory requirements. (Sec. 20) Controls the effect of the dissemination of medical texts, peer-reviewed scientific publications, and other material. (Sec. 21) Prohibits the Secretary from relying on statements not promulgated in accordance with rulemaking requirements to require any action under the FDCA. (Sec. 22) Mandates training for FDA employees on regulations and policies under the FDCA. (Sec. 23) Regulates: (1) the delegation of authority under the FDCA; (2) judicial review of decisions regarding investigational new drugs and new drugs; and (3) communication to non-FDA persons regarding certain matters before completion of an investigation. (Sec. 26) Defines "biological product" and "human tissue." Declares that blood, a blood component, an organ, milk, or human tissue is not a drug. Prohibits subjecting computer software developed or modified by, or used in, a human tissue establishment to any premarket clearance requirement. Requires such software to be validated to demonstrate that it achieves its intended purpose before use and subjects it to the GMP requirements of the FDCA. Requires licenses to introduce biological products, blood, and blood components into interstate commerce. Regulates licensing. Allows regulation of human tissue only if the Secretary demonstrates that voluntary regulation is inadequate to protect the public health. Provides for such regulation.
United States · United States Congress · 29 March 1996
TABLE OF CONTENTS: Title I: Food Amendments Title II: Animal Drugs Food Amendments and the Animal Drug Availability Act of 1996 - Title I: Food Amendments - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to state the mission of the Food and Drug Administration. (Sec. 102) Modifies requirements regarding label claims of a relationship between a nutritional ingredient and a health-related condition. (Sec. 104) Prohibits construing FDCA provisions relating to misbranding or food additives to require a separate disclosure of a method of production or an ingredient other than in the statement of ingredients, unless necessary to protect the public health. (Sec. 105) Allows certain labeling and additive (including color additive) petitions to be submitted to an accredited person and deems the person's recommendation to be a decision of the Secretary of Health and Human Services unless the Secretary makes certain findings. Provides for accreditation. (Sec. 107) Allows an additive in feed for food-producing animals, and allows approval of a new animal drug, if the additive or drug presents a small risk (currently, if the additive will not adversely affect the animals and if no residue will be found in food from the animal). (Sec. 108) Prohibits States and subdivisions from having any requirement for a human food, a drug or biological product, or a cosmetic of the type authorized or required under the adulteration, misbranding, or new drug provisions of the FDCA, subject to exception and waiver. (Sec. 109) Directs the Secretary to regularly meet with other countries regarding reducing regulation and seeking reciprocal arrangements. (Sec. 110) Prohibits the Secretary from relying on statements that have not been promulgated in accordance with Federal rulemaking requirements to require any action to be taken to satisfy an FDCA requirement. (Sec. 111) Amends the FDCA and the Federal Trade Commission Act to remove or repeal provisions regulating the sale, public eating place serving, and advertising of colored oleomargarine or colored margarine. Repeals related definitions. Title II: Animal Drugs - Amends the FDCA to revise the definition (for new animal drug provisions) of "substantial evidence." Modifies requirements regarding approval of supplemental applications. Exempts use in a minor species and the minor use of a drug from provisions prohibiting approval if there is a lack of substantial evidence that the drug will have its purported effect. Revises requirements regarding combination drugs. (Sec. 202) Reduces the period for approval of new animal drug applications. (Sec. 203) Empowers applicants to declare that a review impasse exists. Sets forth a dispute resolution process. (Sec. 204) Revises requirements regarding drug residues and tolerances. (Sec. 205) Regulates animal feed drugs that are limited by approved applications to use under the supervision of a licensed veterinarian (veterinary feed directive drugs) (VFDDs). Deems animal feed with a new animal drug unsafe unless its labeling, distribution, holding, and use (currently, its labeling and use) conform to specified FDCA requirements. Allows withdrawal of approval for certain VFDD recordkeeping violations. Adds to the prohibited acts list the refusal to permit record access as required by VFDD provisions and the failure to maintain records or make reports as required by VFDD provisions.
United States · United States Congress · 26 March 1996
TABLE OF CONTENTS: Title I: Improved Availability and Portability of Health Insurance Coverage Subtitle A: Coverage Under Group Health Plans Subtitle B: Certain Requirements for Insurers and HMOs in the Group and Individual Markets Subtitle C: Affordable and Available Health Coverage Through Multiple Employer Pooling Arrangements Subtitle D: Definitions; General Provisions Title II: Preventing Health Care Fraud and Abuse; Administrative Simplifications; Medical Liability Reform Subtitle A: Fraud and Abuse Control Program Subtitle B: Revisions to Current Sanctions for Fraud and Abuse Subtitle C: Data Collection Subtitle D: Civil Monetary Penalties Subtitle E: Revisions to Criminal Subtitle F: Administrative Simplification Subtitle G: Duplication and Coordination of Medicare-Related Plans Subtitle H: Medical Liability Reform Title III: Tax-Related Health Provisions Subtitle A: Medical Savings Accounts Subtitle B: Increase in Deduction for Health Insurance Costs of Self-Employed Individuals Subtitle C: Long-Term Care Services and Contracts Subtitle D: Treatment of Accelerated Death Benefits Subtitle E: High-Risk Pools Subtitle F: Organizations Subject to Section 833 Title IV: Revenue Offsets Subtitle A: Repeal of Bad Debt Reserve Method for Thrift Savings Associations Subtitle B: Reform of the Earned Income Credit Subtitle C: Treatment of Individuals Who Lose United States Citizenship Health Coverage Availability and Affordability Act of 1996 - Title I: Improved Availability and Portability of Health Insurance Coverage - Subtitle A: Coverage Under Group Health Plans - Requires a group health plan and an insurer or health maintenance organization (HMO) offering health insurance in connection with a group health plan to: (1) reduce any preexisting condition period by the aggregate period of prior coverage; and (2) limit any preexisting condition period to not more than 12 months. Prohibits: (1) preexisting condition periods for newborns and regarding certain adoptions; and (2) treating pregnancy as a preexisting condition. Allows an HMO that does not use preexisting condition limitations to: (1) impose an eligibility period; and (2) use alternative methods to address adverse selection as approved by a State authority. (Sec. 103) Prohibits coverage exclusion and premium or contribution discrimination on the basis of health status. Requires a plan to allow an otherwise-eligible employee to enroll if the employee previously declined enrollment because of other coverage and subsequently lost the other coverage. Prohibits, if a plan offers family coverage, a waiting period for a newborn, certain adopted children, or a spouse. (Sec. 104) Amends the Internal Revenue Code to impose a tax on any failure of a group health plan to meet certain requirements of this Act. Deems sections 101 through 103 of this subtitle and subtitle D as it is applicable to those sections to be provisions of the Employee Retirement Income Security Act of 1974 (ERISA). Provides for civil money penalties for failure to meet a requirement of this subtitle. Subtitle B: Certain Requirements for Insurers and HMOs in the Group and Individual Markets - Part 1: Availability of Group Health Insurance Coverage - Requires each insurer or HMO that offers health insurance coverage in the small group market in a State to accept every applying small employer and every applying eligible individual. Allows minimum participation or contribution rules. (Sec. 132) Requires an insurer or HMO that offers coverage in the small or large group market to renew or continue the coverage at the option of the employer, except for nonpayment of premiums, fraud, and similar reasons. Allows uniform termination or modification of coverage. Part 2: Availability of Individual Health Insurance Coverage - Requires each insurer or HMO that issues individual health insurance to offer coverage to each individual who previously had group coverage. Prohibits declining issuance based on health status. Allows superseding State mechanisms reasonably designed to meet the goals of guaranteeing coverage to qualifying individuals and assuring that the individuals receive credit for prior coverage toward the new coverage's preexisting condition exclusion period. (Sec. 142) Mandates renewal or continuation of individual coverage, except for nonpayment of premiums, fraud, or similar matters. Part 3: Enforcement - Applies the civil money penalty provisions of section 104 of this Act to parts 1 and 2. Subtitle C: Affordable and Available Health Coverage Through Multiple Employer Pooling Arrangements - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to set forth rules regarding multiple employer health plans. Treats a multiple employer welfare arrangement (MEWA) under which the benefits consist solely of medical care, and under which some or all benefits are not fully insured, as an employee welfare benefit plan that is a health plan. Provides for the treatment of such arrangements under preemption rules. Regulates reserves, notice regarding voluntary termination, and corrective actions and mandatory termination. (Sec. 166) Provides for the treatment of church plans. (Sec. 167) Provides for enforcement through civil monetary penalties, injunctions, and criminal penalties, as well as Federal- State cooperation in enforcement. (Sec. 169) Requires each MEWA to register before beginning operations and annually thereafter. (Sec. 170) Provides for a single annual report regarding all employers participating in a MEWA. Subtitle D: Definitions; General Provisions - Excludes church plans from the requirements of this title as they apply to group health plans. Allows governmental plans to elect not to be subject to such requirements. Requires treatment as group health plans of State Medicaid (unless a State elects otherwise) and Medicare plans and Indian Health Service programs for individual coverage certification purposes. Provides for the treatment of partnerships. Title II: Preventing Health Care Fraud and Abuse; Administrative Simplification; Medical Liability Reform - Subtitle A: Fraud and Abuse Control Program - Amends title XI of the Social Security Act (SSA) to direct the Secretary of Health and Human Services (HHS), acting through the HHS Office of Inspector General (IG), and the Attorney General to establish a program to: (1) coordinate Federal, State, and local law enforcement programs to control health care fraud and abuse; (2) conduct investigations, audits, and inspections relating to the delivery of and payment for health care; (3) facilitate enforcement of certain provisions of SSA and other Acts applicable to health care fraud and abuse; (4) provide for the modification and establishment of safe harbors and to issue advisory opinions and special fraud alerts; and (5) provide for the reporting and disclosure of certain final adverse actions against health care providers, suppliers, or practitioners pursuant to the data collection system established by this title. (Sec. 201) Establishes the Health Care Fraud and Abuse Control Account (Account) in Medicare's Federal Hospital Insurance Trust Fund (Trust Fund) to hold the criminal fines and civil monetary penalties and assessments obtained from Federal health care cases, as well as property forfeiture proceeds resulting from such cases, and other specified amounts for financing the program above and the Medicare Integrity Program established by this title. Makes certain appropriations to the Trust Fund and Account, earmarking certain amounts for activities of the Department of Health and Human Services' (HHS) Office of the Inspector General (IG) with respect to the Medicare and Medicaid programs under SSA titles XVIII and XIX. (Sec. 202) Establishes under Medicare the Medicare Integrity Program under which the HHS Secretary shall promote the integrity of the Medicare program by entering into contracts with certain eligible private entities to: (1) review the activities of service providers under Medicare and audit cost reports to determine whether payment should not have been made; (2) educate service providers, beneficiaries, and other persons with respect to payment and benefit issues; and (3) develop and periodically update a list of items of durable medical equipment which are subject to prior authorization. Prohibits fiscal intermediaries under Medicare part A (Hospital Insurance) and carriers under Medicare part B (Supplementary Medical Insurance) from carrying out certain activities to the extent the activity is carried out pursuant to a contract under the Medicare Integrity Program. (Sec. 203) Directs the HHS Secretary to provide an explanation of Medicare benefits with respect to each furnished item or service for which payment may be made to an individual without regard to whether or not a deductible or coinsurance may be imposed. Directs the HHS Secretary to establish a program for encouraging individuals to: (1) report information on fraud and abuse under Medicare; and (2) submit suggestions on methods to improve the efficiency of the Medicare program. Provides for the payment to such individuals of a portion of: (1) any amounts collected due to any reports of fraud or abuse; or (2) any savings resulting from any suggestions that are adopted. (Sec. 204) Amends SSA title XI to require application of criminal penalties for acts involving the Medicare program to similar violations of any plan or program that provides health benefits, whether directly, through insurance, or otherwise, which is funded directly, in whole or in part, by the Federal Government, except the Federal Employees' Health Benefits Program (Federal health care programs). (Sec. 205) Directs the HHS Secretary to periodically publish a notice in the Federal Register soliciting proposals for: (1) modifications to existing safe harbors issued under the Medicare and Medicaid Patient and Program Protection Act of 1987; (2) additional safe harbors specifying payment practices that shall not be treated as a criminal offense or serve as the basis for an exclusion; (3) advisory opinions by the HHS IG with regard to prohibited remuneration constituting grounds for the imposition of a sanction; and (4) special fraud alerts by the HHS IG, upon request, with regard to suspect practices under the Medicare program or a State health care program. Requires the Secretary to issue appropriate implementing regulations. Subtitle B: Revisions to Current Sanctions for Fraud and Abuse - Excludes from participation in Medicare and State health care programs any individual or entity convicted after the enactment of this Act of a felony related to: (1) fraud in connection with the delivery of a health care item or service; or (2) a controlled substance. (Sec. 212) Revises specified current sanctions involving exclusion for fraud and abuse under Medicare and State health care programs, among other changes establishing minimum periods of exclusion for: (1) certain individuals and entities subject to permissive exclusion from Medicare and State health care programs; and (2) practitioners and persons failing to meet certain statutory obligations with regard to services or items. Repeals the prerequisite that a health care practitioner or person be determined "unwilling or unable" to comply substantially with a corrective action plan before sanctions may be imposed (thus permitting the Secretary to exclude such practitioner or person from eligibility to provide services for failure to comply with a corrective action plan, regardless of circumstances). (Sec. 215) Permits the imposition of intermediate sanctions on Medicare health maintenance organizations in addition to the current option of termination. Provides additional intermediate sanctions for miscellaneous program violations. (Sec. 216) Provides an additional exception to anti-kickback penalties for discounting and managed care arrangements. (Sec. 217) Establishes a criminal penalty for fraudulent disposition of assets in order to obtain Medicaid benefits. Subtitle C: Data Collection - Directs the HHS Secretary to establish a national health care fraud and abuse data collection program for the reporting of final adverse actions against health care providers, suppliers, or practitioners. Requires each Government agency and health care plan to report to the Secretary any final adverse action taken against a health care provider, supplier, or practitioner. (Sec. 221) Allows the HHS Secretary, under the system for unique identifiers for Medicare physicians, to impose appropriate fees on such physicians to cover the costs of investigation and recertification activities with respect to the issuance of the identifiers. Subtitle D: Civil Monetary Penalties - Revises civil monetary penalties, providing among other changes for: (1) the exclusion from participation in Federal and State health care programs of persons subject to penalties and assessments for applicable program violations; (2) modifications in the amounts of various specified penalties and assessments, including the sanctions against health care practitioners who violate their statutory obligations with regard to the services or items ordered or provided by them to a covered beneficiary or recipient; (3) a prohibition against offering inducements to individuals enrolled under Medicare or a State health care program; (4) subjecting to civil money penalties certain excluded individuals retaining an ownership or control interest in a participating entity if they knew or should have known of the action constituting the basis for the exclusion of such entity at the time of violation; (5) a specific definition, for such penalty purposes, for remuneration which includes the waiver of coinsurance and deductible amounts and transfers of items or services for free or for other than fair market value; and (6) a penalty for false certification for home health services. Subtitle E: Revisions to Criminal Law - Amends the Federal criminal code to define a Federal health care offense and to cover within the general purview of the code health care fraud, theft or embezzlement in connection with health care, obstruction of criminal investigations of health care offenses, and other specified matters related to health care fraud, such as the laundering of monetary instruments. (Sec. 247) Provides for injunctive relief relating to covered health care offenses, as well as for property forfeitures. Subtitle F: Administrative Simplification - Amends SSA title XI to add a new part C (Administrative Simplification) for development of an electronic system for: (1) processing health care information consistent with the goal of improving the operation of the overall health care system; and (2) reducing related administrative costs through the HHS Secretary's adoption of certain standards for information transactions (including enrollment, disenrollment, claims attachments, and coordination of benefits) and data elements as well as standards relating to security and privacy, and performance of tasks pursuant to specified requirements, assisted by the National Committee on Vital and Health Statistics. (Sec. 252) Provides penalties for violations of provisions of this subtitle, including for the wrongful disclosure of individually identifiable health information. (Sec. 253) Amends the Public Health Service Act to provide for a change in the membership and duties of the National Committee on Vital and Health Statistics, including responsibility for advising the HHS Secretary and the Congress on the implementation of SSA title XI part C added above. Subtitle G: Duplication and Coordination of Medicare-Related Plans - Provides for the treatment of certain health insurance policies as nonduplicative under Medicare or Medicaid, such as policies providing for benefits which are payable to or on behalf of an individual without regard to other health benefit coverage of such individual. Subtitle H: Medical Liability Reform - Outlines various specified measures addressing health care liability issues, including changes establishing: (1) limitations for health care liability actions brought in a State or Federal court against a health care provider; (2) a limitation on the total amount of noneconomic damages which may be awarded to a claimant for losses resulting from an injury; (3) certain restrictions on punitive damage awards; and (4) standards for alternative dispute resolution used to resolve a health care liability action or claim. Title III: Tax-Related Health Provisions - Subtitle A: Medical Savings Accounts - Amends the Internal Revenue Code to allow a deduction for limited amounts paid to a medical savings account (MSA). Defines "medical savings account" as a trust for paying the account holder's medical expenses. Exempts an MSA from taxation unless it has ceased being an MSA. Provides for the treatment of distributions. Allows the MSA deduction to be taken whether or not the individual itemizes deductions. Excludes limited employer MSA contributions from employee gross income. Excludes employer MSA contributions from provisions relating to social security, railroad retirement, unemployment, and withholding taxes. Makes MSA contributions unavailable under cafeteria plans. Excludes MSAs from the value of taxable estates. Imposes a tax on excess MSA contributions. Exempts an MSA holder from prohibited transactions taxes if the MSA ceases to be an MSA. Imposes a penalty on MSA reporting failure. Exempts MSAs from the definition of "specified insurance contract" for provisions relating to capitalization of certain policy acquisition expenses. Subtitle B: Increase in Deduction for Health Insurance Costs of Self-Employed Individuals - Allows self-employed individuals to deduct a portion of their expenditures for medical insurance for the individual, spouse, and dependents. Subtitle C: Long-Term Care Services and Contracts - Part I: General Provisions - Requires treating: (1) a long-term care insurance as accident and health insurance and associated amounts received as received for personal injuries and sickness and as reimbursement for medical care expenses actually incurred; (2) an employer's plan providing long-term care as an accident and health plan; (3) limited amounts paid for such insurance as payments for medical care; and (4) such insurance as guaranteed renewable under specified provisions. Provides for the treatment of: (1) excess aggregate long-term care payments; and (2) long-term care coverage provided in conjunction with life insurance. Excludes long-term care from cafeteria plans. Includes in an employee's gross income employer-provided long-term care overage provided through a flexible spending arrangement. Declares that a group health plan does not fail to meet continuation requirements solely because it fails to provide long-term coverage. (Sec. 322) Amends the definition of "medical care" (for provisions allowing a deduction for medical care expenses) to include qualified long-term care services. (Sec. 323) Imposes reporting requirements on long-term care benefit payors. Part II: Consumer Protection Provisions - Sets forth provisions regarding: (1) the model regulation and model Act promulgated by the National Association of Insurance Commissioners; and (2) certain disclosure and nonforfeitability requirements. (Sec. 326) Imposes a tax the failure to meet requirements regarding: (1) the model regulation and model Act; (2) policy or certificate delivery; and (3) claims denials information. Subtitle D: Treatment of Accelerated Death Benefits - Treats life insurance amounts paid as an amount paid because of death if the insured is terminally or chronically ill and the amount is received under a provision that is treated as long-term care insurance. Treats the amount paid by a viatical settlement provider for a life insurance contract as an amount paid by reason of the death of the insured. (Sec. 332) Treats, for life insurance company provisions, references to life insurance contracts as including references to accelerated death benefit riders (unless a rider is treated as a long-term care contract). Subtitle E: High-Risk Pools - Exempts from taxation a State-established membership organization providing nonprofit medical care coverage to high risk individuals. Subtitle F: Organizations Subject to Section 833 - Allows (for provisions affording a special deduction) an organization that is not a blue cross or blue shield (BCBS) organization to be treated as if it were a BCBS organization if it is not for profit and meets other requirements. Title IV: Revenue Offsets - Subtitle A: Repeal of Bad Debt Reserve Method for Thrift Savings Associations - Declares that bad debt reserve banking provisions shall not apply after a specified date. Provides for the resulting accounting method change. Subtitle B: Reform of the Earned Income Credit - Requires, in order to be eligible for the earned income credit (EIC), that a taxpayer include on the return the taxpayer's (and, if married, the spouse's) social security number (SSN). Adds to the definition of "mathematical or clerical error" references to omission of a SSN required by EIC provisions. Subtitle C: Treatment of Individuals Who Lose United States Citizenship - Requires that individuals who lose U.S. citizenship and who meet specified criteria be treated (for income, estate, and gift tax provisions) as having a principal purpose to avoid taxes. Requires, for these purposes, treating long-term U.S. residents who cease being permanent U.S. residents or begin being the resident of a foreign country as if they were U.S. citizens who lost U.S. citizenship. (Sec. 422) Requires a person who loses U.S. citizenship or ceases to be a long-term U.S. resident to provide a statement with specified contents. (Sec. 423) Mandates a report to specified congressional committees on income tax compliance by citizens and lawful permanent U.S. residents residing outside the United States.
United States · United States Congress · 26 March 1996
Congratulates the people of Taiwan on holding the first democratic presidential election in Chinese history. Declares that the United States is committed to: (1) moving nations toward freedom and democracy; and (2) encouraging and protecting its democratic friends on Taiwan, within the framework of the Taiwan Relations Act.
United States · United States Congress · 21 March 1996
Defend America Act of 1996 - Expresses U.S. policy to deploy by the end of 2003 a National Missile Defense (NMD) system that: (1) is capable of providing a highly effective defense of U.S. territory against limited, unauthorized, or accidental ballistic missile attack; (2) will be augmented over time to provide a layered defense against larger and more sophisticated ballistic missile threats; and (3) does not feature an offensive-only form of deterrence. Directs the Secretary of Defense to develop for deployment an affordable and operationally effective NMD system which shall achieve an initial operational capability by the end of 2003. Outlines system elements, including the use of missile interceptors on the ground, at sea, and in space. Directs the Secretary to take specified actions to implement the NMD system development upon enactment of this Act, including the conduct of an integrated systems test by the end of 1998. Requires the Secretary to report to the Congress the Secretary's plans for the development and deployment of the NMD system. Urges the President to pursue high-level discussions with the Russian Federation to achieve an agreement to amend the Anti-Ballistic Missile (ABM) Treaty to allow deployment of the NMD system. Requires the President to present any such agreement to the Senate for its advice and consent. Requires the President and the Congress, if such an agreement is not achieved within one year after enactment of this Act, to consider exercising the option of withdrawing the United States from the ABM Treaty.
United States · United States Congress · 20 March 1996
Veterans' Health Care Eligibility Reform Act of 1996 - Requires the Secretary of Veterans Affairs to provide hospital care and medical services to, among others, any veteran: (1) with a compensable service-connected disability (currently, for any service-connected disability, regardless of compensation); or (2) who is unable to defray the expenses of necessary medical care and services. Authorizes the Secretary, with respect to veterans not otherwise eligible for such care and services, to furnish hospital care, medical services, and nursing home care which the Secretary determines is needed. (Sec. 3) Repeals the requirement that veterans be eligible to receive hospital care through the Department of Veterans Affairs in order to receive surgical, dental, optometric, and podiatric services, but requires such eligibility before receiving certain prosthetic appliances as well as special clothing necessitated by the wearing of such appliances. (Sec. 4) Directs the Secretary, in managing the provision of hospital care and medical services, to establish and operate a system of annual patient enrollment, with specified priorities relating to the degree of disability of a veteran and related factors. Requires the Secretary to design, establish, and manage Department health care programs so as to promote cost-effective delivery of health care services in the most clinically appropriate setting. Authorizes the Secretary to contract out when Department medical facilities are not capable of economically furnishing such care and services. Requires the Department to maintain its capacity to provide for the specialized treatment and rehabilitative needs of disabled veterans, with at least the same capacity to provide such services as in existence on the date of enactment of this Act. (Sec. 5) Repeals a provision of the Veterans Health Care Act of 1992 which terminates on October 1, 1996, the authority of the Secretary to enter into agreements with the Secretary of Defense for the sharing of medical facilities and resources. Empowers the United States to collect from primary health providers of covered beneficiaries the charges for care or services covered under the primary health-plan contract which are provided through the Department. (Sec. 6) Repeals a statement of congressional purpose with respect to entering into health care resources sharing agreements with medical schools, health-care facilities, and medical research centers. Makes eligible as additional parties to such agreements health-care plans and providers, insurers, and other entities or individuals. Repeals a requirement of reciprocal reimbursement under such agreements. Allows the provision of services under such agreements to non-veterans only if the Secretary determines that such an arrangement will not result in the denial of or delay in the provision of care to any veteran in that facility and either: (1) is necessary to maintain an acceptable level and quality of service to veterans at that facility; or (2) will result in the improvement of services to eligible veterans there. (Sec. 7) Exempts from inclusion under full-time equivalent position limitations in the Department the number of positions held by persons providing health-care resources under resource sharing agreements.
United States · United States Congress · 18 March 1996
TABLE OF CONTENTS: Title I: Improved Availability and Portability of Health Insurance Coverage Subtitle A: Coverage Under Group Health Plans Subtitle B: Definitions; General Provisions Title II: Preventing Health Care Fraud and Abuse; Administrative Simplification Subtitle A: Fraud and Abuse Control Program Subtitle B: Revisions to Current Sanctions for Fraud and Abuse Subtitle C: Data Collection Subtitle D: Civil Monetary Penalties Subtitle E: Revisions to Criminal Law Subtitle F: Administrative Simplification Title III: Tax-Related Health Provisions Subtitle A: Medical Savings Accounts Subtitle B: Increase in Deduction for Health Insurance Costs of Self-Employed Individuals Subtitle C: Long-Term Care Services and Contracts Subtitle D: Treatment of Accelerated Death Benefits Subtitle E: High-Risk Pools Title IV: Revenue Offsets Subtitle A: Repeal of Bad Debt Reserve Method for Thrift Savings Associations Subtitle B: Reform of the Earned Income Credit Health Coverage Availability and Affordability Act of 1996 - Title I: Improved Availability and Portability of Health Insurance Coverage - Subtitle A: Coverage Under Group Health Plans - Requires a group health plan and an insurer or health maintenance organization (HMO) offering health insurance in connection with a group health plan to: (1) reduce any preexisting condition period by the aggregate period of prior coverage; and (2) limit any preexisting condition period to not more than 12 months. Prohibits: (1) preexisting condition periods for newborns and regarding certain adoptions; and (2) treating pregnancy as a preexisting condition. Allows an HMO that does not use preexisting condition limitations to impose an eligibility period. (Sec. 103) Prohibits coverage exclusion on the basis of health status. Requires a plan to allow an otherwise-eligible employee to enroll if the employee previously declined enrollment because of other coverage and subsequently lost the other coverage. Prohibits, if a plan offers family coverage, a waiting period for a newborn, certain adopted children, or a spouse. (Sec. 104) Amends the Internal Revenue Code to impose a tax on any failure of a group health plan to meet certain requirements of this Act. Deems sections 101 through 103 of this Act to be provisions of the Employee Retirement Income Security Act of 1974 (ERISA). Provides for civil money penalties for failure to meet a requirement of this subtitle. Subtitle B: Definitions; General Provisions - Sets forth definitions and general provisions, including: (1) excluding church plans from the requirements of this title; and (2) requiring treatment of State Medicaid (unless a State elects otherwise) and Medicare plans as a group health plan for individual coverage certification purposes. Title II: Preventing Health Care Fraud and Abuse; Administrative Simplification - Subtitle A: Fraud and Abuse Control Program - Amends title XI of the Social Security Act (SSA) to require the Secretary of Health and Human Services (HHS), acting through the Department of HHS Office of Inspector General (IG), and the Attorney General to establish a program to: (1) coordinate Federal, State, and local law enforcement programs to control health care fraud and abuse; (2) conduct investigations, audits, and inspections relating to the delivery of and payment for health care; (3) facilitate enforcement of certain provisions of title XI and other Acts applicable to health care fraud and abuse; (4) provide for the modification and establishment of safe harbors and to issue advisory opinions and special fraud alerts; and (5) provide for the reporting and disclosure of certain final adverse actions against health care providers, suppliers, or practitioners pursuant to the data collection system established below. (Sec. 201) Establishes the Health Care Fraud and Abuse Control Account (Account) in Medicare's Federal Hospital Insurance Trust Fund (Trust Fund) to hold the criminal fines and civil monetary penalties and assessments obtained from Federal health care cases, as well as property forfeiture proceeds resulting from such cases, and other specified amounts for financing the program above and the Medicare Integrity Program established by this title. Makes certain appropriations to the Trust Fund and Account, earmarking certain amounts for activities of the Department of HHS Office of the IG with respect to the Medicare and Medicaid programs under SSA titles XVIII and XIX. (Sec. 202) Establishes the Medicare Integrity Program under which the HHS Secretary shall promote the integrity of the Medicare program by entering into contracts with certain eligible private entities to: (1) review the activities of Medicare service providers and audit cost reports to determine whether payment should not have been made; (2) educate service providers, beneficiaries, and other persons with respect to payment and benefit issues; and (3) develop and periodically update a list of items of durable medical equipment subject to prior authorization. Prohibits fiscal intermediaries under Medicare part A (Hospital Insurance) and carriers under Medicare part B (Supplementary Medical Insurance) from carrying out certain activities under Medicare to the extent the activity is carried out pursuant to a contract under the Medicare Integrity Program. (Sec. 203) Directs the HHS Secretary to provide an explanation of Medicare benefits with respect to each furnished item or service for which payment may be made to an individual without regard to whether or not a deductible or coinsurance may be imposed. Directs the HHS Secretary to establish a program for encouraging individuals to: (1) report information on fraud and abuse under Medicare or other Federal or State health care programs; and (2) submit suggestions on methods to improve the efficiency of the Medicare program. Provides for the payment to such individuals of a portion of: (1) any amounts collected due to any such reports; or (2) any savings resulting from any such suggestions which are adopted. (Sec. 204) Amends SSA title XI to require application of criminal penalties for acts involving the Medicare program to similar violations of any plan or program that provides health benefits, whether directly, through insurance, or otherwise, which is funded directly, in whole or in part, by the Federal Government, except the Federal Employees' Health Benefits Program (Federal care health programs). (Sec. 205) Directs the HHS Secretary to periodically publish a notice in the Federal Register soliciting proposals for: (1) modifications to existing safe harbors issued under the Medicare and Medicaid Patient and Program Protection Act of 1987; (2) additional safe harbors specifying payment practices that shall not be treated as a criminal offense or serve as the basis for an exclusion; (3) advisory opinions by the HHS IG with regard to prohibited remuneration constituting grounds for the imposition of a sanction; and (4) special fraud alerts by the HHS IG, upon request, with regard to suspect practices under the Medicare program or a State health care program. Requires the Secretary to issue appropriate implementing regulations. Subtitle B: Revisions to Current Sanctions for Fraud and Abuse - Excludes from participation in Medicare and State health care programs any individual or entity convicted after the enactment of this Act of a felony related to: (1) fraud in connection with the delivery of a health care item or service; or (2) a controlled substance. (Sec. 212) Revises specified current sanctions involving exclusion for fraud and abuse under Medicare and State health care programs, among other changes establishing minimum periods of exclusion for: (1) certain individuals and entities subject to permissive exclusion from Medicare and State health care programs; and (2) practitioners and persons failing to meet certain statutory obligations with regard to services or items. Repeals the prerequisite that a health care practitioner or person be determined "unwilling or unable" to comply substantially with a corrective action plan before sanctions may be imposed (thus permitting the Secretary to exclude such practitioner or person from eligibility to provide services for failure to comply with a corrective action plan, regardless of circumstances). (Sec. 215) Permits the imposition of intermediate sanctions on Medicare health maintenance organizations in addition to the current option of termination. Provides additional intermediate sanctions for miscellaneous program violations. (Sec. 216) Provides an additional specified exception to anti- kickback penalties for discounting and managed care arrangements. (Sec. 217) Creates a criminal penalty under SSA title XI for fraudulent disposition of assets in order to obtain Medicaid benefits. Subtitle C: Data Collection - Directs the HHS Secretary to establish a national health care fraud and abuse data collection program for reporting final adverse actions against health care providers, suppliers, or practitioners. Requires each Government agency and health plan to report to the Secretary any final adverse action taken against such provider, supplier, or practitioner. (Sec. 221) Allows the HHS Secretary, under the system for unique identifiers for Medicare physicians, to impose appropriate fees on such physicians to cover the costs of investigation and recertification activities with respect to the issuance of the identifiers. Subtitle D: Civil Monetary Penalties - Revises civil monetary penalties, providing among other changes for: (1) the exclusion from participation in Federal and State health care programs of persons subject to penalties and assessments for applicable program violations; (2) modifications in the amounts of various specified penalties and assessments, including the sanctions against health care practitioners who violate their statutory obligations with regard to the services or items ordered or provided by them to a covered beneficiary or recipient; (3) a prohibition against offering inducements to individuals enrolled under Medicare or a State health care program; (4) subjecting to civil money penalties certain excluded individuals retaining an ownership or control interest in a participating entity if they knew or should have known of the action constituting the basis for the exclusion of such entity at the time of violation; (5) a specific definition, for such penalty purposes, for remuneration which includes the waiver of coinsurance and deductible amounts and transfers of items or services for free or for other than fair market value; and (6) a penalty for false certification for home health services. Subtitle E: Revisions to Criminal Law - Amends the Federal criminal code to define a Federal health care offense and cover within its general purview, and provide sanctions for, the commission of health care fraud, theft or embezzlement in connection with health care, obstruction of criminal investigations of Federal health care offenses, and other specified matters related to health care, such as the laundering of monetary instruments in connection with a Federal health care offense. (Sec. 247) Provides for injunctive relief relating to covered Federal health care offenses, as well as for property forfeitures. Subtitle F: Administrative Simplification - Amends SSA title XI to add a new part C (Administrative Simplification) for development of an electronic system for: (1) processing health care information consistent with the goal of improving the operation of the health care system; and (2) reducing related administrative costs through the HHS Secretary's adoption of certain standards for information transactions (including enrollment, disenrollment, claims attachments, and coordination of benefits) and data elements as well as standards relating to security and privacy, and performance of tasks pursuant to specified requirements, assisted by the newly established Health Information Advisory Committee. (Sec. 251) Provides penalties for violations of provisions of this subtitle, including for the wrongful disclosure of individually identifiable health information. (Sec. 261) Directs the HHS Secretary to adopt uniform coverage, administration, and payment policies for clinical diagnostic laboratory tests under Medicare part B (Supplementary Medical Insurance) in accordance with a specified process. Provides that, effective for claims submitted after the expiration of a specified 90-day period, an independent laboratory may select a single carrier for the processing of all of its claims for payment under Medicare part B without regard to the location where the laboratory or the patient or provider involved resides or conducts business. Requires such election of a single carrier to be made by the clinical laboratory, and an agreement between the carrier and laboratory to be forwarded to the HHS Secretary. Title III: Tax-Related Health Provisions - Subtitle A: Medical Savings Accounts - Amends the Internal Revenue Code to allow a deduction for limited amounts paid to a medical savings account (MSA). Defines "medical savings account" as a trust for paying the account holder's medical expenses. Exempts an MSA from taxation unless it has ceased being an MSA. Provides for the treatment of distributions. Allows the MSA deduction to be taken whether or not the individual itemizes deductions. Excludes limited employer MSA contributions from employee gross income. Excludes employer MSA contributions from provisions relating to social security, railroad retirement, unemployment, and withholding taxes. Makes MSA contributions unavailable under cafeteria plans. Excludes MSAs from the value of taxable estates. Imposes a tax on excess MSA contributions. Exempts an MSA holder from prohibited transactions taxes if the MSA ceases to be an MSA. Imposes a penalty on MSA reporting failure. Exempts MSAs from the definition of "specified insurance contract" for provisions relating to capitalization of certain policy acquisition expenses. Subtitle B: Increase in Deduction for Health Insurance Costs of Self-Employed Individuals - Allows self-employed individuals to deduct a portion of their expenditures for medical insurance for the individual, spouse, and dependents. Subtitle C: Long-Term Care Services and Contracts - Requires treating: (1) a long-term care insurance as accident and health insurance and associated amounts received as received for personal injuries and sickness and as reimbursement for medical care expenses actually incurred; (2) an employer's plan providing long-term care as an accident and health plan; (3) limited amounts paid for such insurance as payments for medical care; and (4) such insurance as guaranteed renewable under specified provisions. Provides for the treatment of: (1) excess aggregate long-term care payments; and (2) long-term care coverage provided in conjunction with life insurance. Excludes long-term care from cafeteria plans. Includes in an employee's gross income employer-provided long-term care overage provided through a flexible spending arrangement. Declares that a group health plan does not fail to meet continuation requirements solely because it fails to provide long-term coverage. (Sec. 323) Imposes reporting requirements on long-term care benefit payors. (Sec. 325) Sets forth provisions regarding: (1) the model regulation and model Act promulgated by the National Association of Insurance Commissioners; and (2) certain disclosure and nonforfeitability requirements. (Sec. 326) Imposes a tax the failure to meet requirements regarding: (1) the model regulation and model Act; (2) policy or certificate delivery; and (3) claims denials information. Subtitle D: Treatment of Accelerated Death Benefits - Treats life insurance amounts paid as an amount paid because of death if the insured is terminally or chronically ill and the amount is received under a provision that is treated as long-term care insurance. Treats the amount paid by a viatical settlement provider for a life insurance contract as an amount paid by reason of the death of the insured. (Sec. 332) Treats, for life insurance company provisions, references to life insurance contracts as including references to accelerated death benefit riders (unless a rider is treated as a long- term care contract). Subtitle E: High-Risk Pools - Exempts from taxation a State- established membership organization providing nonprofit medical care coverage to high risk individuals. Title IV: Revenue Offsets - Subtitle A: Repeal of Bad Debt Reserve Method for Thrift Savings Associations - Declares that bad debt reserve banking provisions shall not apply after a specified date. Provides for the resulting accounting method change. Subtitle B: Reform of the Earned Income Credit - Requires, in order to be eligible for the earned income credit (EIC), that a taxpayer include on the return the taxpayer's (and, if married, the spouse's) social security number (SSN). Adds to the definition of "mathematical or clerical error" references to omission of a SSN required by EIC provisions. (Sec. 412) Increases preparer penalties for certain failures or actions.
United States · United States Congress · 12 March 1996
TABLE OF CONTENTS: Title I: Improved Availability and Portability of Health Insurance Coverage Subtitle A: Coverage Under Group Health Plans Subtitle B: Certain Requirements for Insurers and HMOs in the Group and Individual Markets Subtitle C: Definitions; General Provisions Title II: Preventing Health Care Fraud and Abuse; Administrative Simplification Subtitle A: Fraud and Abuse Control Program Subtitle B: Revisions to Current Sanctions for Fraud and Abuse Subtitle C: Data Collection Subtitle D: Civil Monetary Penalties Subtitle E: Revisions to Criminal Law Subtitle F: Administrative Simplification Health Coverage Availability and Affordability Act of 1996 - Title I: Improved Availability and Portability of Health Insurance Coverage - Subtitle A: Coverage Under Group Health Plans - Requires a group health plan and an insurer or health maintenance organization (HMO) offering health insurance in connection with a group health plan to: (1) reduce any preexisting condition period by the aggregate period of prior coverage; and (2) limit any preexisting condition period to not more than 12 months. Prohibits: (1) preexisting condition periods for newborns and regarding certain adoptions; and (2) treating pregnancy as a preexisting condition. Allows an HMO that does not use preexisting condition limitations to impose an eligibility period. (Sec. 103) Prohibits coverage exclusion on the basis of health status. Requires a plan to allow an otherwise-eligible employee to enroll if the employee previously declined enrollment because of other coverage and subsequently lost the other coverage. Prohibits, if a plan offers family coverage, a waiting period for a newborn, certain adopted children, or a spouse. (Sec. 104) Amends the Internal Revenue Code to impose a tax on any failure of a group health plan to meet certain requirements of this Act. Deems sections 101 through 103 of this Act to be provisions of the Employee Retirement Income Security Act of 1974 (ERISA). Provides for civil money penalties for failure to meet a requirement of this subtitle. Subtitle B: Certain Requirements for Insurers and HMOs in the Group and Individual Markets - Requires each insurer or HMO that offers health insurance coverage in the small group market in a State to accept every applying small employer and every applying eligible individual. Allows minimum participation or contribution rules. (Sec. 132) Requires an insurer or HMO that offers coverage in the small or large group market to renew or continue the coverage at the option of the employer, except for nonpayment of premiums, fraud, and similar reasons. Allows uniform termination or modification of coverage. (Sec. 141) Requires each insurer or HMO that issues individual health insurance to offer coverage to each individual who previously had group coverage. Prohibits declining issuance based on health status. Allows superseding State mechanisms reasonably designed to meet the goals of guaranteeing coverage to qualifying individuals and assuring that the individuals receive credit for prior coverage toward the new coverage's preexisting condition exclusion period. (Sec. 142) Mandates renewal or continuation of individual coverage, except for nonpayment of premiums, fraud, or similar matters. (Sec. 151) Applies the civil money penalty provisions of subtitle A to subtitle B. Subtitle C: Definitions; General Provisions - Sets forth definitions and general provisions, including: (1) excluding church plans from the requirements of this title; and (2) requiring (unless a State elects otherwise) that a State plan under title XIX (Medicaid) of the Social Security Act be treated as a group health plan. Title II: Preventing Health Care Fraud and Abuse; Administrative Simplification - Subtitle A: Fraud and Abuse Control Program - Amends title XI of the Social Security Act (SSA) to direct the Secretary of Health and Human Services (HHS), acting through the HHS Office of Inspector General (IG), and the Attorney General to establish a program to: (1) coordinate Federal, State, and local law enforcement programs to control health care fraud and abuse; (2) conduct investigations, audits, and inspections relating to the delivery of and payment for health care; (3) facilitate enforcement of certain provisions of SSA and other Acts applicable to health care fraud and abuse; (4) provide for the modification and establishment of safe harbors; (5) issue advisory opinions and special fraud alerts; and (6) provide for the reporting and disclosure of certain final adverse actions against health care providers, suppliers, or practitioners pursuant to the data collection system established below. (Sec. 201) Establishes the Health Care Fraud and Abuse Control Account (Account) in Medicare's Federal Hospital Insurance Trust Fund (Trust Fund) to hold the criminal fines and civil monetary penalties and assessments obtained from Federal health care cases, as well as property forfeiture proceeds resulting from such cases, and other specified amounts for financing the program above and the Medicare Integrity Program established below. Makes certain appropriations to the Trust Fund and Account, earmarking specified amounts for activities of HHS' IG with respect to the Medicare and Medicaid programs under, respectively, SSA titles XVIII and XIX. (Sec. 202) Establishes the Medicare Integrity Program under which the HHS Secretary shall promote the integrity of the Medicare program by entering into contracts with certain eligible private entities to: (1) review the activities of Medicare service providers and audit cost reports to determine whether payment should not have been made; (2) educate service providers, beneficiaries, and other persons with respect to payment and benefit issues; and (3) develop and periodically update a list of items of durable medical equipment subject to prior authorization. Eliminates the responsibilities of fiscal intermediaries under Medicare part A (Hospital Insurance) and carriers under Medicare part B (Supplementary Medical Insurance) for carrying out certain activities to the extent such activities are carried out pursuant to a contract under the Medicare Integrity Program. (Sec. 203) Directs the HHS Secretary to provide an explanation of benefits under the Medicare program with respect to each furnished item or service for which payment may be made, whether or not a deductible or coinsurance payment may be imposed against the individual with respect to the item or service. Directs the HHS Secretary to establish a program to encourage individuals to: (1) report information on fraud and abuse under Medicare; and (2) submit suggestions on methods to improve the efficiency of the Medicare program. Provides for the payment to such individuals of a portion of: (1) any amounts collected due to any reports of fraud or abuse; or (2) any savings resulting from any suggestions that are adopted. (Sec. 204) Amends SSA title XI to extend the application of criminal penalties for acts involving the Medicare program to similar violations of any plan or program that provides health benefits, whether directly, through insurance, or otherwise, which is funded directly, in whole or in part, by the Federal Government, except the Federal Employees' Health Benefits Program. (Sec. 205) Directs the HHS Secretary periodically to publish a notice in the Federal Register soliciting proposals for: (1) modifications to existing safe harbors issued under the Medicare and Medicaid Patient and Program Protection Act of 1987; (2) additional safe harbors specifying payment practices that shall not be treated as a criminal offense or exclusion; (3) advisory opinions by the Secretary with regard to SSA title XI civil monetary and criminal penalty provisions; and (4) special fraud alerts by the HHS IG, upon request, with regard to suspect practices under the Medicare program or a State health care program. Requires subsequent issuance of any appropriate implementing regulations. Subtitle B: Revisions to Current Sanctions for Fraud and Abuse - Excludes from participation in Medicare and State health care programs any individual or entity convicted after the enactment of this Act of a felony related to: (1) fraud in connection with the delivery of a health care item or service; or (2) a controlled substance. (Sec. 212) Revises specified current sanctions involving exclusion for fraud and abuse under Medicare and State health care programs. Repeals the prerequisite that a health care practitioner or person be determined "unwilling or unable" to comply substantially with a corrective action plan before sanctions may be imposed (thus permitting the Secretary to exclude such practitioner or person from eligibility to provide services for failure to comply with a corrective action plan, regardless of circumstances). (Sec. 215) Permits the imposition of intermediate sanctions on Medicare health maintenance organizations (HMOs), in addition to the current option of termination. (Sec. 216) Excepts from anti-kickback penalties for discounting and managed care arrangements any remuneration between an organization and an item or service provider under a written agreement if: (1) the organization is a Medicare-eligible HMO or competitive medical plan; or (2) the written agreement places the item or service provider at substantial financial risk for the cost or utilization of such items or services which it is obligated to provide, whether through a withhold, capitation, or other similar risk arrangement. (Sec. 217) Establishes a criminal penalty for fraudulent disposition of assets in order to obtain Medicaid benefits. Subtitle C: Data Collection - Directs the HHS Secretary to establish a national health care fraud and abuse data collection program for the reporting of final adverse actions against health care providers, suppliers, or practitioners. Requires each Government agency and health care plan to report to the Secretary any final adverse action taken against a health care provider, supplier, or practitioner. (Sec. 221) Allows the HHS Secretary, under the system for unique identifiers for Medicare physicians, to impose appropriate fees on such physicians to cover the costs of investigation and recertification activities with respect to the issuance of the identifiers. Subtitle D: Civil Monetary Penalties - Revises civil monetary penalty and other related SSA title XI provisions, among other things: (1) subjecting to civil penalties certain program-excluded individuals who retain an ownership or control interest in a participating entity if they know or should know of the action constituting the basis for the exclusion at the time they violated such provisions; (2) increasing the amounts of various specified penalties and assessments, including those against health care practitioners who fail to comply with their statutory obligations; (3) prohibiting the offering of inducements to individuals enrolled under Medicare or a State health care program, including waiver of coinsurance and deductible amounts and transfers of items or services for free or for other than fair market value; and (4) establishing a penalty for false certification for home health services. (Sec. 232) Requires a knowing level of intent in a violation to justify the imposition of civil money penalties. Subtitle E: Revisions to Criminal Law - Amends the Federal criminal code to define a Federal health care offense and to cover health care fraud, theft or embezzlement in connection with health care, obstruction of criminal investigations of health care offenses, and other specified matters related to health care fraud, such as the laundering of monetary instruments. (Sec. 247) Provides for injunctive relief relating to covered health care offenses, as well as for property forfeitures. Subtitle F: Administrative Simplification - Amends SSA title XI to add a new part C (Administrative Simplification) to provide for development of an electronic system for: (1) processing health care information consistent with the goal of improving the operation of the overall health care system; and (2) reducing related administrative costs through the HHS Secretary's adoption of certain standards for information transactions (including enrollment, disenrollment, claims attachments, and coordination of benefits) and data elements as well as security and privacy standards, and performance of tasks pursuant to specified requirements, assisted by a new Health Information Advisory Committee established by this Act. (Sec. 252) Establishes penalties for the wrongful disclosure of individually identifiable health information, among other violations of this subtitle.
United States · United States Congress · 5 March 1996
Amends Federal provisions concerning the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to direct the Secretary of Defense to enter into an agreement with the Office of Personnel Management (OPM) under which covered CHAMPUS beneficiaries who are also entitled to hospital insurance benefits under Part A of title XVIII (Medicare) of the Social Security Act will be permitted to enroll in a health benefits plan offered through the Federal Employees Health Benefits program in lieu of receiving care under CHAMPUS or the TRICARE program. Outlines provisions concerning: (1) required contributions for such coverage; and (2) the management of participants in the plan. Requires the Secretary and the OPM Director to report annually to the Congress describing the provision of health care services to covered beneficiaries under the plan during the preceding fiscal year.
United States · United States Congress · 31 January 1996
Amends the Agricultural Adjustment Act, reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, to subject imported tomatoes to certain domestic packing requirements.
United States · United States Congress · 25 January 1996
Expresses the disapproval of the House of Representatives of the standards proposed by the National Center for History in the Schools for the teaching of U.S. and world history.
United States · United States Congress · 4 January 1996
Veterans' Insurance Reform Act of 1995 - Authorizes the Secretary of the military department concerned to terminate an individual's coverage under the Servicemen's Group Life Insurance (SGLI) if such individual does not pay the required premiums within 60 days after their due date. Requires written notification of such termination. Vacates such termination if such individual, before the effective date of such termination (60 days after notification), remits all past due amounts and demonstrates to the Secretary's satisfaction that the failure to make timely payments was justifiable. Increases from $100,000 to $200,000 the maximum automatic coverage for individuals under the SGLI. Requires specified information to be provided to SGLI holders. Redesignates SGLI as Servicemembers' Group Life Insurance. Merges into SGLI those individuals currently covered under the Retired SGLI program. Revises provisions concerning duration and termination of coverage and premiums with respect to such newly-covered individuals. Allows SGLI policies to be converted, upon the completion of miitary duty or travel, to a commercial life insurance policy with a participating company selected by the individual. Provides for the payment of Veterans' Group Life Insurance (VGLI) to an individual who has in effect at death both SGLI and VGLI coverage, limiting the total benefits payable from both policies to $200,000. Allows VGLI policies to be converted to commercial life insurance policies. Requires SGLI coverage of any member of the Retired Reserve to be converted to VGLI coverage 90 days after the enactment of this Act.
United States · United States Congress · 21 December 1995
Requires that the basic pay of Members of Congress be treated in the same manner as the basic pay of the most adversely affected Federal employees who are not compensated for any period in which: (1) there is more than a 24-hour lapse in appropriations for any Federal agency or department as a result of a failure to enact a regular appropriations bill or continuing resolution; or (2) the Federal Government is unable to make payments or meet obligations because the public debt limit has been reached. Requires the same treatment for the President's basic pay. Directs the Secretary of the Senate and the Chief Administrative Officer of the House of Representatives to promulgate any regulations needed to implement this Act in a manner consistent with the U.S. Constitution.
United States · United States Congress · 21 December 1995
Expresses the sense of the Congress that the President should suspend the proposed sale of the Army Tactical Missile System to the Government of Turkey until: (1) such Government improves its human rights record and terminates its embargo of Armenia; and (2) progress is made to resolve the conflict on Cyprus.
United States · United States Congress · 20 December 1995
Directs the Secretary of Veterans Affairs to ensure that: (1) in any case during FY 1996 in which appropriations are not otherwise available for programs, projects, and activities of the Department of Veterans Affairs, payments of existing veterans' benefits and payments to contractors of the Veterans Health Administration for patient health and safety services are still made; and (2) in any case during FY 1996 in which certain Government functions are delayed, deferred, or canceled due to a limitation on the ability to borrow funds, payments of existing veterans' benefits are still made.
United States · United States Congress · 14 December 1995
Provides that any individual who performs Operation Joint Endeavor services (United Nations-sponsored peacekeeping activities in Bosnia and Herzegovina) shall be entitled to the same tax benefits under specified provisions of the Internal Revenue Code that are provided to U.S. military personnel who perform service in an area designated by the President as a combat zone. Makes this Act effective for periods beginning on or after December 4, 1995.
United States · United States Congress · 29 November 1995
Amends the Social Security Act to repeal the mandate for the Medicare and Medicaid Coverage Data Bank (added by the Omnibus Budget Reconciliation Act of 1993).
United States · United States Congress · 28 November 1995
Constitutional Amendment - Declares that: (1) to secure the people's right to acknowledge God according to their conscience, nothing in the Constitution shall prohibit acknowledgement of the religious heritage, beliefs, or traditions of the people or prohibit student-sponsored prayer in public schools; and (2) neither the United States nor any State shall compose any official prayer, compel joining in prayer, or discriminate against religious expression or belief.
United States · United States Congress · 20 November 1995
Senior Citizens' Right to Work Act of 1995 - Amends title II (Old-Age, Survivors and Disability Insurance) of the Social Security Act to provide, through adjustments in the monthly exempt amount, for increases in the amounts of allowable earnings under the Social Security earnings limit for individuals who have attained retirement age.
United States · United States Congress · 18 November 1995
Amends Federal armed forces provisions to provide that: (1) the special rule concerning annual cost-of-living adjustments to retired military pay for individuals who first became members of a uniformed service before August 1, 1986, shall apply only through FY 1996 (currently, FY 1998); and (2) the initial month that such increase is payable shall be March (currently, September) of the year following the effective date of such increase.
United States · United States Congress · 17 November 1995
Authorizes the Speaker of the House of Representatives and the President pro tempore of the Senate to present, on behalf of the Congress, a gold medal to Billy and Ruth Graham in recognition of their outstanding and enduring contributions toward faith, morality, and charity. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates of such medal. Directs the Secretary to transfer from the Numismatic Public Enterprise Fund to the Library of Congress the amount by which the sum of any gifts and donations received by the Secretary to carry out this Act and any proceeds from the sale of bronze duplicates exceeds the total amount of the costs incurred by the Secretary in carrying out this Act.
United States · United States Congress · 16 November 1995
NAFTA Accountability Act - Requires assessment of the impact of the North American Free Trade Agreement (NAFTA), further negotiation of certain NAFTA provisions, and withdrawal from NAFTA unless specified conditions are met and certified to. Sets forth conditions for continuing U.S. participation in NAFTA, which must be met before the end of 1996. Requires the President to renegotiate the terms of NAFTA to correct trade deficits, currency distortions, and agricultural provisions in specified ways. Requires certifications by certain U.S. officials with respect to NAFTA, relating to: (1) gains in U.S. jobs and living standards (by the Secretary of Labor); (2) increased U.S. domestic manufacturing (by the Secretary of Commerce); (3) health and environmental standards, with respect to food imports and to U.S.-Mexico border areas (by the Secretary of Agriculture, the Administrator of the Food and Drug Administration, and the Administrator of the Environmental Protection Agency); (4) flow of illegal drugs from Mexico and Canada (by the Attorney General); and (5) Mexican democracy and human freedoms (by the President). Directs the President to consult regularly with the Congress regarding such negotiations. Directs the U.S. Trade Representative to consult with appropriate congressional committees in developing technical and conforming amendments that may be required to carry out this Act. Expresses the sense of the Congress that until the conditions set by this Act are met: (1) the President should not engage in negotiations to expand NAFTA to include other countries; and (2) fast-track authority should not be renewed with respect to the approval of any such NAFTA expansion.
United States · United States Congress · 14 November 1995
Smithsonian Institution Sesquicentennial Commemorative Coin Act - Directs the Secretary of the Treasury to issue five-dollar gold coins and one-dollar silver coins emblematic of the scientific, educational, and cultural significance of the Smithsonian Institution. Mandates that: (1) all but a certain portion of surcharges received from coin sales be paid by the Secretary to the Smithsonian Institution for such purposes as its Board of Regents determines to be appropriate; and (2) a certain portion of such surcharges be dedicated to supporting the operation and activities of the National Numismatic Collection at the National Museum of American History.
United States · United States Congress · 14 November 1995
Provides that in any case during FY 1996 in which appropriations are not otherwise available for the payment of veterans' disability compensation and dependency and indemnity compensation, the Secretary of Veterans Affairs shall nevertheless ensure that such payments are made in accordance with regular procedures and schedules. Appropriates necessary amounts for such purpose. Requires applicable accounts to be charged for such payments when regular appropriations become available. Requires such payments to be made also in any case during such fiscal year in which certain functions of the Government are delayed, deferred, or canceled due to a limitation on the Government's ability to borrow funds.
United States · United States Congress · 2 November 1995
Travel and Tourism Partnership Act of 1995 - Establishes the National Tourism Board to develop a national travel and tourism strategy for increasing U.S. travel and tourism. Establishes the National Tourism Organization as a non-Federal non-profit organization to implement the national travel and tourism strategy. Directs the Secretary of State and the Director of the United States Information Agency (USIA) to: (1) place priority on implementing recommendations by the National Tourism Board; and (2) cooperate with the National Tourism Organization. Authorizes the President to transfer up to 25 staff members of the United States Travel and Tourism Administration to the Foreign Service or the Commercial Service for two years to assist the Organization in its start-up activities. Amends the Export Enhancement Act of 1988 to require the Trade Promotion Coordinating Committee's (TPCC) Federal trade promotion plan to reflect, among other things, recommendations by the National Tourism Board. Makes the President of the National Tourism Organization a member of the TPCC.
United States · United States Congress · 30 October 1995
Expresses the sense of the House of Representatives that: (1) in the negotiation of any peace agreement between the parties to the conflict in the Republic of Bosnia and Herzegovina, there should not be a presumption, and it should not be considered to be a prerequisite to the successful conclusion of such a negotiation, that enforcement of such agreement will involve deployment of U.S. armed forces on the ground in the territory of the Republic; and (2) no U.S. armed forces should be deployed on the ground in such territory to enforce a peace agreement until the Congress has approved the deployment.
United States · United States Congress · 26 October 1995
Prohibits any member of the armed forces from being required to wear any uniform item or insignia which indicates an allegiance to or affiliation with the United Nations.
United States · United States Congress · 17 October 1995
TABLE OF CONTENTS: Title XV (sic): Medicare Subtitle A: MedicarePlus Program Subtitle B: Preventing Fraud and Abuse Subtitle C: Regulatory Relief Subtitle D: Medical Liability Reform Subtitle E: Teaching Hospitals and Graduate Medical Education Subtitle F: Provisions Relating to Medicare Part A Subtitle G: Provisions Relating to Medicare Part B Subtitle H: Provisions Relating to Medicare Parts A and B Subtitle I: Clinical Laboratories Subtitle J: Lock-Box Provisions for Medicare Part B Savings from Growth Reductions Title XV (sic): Medicare - Medicare Preservation Act of 1995 - Subtitle A: MedicarePlus Program - Amends titles XI and XVIII (Medicare) of the Social Security Act (SSA) and related Internal Revenue Code provisions, restructuring the current Medicare program, creating a new MedicarePlus program within it, with certain organizational changes involving the Health Care Financing Administration (HCFA) as well, while also providing for corresponding tax treatments involving MedicarePlus medical savings accounts (MSAs) (created for paying the qualified medical expanses of the account holder) and distributions, and other specified MedicarePlus-related matters, such as the tax treatment of hospitals participating in provider-sponsored organizations and associated penalties with regard to such tax-related matters. Includes chiefly among such restructuring measures the following items. (Sec. 15001) Gives individuals entitled to benefits under Medicare part A (Hospital Insurance) and enrolled under Medicare part B (Supplementary Medical Insurance) the opportunity to elect Medicare coverage annually during specified periods under either the new MedicarePlus benefit package or through the existing fee-for-service system under such parts. Describes the former package as comprising various specified products and services, including contributions to newly provided for MedicarePlus MSAs as well as a separate fee-for-service component, offered under certain provider- and union-sponsored plans by qualified MedicarePlus organizations: (1) certified as meeting certain applicable standards pursuant to respective State or Federal certification process; and (2) under contract with the Secretary of Health and Human Services (HHS) in accordance with various specified contract requirements with respect to the items and services offered. (Sec. 15002) Outlines special election rules relevant to choice of coverage, including coverage elected through the MedicarePlus package under the newly added Medicare part C (MedicarePlus Organizations and High Deductible/Medisave Products) as well as through existing fee-for-service packages in which unenrolled individuals who initially fail to make an election during the appropriate period are deemed to have enrolled. Includes among special rules under this subtitle those specifically relevant under new Medicare part C to: (1) MedicarePlus organization licensing, payment, periodic certification, and other specified organization-related matters involving, among other things, product standards, premiums, and cost-sharing, physician and other provider participation, coverage determinations, advance directives, and quality assurance programs; (2) MedicarePlus MSA and Medicare part B premium discount rebate tax treatment; (3) MedicarePlus high deductible/Medisave products, including with regard to the individuals electing such products and the benefits covered; (4) coordinated acute and long-term care benefits under a MedicarePlus product; and (5) provider service network antitrust measures. Directs the Secretary to provide for demonstration projects permitting MediGrant programs under SSA title XXI to be treated as MedicarePlus organizations for qualified MediGrant-eligible individuals in order to demonstrate primary, acute, and long-term care delivery via integrated delivery networks emphasizing noninstitutional care. (Sec. 15003) Revises Medicare supplemental health insurance policy certification provisions concerned with the unlawful duplication of health benefits coverage. Requires a report by the Secretary to the Congress on certain duplication issues. (Sec. 15004) Sets forth transition rules for current Medicare health maintenance organization (HMO) programs, eliminating the "50/50" enrollment rule. (Sec. 15031) Establishes the Medicare Payment Review Commission under the Medicare program (replacing the Prospective Payment Assessment Commission and the Physician Payment Review Commission which are hereby abolished). Requires such Commission to review program payment policies (including those under the new MedicarePlus program) for appropriate recommendations to the Congress concerning such policies. Authorizes appropriations. (Sec. 15032) Creates the Commission on the Effect of the Baby Boom Generation on the Medicare Program to: (1) examine the financial impact on the Medicare program of the significant increase in the number of Medicare-eligible individuals which will occur beginning about 2010 and lasting for approximately 25 years; and (2) make specific recommendations to the Congress respecting a comprehensive approach to preserve Medicare for the period during which such individuals are Medicare-eligible. Authorizes appropriations. (Sec. 15033) Makes the HCFA Administrator a secretarial, as opposed to a presidential, appointee as currently provided for under SSA title XI. Subtitle B: Preventing Fraud and Abuse - Outlines various specified measures designed for preventing fraud and abuse under Medicare, including among them: (1) special outreach and other efforts by the Secretary which include establishing a beneficiary incentive program for collecting information on fraud and abuse under Medicare and a voluntary disclosure program for Medicare violators to disclose wrongdoing; (2) revisions to current sanctions which include new intermediate sanctions for Medicare HMO violations; (3) establishment of the Medicare Integrity Program and an associated Anti-Fraud and Abuse Trust Fund (trust Fund) in the Treasury for specified anti-fraud and abuse activities under Medicare; (4) permitting carriers to carry out prior authorization for certain items of durable medical equipment; (5) establishment by the Attorney General of a national health care anti-fraud task force, including representatives of various specified Federal departments, agencies, and offices, for coordination of Federal law enforcement activities relating to health care fraud and abuse; (6) an HCFA-sponsored study of the adequacy of quality assurance and consumer protection programs under Medicare part C for a report to the Congress; and (7) establishment of civil monetary penalties under SSA title XI for false home health services certifications by physicians, as well as sanctions under such title for offenses involving fraud, false statement, theft, or embezzlement under Medicare or a State health care program. Provides: (1) appropriations from such trust fund to carry out the Medicare Integrity Program; and (2) appropriations from the trust funds supporting the Medicare program for the HHS Inspector General for Medicare-related anti-fraud and abuse matters. (Sec. 1511) Directs the Secretary to establish and operate certain pilot projects for implementing innovative approaches to monitor claims payment under Medicare. Subtitle C: Regulatory Relief - Outlines various specified revisions to Medicare physician referral prohibitions and SSA title XI anti-kickback and other penalties, among other such revisions made under SSA and the Omnibus Budget Reconciliation Act of 1993 designed for Medicare regulatory relief. Includes among such revisions: (1) repeal of physician referral prohibitions based on compensation arrangements; (2) new exceptions to physician referral prohibitions for shared facility and other specified services; (3) repeal of the Medicare and Medicaid Coverage Data Bank; (4) various specified miscellaneous technical changes with regard to such matters as the imposition of civil monetary penalties and the level of knowledge required and the application of anti-kickback penalties to certain actions involving referrals; and (5) issuance of advisory opinions under SSA title XI. (Sec. 15214) Directs the Secretary to publish a notice in the Federal Register soliciting proposals for: (1) modifications to existing safe harbors; (2) additional safe harbors; and (3) special fraud alerts. Requires publication of such proposals in the Register and issuance of final implementing rules by the Secretary as appropriate after consideration of any public comments received. (Sec. 15216) Provides for prior notice of changes in billing and claims processing requirements for physicians' services. (Sec. 15221) Outlines various specified measures designed for promoting physician self-policing, including an exemption from Federal antitrust and similar State laws for certain activities of medical self-regulated entities. Subtitle D: Medical Liability Reform - Outlines various specified measures designed for addressing health care liability issues, including changes establishing: (1) a statute of limitations for health care liability actions; (2) a limitation on noneconomic damages; and (3) standards for alternative dispute resolution used to resolve such an action or claim. Subtitle E: Teaching Hospitals and Graduate Medical Education - Outlines a new SSA title XXII (Teaching Hospitals and Graduate Medical Education Trust Fund): (1) establishing in the Treasury the Teaching Hospital and Graduate Medical Education Trust Fund consisting of the Indirect-Costs Medical Education Account, the Medicare Direct-Costs Medical Education Account, and the General Direct-Costs Medical Education Account; (2) governing payments from such trust fund to teaching hospitals, with certain adjustments as prescribed, in accordance with various special rules for the costs of operating approved medical residency training programs; and (3) providing for a certain temporary advisory panel for developing recommendations for the Congress with regard to such matters as teaching hospital and graduate medical education financing, Federal policies on international medical graduates, and medical school dependence on service-generated income. Makes various specified appropriations to the trust fund, with certain individual trust fund component allocations, including certain transfers to such components out of the Medicare trust funds, for medical education direct and indirect costs. Authorizes appropriations. (Sec. 15412) Modifies current payment policies under Medicare regarding graduate medical education, including setting a limitation on the number of full-time equivalent residents for certain fiscal years and reducing payments for alien residents with regard to the direct costs of graduate medical education. Subtitle F: Provisions Relating to Medicare Part A - Outlines various specified technical revisions in Medicare Part A rural and urban hospital and skilled nursing facility payment provisions, providing for various reductions in payment updates and other adjustments and payment-related changes. Includes chiefly among such technical revisions: (1) a reduction in payments to hospitals for enrollees' bad debts; (2) the establishment of the rural emergency access care hospital program; (3) the establishment of a program of incentives for cost-effective management of covered non-routine services of skilled nursing facilities; and (4) standards for the certification of skilled nursing facilities. (Sec. 15508) Makes certain conforming amendments with regard to the certification of Christian Science providers. (Sec. 15511) Requires the Medicare Payment Review Commission established by this title to study and report to the Congress on the impact of the designation of hospitals as sole community hospitals under the Medicare program on the delivery of health care services to individuals in rural areas. (Sec. 15527) States that, in order to ensure that Medicare beneficiaries are furnished appropriate extended care services, the Secretary shall establish and implement a medical review process to examine the effect of the amendments made by this subtitle on the quality of extended care services furnished to Medicare beneficiaries. (Sec. 15528) Requires the Medicare Payment Review Commission to report to the Congress on the system under which payment is made under Medicare for extended care services of skilled nursing facilities. (Sec. 15531) Makes specified changes under the Social Security Amendments of 1983 with regard to the amount of certain taxes credited to the Federal Hospital Insurance Trust Fund. Subtitle G: Provisions Relating to Medicare Part B - Outlines various specified technical revisions to physician, certain outpatient hospital, and clinical diagnostic laboratory services payment provisions, chief among them: (1) replacing the volume performance standard with sustainable growth rate and establishing a single conversion factor for 1996; (2) eliminating formula-driven overpayments; and (3) reducing updates to payment amounts for laboratory tests. Makes other similar specified payment changes with regard to items of durable medical equipment, while also providing for a freeze in any inflation updates in payment amounts for ambulatory surgical center services. (Sec. 15607) Bases payment to rural emergency access care hospitals on the payment for outpatient rural primary care hospital services. (Sec. 15608) Provides for ensuring payment for physician and nurse jointly furnished anesthesia services for a single case. (Sec. 15609) Directs the Secretary to treat the State of Wisconsin as a single fee schedule area for physicians' services while ensuring budget neutrality. (Sec. 15609A) Provides for the payment of ambulance services in accordance with a certain fee schedule to be established by the Secretary pursuant to specified considerations. (Sec. 15609B) Applies the standards for physical or occupational therapy services furnished by traditional providers to such services furnished by physicians in an outpatient setting. (Sec. 15611) Provides for extension of and other specified changes with regard to the Medicare part B premium. (Sec. 15612) Details additions to Medicare part B premium requirements concerning part B premium amounts to provide for certain premium increases for individuals with modified adjusted gross incomes for a taxable year in excess of certain described threshold amounts. Provides for the disclosure under the Internal Revenue Code of certain tax return information for purposes related to such income-related reduction in Medicare subsidy. (Sec. 15621) Addresses administration, coverage, and billing policies for clinical diagnostic laboratory tests by requiring adoption of uniform policies concerning such matters in accordance with a specifically outlined process. (Sec. 15622) Places restrictions on direct billing for laboratory services, with appropriate sanctions for enforcement. (Sec. 15631) Requires the Secretary to establish a certain task force to recommend quality standards for durable medical equipment. Subtitle H: Provisions Relating to Medicare Parts A and B - Amends SSA title XVIII to provide for Medicare payment for home health services in accordance with various specified guidelines. (Sec. 15701) Includes payment for prosthetics and orthotics along with payment for durable medical equipment under Medicare part A. (Sec. 15702) Provides for maintaining savings resulting from a temporary freeze on payment increases for home health services. (Sec. 15703) Provides for an extension under the Omnibus Budget Reconciliation Act of 1986 of the waiver of presumption of lack of knowledge of exclusion from coverage for home health agencies. (Sec. 15704) Requires the Secretary to submit recommendations to the Congress regarding an appropriate methodology for making payments under Medicare for home health services furnished by Christian Science providers meeting certification and other applicable requirements to be providers under Medicare. (Sec. 15705) Extends the period for home health agency certification. (Sec. 15711) Revises provisions with regard to Medicare as secondary payer. (Sec. 15721) Provides for a "failsafe budget mechanism" under Medicare as outlined for adjusting payments under that program for certain applicable items and services in order to achieve various specified Medicare budget targets beginning in FY 1996. Requires a report by the Board of Trustees of the Federal Hospital Insurance Trust Fund on the growth in Medicare part A expenditures. (Sec. 15731) Establishes the Medicare Information Advisory Committee, and directs the Secretary, with its help, to adopt standards for Medicare information transactions and data elements and modifications to existing standards in order to reduce the administrative costs of providing and paying for health care, and to make Medicare information uniformly available for electronic exchange. Sets out penalties for standards violations. (Sec. 15741) Provides that: (1) nothing in Medicare may be construed to prohibit part A or B coverage of items and services associated with a medical device used in furnishing inpatient hospital services solely because it is unapproved, if it is an investigational device used instead of an approved one; and (2) the amount of Medicare payment for any item or service associated with an investigational device used in furnishing such hospital services may not exceed the payment amount which would have been made under Medicare for the item or service if it were associated with the use of an approved device. (Sec. 15742) Excludes from Medicare coverage items or services used for euthanasia. (Sec. 15743) Outlines certain competitive bidding demonstration requirements for selected Medicare items and services. (Sec. 15744) Provides for the disclosure under Medicare of criminal convictions relating to the provision of home health services to any person upon request. (Sec. 15745) Requires renal dialysis facilities to make services available on a 24-hour basis. Subtitle I: Clinical Laboratories - Amends the Public Health Service Act to exempt clinical laboratories in physician offices not performing pap smear analysis from certification requirements under such Act. Subtitle J: Lock-Box Provisions for Medicare Part B Savings from Growth Reductions - Creates in the Treasury the Federal Medicare Growth Reduction Trust Fund for savings in Medicare part B resulting from this Act for expenditure after a certain period to carry out the Medicare program.
United States · United States Congress · 29 September 1995
TABLE OF CONTENTS: Title XV (sic): Medicare Subtitle A: MedicarePlus Program Subtitle B: Preventing Fraud and Abuse Subtitle C: Regulatory Relief Subtitle D: Medical Liability Reform Subtitle E: Teaching Hospitals and Graduate Medical Education Subtitle F: Provisions Relating to Medicare Part A Subtitle G: Provisions Relating to Medicare Part B Subtitle H: Provisions Relating to Medicare Parts A and B Subtitle I: Clinical Laboratories Title XV (sic): Medicare - Medicare Preservation Act of 1995 - Subtitle A: MedicarePlus Program - Amends titles XI and XVIII (Medicare) of the Social Security Act (SSA) and the Internal Revenue Code, restructuring the current Medicare program, creating a new MedicarePlus program within it, with certain organizational changes involving the Health Care Financing Administration (HCFA) as well, while also providing for corresponding tax treatments involving MedicarePlus medical savings accounts (MSAs) and other MedicarePlus- related matters. (Sec. 15001) Gives individuals entitled to benefits under Medicare part A (Hospital Insurance) and enrolled under Medicare part B (Supplementary Medical Insurance) the opportunity to elect Medicare coverage during annual, coordinated election periods under either the new MedicarePlus benefit package or through the existing fee-for- service system under such parts. Includes in the MedicarePlus benefit package a high ($10,000) deductible-medisave product plus contributions to MedicarePlus MSAs, as well as separate fee-for- service products and products offered under certain provider- and union-sponsored plans by qualified MedicarePlus organizations. Directs the Secretary to provide for a nationally coordinated educational and publicity campaign to inform individuals who are eligible to elect MedicarePlus products about them and the election processes provided under this subtitle. (Sec. 15002) Requires qualified MedicarePlus organizations (except those with union sponsors, Taft-Hartley sponsors, or provider sponsors) to be licensed under State law in each State in which they offer a MedicarePlus product. Requires such organizations to assume full financial risk on a prospective basis for the provision of health care services (other than hospice care). Allows an organization to obtain insurance in specified circumstances. Sets forth requirements relating to benefits, provision of services (including limited physician incentive plans), enrollment, and premiums. Specifies patient protection standards, including those for information disclosure, access to services, out-of-network services, mandatory quality assurance programs, coverage determinations, grievances, appeals, and fair marketing procedures. Prescribes policy for payments to MedicarePlus organizations, including monthly adjusted capitation rates, and payments to the MedicarePlus MSAs of individuals electing high deductible-medisave products. Requires the Secretary of Health and Human Services to request the National Association of Insurance Commissioners to develop proposed standards consistent with this Act for Medicareplus organizations (other than union-sponsored, Taft-Hartley-sponsored, and provider- sponsored organizations) and their MedicarePlus products. Requires the Secretary to review and promulgate such standards, with any appropriate modifications. Requires the Secretary to develop standards for union sponsors, Taft-Hartley sponsors, and provider- sponsored organizations. Mandates State certification processes, subject to the Secretary's approval, for State-regulated organizations. Requires the Secretary to establish a certification process for union sponsors, Taft-Hartley sponsors, and provider-sponsored organizations. Requires MedicarePlus organizations to contract with the Secretary, subject to specified requirements. (Sec. 15003) Revises Medicare supplemental health insurance policy certification requirements concerned with the unlawful duplication of health benefits coverage, adding appropriate references to MedicarePlus products and making such provisions effective as if enacted as part of the Omnibus Budget Reconciliation Act of 1990, among other changes. Requires a report by the Secretary to the Congress on certain duplication issues. (Sec. 15004) Sets forth transition rules for current Medicare health maintenance organization (HMO) programs. (Sec. 15011) Amends the Internal Revenue Code to exclude from an individual's gross income any Federal payment to his or her MedicarePlus MSA, but include any MSA distribution not used to pay the account holder's qualified medical expenses. Excludes the value of such an MSA from the account holder's gross estate. Exempts an account holder from the excise tax on prohibited transactions even if an MSA ceases to be a MedicarePlus MSA because a distribution was not used to pay qualified medical expenses. (Sec. 15012) Amends the Internal Revenue Code to exclude from gross income any Medicare Part B premium discount rebate. (Sec. 15021) Declares that, in any Federal or State antitrust action, to conduct of a provider service network (and any member of such network) in negotiating, making, or performing a contract, to the extent such contract is for providing services under a MedicarePlus provider-sponsored organization (PSO) contract, shall not be illegal per se. Subjects such conduct to the antitrust rule of reason standard. (Sec. 15031) Amends SSA title XVIII to establish the Medicare Payment Review Commission (replacing the Prospective Payment Assessment Commission (ProPAC) and the Physician Payment Review Commission (PPRC), hereby abolished) which shall, among other things, review program payment policies (including those under the new MedicarePlus program) for appropriate recommendations to the Congress concerning such policies. Authorizes appropriations. (Sec. 15032) Creates the Commission on the Effect of the Baby Boom Generation on the Medicare Program to: (1) examine the financial impact on the Medicare program of the significant increase in the number of Medicare-eligible individuals which will occur beginning approximately 2010 and last for approximately 25 years; and (2) make specific recommendations to the Congress about a comprehensive approach to preserve Medicare for the period during which such individuals are Medicare-eligible. Authorizes appropriations. (Sec. 15033) Amends SSA title XI to make the appointment of the Health Care Financing Administration (HCFA) Administrator a secretarial, as opposed to a presidential, appointee. Subtitle B: Preventing Fraud and Abuse - Outlines various specified measures designed for preventing fraud and abuse under the Medicare program, including among them: (1) special outreach and other efforts by the Secretary which include establishing a beneficiary incentive program for collecting information on fraud and abuse under Medicare and a voluntary disclosure program for Medicare violators to disclose wrongdoing (for which sanctions may then be waived or otherwise mitigated); (2) revisions to current sanctions which include new intermediate sanctions for Medicare HMO violations; (3) establishment of the Medicare Integrity Program and associated Anti-Fraud and Abuse Trust Fund for contracting out to private entities specified anti-fraud and abuse activities; (4) permitting carriers to carry out prior authorization for certain items of durable medical equipment; (5) establishment by the Attorney General of a Health Care Anti-Fraud Task Force within the Department of Justice to prosecute health care fraud offenses; and (6) an HCFA-sponsored study of the adequacy of quality assurance and consumer protection programs under MedicarePlus for a report to the Congress. Provides appropriations from the Anti-Fraud and Abuse Trust Fund to carry out the Medicare Integrity Program. Subtitle C: Regulatory Relief - Amends SSA titles XI and XVIII, as well as the Omnibus Budget Reconciliation Act of 1993, to outline various specified revisions to Medicare physician referral prohibitions and anti-kickback and other penalties for the purpose of achieving Medicare regulatory relief. (Sec. 15201) Includes among such revisions: (1) removal of compensation arrangements from the proscribed financial arrangements between a physician and any entity to which he or she may refer a Medicare beneficiary (thus limiting proscribed financial arrangements to an ownership or investment interest in the entity); (2) limitation of the designated health services subject to such prohibition to items and services furnished by a community pharmacy, magnetic resonance imaging and computerized tomography services, and outpatient physical therapy services; (3) repeal of mandate for the Medicare and Medicaid Coverage Data Bank; and (4) the issuance of advisory opinions under SSA title XI. (Sec. 15204) Revises exceptions to the prohibition against physician referrals to an entity in which the referring physician has an ownership or investment relationship to: (1) repeal the site-of- service requirement for excepted in-office ancillary services; (2) revise the exceptions for services furnished in a rural area and for pre-paid plans; and (3) add new exceptions for shared facility services and services furnished in communities with no alternative providers, in ambulatory surgical centers, in renal dialysis facilities, in a hospice, or in a comprehensive outpatient rehabilitation facility. (Sec. 15214) Directs the Secretary to publish a notice in the Federal Register soliciting proposals for: (1) modifications to existing safe harbors; (2) additional safe harbors; and (3) special fraud alerts. Requires publication of such proposals in the Federal Register and issuance of final implementing rules by the Secretary as appropriate after consideration of any public comments received. (Sec. 15216) Provides for prior notice of changes in billing and claims processing requirements for physicians' services. (Sec. 15221) Outlines various specified measures designed to promote physician self-policing, including antitrust exemption for certain activities of medical self-regulatory entities. Subtitle D: Medical Liability Reform - Outlines various specified measures with respect to health care liability, including, among other things, changes establishing: (1) a statute of limitations for health care liability actions; (2) a limitation on noneconomic damages; and (3) standards for alternative dispute resolution used to resolve such an action or claim. (Sec. 15301) Exempts from this subtitle an action for damages arising from a vaccine-related injury or death to the extent that the Public Health Service Act applies. Subtitle E: Teaching Hospitals and Graduate Medical Education - Adds a new SSA title XXII (Teaching Hospitals and Graduate Medical Education Trust Fund) establishing in the Treasury the Teaching Hospital and Graduate Medical Education Trust Fund, consisting of the Indirect-Costs Medical Education Account, the Medicare Direct-Costs Medical Education Account, and the General Direct-Costs Medical Education Account. Prescribes requirements: (1) governing payments from such trust fund to teaching hospitals; and (2) providing for a temporary advisory panel which shall develop recommendations to the Congress with regard to the financing of teaching hospitals and graduate medical education, Federal policies regarding international medical graduates, and the dependence of medical schools on service- generated income. Authorizes appropriations. (Sec. 15412) Modifies payment policies under Medicare regarding graduate medical education. Subtitle F: Provisions Relating to Medicare Part A - Outlines various specified technical revisions in Medicare Part A rural and urban hospital and skilled nursing facility payment requirements, providing for various reductions in payment updates, disproportionate share payment adjustments, and other specified adjustments and payment-related changes. Includes chiefly among such technical revisions: (1) a reduction in payments to hospitals for enrollees' bad debts; (2) establishment of the rural emergency access care hospital program; (3) establishment of a program of incentives for cost-effective management of covered non-routine services of skilled nursing facilities; and (4) standards for the certification of skilled nursing facilities. (Sec. 15507) Makes permanent the pass-through payment to hospitals with respect to the costs of administering blood-clotting factors to hemophilia inpatients. (Sec. 15508) Provides for coverage as hospitals and skilled nursing facilities of Christian Science sanatoria certified by the Commission for Accreditation of Christian Science Nursing Organizations-Facilities, Inc. (Sec. 15511) Requires the Medicare Payment Review Commission established by this Act to study and report to the Congress on the impact of the designation of hospitals as sole community hospitals under the Medicare program on the delivery of health care services to individuals in rural areas. (Sec. 15527) States that, in order to ensure that Medicare beneficiaries are furnished appropriate extended care services, the Secretary shall establish and implement a medical review process to examine the effects of the amendments made by this subtitle on the quality of extended care services furnished to Medicare beneficiaries. (Sec. 15528) Requires the Medicare Payment Review Commission to report to the Congress on the system under which payment is made under Medicare for extended care services of skilled nursing facilities. Subtitle G: Provisions Relating to Medicare Part B - Revises specified Medicare Part B requirements, among other things: (1) replacing the volume performance standard for payments for physicians' services with a sustainable growth rate; (2) eliminating formula- driven overpayments for certain outpatient hospital services; and (3) reducing updates to payment amounts for clinical diagnostic laboratory tests. Makes other specified payment changes similar in nature with regard to durable medical equipment, while also providing for a seven- year freeze in inflation updates in payments for ambulatory surgical center services. (Sec. 15607) Provides for payments for up to 80 percent of the reasonable costs of rural emergency access care hospital services. (Sec. 15611) Provides for permanent extension of the Medicare part B premium, with a new formula for monthly premiums higher than 50 percent of the monthly actuarial rate. (Sec. 15612) Provides for certain part B premium increases for individuals with modified adjusted gross incomes for a taxable year in excess of certain threshold amounts, or decreases if the actual modified adjusted gross income is less than the initially determined amount. Subtitle H: Provisions Relating to Medicare Parts A and B - Amends SSA title XVIII to provide for Medicare payment for home health services in accordance with various specified guidelines. (Sec. 15701) Includes payment for prosthetics and orthotics along with payment for durable medical equipment under Medicare part A. (Sec. 15702) Provides for maintaining savings resulting from a temporary freeze on payment increases for home health services, basing updates to per visit cost limits on the limits for FY 1993. (Sec. 15703) Amends the Omnibus Budget Reconciliation Act of 1986 to extend through FY 1996 the waiver of presumption of lack of knowledge of exclusion from coverage for home health agencies. (Sec. 15711) Provides, with regard to Medicare as secondary payer, for: (1) extension and expansion of existing requirements; (2) recovery against third party administrators of primary plans; and (3) prohibition of retroactive application (before April 24, 1995) of a certain policy directive regarding end stage renal disease beneficiaries enrolled in primary plans. (Sec. 15721) Specifies Medicare budget targets for FY 1997 through 2002, with a formula for determination of such targets in subsequent fiscal years. Requires adjustment in applicable payment rates or payments for items and services in a sector of Medicare services for a fiscal year if the fee-for-service expenditures for that sector will exceed its allotment ("failsafe budget mechanism"). Requires such adjustment to result in a reduction by 133 1/3 percent of the amount of such excess. Specifies the sectors of Medicare services, as well as the formula for determining each sector's fiscal year allotment. Requires an annual report by the Board of Trustees of the Federal Hospital Insurance Trust Fund on the growth in Medicare part A expenditures. Establishes the Medicare Information Advisory Committee, and requires the Secretary, with the Committee's assistance, to adopt standards for Medicare information transactions and data elements in order to reduce the administrative costs of providing and paying for health care, and to make Medicare information uniformly available for electronic exchange. (Sec. 15741) Provides that nothing in SSA title XVIII may be construed to prohibit coverage under Medicare part A or B of items and services associated with the use of a medical device in the furnishing of inpatient or outpatient hospital services (including outpatient diagnostic imaging services) solely on the grounds that the device is not an approved device, if it is an investigational device and is used instead of either an approved device or a covered procedure. States that the amount of Medicare payment for any item or service associated with the use of an investigational device may not exceed the amount of the payment which would have been made for the item or service if it were associated with the use of an approved device or covered procedure. (Sec. 15742) Excludes from Medicare coverage items or services used for euthanasia. Subtitle I: Clinical Laboratories - Amends the Public Health Service Act to exempt from certification requirements under such Act clinical laboratories in physician offices (except when performing pap smear analysis).
United States · United States Congress · 21 September 1995
TABLE OF CONTENTS: Title I: Preventing Fraud and Abuse Title II: Regulatory Relief Safeguarding Medicare Integrity Act of 1995 - Title I: Preventing Fraud and Abuse - Directs the Secretary of Health and Human Services to: (1) make certain ongoing efforts to alert Medicare beneficiaries of any fraud or abuse committed against the Medicare program as well as of the toll-free telephone line for reporting such fraud and abuse; (2) provide an explanation of Medicare benefits with respect to each item or service for which payment may be made regardless of whether or not a deductible or co-payment may be imposed; and (3) issue special Medicare-related fraud alerts upon request after investigation. Directs the Secretary to establish certain incentive programs to: (1) encourage the reporting of Medicare fraud and abuse; and (2) collect information on program efficiency. (Sec. 103) Amends title XVIII (Medicare) of the Social Security Act (SSA) to revise contracting requirements, allowing imposition of intermediate sanctions for specified program violations in lieu of contract termination under guidelines for the payment of health maintenance organizations and competitive medical plans. Applies such sanctions to any Medicare program violation. (Sec. 104) Amends SSA title XI (General Provisions and Peer Review) to direct the Secretary to establish a voluntary disclosure program for an individual or entity with information on acts or omissions of such individual or entity which constitute grounds for a sanction. Authorizes the Secretary to waive or mitigate any applicable sanction in the event of such a voluntary disclosure. (Sec. 105) Amends SSA title XI to revise current sanctions, increasing criminal fines and establishing a minimum period of exclusion for certain individuals and entities subject to permissive exclusion. (Sec. 106) Amends SSA title XVIII (Medicare) to create the Medicare Integrity Program for contracting with eligible entities to conduct various anti-fraud and abuse review and audit activities. Establishes the Anti-Fraud and Abuse Trust Fund in the Treasury, consisting of specified fines, penalties, and amounts transferred from the Federal Hospital Trust Fund and the Federal Supplementary Medical Insurance Trust Fund, to carry out such activities. Provides for a direct appropriation of funds to carry out the program. Prohibits any agency or organization (including fiscal intermediaries and insurance carriers) from carrying out any such activities that have been contracted out. (Sec. 107) Permits Medicare carriers to carry out prior authorization for certain items of durable medical equipment. (Sec. 108) Directs the Attorney General to establish a Health Care Anti-Fraud Task Force within the Department of Justice to prosecute health care fraud offenses. (Sec. 109) Directs the Administrator of the Health Care Financing Administration (acting through the Office of Research and Development) to contract with a private entity to study for a report to Congress on the adequacy of private quality assurance programs and consumer protections used by eligible organizations with risk-sharing contracts under Medicare, including an analysis of the effectiveness of such organizations in protecting enrollees against the risk of insufficient provision of benefits which may result from utilization controls. Title II: Regulatory Relief - Amends SSA title XI to provide for regulatory relief with regard to: (1) the imposition of civil monetary and anti-kickback penalties (and associated exceptions); and (2) the effect and application of safe harbor exceptions. (Sec. 203) Provides for solicitation of proposals for and publication of modifications to existing safe harbors and addition of new ones. (Sec. 204) Directs the Secretary to issue advisory opinions regarding prohibited remuneration, inducements to reduce or limit Medicare or Medicaid services, or qualification of any activity or proposed activity for the imposition of specified sanctions. Prohibits advisory opinions with respect to fair market value of goods, services, or property, or to an individual's status as a bona fide employee.
![Official portrait of Rep. Bilirakis, Michael [R-FL-9]](https://www.congress.gov/img/member/b000463_200.jpg)