United States · United States Congress · 14 December 2000
Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 - Title I: Medicare Beneficiary Improvements - Subtitle A: Improved Preventive Benefits - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for: (1) coverage of biennial screening pap smear and pelvic exams; (2) coverage of screening for glaucoma; (3) coverage of screening colonoscopy for average risk individuals; (4) revision of payments and standards for screening mammography; and (5) coverage of medical nutrition therapy services for beneficiaries with diabetes or a renal disease. Subtitle B: Other Beneficiary Improvements - Amends SSA title XVIII to provide for: (1) acceleration of reduction of beneficiary copayment for hospital outpatient department (OPD) services; (2) preservation of coverage of drugs and biologicals under Medicare part B (Supplementary Medical Insurance); (3) elimination of time limitation on Medicare benefits for immunosuppressive drugs; and (4) imposition of certain billing limits on drugs. (Sec. 115) Amends SSA title II (Old Age, Survivors and Disability Insurance) (OASDI) to provide for a waiver of 24-month waiting period for Medicare coverage of individuals disabled with amyotrophic lateral sclerosis. Subtitle C: Demonstration Projects and Studies - Outlines: (1) a Health and Human Services (HHS) demonstration project for disease management for severely chronically ill Medicare beneficiaries; (2) HHS demonstration projects for cancer prevention and treatment for ethnic and racial minorities; (3) a National Academy of Sciences study of the addition of coverage of routine thyroid screening using a thyroid stimulating hormone test as a preventive benefit provided to Medicare beneficiaries; (4) a Medicare Payment Advisory Commission (MEDPAC) study on consumer coalitions in marking Medicare+Choice (SSA title XVIII part C) plans; (5) an HHS study on the effect of limitations on State payment for Medicare cost-sharing on access to services for qualified Medicare beneficiaries; (6) HHS studies on preventive interventions in primary care for older Americans; (7) a MEDPAC study on Medicare coverage of cardiac and pulmonary rehabilitation therapy services; and (8) the Lifestyle Modification Program Demonstration project. Title II: Rural Health Care Improvements - Subtitle A: Critical Access Hospital Provisions - Amends SSA title XVII to: (1) prohibit beneficiary cost-sharing for clinical diagnostic laboratory tests furnished by critical access hospitals; (2) increase the amount a critical access hospital may elect to be paid for outpatient critical access hospital (OCAH) services with respect to the fee schedule payment for OCAH professional services; (3) exempt critical access hospital swing beds from the skilled nursing facility (SNF) prospective payment system (PPS); (4) provide for payment in critical access hospitals for emergency room on-call physicians; and (5) provide for the treatment of ambulance services furnished by certain critical access hospitals. (Sec. 206) Requires the General Accounting Office (GAO) to study certain eligibility requirements for critical access hospitals. Subtitle B: Other Rural Hospitals Provisions - Amends SSA title XVIII with regard to payment to hospitals for inpatient hospital services to provide for: (1) application of a uniform threshold for urban and rural hospitals to be classified as disproportionate share hospitals (DSHs) for discharges occurring on or after October 1, 2001; (2) adjustment of payment formulas for various specified hospitals, including hospitals that are both sole community hospitals and rural referral centers for discharges occurring during such period; (3) an option to base eligibility for the Medicare dependent, small rural hospital program on discharges during two of the three most recently audited cost reporting periods; and (4) extension of the option to use rebased target amounts to all sole community hospitals. (Sec. 214) Directs MEDPAC, in its study and report to Congress on rural providers under The Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999 to analyze the impact of volume on the per unit cost of rural hospitals with psychiatric units, and recommend whether special treatment for such hospitals may be warranted. Subtitle C: Other Rural Provisions - Amends SSA title XVIII with regard to special payment rules for particular items and services to provide transitional assistance for providers of ambulance services in rural areas. (Sec. 222) Amends SSA title XVIII part B with regard to the use of carriers for administration of benefits concerning payment for certain physician assistant services. (Sec. 223) Amends BBA'97 to: (1) set a time limit for Medicare reimbursement for telehealth services; and (2) provide for an expansion of Medicare payment for such services. (Sec. 224) Amends SSA title XVIII part B to provide for expanding access to rural health clinics. (Sec. 225) Directs MEDPAC to study the effect of low patient and procedure volume on the financial status of low-volume, isolated rural health care providers participating in Medicare. Title III: Provisions Relating to Part A - Subtitle A: Inpatient Hospital Services - Amends SSA title XVIII to provide for revision of the acute care hospital payment update for 2001 . (Sec. 301) Directs the Secretary, when rebasing and revising the hospital market basket index, to consider the prices of blood and blood products purchased by hospitals and to determine whether those prices are adequately reflected in such index. Amends SSA title XVIII with respect to payment to hospitals for inpatient hospital services and updating previous standardized amounts to provide for: (1) an adjustment for inpatient case mix changes; (2) modification of the transition for indirect medical education percentage adjustment for DSHs; and (3) decreases in reductions for DSH payments. (Sec. 304) Provides for a three-year effective period for any decision of the Medicare Geographic Classification Review Board to reclassify a DSH for purposes of adjusting the diagnosis-related group (DRG) prospective payment rate for hospital wage level area differences for FY 2001 or any fiscal year thereafter. Requires the Secretary to establish procedures under which a DSH hospital may elect to terminate such reclassification before the end of such period. Directs the Secretary to: (1) establish a process under which an appropriate statewide entity may apply to have all the geographic areas in a State treated as a single geographic area for purposes of computing and applying the area wage index; and (2) provide for the collection of data every three years on occupational mix for employees of each DSH in the provision of inpatient hospital services in order to construct an occupational mix adjustment in the applicable hospital area wage index. (Sec. 305) Amends SSA title XVIII with respect to prospective payment for inpatient rehabilitation hospital services and: (1) assistance with administrative costs associated with completion of patient assessment; as well as (2) a rehabilitation facility election to apply full prospective payment rate without phase-in. (Sec. 306) Provides that, with respect to the inpatient services of psychiatric hospitals and certain psychiatric units, in making incentive payments to such hospitals for cost reporting periods from October 1, 2000, through October 1, 2001, the Secretary shall increase the percent of the target amount used in determining such payments. (Sec. 307) Amends SSA title XVIII to provide for: (1) increased target amounts and caps for long-term care hospitals before implementation of the PPS required under the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999 for payment for inpatient hospital services provided in long-term care hospitals; and (2) alternative implementation of such PPS by the Secretary based on the use of existing hospital DRGs that have been modified. Subtitle B: Adjustments to PPS Payments for Skilled Nursing Facilities - Amends SSA title XVIII with respect to payment to SNFs for routine service costs to revise updating requirements, among other changes eliminating the reduction in the skilled nursing facility market basket update in 2001. (Sec. 311) Directs the Comptroller General to report to Congress on the adequacy of Medicare payment rates to SNFs and the extent to which Medicare contributes to the financial viability of such facilities. (Sec. 312) Directs the Secretary to increase the nursing component of the case-mix adjusted Federal prospective payment rate specified in the final rule published in the Federal Register by the Health Care Financing Administration on July 31, 2000, effective for services furnished on or after April 1, 2001, and before October 1, 2002. Requires the Comptroller General to conduct an audit for Congress of nursing staffing ratios in a representative sample of Medicare SNFs. (Sec. 313) Amends SSA title XVIII to limit application of the SNF consolidated billing requirement to a period during which the resident is provided Medicare part A (Hospital Insurance) covered post-hospital extended care services. Requires the Secretary to monitor payments made under Medicare part B for items and services furnished to SNF residents during a time in which they are not being provided Medicare covered post-hospital extended care services, in order to ensure that there is not duplicate billing for services or excessive services provided. (Sec. 314) Provides that, for purposes of computing payments for certain covered SNF services, the Secretary shall increase the adjusted Federal per diem rate for covered SNF services for specified RUG-III (resource utilization group) rehabilitation groups furnished to an individual during the period in which such individual is classified in such a RUG-III category. Directs the HHS Inspector General to review the Medicare payment structure for services classified within RUGs and report to Congress on whether payment incentives exist for the delivery of inadequate care. (Sec. 315) Authorizes the Secretary to establish a procedure for the geographic reclassification of a SNF for purposes of payment for covered SNF services under the PPS for SNFs for routine service costs. Subtitle C: Hospice Care - Amends SSA title XVIII to provide for an increase in the payment base for hospice care for FY 2001. (Sec. 322) Requires that the certification regarding an individual's terminal illness be based on the physician's or medical director's clinical judgment regarding the normal course of the illness. (Sec. 323) Directs MEDPAC to study the factors affecting the use of hospice benefits under Medicare program and differences in such use between urban and rural hospice programs and based upon the presenting condition of the patient. Subtitle D: Other Provisions - Amends SSA title XVIII to provide for a reduction in Medicare part A late enrollment premium increases (penalty) for a qualified State or local government retiree group in the case where a State, a local government, or an agency or instrumentality of a State or local government, determines to pay, for the life of each individual in such a group, the monthly premiums due. Title IV: Provisions Relating to Part B - Subtitle A: Hospital Outpatient Services - Amends SSA title XVIII with respect to the PPS for hospital OPD services to provide for: (1) a full market basket increase for such services for 2001; (2) adjustment for service mix changes; (3) use of categories in determining eligibility of a device for pass-through payments; (4) application of OPD PPS transitional corridor payments to certain hospitals that did not submit a 1996 cost report; (5) treatment of children's hospitals under the PPS; and (6) inclusion of temperature monitored cryoablation in transitional pass-through for certain medical devices, drugs, and biologicals under the PPS. (Sec. 404) Provides that, for purposes of making determinations of provider-based status under Medicare on or after October 1, 2000, any facility or organization that is treated as provider-based in relation to a hospital or critical access hospital under Medicare as of October 1, 2000: (1) shall continue to be treated as provider-based in relation to such hospital or critical access hospital under Medicare during the two year period beginning on October 1, 2000; and (2) the requirements, limitations, and exclusions specified in appropriate Federal regulations detailing requirements for a determination that a facility or an organization has provider-based status shall not apply to such facility or organization in relation to such hospital or critical access hospital until after the end of such two year period. Prohibits a facility or organization for which a determination of provider-based status in relation to a hospital or critical access hospital is requested during FY 2001 or 2002 from being treated as not having such status in relation to such a hospital for any period before a determination is made with respect to such status pursuant to such request and in making a determination with respect to such status for any facility or organization in relationship to such a hospital on or after October 1, 2000, the facility or organization shall be treated as satisfying any requirements and standards for geographic location in relation to such a hospital if the facility or organization: (1) satisfies appropriate Federal regulations pertaining to location in immediate vicinity or is located not more than 35 miles from the main campus of the hospital or critical access hospital; and (2) is owned and operated by a hospital or critical access hospital that meets specified criteria. Subtitle B: Provisions Relating to Physicians' Services - Directs the Comptroller General to study: (1) the appropriateness of furnishing in physicians' offices specialist physicians' services which are ordinarily furnished in hospital outpatient departments; and (2) the refinements to the practice expense relative value units during the transition to a resource-based practice expense system for physician payments under Medicare. (Sec. 412) Amends SSA title XVIII to require the Secretary to conduct demonstration projects to test and, if proven effective, expand the use of incentives to health care groups participating in Medicare that: (1) encourage coordination of the care furnished to individuals under Medicare parts A and B by institutional and other providers, practitioners, and suppliers of health care items and services; (2) encourage investment in administrative structures and processes to ensure efficient service delivery; and (3) reward physicians for improving health outcomes. (Sec. 413) Directs the Comptroller General to study the current Medicare enrollment process for groups that retain independent contractor physicians with particular emphasis on hospital-based physicians. Subtitle C: Other Services - Amends SSA title XVIII to provide for a one-year extension of the moratorium on certain physical therapy services caps. (Sec. 421) Directs the Secretary to study the implications: (1) of eliminating the "in the room" supervision requirement for Medicare payment for services of physical therapy assistants supervised by physical therapists; and (2) of such requirement on the cap imposed under Medicare on physical therapy services. (Sec. 422) Amends SSA title XVIII with respect to Medicare coverage for end stage renal disease (ESRD) patients to increase the update for dialysis services furnished on or after January 1, 2001. Directs the Secretary to: (1) collect data and develop an ESRD market basket whereby the Secretary can estimate, before the beginning of a year, the percentage by which the costs for the year of the mix of labor and nonlabor goods and services included in the ESRD composite rate will exceed the costs of such mix for the preceding year; and (2) develop a system which includes in such composite rate, to the maximum extent feasible, payment for clinical diagnostic laboratory tests and drugs that are routinely used in furnishing dialysis services to Medicare beneficiaries, but which are currently separately billable by renal dialysis facilities. (Sec. 423) Amends SSA title XVIII with respect to payment for ambulance services to provide for: (1) restoration of the full consumer price index (CPI) increase for 2001; and (2) continued phase-in of the application of the payment rates under the ambulance services fee schedule in an efficient and fair manner; except that when the Secretary implements such fee schedule, such phase-in shall provide for full payment of any national mileage rate for ambulance services provided by suppliers that are paid by carriers in any of the 50 States where payment by a carrier for such services for all such suppliers in such State, before the fee schedule's implementation, did not include a separate amount for all mileage within the county from which the beneficiary is transported. (Sec. 424) Prohibits the Secretary from implementing a revised PPS for services of ambulatory surgical facilities before January 1, 2002. Amends the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999 with respect to the phase-in of the PPS for ambulatory surgical centers to: (1) extend the phase-in to four years; and (2) direct the Secretary, by January 1, 2003, to incorporate data from a 1999 Medicare cost survey or a subsequent cost survey for purposes of implementing or revising such PPS. (Sec. 425) Amends SSA title XVIII, with respect to special payment rules for particular items and services, to provide for: (1) the full update for durable medical equipment, orthotics, and prosthetics in 2001; and (2) addition of special payment provisions and requirements for prosthetics and certain custom fabricated orthotic items. (Sec. 428) Amends SSA title XVIII to provide for the replacement of, and payment for, prosthetic devices and parts. (Sec. 429) Directs the Comptroller General to study the reimbursement for drugs and biologicals under the current Medicare payment methodology and for related services under Medicare part B, with recommendations for revised payment methodologies. Directs the Secretary to revise such payment methodology based on such recommendations. (Sec. 430) Amends SSA title XVIII with respect to the PPS for hospital OPD services to direct the Secretary to create additional groups of covered OPD services that classify separately those procedures that utilize contrast agents from those that do not. (Sec. 431) Amends SSA title XVIII part D (Miscellaneous) to revise the qualifications for community mental health centers under provisions defining partial hospitalization services. (Sec. 432) Directs the Secretary to make payment under Medicare part B to a hospital or an ambulatory clinic that is operated by the Indian Health Service (IHS) or by an Indian tribe or tribal organization for specified services furnished in or at the direction of the hospital or clinic as if such services were furnished in or at the direction of such hospital or clinic that was not operated by the IHS, tribe, or organization. Prohibits payment from being made for such services under Medicare part B to the extent that payment is otherwise made for such services under Medicare. (Sec. 433) Directs the Comptroller General to study the effect on Medicare and on Medicare beneficiaries of coverage of surgical first assisting services of certified registered nurse first assistants. (Sec. 434) Directs MEDPAC to study the appropriateness of: (1) the current Medicare payment rates for services provided by a certified nurse-midwife, a physician assistant, a nurse practitioner, and a clinical nurse specialist; and (2) Medicare coverage for services provided by a surgical technologist, a marriage counselor, a marriage and family therapist, a pastoral care counselor, and a licensed professional counselor of mental health. (Sec. 436) Directs the Comptroller General to study: (1) the costs of providing emergency and medical transportation services across the range of acuity levels of conditions for which such transportation services are provided; (2) the post-payment audit process under Medicare as such process applies to physicians; and (3) the aggregate effects of regulatory, audit, oversight, and paperwork burdens on physicians and other health care providers participating in Medicare. (Sec. 438) Directs MEDPAC to study the barriers to coverage and payment for outpatient interventional pain medicine procedures under Medicare. Title V: Provisions Relating to Parts A and B - Subtitle A: Home Health Services - Amends SSA title XVIII to provide for a one-year additional delay in the application of the 15 percent reduction on payment limits for home health services. (Sec. 501) Amends the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999 to delay for an additional year the 15 percent reduction in payment rates for home health services after implementation of the PPS. Requires the Comptroller General, instead of the Secretary (as currently required), to report to Congress an analysis of the need for such a reduction. Amends SSA title XVIII with regard to the PPS for home health services concerning the annual update to provide for an adjustment for case mix changes. (Sec. 502) Amends SSA title XVIII to provide for restoration of the full home health market basket update for home health services for FY 2001. Establishes a special rule for payment under the PPS for home health services for FY 2001 based on adjusted prospective payment amounts. (Sec. 503) Provides that, in the case of certain home health agencies that were receiving periodic interim payments under Medicare as of September 30, 2000, the Secretary shall make a single two-month periodic interim payment to such agency. (Sec. 504) Amends SSA title XVIII to provide for the use of telehealth in the delivery of home health services. (Sec. 505) Directs the Comptroller General to study variations in prices paid by home health agencies furnishing home health services under Medicare in purchasing nonroutine medical supplies and volumes if such supplies used determine the effect (if any) of variations on prices and volumes in the provision of such services. (Sec. 506) Provides that, in determining for Medicare purposes whether an office of a home health agency constitutes a branch office or a separate home health agency, neither the time nor distance between a parent office of the home health agency and a branch office shall be the sole determinant of a home health agency's branch office status. (Sec. 507) Amends SSA title XVIII with regard to the Medicare home health benefit to declare that absences from home to receive medical treatment shall not disqualify an individual from such benefit. (Sec. 508) Provides for a temporary payment increase for home health services furnished in a rural area for 2001 and 2002. Subtitle B: Direct Graduate Medical Education - Amends SSA title XVIII to provide for an increase in the floor for direct graduate medical education payments for FY 2002. (Sec. 512) Changes the distribution formula for Medicare+Choice-related nursing and allied health education costs. Subtitle C: Changes in Medicare Coverage and Appeals Process - Amends SSA title XVIII to revise the Medicare appeals process. Provides for initial determinations of entitlement and benefits by the Secretary, by a utilization and quality control peer review organization, or by an independent contractor. Provides for redeterminations of denied benefit claims. Specifies appeals rights, including the right of an individual to request a medically exigent review from the contractor who made the initial determination. (Sec. 522) Provides for the review of coverage determinations under the Medicare appeals process. Amends SSA title XI to require any advisory committee on certain Medicare coverage exclusions to: (1) assure the full participation of a nonvoting member in its deliberations; and (2) provide such nonvoting member access to all information and data (with certain exceptions) made available to the committee's voting members. Provides that, if such committee organizes into panels of experts according to types of items or services, any such panel may report directly to the Secretary without prior approval. Subtitle D: Improving Access to New Technologies - Amends SSA title XVIII to establish a new payment rule for any clinical diagnostic laboratory test performed on or after January 1, 2001, that is a new test for which no limitation amount has previously been established. (Sec. 531) Directs the Secretary to: (1) establish procedures for coding and payment determinations for the categories of new clinical diagnostic laboratory tests and new durable medical equipment under Medicare part B that permit public consultation in a manner consistent with the procedures established for implementing coding modifications for ICD-9-CM; and (2) report to Congress on the specific procedures used under Medicare part B to adjust payments for clinical diagnostic laboratory tests and durable medical equipment which are classified to existing codes where, because of a technology advance, there has been a significant increase or decrease in the resources used in the test or in the manufacture of the equipment, and a significant improvement in test or equipment performance. (Sec. 532) Directs the Secretary to: (1) maintain and continue through December 31, 2003, the use of level III codes of the HCPCS (Health Care Financing Administration (HCFA) Common Procedure Coding System) coding system (as such system was in effect on August 16, 2000); and (2) make such codes publicly available. (Sec. 533) Directs the Secretary to: (1) report to Congress on methods of expeditiously incorporating new medical services and technologies into the clinical coding system used with respect to Medicare payment for inpatient hospital services, together with a detailed description of the Secretary's preferred methods to achieve this purpose; and (2) implement such preferred methods. Amends SSA title XVIII to direct the Secretary to establish a mechanism to recognize the costs of new medical services and technologies with respect to inpatient hospital services under the hospital reimbursement control system. Subtitle E: Other Provisions - Amends SSA title XVIII to reduce from 45 percent to 30 percent the reduction in the amount of bad debts otherwise treated as allowable costs attributable to the deductibles and coinsurance amounts under Medicare for FY 2001 and subsequent fiscal years in determining the reasonable costs of outpatient hospital services (thus increasing by 15 percent the amount that may be reimbursed). (Sec. 542) Provides for the treatment of certain physician pathology services under Medicare. (Sec. 543) Amends SSA title XI to make permanent the authority for the Secretary to issue written advisory opinions under provisions for guidance regarding application of health care fraud and abuse sanctions. (Sec. 544) Amends SSA title XVIII to make various specified changes in annual MEDPAC reporting with regard to revision of deadlines for submission of reports and on the record votes on recommendations. (Sec. 545) Directs the Secretary to report to specified congressional committees on the development of standard instruments for the assessment of the health and functional status of patients, for whom specified items and services are furnished. (Sec. 546) Directs the Comptroller General to report to specified congressional committees on the effect of the Emergency Medical Treatment and Active Labor Act on hospitals, emergency physicians, and physicians covering emergency department call throughout the United States. (Sec. 547) Prohibits payment increases relating to the acute care hospital payment update, indirect costs of graduate medical education percentage adjustment, and DSH payments from applying to discharges occurring after FY 2001 and from being taken into account in calculating the payment amounts applicable for discharges occurring after such fiscal year. Provides for: (1) similar treatment with respect to SNF services; and (2) a transitional allowance for full market basket increase with respect to home health services as well as a temporary increase for rural home health services. Prohibits payment increases relating to the following matters from applying after calendar year 2001 and from being taken into account in calculating the payment amounts applicable for items and services furnished after such year: (1) covered OPD services; (2) renal dialysis services paid for on a composite rate basis; (3) ambulance services; (4) durable medical equipment; and (5) prosthetic devices and orthotics and prosthetics. Title VI: Provisions Relating to Part C (Medicare+Choice Program) and Other Medicare Managed Care Provisions - Subtitle A: Medicare+Choice Payment Reforms - Amends SSA title XVIII part C with regard to payments to Medicare+Choice organizations to: (1) increase the minimum payment amount and the minimum percentage increase; and (2) provide for a phase-in of risk adjustment. (Sec. 604) Provides for a transition to revised Medicare+Choice payment rates. (Sec. 605) Amends SSA title XVIII part C to provide for revision of payment rates for ESRD patients enrolled in Medicare+Choice plans. (Sec. 606) Amends SSA title XVIII part C with regard to premiums to permit Medicare part B premium reductions as additional benefits under Medicare+Choice plans. (Sec. 607) Amends SSA title XVIII part C with regard to payments to Medicare+Choice organizations to: (1) ensure full implementation of risk adjustment methodology for congestive heart failure enrollees for 2001; and (2) provide for the expansion of the application of Medicare+Choice's new entry bonus. (Sec. 609) Directs the Secretary to report to Congress on a method to phase-in the costs of military facility services furnished by the Department of Veterans Affairs, and those furnished by the Department of Defense, to Medicare-eligible beneficiaries in the calculation of an area's Medicare+Choice capitation payment. Subtitle B: Other Medicare+Choice Reforms - Amends SSA title XVIII part C to provide for payment of additional amounts for new Medicare+Choice benefits covered during a contract term. (Sec. 612) Prohibits the Secretary from implementing, other than at the beginning of a calendar year, regulations that impose significant regulatory requirements on a Medicare+Choice organization or plan. (Sec. 613) Provides for timely approval of marketing material that follows model marketing language, and for avoiding duplicative regulation with respect to plan requirements. (Sec. 615) Provides that, in the case of a Medicare+Choice organization that offers a Medicare+Choice plan in an area in which more than one local coverage policy is applied with respect to different parts of the area, the organization may elect to have the local coverage policy for the part of the area that is most beneficial to Medicare+Choice enrollees apply with respect to all Medicare+Choice enrollees enrolled in the plan. (Sec. 616) Requires: (1) the quality assurance program under the Medicare+Choice program to include a separate focus on racial and ethnic minorities; and (2) the Secretary to submit to Congress a report regarding how such quality assurance programs focus on racial and ethnic minorities. (Sec. 617) Authorizes the Secretary to waive or to modify requirements that hinder the design of, the offering of, or enrollment in Medicare+Choice plans under contracts between Medicare+Choice organizations and employers, labor organizations, or the trustees of a fund established by one or more employers or labor organizations (or combination thereof) to furnish benefits to the entity's employees, former employees (or combination thereof), or to members or former members (or combination thereof) of the labor organizations. (Sec. 618) Amends SSA title XVIII part D with regard to special Medicare supplemental health insurance enrollment anti-discrimination provision for certain beneficiaries. (Sec. 619) Amends SSA title XVIII part C to restore the effective date of elections and changes of elections of Medicare+Choice plans. (Sec. 620) Permits ESRD beneficiaries to enroll in another Medicare+Choice plan if the plan in which they are enrolled is terminated. (Sec. 621) Provides that, in covering post-hospital extended care services, a Medicare+Choice plan shall provide for such coverage through a home SNF if: (1) the enrollee elects to receive such coverage through such SNF; and (2) the SNF has a contract with the Medicare+Choice organization for the provision of such services, or the SNF agrees to accept substantially similar payment under the same terms and conditions that apply to similarly situated SNFs under contract with the Medicare+Choice organization through which the enrollee would otherwise receive such services. (Sec. 622) Directs HCFA's Chief Actuary to review the actuarial assumptions and data used by the Medicare+Choice organization with respect to such rates, amounts, and values to determine the appropriateness of such assumptions and data. (Sec. 623) Amends SSA title XVIII to provide for increased civil monetary penalties for Medicare+Choice organizations that terminate contracts mid-year. Subtitle C: Other Managed Care Reforms - Amends the Omnibus Budget Reconciliation Act of 1987 to provide for a one-year extension of the social health maintenance organization demonstration project authority. (Sec. 632) Amends the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999 to provide for revised terms and conditions for extension of Medicare community nursing organization demonstration project. (Sec. 633) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to provide for a two-year extension of Medicare municipal health services demonstration projects. (Sec. 634) Amends SSA title XVIII part D with regard to payments to health maintenance organizations and competitive medical plans and service area expansion for Medicare cost contracts during transition period. Title VII: Medicaid - Amends SSA title XIX with respect to DSH payments and: (1) continuation of Medicaid DSH allotments at FY 2000 levels for FY 2001 and 2002; and (2) a special rule for Medicaid DSH allotment for extremely low DSH States. (Sec. 701) Outlines provisions for: (1) assuring identification of Medicaid managed care patients for purposes of making DSH payments; (2) application of the Medicaid DSH transition rule to public hospitals in all States; (3) assistance for certain public hospitals; and (4) DSH payment accountability standards. (Sec. 702) Amends SSA title XIX to create a new PPS for Federally-qualified health centers and rural health clinics. (Sec. 703) Amends SSA XI to establish an approval process for a State's application for an extension of any State-wide comprehensive demonstration project for which a waiver of compliance with Medicaid requirements is granted. (Sec. 704) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 with respect to Medicaid county-organized health systems. (Sec. 705) Directs the Secretary to issue a final regulation based on the proposed rule announced on October 5, 2000, that: (1) modifies the upper payment limit test applied to State Medicaid spending for inpatient hospital services, outpatient hospital services, nursing facility services, intermediate care facility services for the mentally retarded, and clinic services by applying an aggregate upper payment limit to payments made to government facilities that are not State-owned or operated facilities; and (2) provides for a specified transition period. (Sec. 706) Prescribes a formula for the Federal medical assistance percentage for Alaska for purposes of SSA titles XIX and XXI (State Children's Health Insurance Program) (SCHIP), which shall be applicable only for FY 2001 through 2005. (Sec. 707) Provides for a one-year extension of provisions on eligibility for medical assistance (welfare-to-work transition) under Medicaid. (Sec. 708) Makes additional entities qualified to determine Medicaid presumptive eligibility for low-income children. (Sec. 709) Directs the Secretary to develop and distribute to States a simplified application form for use by individuals in applying for medical assistance for Medicare cost-sharing under Medicaid. Title VIII: State Children's Health Insurance Program - Amends SSA title XXI to: (1) establish a rule for redistribution and extended availability of unused FY 1998 and 1999 SCHIP allotments; (2) provide authority to pay Medicaid expansion SCHIP costs from SCHIP appropriations; (3) eliminate requirement to reduce a SCHIP allotment by Medicaid expansion SCHIP costs; (4) provide authority to transfer SCHIP appropriations to the Medicaid appropriation account as reimbursement for Medicaid expenditures for Medicaid expansion SCHIP services; and (5) provide for application of Medicaid child presumptive eligibility provisions under SCHIP. Title IX: Other Provisions - Subtitle A: PACE Program - Amends BBA '97 with respect to programs of all-inclusive care for the elderly (PACE programs) to provide for an extension of transition for the current PACE demonstration project waiver authority. (Sec. 902) Amends SSA title XVIII with respect to payments to, and coverage of benefits under, PACE programs, and regulations and use of PACE protocol to provide for the continuation of modifications or waivers of operational requirements under demonstration status. (Sec. 903) Directs the Secretary to approve or deny a request for a modification or a waiver of provisions of the PACE protocol not later than 90 days after the Secretary receives the request, in order to provide flexibility in exercising waiver authority. Permits the Secretary to exercise authority to modify or to waive such provisions in a manner that responds promptly to the needs of PACE programs relating to areas of employment and the use of community-based primary care physicians in order to provide flexibility in exercising waiver authority. Subtitle B: Outreach to Eligible Low-Income Medicare Beneficiaries - Amends SSA title XI to direct the Commissioner of Social Security to: (1) conduct outreach efforts to identify individuals entitled to Medicare benefits who may be eligible for medical assistance for payment of the cost of Medicare cost-sharing under Medicaid; and (2) notify such individuals of the availability of such medical assistance. (Sec. 911) Directs the Comptroller General to conduct a study Congress on the impact of such outreach efforts on the enrollment of individuals for Medicare cost-sharing under Medicaid. Subtitle C: Maternal and Child Health Block Grant - Amends SSA title V (Maternal and Child Health Services) to increase the authorization of appropriations for the Maternal and Child Health Services block grant for FY 2001 and each fiscal year thereafter. Subtitle D: Diabetes - Amends the Public Health Service Act to increase FY 2001 through 2003 appropriations for special diabetes programs for children with type I diabetes and for special diabetes programs for Indians. (Sec. 931) Amends BBA '97 to extend the final report on diabetes grant programs. (Sec. 932) Amends the Ricky Ray Hemophilia Relief Fund Act of 1998 to make appropriations to the Ricky Ray Hemophilia Relief Fund for FY 2001. Subtitle E: Information on Nurse Staffing - Amends SSA titles XVIII and XIX to require a SNF and a nursing facility to post daily for each shift the current number of licensed and unlicensed nursing staff directly responsible for resident care in the facility. Subtitle F: Adjustment of Multiemployer Plan Benefits Guaranteed - Amends the Employee Retirement Income Security Act of 1974 to provide for adjustment of multiemployer plan benefits guaranteed.
United States · United States Congress · 14 December 2000
Commodity Futures Modernization Act of 2000 - Title I: Commodity Futures Modernization - Amends the Commodity Exchange Act to authorize appropriations for authorities and activities under such Act. Revises specified provisions, including: (1) over-the-counter derivatives; (2) futures exchange regulation; (3) contracts; (4) prohibited transactions; and (5) boards of trade. Title II: Coordinated Regulation of Security Futures Products - Subtitle A: Securities Law Amendments - Amends the Securities Exchange Act of 1934 respecting: (1) regulatory relief for markets and intermediaries trading security futures products; and (2) and interagency cooperation. Subtitle B: Amendments to the Commodity Exchange Act - Amends the Commodity Exchange Act respecting Securities and Exchange Commission jurisdiction. Title III: Legal Certainty for Swap Agreements - Amends the Gramm-Leach-Bliley Act, the Securities Act of 1933, and the Securities Exchange Act of 1934 respecting swap agreements. Title IV: Regulatory Responsibility for Bank Products - Legal Certainty for Bank Products Act of 2000 - Excludes specified banking products and swap agreements from Commodity Futures Exchange Commission coverage.
United States · United States Congress · 25 October 2000
Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 - Title I: Medicare Beneficiary Improvements - Subtitle A: Improved Preventive Benefits - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for coverage of: (1) biennial (currently, triennial) screening pap smear and pelvic exams; (2) screening for glaucoma for high-risk individuals; and (3) screening colonoscopy for average risk individuals. (Sec. 104) Revises provisions for payments and standards for screening mammography. Outlines payment for certain screening mammographies that use a specified new technology. (Sec. 105) Amends SSA title XVIII to provide for coverage of specified medical nutrition therapy services for certain beneficiaries with diabetes or a renal disease. Directs the Secretary of Health and Human Services (HHS) to report to Congress any recommendations with respect to the expansion to other Medicare beneficiary populations of such medical nutrition therapy services benefit. Subtitle B: Other Beneficiary Improvements - Amends SSA title XVIII with regard to the prospective payment system(PPS) for hospital outpatient department (ODP) services, reducing the upper limit on beneficiary copayment. (Sec. 111) Directs the Comptroller General to evaluate and report to Congress on the extent to which the premium levels for Medicare supplemental (Medigap) policies reflect the reductions in copayment resulting from this subtitle. (Sec. 112) Amends SSA title XVIII to include as "medical and other health services," for coverage purposes, drugs and biologicals which are not usually self-administered by the patient (currently, drugs and biologicals which cannot be self-administered). (Sec. 113) Eliminates the time limitation on Medicare benefits for immunosuppressive drugs. (Sec. 114) Provides for the imposition of billing limits on prescription drugs. Subtitle C: Demonstration Projects and Studies - Directs the Secretary to conduct a demonstration project with respect to the impact on costs and on health outcomes of applying disease management to eligible Medicare beneficiaries with diagnosed, advanced-stage congestive heart failure, diabetes, or coronary heart disease. (Sec. 122) Directs the Secretary to conduct demonstration projects for the purpose of developing models and evaluating methods that: (1) improve the quality of items and services provided to target individuals in order to facilitate reduced disparities in early detection and treatment of cancer; (2) improve clinical outcomes, satisfaction, quality of life, and appropriate use of Medicare-covered services and referral patterns among those target individuals with cancer; (3) eliminate disparities in the rate of preventive cancer screening measures among target individuals; and (4) promote collaboration with community-based organizations to ensure cultural competency of health care professionals and linguistic access for persons with limited English proficiency. Directs the Secretary to: (1) evaluate best practices in the private sector, community programs, and academic research of methods that reduce disparities among individuals of racial and ethnic minority groups in the prevention and treatment of cancer; (2) design the demonstration projects based on such evaluation; and (3) implement at least nine such projects, including two for each of the four major racial and ethnic minority groups. Provides that if a report on the cost-effectiveness of the demonstration projects contains an evaluation that they reduce or do not increase Medicare expenditures, reduce racial and ethnic health disparities in the quality of health care services provided to target individuals, and increase satisfaction of beneficiaries and health care providers, the Secretary shall continue the existing projects, and may expand their numbers. Provides for funding. (Sec. 123) Directs the Secretary to request the National Academy of Sciences to study and report to Congress on the addition of Medicare coverage of routine thyroid screening using a thyroid stimulating hormone test as a preventive benefit. (Sec. 124) Directs the Medicare Payment Advisory Commission (MEDPAC) to study and report to Congress on the use of consumer coalitions in the marketing of Medicare+Choice (Medicare part C (Medicare+Choice) plans. (Sec. 125) Directs the Secretary to study and report to Congress on whether access to certain services (including mental health services) for qualified Medicare beneficiaries has been affected by limitations on a State's payment for Medicare cost-sharing for such beneficiaries. (Sec. 126) Directs the Secretary to contract with the Institute of Medicine to study and report to Congress and the Secretary on the appropriateness of waiving the 24-month waiting period for Medicare disability eligibility for individuals with amyotrophic lateral sclerosis (ALS) and other similar diseases. (Sec. 127) Requires the Secretary to conduct a series of studies for a report to Congress identifying preventive interventions most valuable to older Americans that can be delivered in the primary care setting. Amends the mission statement of the United States Preventive Services Task Force to include the evaluation of services of particular relevance to older Americans. (Sec. 128) Directs MEDPAC to study and report to Congress on Medicare coverage of cardiac and pulmonary rehabilitation therapy services. Title II: Rural Health Care Improvements - Subtitle A: Critical Access Hospital Provisions - Amends SSA title XVIII with regard to special payment rules for particular items and services to: (1) prohibit the application of beneficiary cost-sharing under Medicare part B (Supplementary Medical Insurance) to clinical diagnostic laboratory services furnished as an outpatient critical access hospital service; (2) increase the amount a critical access hospital may elect to be paid for outpatient critical access hospital (OCAH) services with respect to the fee schedule payment for OCAH professional services; (3) direct the Secretary to cover the reasonable costs for emergency room on-call physicians; and (4) provide for the treatment of ambulance services furnished by certain critical access hospitals. (Sec. 203) Amends SSA title XVIII with regard to payment to skilled nursing facilities (SNFs) for routine service costs to: (1) exempt critical access hospital swing beds from the SNF PPS; and (2) base payment on a reasonable cost basis for swing bed services furnished by critical access hospitals. (Sec. 206) Directs the Comptroller General to study and report to Congress on the eligibility requirements for Medicare critical access hospitals with respect to limitations on average length of stay and number of beds in such a hospital. Subtitle B: Other Rural Hospitals Provisions - Amends SSA title XVIII with regard to payment to hospitals for inpatient hospital services to provide for: (1) application of a uniform threshold for urban and rural hospitals to be classified as disproportionate share hospitals (DSHs) for discharges occurring on or after April 1, 2001; (2) adjustment of payment formulas for various specified hospitals, including hospitals that are both sole community hospitals and rural referral centers for discharges occurring during such period; (3) establishment of the option to base eligibility for the Medicare dependent, small rural hospital program on discharges during two of the three most recently audited cost reporting periods; and (4) extension of the option to use rebased target amounts to all sole community hospitals. (Sec. 214) Directs MEDPAC, in its study of and report to Congress on rural providers under BBRA, to analyze the impact of volume on the per unit cost of rural hospitals with psychiatric units, and recommend whether special treatment for such hospitals may be warranted. Subtitle C: Other Rural Provisions - Amends SSA title XVIII with regard to special payment rules for particular items and services to provide transitional assistance for providers of ambulance services in rural areas. (Sec. 221) Directs the Comptroller General to study and report to Congress on the: (1) cost of efficiently providing ambulance services for trips originating in rural areas; and (2) means by which rural areas with low population densities can be identified for the purpose of designating areas in which, because of low usage, the cost of providing ambulance services would be expected to be higher than similar services provided in more heavily populated areas. (Sec. 222) Amends SSA title XVIII part B with regard to the use of carriers for administration of benefits concerning payment for certain physician assistant services. (Sec. 223) Amends BBA'97 to: (1) set a time limit for Medicare reimbursement for telehealth services; and (2) provide for an expansion of Medicare payment for such services. Directs the Secretary to study and report to Congress on additional: (1) settings and sites for the provision of telehealth services; (2) practitioners that may be reimbursed for furnishing telehealth services; and (3) geographic areas in which telehealth services may be reimbursed. (Sec. 224) Amends SSA title XVIII part B to provide for expanding access to rural health clinics. (Sec. 225) Directs MEDPAC to study and report to Congress on the effect of low patient and procedure volume on the financial status of low-volume, isolated rural health care providers participating in Medicare. Title III: Provisions Relating to Part A - Subtitle A: Inpatient Hospital Services - Amends SSA title XVIII to revise the acute care hospital payment update for 2001, with a special rule for payment for FY 2001 for inpatient hospital services furnished by DSH hospitals. (Sec. 301) Directs the Secretary, when rebasing and revising the hospital market basket index, to consider the prices of blood and blood products purchased by hospitals and to determine whether those prices are adequately reflected in such index. Requires MEDPAC to study and report to Congress on: (1) any increased costs incurred by DSHs in providing inpatient hospital services to Medicare beneficiaries during the period from October 1, 1983, through September 30, 1999, that were attributable to complying with new blood safety measure requirements and providing such services using new technologies; (2) the extent to which the PPS for such services provides adequate and timely recognition of such increased costs; (3) the prospects for cost increases that hospitals will incur in providing such services that are attributable to complying with new blood safety measure requirements and providing such services using new technologies during the ten years after enactment of this Act; and (4) the feasibility and advisability of establishing mechanisms under such PPS to provide for more timely and accurate recognition of such cost increases in the future. Amends SSA title XVIII with respect to payment to hospitals for inpatient hospital services and updating previous standardized amounts to provide for: (1) an adjustment for inpatient case mix changes; (2) modification of the transition for indirect medical education percentage adjustment for DSHs; and (3) decreases in reductions for DSH payments. (Sec. 304) Provides for a three-year effective period for any decision of the Medicare Geographic Classification Review Board to reclassify a DSH for purposes of adjusting the diagnosis-related group (DRG) prospective payment rate for hospital wage level area differences for FY 2001 or any fiscal year thereafter. Requires the Secretary to establish procedures under which a DSH hospital may elect to terminate such reclassification before the end of such period. Directs the Secretary to: (1) establish a process under which an appropriate statewide entity may apply to have all the geographic areas in a State treated as a single geographic area for purposes of computing and applying the area wage index; and (2) provide for the collection of data every three years on occupational mix for employees of each DSH in the provision of inpatient hospital services in order to construct an occupational mix adjustment in the applicable hospital area wage index. (Sec. 305) Amends SSA title XVIII with respect to prospective payment for inpatient rehabilitation hospital services and: (1) assistance with administrative costs associated with completion of patient assessment; and (2) a rehabilitation facility election to apply full prospective payment rate without phase-in. (Sec. 306) Provides that, with respect to the inpatient services of psychiatric hospitals and certain psychiatric units, in making incentive payments to such hospitals for cost reporting periods from October 1, 2000, through October 1, 2001, the Secretary shall increase the percent of the target amount used in determining such payments. (Sec. 307) Amends SSA title XVIII to provide for: (1) increased target amounts and caps for long-term care hospitals before implementation of the PPS required under the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999 for payment for inpatient hospital services provided in long-term care hospitals; and (2) alternative implementation of such PPS by the Secretary based on the use of existing hospital DRGs that have been modified. Subtitle B: Adjustments to PPS Payments for Skilled Nursing Facilities - Amends SSA title XVIII with respect to payment to SNFs for routine service costs to revise updating requirements, among other changes eliminating the reduction in the skilled nursing facility market basket update in 2001. (Sec. 311) Directs the Comptroller General to report to Congress on the adequacy of Medicare payment rates to SNFs and the extent to which Medicare contributes to the financial viability of such facilities. Requires the Secretary to study and report to Congress on the different systems for categorizing patients in Medicare SNFs in a manner that accounts for the relative resource utilization of different patient types. (Sec. 312) Directs the Secretary to increase the nursing component of the case-mix adjusted Federal prospective payment rate specified in the final rule published in the Federal Register by the Health Care Financing Administration on July 31, 2000, effective for services furnished on or after April 1, 2001, and before October 1, 2002. Requires the Comptroller General to conduct an audit for a report to Congress on nursing staffing ratios in a representative sample of Medicare SNFs. (Sec. 313) Amends SSA title XVIII to limit application of the SNF consolidated billing requirement to a period during which the resident is provided Medicare part A (Hospital Insurance) covered post-hospital extended care services. Requires the Secretary to monitor payments made under Medicare part B for items and services furnished to SNF residents during a time in which they are not being provided Medicare covered post-hospital extended care services, in order to ensure that there is not duplicate billing for services or excessive services provided. (Sec. 314) Provides that, for purposes of computing payments for certain covered SNF services, the Secretary shall increase the adjusted Federal per diem rate for covered SNF services for specified RUG-III (resource utilization group) rehabilitation groups furnished to an individual during the period in which such individual is classified in such a RUG-III category. Directs the HHS Inspector General to review the Medicare payment structure for services classified within RUGs and report to Congress on whether payment incentives exist for the delivery of inadequate care. (Sec. 315) Authorizes the Secretary to establish a procedure for the geographic reclassification of a SNF for purposes of payment for covered SNF services under the PPS for SNFs for routine service costs. Subtitle C: Hospice Care - Amends SSA title XVIII to provide for a full market basket increase for hospice care for FY 2001. (Sec. 322) Requires that the certification regarding an individual's terminal illness be based on the physician's or medical director's clinical judgment regarding the normal course of the illness. Directs the Secretary to study and report to Congress on the appropriateness of requiring such a certification in order for an individual to receive hospice benefits under Medicare. (Sec. 323) Directs MEDPAC to study and report to Congress on the factors affecting the use of hospice benefits under Medicare program and differences in such use between urban and rural hospice programs and based upon the presenting condition of the patient. Subtitle D: Other Provisions - Amends SSA title XVIII to provide for a reduction in Medicare part A late enrollment premium increases (penalty) for a qualified State or local government retiree group in the case where a State, a local government, or an agency or instrumentality of a State or local government, determines to pay, for the life of each individual in such a group, the monthly premiums due. Title IV: Provisions Relating to Part B - Subtitle A: Hospital Outpatient Services - Amends SSA title XVIII with respect to the PPS for hospital OPD services to provide for: (1) a full market basket increase for such services for 2001; (2) adjustment for service mix changes; (3) use of categories in determining eligibility of a device for pass-through payments; (4) application of OPD PPS transitional corridor payments to certain hospitals that did not submit a 1996 cost report; (5) treatment of children's hospitals under the PPS; and (6) inclusion of temperature monitored cryoablation in transitional pass-through for certain medical devices, drugs, and biologicals under the PPS. (Sec. 404) Provides that, for purposes of making determinations of provider-based status under Medicare on or after October 1, 2000, any facility or organization that is treated as provider-based in relation to a hospital or critical access hospital under Medicare as of October 1, 2000: (1) shall continue to be treated as provider-based in relation to such hospital or critical access hospital under Medicare during the two year period beginning on October 1, 2000; and (2) the requirements, limitations, and exclusions specified in appropriate Federal regulations detailing requirements for a determination that a facility or an organization has provider-based status shall not apply to such facility or organization in relation to such hospital or critical access hospital until after the end of such two year period. Prohibits a facility or organization for which a determination of provider-based status in relation to a hospital or critical access hospital is requested during FY 2001 or 2002 from being treated as not having such status in relation to such a hospital for any period before a determination is made with respect to such status pursuant to such request and in making a determination with respect to such status for any facility or organization in relationship to such a hospital on or after October 1, 2000, the facility or organization shall be treated as satisfying any requirements and standards for geographic location in relation to such a hospital if the facility or organization: (1) satisfies appropriate Federal regulations pertaining to location in immediate vicinity or is located not more than 35 miles from the main campus of the hospital or critical access hospital; and (2) is owned and operated by a hospital or critical access hospital that meets specified criteria. Subtitle B: Provisions Relating to Physicians' Services - Directs the Comptroller General to study and report to Congress on: (1) the appropriateness of furnishing in physicians' offices specialist physicians' services which are ordinarily furnished in hospital outpatient departments; and (2) the refinements to the practice expense relative value units during the transition to a resource-based practice expense system for physician payments under Medicare. (Sec. 412) Amends SSA title XVIII to require the Secretary to conduct demonstration projects to test and, if proven effective, expand the use of incentives to health care groups participating in Medicare that: (1) encourage coordination of the care furnished to individuals under Medicare parts A and B by institutional and other providers, practitioners, and suppliers of health care items and services; (2) encourage investment in administrative structures and processes to ensure efficient service delivery; and (3) reward physicians for improving health outcomes. (Sec. 413) Directs the Comptroller General to study and report to Congress on the current Medicare enrollment process for groups that retain independent contractor physicians with particular emphasis on hospital-based physicians. Subtitle C: Other Services - Amends SSA title XVIII to provide for a one-year extension of the moratorium on certain physical therapy services caps. (Sec. 421) Directs the Secretary to study and report to Congress on the implications: (1) of eliminating the "in the room" supervision requirement for Medicare payment for services of physical therapy assistants supervised by physical therapists; and (2) of such requirement on the cap imposed under Medicare on physical therapy services. (Sec. 422) Amends SSA title XVIII with respect to Medicare coverage for end stage renal disease (ESRD) patients to increase the update for dialysis services furnished on or after January 1, 2001. Directs the Secretary to: (1) collect data and develop an ESRD market basket whereby the Secretary can estimate, before the beginning of a year, the percentage by which the costs for the year of the mix of labor and nonlabor goods and services included in the ESRD composite rate will exceed the costs of such mix for the preceding year; and (2) develop a system which includes in such composite rate, to the maximum extent feasible, payment for clinical diagnostic laboratory tests and drugs that are routinely used in furnishing dialysis services to Medicare beneficiaries, but which are currently separately billable by renal dialysis facilities. Directs the Comptroller General to study and report to Congress on the access of Medicare beneficiaries to renal dialysis services. (Sec. 423) Amends SSA title XVIII with respect to payment for ambulance services to provide for: (1) restoration of the full consumer price index (CPI) increase for 2001; and (2) continued phase-in of the application of the payment rates under the ambulance services fee schedule in an efficient and fair manner; except that when the Secretary implements such fee schedule, such phase-in shall provide for full payment of any national mileage rate for ambulance services provided by suppliers that are paid by carriers in any of the 50 States where payment by a carrier for such services for all such suppliers in such State, before the fee schedule's implementation, did not include a separate amount for all mileage within the county from which the beneficiary is transported. (Sec. 424) Prohibits the Secretary from implementing a revised PPS for services of ambulatory surgical facilities before January 1, 2002. Amends BBRA with respect to the phase-in of the PPS for ambulatory surgical centers to: (1) extend the phase-in to four years; and (2) direct the Secretary, by January 1, 2003, to incorporate data from a 1999 Medicare cost survey or a subsequent cost survey for purposes of implementing or revising such PPS. (Sec. 425) Amends SSA title XVIII, with respect to special payment rules for particular items and services, to provide for: (1) the full update for durable medical equipment, orthotics, and prosthetics in 2001; and (3) addition of special payment provisions and requirements for prosthetics and certain custom fabricated orthotic items. Directs the Comptroller General to study and report to Congress on Health Care Financing Administration (HCFA) Ruling 96-1, issued on September 1, 1996, with respect to distinguishing orthotics from durable medical equipment under Medicare. (Sec. 428) Amends SSA title XVIII to provide for the replacement of, and payment for, prosthetic devices and parts. (Sec. 429) Directs the Comptroller General to study and report to Congress and the Secretary on the reimbursement for drugs and biologicals under the current Medicare payment methodology and for related services under Medicare part B, with recommendations for revised payment methodologies. Directs the Secretary to revise such payment methodology based on such recommendations. (Sec. 430) Amends SSA title XVIII with respect to the PPS for hospital OPD services to direct the Secretary to create additional groups of covered OPD services that classify separately those procedures that utilize contrast media from those that do not. (Sec. 431) Amends SSA title XVIII part D (Miscellaneous) to revise the qualifications for community mental health centers under provisions defining partial hospitalization services. (Sec. 432) Makes a hospital or a free-standing ambulatory care clinic, whether operated by the Indian Health Service or by an Indian tribe or tribal organization, eligible for payments for services for which payment is made under Medicare part B for physicians' services if and for so long as it meets all of the requirements which are applicable generally to such payments, services, hospitals, and clinics. (Sec. 433) Directs the Comptroller General to study and report to Congress on the effect on Medicare and on Medicare beneficiaries of coverage of surgical first assisting services of certified registered nurse first assistants. (Sec. 434) Directs MEDPAC to study and report to Congress on the appropriateness of: (1) the current Medicare payment rates for services provided by a certified nurse-midwife, a physician assistant, a nurse practitioner, and a clinical nurse specialist; and (2) Medicare coverage for services provided by a surgical technologist, a marriage counselor, a marriage and family therapist, a pastoral care counselor, and a licensed professional counselor of mental health. (Sec. 436) Directs the Comptroller General to study and report to Congress on: (1) the costs of providing emergency and medical transportation services across the range of acuity levels of conditions for which such transportation services are provided; (2) the post-payment audit process under Medicare as such process applies to physicians; and (3) the aggregate effects of regulatory, audit, oversight, and paperwork burdens on physicians and other health care providers participating in Medicare. (Sec. 438) Directs MEDPAC to study and report to Congress on the barriers to coverage and payment for outpatient interventional pain medicine procedures under Medicare. Title V: Provisions Relating to Parts A and B - Subtitle A: Home Health Services - Amends SSA title XVIII to provide for a one-year additional delay in the application of the 15 percent reduction on payment limits for home health services. (Sec. 501) Amends BBRA to delay for an additional year the 15 percent reduction in payment rates for home health services after implementation of the PPS. Requires the Comptroller General, instead of the Secretary (as currently required), to report to Congress an analysis of the need for such a reduction. Amends SSA title XVIII with regard to the PPS for home health services concerning the annual update to provide for an adjustment for case mix changes. (Sec. 502) Amends SSA title XVIII to provide for restoration of the full home health market basket update for home health services for FY 2001. Establishes a special rule for payment under the PPS for home health services for FY 2001 based on adjusted prospective payment amounts. (Sec. 503) Provides for a temporary two-month extension of periodic interim payments under BBA '97 in the case of a home health agency receiving periodic interim payments as of September 30, 2000. (Sec. 504) Amends SSA title XVIII to provide for the use of telehealth in the delivery of home health services. (Sec. 505) Directs the Comptroller General to study and report to Congress on variations in prices paid by home health agencies furnishing home health services under Medicare in purchasing nonroutine medical supplies and volumes if such supplies used determine the effect (if any) of variations on prices and volumes in the provision of such services. (Sec. 506) Provides that, in determining for Medicare purposes whether an office of a home health agency constitutes a branch office or a separate home health agency, neither the time nor distance between a parent office of the home health agency and a branch office shall be the sole determinant of a home health agency's branch office status. Directs the Comptroller General to study and report to Congress on the provision of adequate supervision to maintain quality of home health services delivered under Medicare in isolated rural areas. (Sec. 507) Amends SSA title XVIII with regard to the Medicare home health benefit to declare that absences from home to receive medical treatment shall not disqualify an individual from such benefit. Directs the Comptroller General to evaluate and report to Congress on the effect of such amendment on the cost of and access to home health services under Medicare. Subtitle B: Direct Graduate Medical Education - Amends SSA title XVIII to provide for an increase in the floor for direct graduate medical education payments for FY 2002. (Sec. 512) Changes the distribution formula for Medicare+Choice-related nursing and allied health education costs. Subtitle C: Changes in Medicare Coverage and Appeals Process - Amends SSA title XVIII to revise the Medicare appeals process. Provides for initial determinations of entitlement and benefits by the Secretary, by a utilization and quality control peer review organization, or by an independent contractor. Provides for redeterminations of denied benefit claims. Specifies appeals rights. (Sec. 522) Provides for the review of coverage determinations under the Medicare appeals process. Amends SSA title XI to require any advisory committee on certain Medicare coverage exclusions to: (1) assure the full participation of a nonvoting member in its deliberations; and (2) provide such nonvoting member access to all information and data (with certain exceptions) made available to the committee's voting members. Provides that, if such committee organizes into panels of experts according to types of items or services, any such panel may report directly to the Secretary without prior approval. Subtitle D: Improving Access to New Technologies - Amends SSA title XVIII to establish a new payment rule for any clinical diagnostic laboratory test performed on or after January 1, 2001, that is a new test for which no limitation amount has previously been established. (Sec. 531) Directs the Secretary to: (1) establish procedures for coding and payment determinations for the categories of new clinical diagnostic laboratory tests and new durable medical equipment under Medicare part B that permit public consultation in a manner consistent with the procedures established for implementing coding modifications for ICD-9-CM; and (2) report to Congress on the specific procedures used under Medicare part B to adjust payments for clinical diagnostic laboratory tests and durable medical equipment which are classified to existing codes where, because of a technology advance, there has been a significant increase or decrease in the resources used in the test or in the manufacture of the equipment, and a significant improvement in test or equipment performance. (Sec. 532) Directs the Secretary to: (1) maintain and continue through December 31, 2003, the use of level III codes of the HCPCS (HCFA Common Procedure Coding System) coding system (as such system was in effect on August 16, 2000); and (2) make such codes publicly available. (Sec. 533) Directs the Secretary to: (1) report to Congress on methods of expeditiously incorporating new medical services and technologies into the clinical coding system used with respect to Medicare payment for inpatient hospital services, together with a detailed description of the Secretary's preferred methods to achieve this purpose; and (2) implement such preferred methods. Amends SSA title XVIII to direct the Secretary to establish a mechanism to recognize the costs of new medical services and technologies with respect to inpatient hospital services under the hospital reimbursement control system. Subtitle E: Other Provisions - Amends SSA title XVIII to reduce from 45 percent to 30 percent the reduction in the amount of bad debts otherwise treated as allowable costs attributable to the deductibles and coinsurance amounts under Medicare for FY 2001 and subsequent fiscal years in determining the reasonable costs of outpatient hospital services. (Thus increases by 15 percent the amount that may be reimbursed.) (Sec. 542) Provides for the treatment of certain physician pathology services under Medicare. Directs the Comptroller General to study and report to Congress on the effects of this treatment on hospitals and laboratories and access of fee-for-service Medicare beneficiaries to the technical component of physician pathology services. (Sec. 543) Amends SSA title XI to make permanent the authority for the Secretary to issue written advisory opinions under provisions for guidance regarding application of health care fraud and abuse sanctions. (Sec. 544) Amends SSA title XVIII to make various specified changes in annual MEDPAC reporting with regard to revision of deadlines for submission of reports and on the record votes on recommendations. (Sec. 545) Directs the Secretary to submit to the Committee on Ways and Means and the Committee on Commerce of the House of Representatives and the Committee on Finance of the Senate a report on the development of standard instruments for the assessment of the health and functional status of patients, for whom specified items and services are furnished, and include in the report a recommendation on the use of such standard instruments for payment purposes. (Sec. 546) Directs the Comptroller General to report to specified congressional committees on the effect of the Emergency Medical Treatment and Active Labor Act on hospitals, emergency physicians, and physicians covering emergency department call throughout the United States. Title VI: Provisions Relating to Part C (Medicare+Choice Program) and Other Medicare Managed Care Provisions - Subtitle A: Medicare+Choice Payment Reforms - Amends SSA title XVIII part C (Medicare+Choice) with regard to payments to Medicare+Choice organizations to: (1) increase the minimum payment amount for 2001 for certain areas; (2) increase the minimum percentage increase for 2001; and (3) provide for a ten-year phase in of risk adjustment. (Sec. 604) Provides for a transition to revised Medicare+Choice payment rates. (Sec. 605) Amends SSA title XVIII part C to provide for revision of payment rates for ESRD patients enrolled in Medicare+Choice plans. (Sec. 606) Amends SSA title XVIII part C with regard to premiums to permit Medicare part B premium reductions as additional benefits under Medicare+Choice plans. (Sec. 607) Amends SSA title XVIII part C with regard to payments to Medicare+Choice organizations to: (1) ensure full implementation of risk adjustment methodology for congestive heart failure enrollees for 2001; and (2) provide for the expansion of the application of Medicare+Choice's new entry bonus. (Sec. 609) Directs the Secretary to report to Congress on a method to phase-in the costs of military facility services furnished by the Department of Veterans Affairs, and those furnished by the Department of Defense, to Medicare-eligible beneficiaries in the calculation of an area's Medicare+Choice capitation payment. Subtitle B: Other Medicare+Choice Reforms - Amends SSA title XVIII part C to provide for payment of additional amounts for new Medicare+Choice benefits covered during a contract term. (Sec. 612) Prohibits the Secretary from implementing, other than at the beginning of a calendar year, regulations that impose, significant regulatory requirements on a Medicare+Choice organization or plan. (Sec. 613) Provides for timely approval of marketing material that follows model marketing language, and for avoiding duplicative regulation with respect to plan requirements. (Sec. 615) Provides that, in the case of a Medicare+Choice organization that offers a Medicare+Choice plan in an area in which more than one local coverage policy is applied with respect to different parts of the area, the organization may elect to have the local coverage policy for the part of the area that is most beneficial to Medicare+Choice enrollees apply with respect to all Medicare+Choice enrollees enrolled in the plan. (Sec. 616) Requires: (1) the quality assurance program under the Medicare+Choice program to include a separate focus on racial and ethnic minorities; and (2) the Secretary to submit to Congress a report regarding how such quality assurance programs focus on racial and ethnic minorities. (Sec. 617) Authorizes the Secretary to waive or to modify requirements that hinder the design of, the offering of, or enrollment in Medicare+Choice plans under contracts between Medicare+Choice organizations and employers, labor organizations, or the trustees of a fund established by one or more employers or labor organizations (or combination thereof) to furnish benefits to the entity's employees, former employees (or combination thereof) or to members or former members (or combination thereof) of the labor organizations. (Sec. 618) Amends SSA title XVIII part D with regard to special Medigap enrollment anti-discrimination provision for certain beneficiaries. (Sec. 619) Amends SSA title XVIII part C to restore the effective date of elections and changes of elections of Medicare+Choice plans. (Sec. 620) Permits ESRD beneficiaries to enroll in another Medicare+Choice plan if the plan in which they are enrolled is terminated. (Sec. 621) Provides that, in covering post-hospital extended care services, a Medicare+Choice plan shall provide for such coverage through a home SNF if: (1) the enrollee elects to receive such coverage through such SNF; and (2) the SNF has a contract with the Medicare+Choice organization for the provision of such services, or the SNF agrees to accept substantially similar payment under the same terms and conditions that apply to similarly situated SNFs under contract with the Medicare+Choice organization through which the enrollee would otherwise receive such services. Requires a MEDPAC report to Congress on the effects of such requirements. (Sec. 622) Directs HCFA's Chief Actuary to review the actuarial assumptions and data used by the Medicare+Choice organization with respect to such rates, amounts, and values to determine the appropriateness of such assumptions and data. Subtitle C: Other Managed Care Reforms - Amends the Omnibus Budget Reconciliation Act of 1987 to provide for a one-year extension of the social health maintenance organization (SHMO) demonstration project authority. (Sec. 632) Amends BBRA to provide for revised terms and conditions for extension of Medicare community nursing organization (CNO) demonstration project. (Sec. 633) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to provide for a two-year extension of Medicare municipal health services demonstration projects. (Sec. 634) Amends SSA title XVIII part D with regard to payments to health maintenance organizations and competitive medical plans and service area expansion for Medicare cost contracts during transition period. Title VII: Medicaid - Amends SSA title XIX (Medicaid) with respect to adjustment in payment for inpatient hospital services furnished by DSH hospitals and the limit on Federal financial participation to provide for: (1) increased allotments for FY 2001 and 2002; and (2) a special rule for Medicaid DSH allotment for extremely low DSH States. (Sec. 701) Amends SSA title XIX with respect to adjustment in payment for inpatient hospital services furnished by DSH hospitals and Medicaid provisions relating to managed care to provide for identification of patients for purposes of making DSH payments. Provides, during a specified period, for application of Medicaid DSH transition rule under BBA '97 to public hospitals in all States, except California. States that beginning with FY 2002, and subject to a specified limitation on expenditures, with respect to a State, payment adjustments made under Medicaid to a specified hospital shall be made without regard to the DSH allotment limitation for the State. Directs the Secretary to implement accountability standards to ensure that Federal funds provided with respect to DSH adjustments made under Medicaid provisions for adjustment in payment for inpatient hospital services furnished by DSH are used to reimburse States and hospitals eligible for such payment adjustments for providing uncompensated health care to low-income patients. (Sec. 702) Amends SSA title XIX to create a new PPS for Federally-qualified health centers and rural health clinics. Directs the Comptroller General to provide for a study and report to Congress on the need for, and how to, rebase or refine costs for making Medicaid payment for services provided by Federally-qualified health centers and rural health clinics. (Sec. 703) Amends SSA XI to establish an approval process for a State's application for an extension of any State-wide comprehensive demonstration project for which a waiver of compliance with Medicaid requirements is granted. (Sec. 704) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 with respect to Medicaid county-organized health systems. (Sec. 705) Directs the Secretary to issue a final regulation based on the proposed rule announced on October 5, 2000, that: (1) modifies the upper payment limit test applied to State Medicaid spending for inpatient hospital services, outpatient hospital services, nursing facility services, intermediate care facility services for the mentally retarded, and clinic services by applying an aggregate upper payment limit to payments made to government facilities that are not State-owned or operated facilities; and (2) provides for a specified transition period. (Sec. 706) Prescribes a formula for the Federal medical assistance percentage for Alaska for purposes of SSA titles XIX and XXI (State Children's Health Insurance) (SCHIP), which shall be applicable only for FY 2001 through 2005. Title VIII: State Children's Health Insurance Program - Amends SSA title XXI to: (1) establish a rule for redistribution and extended availability of unused FY 1998 and 1999 SCHIP allotments; (2) provide authority to pay Medicaid expansion SCHIP costs from SCHIP appropriations; (3) eliminate requirement to reduce SCHIP allotment by Medicaid expansion SCHIP costs; and (4) provide authority to transfer SCHIP appropriations to the Medicaid appropriation account as reimbursement for Medicaid expenditures for Medicaid expansion SCHIP services. Title IX: Other Provisions - Subtitle A: PACE Program - Amends BBA '97 with respect to programs of all-inclusive care for the elderly (PACE programs) to provide for an extension of transition for the current PACE demonstration project waiver authority. (Sec. 902) Amends SSA title XVIII with respect to payments to, and coverage of benefits under, PACE programs, and regulations and use of PACE protocol to provide for the continuation of modifications or waivers of operational requirements under demonstration status. (Sec. 903) Directs the Secretary to approve or deny a request for a modification or a waiver of provisions of the PACE protocol not later than 90 days after the Secretary receives the request, in order to provide flexibility in exercising waiver authority. Permits the Secretary to exercise authority to modify or to waive such provisions in a manner that responds promptly to the needs of PACE programs relating to areas of employment and the use of community-based primary care physicians in order to provide flexibility in exercising waiver authority. Subtitle B: Outreach to Eligible Low-Income Medicare Beneficiaries - Amends SSA title XI to direct the Commissioner of Social Security to: (1) conduct outreach efforts to identify individuals entitled to Medicare benefits who may be eligible for medical assistance for payment of the cost of Medicare cost-sharing under Medicaid; and (2) notify such individuals of the availability of such medical assistance. (Sec. 911) Directs the Comptroller General to study and report to Congress on the impact of such outreach efforts on the enrollment of individuals for Medicare cost-sharing under Medicaid. Subtitle C: Maternal and Child Health Block Grant - Amends SSA title V (Maternal and Child Health Services) to increase the authorization of appropriations for the Maternal and Child Health Services block grant for FY 2001 and each fiscal year thereafter. Subtitle D: Diabetes - Amends the Public Health Service Act to increase FY 2001 through 2003 appropriations for special diabetes programs for children with type I diabetes and for special diabetes programs for Indians. (Sec. 931) Amends BBA '97 to extend the final report on diabetes grant programs. (Sec. 932) Amends the Ricky Ray Hemophilia Relief Fund Act of 1998 to make appropriations to the Ricky Ray Hemophilia Relief Fund for FY 2001.
United States · United States Congress · 17 October 2000
Internet Prescription Drug Consumer Protection Act of 2000 - Amends the Federal Food, Drug, and Cosmetic Act to require each interstate Internet seller to comply with requirements of this Act with respect to the sale or offer of prescription drugs. Requires the seller to: (1) post visibly on its web site home page its street address, the States in which it is authorized as a pharmacy, certain prescriber information, and a statement it will dispense prescription drugs only upon a valid prescription; and (2) disclose such information to State licensing boards. Authorizes each State to bring proceedings against an Internet seller on behalf of affected consumers (requiring notice of such proceedings to the Secretary of Health and Human Services and appropriate Federal agencies). Allows the President to intervene in such actions. Directs the Secretary to: (1) engage in activities to educate the public about the dangers of purchasing prescription drugs from unlawful Internet sources; and (2) recommend to Congress the coordination of activities of Federal agencies regarding Internet sellers that operate from foreign countries with the activities of such foreign governments. Authorizes the President to initiate a civil action to enjoin or restrain the alienation or disposal of property obtained as a result of, or traceable to, a violation of this Act. Authorizes appropriations.
United States · United States Congress · 12 October 2000
Expresses the solidarity of Congress with the state and people of Israel at this time of crisis. Condemns the Palestinian leadership for encouraging the violence and doing so little for so long to stop it. Calls upon the Palestinian leadership to: (1) refrain from exhortations to public incitement; and (2) vigorously use its security forces to act immediately to stop all violence, to show respect for all holy sites, and to settle all grievances through negotiations. Commends successive Administrations on their continuing efforts to achieve peace in the Middle East. Calls upon: (1) the current Administration to use its veto power at the United Nations Security Council to ensure that the Security Council does not again adopt unbalanced resolutions addressing the uncontrolled violence in the areas controlled by the Palestinian Authority; and (2) all involved parties to make all possible efforts to reinvigorate the peace process.
United States · United States Congress · 4 October 2000
Designates a building proposed to be located within the boundaries of the Chincoteague National Wildlife Refuge, on Assateague Island, Virginia, as the Herbert H. Bateman Education And Administrative Center.
United States · United States Congress · 3 October 2000
Financial Accounting for Intangibles Reexamination (FAIR) Act - Expresses the sense of Congress that before changing existing accounting rules for business combinations and intangible assets, the Securities and Exchange Commission and the Financial Accounting Standards Board should undertake a comprehensive reexamination of appropriate accounting methods for purchased and internally generated intangibles including goodwill, and should await the results of related studies of these issues. States that the availability and use of the pooling of interests method of accounting for any business combination shall be determined in accordance with generally accepted accounting principles in effect on October 1, 2000. Establishes the Commission on Financial Accounting for Intangibles to consider specified aspects of: (1) generally accepted accounting principles; (2) intangible assets; and (3) the pooling of interests method of accounting for business combinations. Instructs the Commission to report its recommendations and conclusions to the President and Congress.
United States · United States Congress · 27 September 2000
Requires the Secretary of Defense to revise Department of Defense policy regarding the euthanization of military working dogs to: (1) terminate the practice of euthanizing such dogs at the end of their useful life; and (2) limit such euthanization to when medically necessary or necessary for the public safety. Requires the Secretary to make such a dog available for adoption by law enforcement agencies, former handlers, and other persons capable of humanely caring for such dogs. Requires the commander of the last unit to which the dog is assigned to make the decision whether a particular dog is suitable or unsuitable for adoption. Directs the Secretary to require that any dog recipient hold harmless the United States from any damages or injury caused by a dog after such transfer. Requires an annual report from the Secretary to Congress concerning dogs adopted, waiting for adoption, or euthanized during the preceding year (with an explanation in the case of euthanization).
United States · United States Congress · 26 September 2000
Beneficiary Improvement and Protection Act of 2000 - Title I: Beneficiary Improvements - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for: (1) availability of and assistance in completing qualified Medicare beneficiary and specified low-income Medicare beneficiary application forms; (2) election of colonoscopy instead of a screening sigmoidoscopy, but only once every 119 months; (3) elimination of time limitation on Medicare benefits for immunosuppressive drugs; and (4) preservation of coverage of drugs and biologicals (even if occasionally, but not usually, self-administered) under Medicare part B (Supplementary Medical Insurance). (Sec. 102) Directs the Secretary of Health and Human Services (HHS) to study and report to Congress on whether limitations on State payment for Medicare cost-sharing have affected access to services for qualified Medicare beneficiaries. (Sec. 104) Amends SSA title II (Old Age, Survivors and Disability Insurance) (OASDI) to provide for Medicare coverage of individuals disabled with amyotrophic lateral sclerosis (ALS), without a 24-month waiting period. (Sec. 107) Directs the Secretary to conduct a demonstration project on Medicare coverage of medical nutrition therapy services. Title II: Other Medicare Part B Provisions - Subtitle A: Access to Technology - Directs the Secretary to report to Congress (for publication on the HHS Medicare Internet site) a detailed compilation of the actual time periods necessary to complete and fully implement any national coverage determinations that were made in the previous fiscal year for items, services, or medical devices not previously covered as a Medicare benefit. (Sec. 202) Amends SSA title XVIII part B with regard to the payment of benefits to: (1) make the national limitation amount for clinical diagnostic laboratory test fee schedules equal to 100 percent of national median for new clinical laboratory test technologies; (2) require the Secretary to establish a fee schedule for new clinical laboratory tests in a specified manner; and (3) require the Secretary to establish the use of categories in determining eligibility of a device for pass-through payments under the hospital outpatient prospective payment system (PPS). (Sec. 204) Amends SSA title XVIII part B to provide for an increase in the payment limit for new technologies applied to screening mammography performed beginning in 2001 and determined by the Secretary to enhance the detection of breast cancer. Subtitle B: Provisions Relating to Physicians Services - Directs the Comptroller General to study and report to Congress on the appropriateness of furnishing gastrointestinal endoscopic physicians services in physicians offices. (Sec. 212) Provides for payment to a laboratory instead of to a hospital for certain physician pathology services. (Sec. 213) Amends SSA title XVIII to mandate demonstration projects to test and, if proven effective, expand the use of incentives to participating health care groups that: (1) encourage coordination of the care furnished to individuals under Medicare parts A (Hospital Insurance) and B by institutional and other providers, practitioners, and suppliers of health care items and services; (2) encourage investment in administrative structures and processes to ensure efficient service delivery; and (3) reward physicians for improving health outcomes. (Sec. 214) Directs the Secretary to provide for designation of interventional pain management physicians as a separate category of physician specialists. (Sec. 215) Directs the Secretary to evaluate and report to Congress on the current Medicare enrollment process for medical groups that retain independent contractor physicians with particular emphasis on hospital-based physicians (such as emergency department staffing groups). Subtitle C: Other Services - Amends SSA title XVIII to provide for a three-year moratorium on application of certain skilled nursing facility (SNF) Medicare part B consolidated billing requirements. (Sec. 222) Prohibits the Secretary from implementing a revised PPS for services of ambulatory surgical facilities before January 1, 2002. Amends the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999 to revise provisions on contrast enhanced diagnostic procedures under the hospital PPS, including with regard to the deadline for use of 1999 or later cost surveys. (Sec. 223) Amends SSA title XVIII with respect to the payment of benefits to provide for a one year extension of the moratorium on certain physical therapy caps. (Sec. 224) Amends the Balanced Budget Act of 1997 (BBA '97) to revise requirements for Medicare reimbursement for telehealth services. (Sec. 225) Amends SSA title XVIII with respect to payment for ambulance services to eliminate certain reductions for 2001 and 2002 enacted under BBA '97. Directs the Comptroller General to study and report to Congress on costs of providing ambulance services covered under the Medicare program across the range of service levels for which such services are provided. (Sec. 226) Amends SSA title XVIII with respect to PPS hospital outpatient department (OPD) services system requirements to direct the Secretary to create additional groups of covered OPD services that classify separately those procedures that utilize contrast media from those that do not. (Sec. 227) Amends SSA title XVIII to provide for a ten-year phased in increase from 55 percent to 80 percent in the proportion of hospital bad debt recognized. (Sec. 228) Amends SSA title XVIII with regard to State accreditation of diabetes self-management training programs. (Sec. 229) Amends SSA title XVIII with regard to Medicare coverage for end stage renal disease patients to provide for an increase in the update for renal dialysis composite rate for dialysis services furnished on or after January 1, 2001. Directs the Secretary to report to Congress on a literature review of studies on the impact of oral self-administered prescription non-calcium phosphate binding drugs in reducing the incidence of hospitalization under the Medicare program for Medicare beneficiaries with end stage renal disease. Title III: Medicare Part A and B Provisions - Amends SSA title XVIII to provide for a one year delay in the 15 percent reduction in payment rates under the Medicare PPS for home health services. (Sec. 302) Amends SSA title XI with regard to guidance on application of health care fraud and abuse sanctions to make permanent existing advisory opinion authority, among other changes. (Sec. 303) Provides for: (1) hospital geographic reclassification for labor costs applicable to other PPS systems; and (2) reclassification of a certain Ohio metropolitan statistical area for purposes of Medicare reimbursement. (Sec. 305) Amends SSA title XVIII to: (1) make the Medicare dependent, small rural hospital program permanent; and (2) include as a Medicare dependent, small rural disproportionate share (DSH) hospital one with discharges during any of the three most recent audited cost reporting periods. (Sec. 307) Amends SSA title XI to require a peer review organization to assist providers, practitioners, and Medicare+Choice organizations in identifying and developing strategies to reduce the incidence of actual and potential errors and problems related to patient safety affecting individuals entitled to Medicare benefits. (Sec. 308) Directs the Comptroller General to submit a report to Congress on the effect of the Emergency Medical Treatment and Active Labor Act on hospitals, emergency physicians, and physicians covering emergency department call, focusing on those in Arizona (including Phoenix) and California (including Los Angeles). Title IV: Medicare+Choice Program Stabilization and Improvements - Subtitle A: Payment Reforms - Amends part C (Medicare+Choice) of SSA title XVIII with regard to calculation of annual Medicare+Choice capitation rates increasing the minimum payment amount and the minimum percentage update for 2001. (Sec. 403) Provides for a ten-year phase-in of risk adjustment methodology for payments to Medicare+Choice organizations based on data from all settings. (Sec. 404) Provides for transition to revised Medicare+Choice payment rates. Subtitle B: Administrative Reforms - Amends part C (Medicare+Choice) of SSA title XVIII with regard to: (1) eligibility, election, and enrollment effectiveness of elections and changes of elections; (2) Medicare+Choice program compatibility with employer or union group health plans; and (3) uniform premium and benefits. Title V: Medicaid - Amends SSA title XIX (Medicaid), as amended by the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999, with regard to DSH payments to, among other changes, provide for: (1) continuation of Medicaid DSH allotments at FY 2000 levels for fiscal years 2001 and 2002; (2) higher rate of increase in the Medicaid DSH allotment for extremely low DSH States; and (3) assuring identification of Medicaid managed care patients for purposes of making DSH payments. (Sec. 502) Amends SSA title XIX to establish a PPS for Federally-qualified health centers and rural health clinics. Directs the Comptroller General to provide for a study and report to Congress on the need for, and how to, rebase or refine costs for making Medicaid payment for services provided by such centers and clinics. (Sec. 503) Authorizes a State to elect to provide Medicaid assistance to children and pregnant women who are aliens lawfully residing in the United States for at least two years and otherwise eligible for such assistance. (Sec. 504) Amends SSA title XIX to provide for additional entities qualified to determine Medicaid presumptive eligibility for low-income children. (Sec. 505) Amends SSA title XIX to: (1) extend for one year provisions on eligibility for medical assistance; (2) give States the option to waive administrative reporting requirements for an additional six month extension; and (3) give States the option to exempt themselves from such provisions on eligibility for medical assistance if the State provides Medicaid coverage to needy families with incomes of up to 185 percent of the official poverty line. (Sec. 506) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to increase from ten percent to 14 percent the percentage of all Medicaid beneficiaries in certain California counties a county-organized health insuring organization in such a county may enroll and remain exempt from specified Federal requirements for Medicaid health maintenance organization contracts. (Sec. 507) Amends SSA title XIX to provide for Medicaid recognition for services of physician assistants. Title VI: State Children's Health Insurance Program - Amends SSA title XXI (State Children's Health Insurance Program) with regard to allotments to: (1) add a rule for extended availability and redistribution of FY 1998 and 1999 allotments; and (2) provide for State coverage of children who are aliens lawfully residing in the United States and otherwise eligible for such assistance, but only if the State has elected to do so. Title VII: Extension of Special Diabetes Grant Programs - Amends the Public Health Service Act to extend the funding for juvenile and Indian diabetes grant programs.
United States · United States Congress · 20 September 2000
Richmond National Battlefield Park Act of 2000 - Replaces provisions of law establishing the Richmond National Battlefield Park in Richmond, Virginia, with this Act. Authorizes the Secretary of the Interior to make minor adjustments in Park boundaries. Directs the Secretary to: (1) provide for the establishment of a monument or memorial to honor the 14 Medal of Honor recipients from the United States Colored Troops who fought in the Battle of New Market Heights; and (2) include the role of black Union soldiers in historical interpretations provided at the Park.
United States · United States Congress · 14 September 2000
Small Business Liability Relief Act - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to provide that certain small businesses shall be liable for response costs as non-owners or operators only if the total of material containing a hazardous substance that the business arranged for disposal, transport, or treatment of, or accepted for transport, was greater than 110 pounds of liquid material or 200 pounds of solid material. Makes such exemption to liability inapplicable in cases where the substance could contribute significantly to response costs or where the business has failed to comply with an administrative subpoena or request for information or has impeded a response action. Applies this exemption only to activities taking place before this Act's enactment date. Makes a person liable for response costs for municipal solid waste (MSW) as a non-owner or operator only if the person is not an owner, operator, or lessee of residential property from which all of the person's MSW was generated, or a certain small business or tax-exempt organization that generated all its MSW, with respect to the facility concerned. Provides for liability if a person has failed to comply with an administrative subpoena or request for information or has impeded a response action. Makes persons that commence a contribution action liable to the defendant for all reasonable costs of defending the action if the defendant is not liable based on the above- described exemptions. Adds to the list of parties eligible for expedited final settlements certain persons and small businesses that demonstrate an inability or limited ability to pay response costs. Revises conditions of eligibility for such settlements for de minimis parties. Establishes a moratorium on litigation under CERCLA for recovery or contribution of response costs from any person eligible for an expedited settlement within a specified time frame.
United States · United States Congress · 14 September 2000
Calls for: (1) Congress and the executive branch to communicate directly with elected and appointed top Taiwanese officials; and (2) the United States to revise, with a view toward reducing, restrictions on high-level visits by Taiwanese officials to the United States.
United States · United States Congress · 12 September 2000
Recognizes the historical significance of James Madison's birth, as well as his contributions to the Nation. Urges American patriotic and civil associations, labor organizations, schools, universities, historical societies, and communities of learning and worship, together with citizens throughout the United States, to develop appropriate programs and educational activities to recognize and celebrate the life and achievements of James Madison. Calls on the people of the United States to observe James Madison's life and legacy with appropriate ceremonies and activities.
United States · United States Congress · 7 September 2000
Patient Protection Act of 2000 - Title I: Public Availability of Physician Information in National Practitioner Data Bank - Amends the Health Care Quality Improvement Act of 1986 to direct the Secretary of Health and Human Services to promulgate regulations under which the public may obtain, through the Internet, specified physician information contained in the National Practitioner Data Bank, including patient care incidents. Requires the inclusion of information regarding medical malpractice payments and criminal acts. Title II: Reporting Requirements Regarding National Practitioner Data Bank - Requires the inclusion, within certain reports required for such Data Bank, of information regarding the physician's medical field, date of licensing and years of experience, and professional license number. Requires each State Board of Medical Examiners to report criminal acts of physicians. Requires each physician to report, for the Data Bank, each felony conviction and sets forth sanctions for failure to report. Title III: Duty to Obtain Information - Requires Federal hospitals and State Boards of Medical Examiners to obtain physician information required under this Act. Title IV: General Provisions - Requires the Secretary, on request, to provide State Boards of Medical Examiners a summary of information reported in the Data Bank on physicians licensed in that State.
United States · United States Congress · 6 September 2000
Expresses the sense of Congress that: (1) Taiwan and its people deserve appropriate participation in the United Nations and other international organizations such as the World Health Organization; and (2) the United States should fulfill its commitment made in the 1994 Taiwan Policy Review to support more actively Taiwan's membership in appropriate international organizations.
United States · United States Congress · 24 July 2000
Developmental Disabilities Assistance and Bill of Rights Act of 2000 - Title I: Programs for Individuals with Developmental Disabilities - Subtitle A: General Provisions - Incorporates existing recordkeeping requirements of the Developmental Disabilities Assistance and Bill of Rights Act (the Act). (Sec. 104) Directs the Secretary of Health and Human Services to implement an accountability process to monitor entities that received funds under this Act to carry out activities under subtitles B, C, and D and determine the extent to which they have been responsive to this title's purposes and have taken actions consistent with stated policy. Requires the Secretary to develop a process for identifying and reporting on progress achieved through advocacy, capacity building, and systemic change activities undertaken by such entities that resulted in individuals with developmental disabilities and their families participating in the design of and having access to needed community services, individualized supports, and other assistance that promotes self-determination, independence, productivity, and integration in all facets of community life. Provides for development of indicators of progress for each area of emphasis (defined as areas related to quality assurance, education and early intervention, child care, health, employment, housing, transportation, recreation activities and other services offered to individuals in a community). Requires entities to meet such indicators of progress. Directs the Secretary to maintain the interagency committee authorized under the Act, except as otherwise provided by this Act. (Sec. 105) Requires the Secretary, using information submitted in the reports and required under subtitles B, C, D, and E of this Act, to report to the President, Congress, and the National Council on Disability at least biennially on the goals and outcomes of programs supported under such subtitles. (Sec. 107) Conditions assistance under this title on a recipient taking affirmative action to employ and advance in employment qualified individuals with disabilities on the same terms required with respect to the employment of such individuals under the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. (Sec. 109) Sets forth congressional findings with respect to the rights of individuals with developmental disabilities. Subtitle B: Federal Assistance to State Councils on Developmental Disabilities - Sets forth an allotment formula for assistance to States for services for individuals with developmental disabilities. Establishes minimum allotments. (Sec. 124) Requires States desiring to receive assistance under this subtitle to obtain the Secretary's approval of a five-year strategic plan. Requires plans to: (1) provide for the establishment of State Councils on Developmental Disabilities; (2) identify the State agency designated to support the Council; (3) describe the results of a review and analysis of the extent to which services, supports, and other assistance are available to individuals with developmental disabilities and their families and the extent of unmet needs for such assistance in the State; (4) focus on Council efforts to bring about this subtitle's purposes by specifying five-year goals for advocacy, capacity building, and systemic change related to the areas of emphasis under this Act to be undertaken by the Council; and (5) contain certain assurances and information similar to that required under the Act. Bases plans on public input. (Sec. 125) Requires each State that receives assistance under this subtitle to establish a Council to undertake advocacy, capacity building, and systemic change activities that contribute to a coordinated consumer- and family-centered and directed system of community services, individualized supports, and other assistance that contributes to the achievement of this subtitle's purposes. Sets forth provisions regarding Council appointments and membership rotation similar to those existing under the Act. Requires at least 60 percent of Council membership to consist of: (1) individuals with developmental disabilities; (2) parents or guardians of children with such disabilities; or (3) immediate relatives or guardians of adults with mentally impairing developmental disabilities who cannot advocate for themselves. Incorporates provisions of the Act that bar employees of a State agency that receives funds or provides services under this subtitle or managing employees (as defined in the Social Security Act) of any entity that receives such funds or provides such services from being on Councils. Incorporates provisions similar to those under the Act regarding: (1) Council duties; (2) State agencies designated to provide support to Councils; (3) designated State agency duties; (4) Federal and non-Federal shares of project costs; (5) withholding of payments for certain failures to comply with plan provisions or regulations; and (6) appeals by States of certain actions by the Secretary. (Sec. 129) Authorizes appropriations. Subtitle C: Protection and Advocacy of Individual Rights - Sets forth provisions similar to those under the Act regarding allotment to States of funds for protection and advocacy systems to protect the legal and human rights of individuals with developmental disabilities. Establishes minimum allotments. (Sec. 143) Conditions the receipt of an allotment under this subtitle or subtitle B on certain requirements, including that the: (1) State have a system to protect and advocate the rights of individuals with disabilities; and (2) system have certain legal and investigative authorities and meet other specified requirements. Incorporates provisions similar to those under the Act that authorize an American Indian consortium established to provide protection and advocacy services to receive funding to provide such services. (Sec. 144) Requires systems to submit annual reports to the Secretary. (Sec. 145) Authorizes appropriations. Subtitle D: National Network of University Centers for Excellence in Developmental Disabilities Education, Research, and Service - Directs the Secretary to make five-year grants to University Centers for Excellence in Developmental Disabilities Education, Research, and Service in each State as well as grants for training initiatives related to the unmet needs of individuals with disabilities and their families and technical assistance. (Sec. 153) Requires the Centers to be interdisciplinary education, research, and public service units of universities or public or not-for-profit entities associated with universities that engage in specified core functions. (Sec. 154) Limits the Federal share of Center administration or operation costs or the costs of training initiatives to 75 percent, with exceptions for projects that target individuals in poverty areas. (Sec. 156) Authorizes appropriations. Subtitle E: Projects of National Significance - Requires the Secretary to award grants, contracts, or cooperative agreements to public or nonprofit private entities for projects of national significance relating to the development of policies that reinforce and promote the self-determination, independence, productivity, and inclusion in community life of individuals with developmental disabilities. Authorizes Federal interagency initiatives to carry out such projects. (Sec. 163) Authorizes appropriations. Title II: Family Support - Families of Children With Disabilities Support Act of 1999 - Directs the Secretary to make grants to States on a competitive basis to support systems change activities to assist States in developing or enhancing statewide systems of family support services for families of children with disabilities, including individuals who are not younger than age 18 who have certain significant impairments and reside with and receive assistance from a family member. Limits the Federal share of such assistance to 75 percent of the cost of activities and the award period to three years. (Sec. 209) Requires the Secretary to enter into contracts or cooperative agreements with public or private agencies and organizations to provide technical assistance and information with respect to the development or enhancement of such systems. (Sec. 210) Provides for a national evaluation of the grant program by the Secretary and a report to Congress. (Sec. 211) Requires the Secretary to: (1) review Federal programs to determine the extent to which programs facilitate or impede access to, provision of, and funding for family support services for families of children with disabilities; and (2) make grants or enter into contracts for projects of national significance to support the development of policies related to developing or enhancing family-centered and -directed systems of such services. (Sec. 212) Authorizes appropriations to carry out this title. Title III: Program for Direct Support Workers Who Assist Individuals With Developmental Disabilities - Authorizes the Secretary to award grants to institutions of higher education, State agencies, or a consortium of such agencies on a competitive basis to enable such entities to carry out scholarship programs by providing vouchers for postsecondary education to direct support workers who assist individuals with developmental disabilities residing in diverse settings. Limits the Federal share of the cost of such vouchers to 80 percent. (Sec. 304) Directs the Secretary to award funding, on a competitive basis, to public or private entities for the development, evaluation, and dissemination of a staff development curriculum and related guidelines for computer-assisted, competency-based, multimedia, interactive instruction relating to service as a direct support worker. Requires the curriculum to be developed for individuals who seek to: (1) become direct support workers who assist individuals with developmental disabilities or are such workers; and (2) upgrade their skills and competencies related to being such a worker. (Sec. 305) Authorizes appropriations to carry out this title. Title IV: Repeal - Repeals the Developmental Disabilities Assistance and Bill of Rights Act. Makes conforming amendments to specified laws.
United States · United States Congress · 20 July 2000
Jamestown 400th Commemoration Commission Act of 2000 - Establishes the Jamestown 400th Commemoration Commission to develop and execute programs and activities commemorating the 400th anniversary of the founding of Jamestown. Authorizes appropriations.
United States · United States Congress · 13 July 2000
Railroad Retirement and Survivors' Improvement Act of 2000 - Title I: Amendments to the Railroad Retirement Act of 1974 - Amends the Railroad Retirement Act of 1974 to increase benefits to railroad employees and their beneficiaries and to revise financing of the pension part (tier II) of the railroad retirement system. (Sec. 101) Increases benefits for widows and widowers by guaranteeing to them all of the tier II annuity the employee was entitled to at the time of the death. (Sec. 102) Makes employees with 30 years of service eligible to retire at age 60 with unreduced tier I and tier II annuities. Makes spouses of such employees eligible for unreduced annuities at age 60. (Sec. 103) Reduces the vesting requirement for tier II retirement annuities from ten years to five years of service after December 1995. Makes employees with at least five years of such service, but less than ten years of total service, eligible for a tier I disability annuity if their combined railroad retirement and social security earnings credits would satisfy social security eligibility requirements. Makes spouses, divorced spouses, and survivors of employees with at least five years of such service, but less than ten years of total service, eligible for a tier I annuity if they would have been entitled to a social security benefit based on combined service. (Sec. 104) Repeals a limit on the total amount of monthly railroad retirement benefits payable to an employee and spouse at the time the employee's annuity begins. (Sec. 105) Establishes a Railroad Retirement Trust Fund (the Fund) and a Railroad Retirement Investment Trust (RRIT) to manage and invest the assets of the Fund. Declares that RRIT is not an agency, department, or instrumentality of the U.S. Government. Requires RRIT to be administered by a Board of Trustees (the Trustees) with seven members (three representing labor, three representing employers, and one representing the general public) with experience and expertise in the management of financial investments and pension plans. Requires the Trustees to be appointed by a unanimous vote of the Railroad Retirement Board (RRB). Prohibits RRB members from being Trustees. Applies specified reporting requirements and fiduciary standards to the RRIT. Requires the Trustees to diversify investments so as to minimize the risk of large losses. Authorizes the Trustees to invest Fund assets in non-Governmental assets. (Sec. 106) Abolishes the Railroad Retirement Supplemental Annuity Account and provides for transfer of its funds to the Fund. (Sec. 107) Requires the RRB, upon the establishment of the Fund, to determine the portion of the Railroad Retirement Account not needed to pay current administrative expenses and direct the Secretary of the Treasury to transfer that amount into the Fund. Requires the Fund to transfer the necessary amount of funds to pay benefits and related administrative expenses to the disbursing agent. Transfers to the Fund Social Security Equivalent Benefit account funds not needed to pay current benefits, but requires that such funds only be used to pay benefits or to invest in U.S. Government or Government-guaranteed securities. Transfers to the disbursing agent from the Dual Benefit Account the amount necessary to make dual benefit payments. Requires the Trustees to consult with the Secretary of the Treasury to develop an appropriate method for transferring or converting existing account obligations. (Sec. 108) Requires the RRB to calculate the ratio of assets to benefits to determine annual tier II tax rates for employers, employee representatives, and employees. Establishes schedules for: (1) decreasing tax rates if the average account benefits ratio, based on the ratios for the ten most recent fiscal years, is above six; and (2) increasing employer and employee representatives' tax rates if the ratio is below four. Title II: Amendments to the Internal Revenue Code of 1986 - Amends the Internal Revenue Code to exempt the Railroad Retirement Trust Fund (the Fund) from taxation. (Sec. 203) Repeals a supplemental annuity tax that railroad employers pay to finance a benefit for long-time rail employees. (Sec. 204) Provides for adjustments to railroad employers, employee representatives, and employee tier II tax rates. Decreases such rates in 2001 and in 2002 for employers and employee representatives. Provides in the years after 2002 for tax rate schedules, based on the ten-year average account benefit ratio, for employers, employee representatives, and employees.
United States · United States Congress · 29 June 2000
Ryan White CARE Act Amendments of 2000 - Title I: Emergency Relief for Areas with Substantial Need for Services - Subtitle A: HIV Health Services Planning Councils - Amends the Public Health Service Act to require that an HIV (human immunodeficiency virus) planning council reflect the demographics of the population of individuals with HIV disease (currently, the demographics of the epidemic) in the eligible area involved. Modifies requirements regarding council composition, including requiring representatives of former prisoners. Requires that at least 33 percent of the council be people who: (1) are receiving HIV-related services pursuant to a grant under provisions relating to emergency relief for areas with a substantial need for services (substantial need grant); and (2) are not officers, employees, consultants, or representatives of any entity that receives substantial need grant amounts. (Sec. 102) Modifies council duties, including regarding: (1) determining the size, demographics, and needs of the HIV disease population; (2) council establishment of fund allocation priorities; and (3) coordination with Federal grantees that provide HIV-related services in the area. Directs the Secretary of Health and Human Services to: (1) develop epidemiologic measures for establishing the number of individuals with HIV disease who are not receiving HIV-related health services and for carrying out council duties; and (2) provide to the chief elected official receiving a substantial need grant guidelines and materials for training council members regarding council duties. (Sec. 103) Requires that council meetings and records be open to the public, subject to exception. Subtitle B: Type and Distribution of Grants - Makes permanent provisions requiring expedited disbursement of certain substantial need grant amounts. Requires, after fiscal year 2004, that the substantial need grant amount formula use the number of cases of HIV disease in the most recent year rather than the number of cases of acquired immune deficiency syndrome (AIDS) in the most recent ten years, but until FY 2007 conditions that change on the Secretary's determination that there is sufficiently accurate and reliable data on HIV disease cases from all eligible areas, requiring the Secretary to consider: (1) the findings of a study mandated by title V of this Act; (2) the fiscal impact of using or of not using that data; and (3) the impact of the use of that data on the organization and delivery of HIV-related services. Modifies requirements regarding increases in the amount of a substantial need grant under expedited disbursement provisions. (Sec. 112) Requires that the amount of supplemental substantial need grants be determined by the Secretary based on a weighting of specified factors, with severe need counting one-third. Includes the current HIV disease prevalence, an increasing need for services, and unmet need for services as factors the Secretary must consider in determining severe need. Directs the Secretary, in determining the required factors, to develop a mechanism to use national, quantitative incidence data by 18 months after enactment of this Act (currently, by May 20, 1998). Requires mechanism modification based on the findings of a study mandated by title V of this Act. Removes provisions basing the amount of substantial need grants on substantial need grant applications. Subtitle C: Other Provisions - Requires that substantial need grant funds be used, among other purposes, for: (1) outreach to identify individuals with HIV disease who are not receiving HIV-related services; and (2) early intervention services. Requires that substantial need grants be used to provide health and support services to infants, children, youth, and women (currently, infants, children, and women) with HIV disease in the same ratio as those groups with HIV disease bear to those groups in the general population. Requires that the chief elected official of a substantial need grant-receiving area establish a quality management program to assess whether HIV health services under the substantial need grant are consistent with the most recent Public Health Service guidelines. (Sec. 123) Requires that official to ensure that the area's planning council: (1) reviews existing, available data on expenditures by substantial need grant recipient entities from their overall budget for administrative costs; and (2) makes a determination whether the financial compensation of any of those entity's officers or employees exceeds that of the official. Title II: Care Grant Program - Subtitle A: General Grant Provisions - Requires that grants to States to improve the quality, availability and organization of health care and support services for individuals with HIV disease (care grants) be used to provide health and support services to infants, children, youth, and women (currently, infants, children, and women) with HIV disease in the same ratio as those groups with HIV disease bear to those groups in the general population. (Sec. 202) Allows care grants to be used for support services, outreach activities, early intervention, and quality management. (Sec. 203) Modifies requirements regarding grants to establish HIV care consortia. (Sec. 204) Allows a State to meet a requirement to use a portion of its care grant to provide therapeutics to treat HIV disease or prevent related health deterioration (including prevention and treatment of opportunistic infections) by paying for health insurance or plans whose coverage includes a full range of such therapeutics and primary care. (Sec. 205) Requires care grant applications to contain determinations of the size, demographics, and needs of the population of individuals with HIV disease in the State. Modifies requirements regarding the comprehensive plan. Requires the public health agency that administers care grants for a State to engage in a public advisory planning process. (Sec. 206) Doubles, subject to appropriations, the minimum care grant allotment to each State and U.S. territory. Requires, after fiscal year 2004, that the care grant amount formula use the number of cases of HIV disease in the most recent year rather than the number of cases of acquired immune deficiency syndrome (AIDS) in the most recent ten years, but until FY 2007 conditions that change on the Secretary's determination that there is sufficiently accurate and reliable data on HIV disease cases. Provides for increases in the formula amount. Requires, if an appropriations Act provides an amount exclusively for treatment drug grants, that two percent of that exclusive amount be reserved for supplemental grants to States whose HIV population's need is greater than the quantities available under treatment drug grants from the remaining unreserved 98 percent. Adds the Federated States of Micronesia and the Republic of Palau to the list of U.S. territories. Adds the Commonwealth of Puerto Rico to the list of territories for minimum allotment provisions but keeps it in the list of States for other care grant provisions. (Sec. 207) Replaces provisions mandating coordination by specified Federal agencies of Federal HIV programs with provisions directing the Secretary to make grants to States to supplement care grants for comprehensive services for communities that have a severe need for supplemental financial assistance to combat the HIV epidemic. Provides for funding for the supplemental grants. Subtitle B: Provisions Concerning Pregnancy and Perinatal Transmission of HIV - Removes provisions prohibiting (after testing of pregnant women and newborns has become a routine practice in U.S. health care) care grants to a State unless the State meets certain requirements regarding such testing. (Sec. 212) Adds HIV disease treatment services to the uses for which the Secretary may make a grant to a State that is following the recommendations of the Centers for Disease Control and Prevention (CDC) regarding HIV counseling and voluntary testing for pregnant women. Authorizes appropriations. Prohibits using care grant appropriations for grants under this section. (Sec. 213) Directs the Secretary to provide for a study and report to appropriate congressional committees regarding: (1) the number of newborns with HIV born in the United States in the most recent year for which the information is available; (2) barriers that prevent or discourage an obstetrician from routinely offering pregnant women an HIV test and routinely testing newborns when the mother's HIV status is unknown; and (3) recommendations for each State for reducing perinatal HIV transmission. Requires States to make reasonable progress toward meeting the recommendations. Subtitle C: Certain Partner Notification Programs - Authorizes the Secretary to make grants to States for partner counseling and referral services, provided the State meets certain requirements regarding: (1) partner notification and (for the partner and the infected individual) testing, counseling, and referral; (2) health entity reporting of positive test results to the State; (3) reporting to the CDC regarding partner notification; and (4) State cooperation with the CDC national partner notification. Prohibits grants to a State after fiscal year 2003 unless the State's reporting system for HIV cases produces sufficiently accurate and reliable data. Authorizes appropriations. Title III: Early Intervention Services - Subtitle A: Formula Grants for States - Repeals provisions mandating formula grants to States for outpatient early intervention services regarding HIV disease. Subtitle B: Categorical Grants - Requires giving preference to rural or underserved areas in making currently-authorized categorical grants for outpatient early intervention services. Allows planning grants to be used, subject to limitation, to assist the recipients to expand their capacity to provide services, including early intervention services, in low income communities and affected subpopulations that are underserved. Subtitle C: General Provisions - Requires that the counseling that categorical grant recipients are required to provide to HIV-infected individuals emphasize that it is the duty of infected individuals to disclose their status to their sexual and needle-sharing partners, provide advice on how to make the disclosures and emphasize that it is the infected individual's continuing duty to avoid behaviors that expose others to HIV. (Sec. 322) Increases the percentage limit on administrative expenses. Requires recipients to establish a quality management program to assess the extent to which medical services are consistent with Public Health Service guidelines for treatment of HIV disease and related opportunistic infections. Title IV: Other Programs and Activities - Subtitle A: Certain Programs for Research, Demonstrations, or Training - Replaces a requirement that, with regard to grants for providing opportunities for women, infants, children, and youth to participate in HIV research and for providing to those groups outpatient health care and additional services, that a significant number of individuals in those groups be participating in research with a requirement that the grant applicant demonstrate linkages to research and how access to research is being offered to patients. Directs the Secretary to examine the distribution and availability of research regarding grantees to enhance and expand HIV-related research, especially in underrepresented communities. Requires grantees to implement a quality management program. Authorizes appropriations. (Sec. 402) Includes, as a use of currently-authorized grants and contracts for training health personnel: (1) training in prenatal and other gynecological care for women with HIV disease; and (2) developing protocols for the medical care of such women. Directs the Secretary to implement a strategy for the dissemination of HIV treatment information to care providers and patients. Adds accredited dental hygiene programs as possible recipients of currently-authorized grants with respect to oral health care to (sic) patients with HIV disease. Authorizes appropriations. Authorizes grants to dental schools, post-doctoral dental education programs, and accredited dental hygiene programs that partner with community-based dentists to provide care to HIV patients in underserved areas. Authorizes appropriations. Authorizes appropriations for grants and contracts to assist public and nonprofit private entities and schools and academic health science centers to train health personnel, train faculty, and develop and disseminate curricula and resource materials regarding the care of HIV patients and prevention of HIV infection among at risk individuals. Subtitle B: General Provisions in Title XXVI - Extends the authorization of appropriations for grants and contracts to evaluate programs carried out under title XXVI of the Public Health Service Act (HIV Health Care Services Program). (Sec. 412) Authorizes appropriations for collecting and providing data for program planning and evaluation under title XXVI. (Sec. 413) Adds the Substance Abuse and Mental Health Services Administration and the Health Care Financing Administration to the list of agencies (currently, the Health Resources and Services Administration and the Centers for Disease Control and Prevention) charged with coordinating the planning, funding, and implementation (currently, coordinating the planning of the funding) of Federal HIV programs to enhance continuity of care and prevention services (currently, continuity of care). Requires that State, local, or private entities receiving title XXVI funds enhance continuity of care and prevention services (currently, continuity of care). (Sec. 414) Directs the Secretary to develop and submit to Congress a plan for the medical case management of and the provision of support services to individuals who had HIV disease on their date of release from the Federal or State penal system. (Sec. 415) Authorizes the Secretary to reduce title XXVI grants to a State or political subdivision if the State or subdivision fails to prepare audits. (Sec. 416) Directs the Secretary to: (1) develop and submit to Congress a plan for coordinating the disbursement of appropriations for substantial need grants with the disbursement for care grants; (2) within two years after enactment of this Act, implement the disbursement plan, notwithstanding any title XXVI provision inconsistent with the plan; (3) determine whether administration of those grants by the Secretary and grantee compliance efficiency would be improved by requiring biennial rather than annual applications; (4) develop and submit to Congress a plan for simplifying the application process for those grants; and (5) within two years after enactment of this Act, implement the simplified application plan, notwithstanding any title XXVI provision inconsistent with the plan. (Sec. 417) Removes provisions directing the Secretary to develop and implement a method for adjusting the percentages allocated to substantial need grants and care grants to account for substantial need grants to new areas and other relevant factors. Authorizes appropriations for substantial need and care grants. Title V: General Provisions - Directs the Secretary to provide for studies, and report to the appropriate congressional committees, on: (1) whether the surveillance system of each State provides for the reporting of HIV infection cases in a way that provides information on the number and demographic characteristics of the cases that is sufficiently accurate for the formula grants under substantial need and care grant provisions and, if not, recommendations for improvements; and (2) the appropriate epidemiological measures and their relationship to the financing and delivery of primary care and health related support services for low income, uninsured, and underinsured individuals with HIV disease. (Sec. 502) Requires the Director of the National Institutes of Health (NIH) to expand, intensify, and coordinate research and other NIH activities regarding development of reliable and affordable HIV tests that can be rapidly administered and whose results can be rapidly obtained (rapid HIV tests). Authorizes appropriations. Directs the Secretary: (1) to report to appropriate congressional committees on the progress made toward, and barriers to, the premarket review and commercial distribution of rapid HIV tests; and (2) promptly after rapid HIV test commercial distribution begins, to establish or update guidelines for States, hospitals, and other entities regarding the availability of those tests for administration to pregnant women in labor or late stage pregnancy and whose HIV status is unknown. (Sec. 503) Directs the Secretary, of the amounts available to the Secretary for program management at the Health Resources and Services Administration, to spend amounts necessary to ensure at least a 20 percent increase in fiscal year 2001 over fiscal year 2000 of full- time-equivalent staff of the Bureau of HIV/AIDS who administer programs under title XXVI. Title VI: Effective Date - Sets forth the effective dates for this Act and its amendments.
United States · United States Congress · 15 June 2000
Medicare Rx 2000 Act - Title I: Medicare Prescription Drug Benefit - Amends title XVIII (Medicare) of the Social Security Act (SSA) to add a new part D (Voluntary Prescription Drug Benefit Program) to entitle each individual enrolled under Medicare part B (Supplementary Medical Insurance) to obtain qualified prescription drug coverage as outlined. Sets forth general election procedures. (Sec. 101) Prohibits an individual eligible to elect qualified prescription drug coverage under a prescription drug plan or under a Medicare+Choice (Medicare part C) plan from being denied enrollment based on any health status-related factor under the Public Health Service Act or under any other factor. Extends the same prohibition to the case of an individual who maintains continuous prescription drug coverage since first qualifying to elect it, and includes any limitation or conditioning of coverage, or any increased premium based on any such health status-related factor. Allows a prescription drug plan (PDP) sponsor or Medicare+Choice organization, in the case of an individual who does not maintain such continuous prescription drug coverage, to increase the otherwise applicable premium, or to impose a pre-existing condition exclusion, with respect to qualified prescription drug coverage in a manner that reflects additional actuarial risk involved. Sets forth requirements for qualified prescription drug coverage, standard coverage, and alternative coverage. Outlines requirements for access to negotiated prices, actuarial valuation and determination of annual percentage increases, and protections for individuals eligible to enroll under a qualified PDP, such as guaranteed issue and nondiscrimination. Sets out requirements for PDP sponsors as well as financial solvency and capital adequacy standards for non-licensed PDP sponsors. Directs the Medicare Benefits Administrator by regulation to establish other standards for PDP sponsors and plans. Directs the Medicare Benefits Administrator to: (1) establish a process for the selection of the prescription drug plan or Medicare+Choice plan which offers qualified prescription drug coverage; and (2) assure that each individual enrolled under part B has available a choice of enrollment in at least two qualifying plans in the area in which the individual resides, at least one of which is a prescription drug plan. Outlines premium requirements, including those governing submission of premium-related information to the Medicare Benefits Administrator for approval or disapproval, premium rates in the same service area, terms and conditions for imposing premiums, and premium and cost-sharing subsidies for low-income individuals and for Medicare beneficiaries. Creates within the Federal Supplementary Medical Insurance Trust Fund under Medicare part B (Supplementary Medical Insurance) the Medicare Prescription Drug Account for subsidy-related and other payments under new part D. Authorizes appropriations. (Sec. 102) Amends SSA title XVIII part C to provide for prescription drug benefits by Medicare+Choice organizations, including premium and cost-sharing subsidies for low-income enrollees, and reinsurance subsidy payments for Medicare+Choice organizations. (Sec. 103) Amends SSA title XIX (Medicaid) to: (1) require State Medicaid plans to provide for making eligibility determinations for premium and cost-sharing subsidies with regard to the Medicare prescription drug benefit for low-income Medicare beneficiaries; (2) provide for phased-in Federal assumption of Medicaid prescription drug costs for dually-eligible Medicare and Medicaid beneficiaries; (3) require continued Medicaid payment for such an individual to the extent payment is not made under the PDP or the Medicare+Choice plan selected by the individual; and (5) provide for Medicaid prescription drug coverage by territories. (Sec. 104) Prescribes conditions and limitations for prescription drug coverage by new Medicare supplemental (Medigap) policies. Title II: Modernization of Administration of Medicare - Subtitle A: Medicare Benefits Administration - Amends SSA title XVIII to establish within the Department of Health and Human Services the Medicare Benefits Administration, headed by an Administrator charged with carrying out Medicare parts C and D. (Sec. 201) Directs the Secretary to establish within the Medicare Benefits Administration an Office of Beneficiary Assistance to carry out functions relating to Medicare beneficiaries, including benefit eligibility determinations and dissemination of information on benefits and appeals rights. Establishes within the Office a Medicare Ombudsman to: (1) receive complaints, grievances, and requests for information submitted by a Medicare beneficiary concerning any aspect of the Medicare program; (2) provide assistance with respect to such complaints, grievances, and requests; and (3) coordinate with State medical Ombudsman programs, and with State and community-based consumer organizations, to provide information and conduct outreach to educate Medicare beneficiaries with respect to the manner for resolving or avoiding Medicare problems. Establishes within the Medicare Benefits Administration the Medicare Policy Advisory Board. Authorizes appropriations. Subtitle B: Oversight of Financial Sustainability of the Medicare Program - Amends SSA title XVIII part A (Hospital Insurance) with regard to the Federal Hospital Insurance Trust Fund to require its Board of Trustees to report to Congress on the operation and status of such Trust Fund and the Federal Supplementary Medical Insurance Trust Fund, including the total amounts obligated during the preceding fiscal year from the General Revenues of the Treasury to the Trust Funds for Medicare payments and ten-year and 50-year projections of such required benefit obligations. (Sec. 211) Expresses the sense of Congress that the committees of jurisdiction shall hold hearings on such reports. Subtitle C: Changes in Medicare Coverage and Appeals Process - Amends Medicare part D to revise the Medicare appeals process with respect to: (1) a time limit for appeals; (2) expedited reconsideration of an initial determination; (3) local coverage determinations; (4) Internet publication of hearing decisions by the Secretary; and (5) conduct of reconsiderations by independent contractors. (Sec. 222) Limits the liability of an individual for repayment of claims incorrectly paid by the Secretary. Prescribes a procedure for waiver of such liability protection and the individual's right to an appeal. Requires inclusion in the explanation of Medicare benefits of beneficiary liability information, including a specified toll-free telephone number. (Sec. 223) Amends SSA title XI with respect to civil money penalties for improperly filed claims, including offers or transfers of remuneration to influence a beneficiary's choice of provider, practitioner, or item or service supplier. Revises the exclusion from the meaning of remuneration of any waiver of coinsurance and deductible amounts to: (1) make the current conditions for such an exclusion alternative instead of collectively necessary; and (2) add as a new alternative condition for exclusion that such a waiver is offered as a part of a supplemental insurance policy or retiree health plan. (Sec. 224) Amends SSA title D to repeal the Secretary's authority to review, reverse, affirm, or modify decisions of the Provider Reimbursement Review Board. Title III: Medicare+Choice Reforms; Preservation of Medicare Part B Drug Benefit - Subtitle A: Medicare+Choice Reforms - Amends Medicare part C with respect to Federal payments to Medicare+Choice organizations to: (1) reduce the national per capita Medicare+Choice growth percentages for 2001 and 2002; (2) remove application of the budget neutrality factor beginning in 2002 with respect to calculation of both the blended and the national standardized annual Medicare+Choice capitation rates; (3) specify $450 as the minimum payment amount for 2002; (4) allow a Medicare+Choice organization to elect to apply an area-specific percentage of 50 percent and a national percentage of 50 percent for 2002 (currently, only after 2002); (5) increase from 102 percent to 102.5 percent the minimum percentage increase for Medicare+Choice payment areas with only one, or no, Medicare+Choice contracts entered into as of July 1 before the beginning of the year during 2002 through 2005; (6) permit higher annual rates through negotiation between an Medicare+Choice organization and the Medicare Benefits Administration for each year beginning with 2004 in Medicare+Choice payment areas for which the Medicare+Choice capitation rate would otherwise be less than the U.S. per capita cost; and (7) phase-in over a ten-year period beginning in 2004 a risk adjustment methodology based on data from all settings. Subtitle B: Preservation of Medicare Coverage of Drugs and Biologicals - Amends SSA title XVIII part D (Miscellaneous Provisions) with regard to coverage of drugs and biologicals under Medicare part B to modify the specification of drugs and biologicals which cannot be self-administered to drugs and biologicals which are not usually self-administered by the patient.
United States · United States Congress · 24 May 2000
Cuban Internal Opposition Assistance Act of 2000 - Instructs the President to: (1) use specified funds to implement assistance for victims of the most extreme political repression and to assist independent nongovernmental opposition organizations inside Cuba; (2) ensure adequate verification and monitoring of such funds' destination; and (3) authorize issuance of licenses to independent nongovernmental organizations to send monetary remittances to independent nongovernmental opposition organizations to implement specified activities under the Cuban Liberty and Democratic Solidarity Act of 1996.
United States · United States Congress · 15 May 2000
Reciprocal Compensation Adjustment Act of 2000 - Amends the Communications Act of 1934 to mandate that no local telecommunications exchange carrier shall be required to make any payment for the transport or termination of telecommunications to the Internet or any provider of Internet access services. Considers such transport or termination as interstate commerce and subject to the exclusive jurisdiction of the Federal Communications Commission. States that such exemption shall not affect the rights of any parties to interconnection agreements in effect on May 15, 2000. Mandates that a local exchange carrier is not required to offer to any other carrier any reciprocal compensation arrangement that is inconsistent with this Act and that is in an agreement in effect before such date.
United States · United States Congress · 4 May 2000
Authorizes the President to present on behalf of Congress: (1) a gold medal to the family of Andrew Jackson Higgins in recognition of his contributions to the Nation and to the Allied victory in World War II; (2) an identical medal to the D-Day Museum in New Orleans, Louisiana, for public display; and (3) a gold medal to the Museum in honor of the World War II employees of Higgins Industries and in recognition of their contributions to the Nation and to the Allied victory in World War II. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates. Authorizes appropriations.
United States · United States Congress · 4 May 2000
Expresses the sense of the House of Representatives that the decision of a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit striking down the Ohio State motto, "With God All Things Are Possible," is a misinterpretation and misapplication of the U.S. Constitution. Expresses the support of the House of Representatives for such motto and other State mottoes making reference to a divine power and for the decision of the Governor and the Attorney General of the State of Ohio to appeal the ruling.
United States · United States Congress · 4 May 2000
Expresses the sense of the House of Representatives that the United States should: (1) continue to actively support the objectives of the Financial Action Task Force on Money Laundering (FATF) with regard to combating international money laundering; (2) support the public release of the list naming noncooperative jurisdictions identified by the FATF; (3) exhort the adoption of necessary international action to encourage compliance by the identified noncooperative jurisdictions; and (4) take necessary countermeasures to protect the U.S. economy against money of unlawful origin and encourage other nations to do the same. Expresses the sense of the House of Representatives that the FATF should identify noncooperative jurisdictions expeditiously and publicly release a list directly naming them.
United States · United States Congress · 13 April 2000
Born-Alive Infants Protection Act of 2000 - Directs that, in determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various U.S. administrative bureaus and agencies, the words "person," "human being," "child," and "individual" shall include every infant member of the species homo sapiens who is born alive (as defined in this Act) at any stage of development.
United States · United States Congress · 13 April 2000
Reservists Tax Relief Act of 2000 - Amends the Internal Revenue Code to allow the deduction, as a trade or business expense, of certain expenses of members of a reserve component of the U.S. Armed Forces incurred while away from home in connection with such service.
United States · United States Congress · 13 April 2000
Expresses the sense of the Congress that the Clinton Administration should: (1) condemn the arrest and continued prosecution of the 13 Iranian Jews arrested in 1999 by the authorities of the Islamic Republic of Iran and accused of spying for the United States and Israel; (2) demand that such charges be dropped and such individuals be released; and (3) ensure that Iran's treatment of this case is a benchmark for determining the nature of current and future U.S.-Iran relations.
United States · United States Congress · 12 April 2000
Law Enforcement Quality Procurement Act - Prohibits: (1) the use of Federal funds to give or withhold a preference to a marketer or vendor of firearms or ammunition based on whether the manufacturer or vendor is a party to a covered agreement (an agreement requiring a person engaged in a business licensed under Federal firearms provisions to abide by a designated code of conduct, operating practice, or product design respecting importing, manufacturing, or dealing in firearms or ammunition); or (2) the provision of Federal funds to a State or local entity that gives or withholds such a preference or that receives firearms or ammunition purchased for that State or local entity subject to such a preference.