United States · United States Congress · 12 December 2013
Helping Families in Mental Health Crisis Act of 2013 - Creates in the Department of Health and Human Services (HHS) an Assistant Secretary for Mental Health and Substance Use Disorders, who shall supervise and direct the Administrator of the Substance Abuse and Mental Health Services Administration (SAMHSA). Directs the Assistant Secretary to establish a National Mental Health Policy Laboratory to: (1) identify and implement policy changes and other trends likely to have the most significant impact on mental health services; (2) collect information from grantees; and (3) evaluate and disseminate to such grantees evidence-based practices and services delivery models, using the best available science shown to reduce program expenditures while enhancing the quality of care furnished to individuals by other such grantees. Amends the Public Health Service Act (PHSA) to require the Assistant Secretary to establish: (1) an Interagency Serious Mental Illness Coordinating Committee; and (2) a four-year pilot program to award up to 50 grants each year to counties, cities, mental health systems, mental health courts, and any other entities with authority under state law to implement, monitor, and oversee assisted outpatient treatment programs. Directs the Assistant Secretary to establish a program of tele-psychiatry and primary care physician training grants to states to promote the use of qualified telehealth technology for the identification, diagnosis, mitigation, or treatment of a mental health disorder. Directs the HHS Secretary (Secretary), in coordination with the Assistant Secretary, to award planning grants to enable up to 10 states to carry out 5-year demonstration programs to improve the provision of behavioral health services by federally qualified community behavioral health clinics. Requires the Assistant Secretary to certify federally qualified community behavioral health clinics that meet specified criteria. Requires the caregiver of an individual with a serious mental illness to be treated as the individual's personal representative with respect to protected health information, even though the individual has not consented to disclosure of such information to the caregiver, when the individual's service provider reasonably believes it is necessary for protected health information to be made available to the caregiver in order to protect the individual's health, safety, or welfare or the safety of one or more other individuals. Amends the General Education Provisions Act to allow an educational agency or institution to disclose to such a caregiver the individual's education record in certain related circumstances. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to make available: (1) Edward Byrne Memorial Justice Assistance Grants for mental health programs and operations by law enforcement or corrections officers, and (2) public safety and community policing grants to provide specialized training to law enforcement officers to recognize and intervene properly with individuals who have mental illness. Reauthorizes and revises requirements for the Mentally Ill Offender Treatment and Crime Reduction Act of 2004. Authorizes the Attorney General to award grants to: (1) establish or expand veterans treatment court programs; and (2) enhance the capabilities of a correctional facility to identify, screen, and treat inmates with a mental illness, as well as develop and implement post-release transition plans for them. Requires any data prepared by or submitted to the Attorney General or the Director of the Federal Bureau of Investigation (FBI) with respect to homicides, law enforcement officers killed and assaulted, or individuals killed by law enforcement officers to include data about the involvement of mental illness in such incidences, if any. Directs the Comptroller General (GAO) to detail the cost of federal. state, or local imprisonment for persons who have serious mental illness. Amends title XIX (Medicaid) of the Social Security Act (SSA) to prohibit a state medical assistance plan from prohibiting payment for a same-day qualifying mental health service or primary care service furnished to an individual at a federally qualified community behavioral health center or a federally qualified health center on the same day as the other kind of service. Allows states the option to provide medical assistance for inpatient psychiatric hospital services and psychiatric residential treatment facility services for individuals age 21-65. Amends both SSA titles XIX and XVIII (Medicare) to cover prescription drugs used to treat mental health disorders. Amends the PHSA to increase funding for the brain initiative at the National Institute of Mental Health. Transfers responsibility for the administration of community mental health block grants to the Assistant Secretary from the Director of the Center for Mental Health Services (CMHS). Revises requirements for the funding agreement under a formula block grant to a state for community mental health services to prescribe the general standard under state law for court ordered inpatient or outpatient mental health treatment as well as assisted outpatient treatment. Requires the Assistant Secretary to evaluate the combined paperwork burden of certain community mental health centers as well as of certified federally qualified community mental health clinics. Directs the Secretary of Education, along with the Assistant Secretary, to organize a national awareness campaign to assist secondary school students and postsecondary students in: (1) reducing the stigma associated with serious mental illness; (2) understanding how to assist an individual demonstrating signs of a serious mental illness; and (3) understanding the importance of seeking treatment from a physician, clinical psychologist, or licensed mental health professional when a student believes the student may be suffering from a serious mental illness or behavioral health disorder. Amends the PHSA to include as health care providers any behavioral and mental health professionals, substance abuse professionals, psychiatric hospitals, certain community mental health centers (including one operated by a county behavioral health agency), and residential or outpatient mental health or substance abuse treatment facilities. Amends SSA title XVIII (Medicare), with respect to incentives for meaningful use of certified electronic health records (EHR) technology under the pay schedule for physician's services, to include as additional eligible professionals clinical psychologists providing qualified psychologist services and clinical social workers. Subjects any additional eligible professionals, including those under a MedicareAdvantage (MA) plan, to reductions in incentive payments after a certain date for failure to be a meaningful EHR user. Amends SSA title XIX (Medicaid) to treat as Medicaid providers the following additional Medicaid providers: (1) public and certain private hospitals that are principally psychiatric hospitals, (2) certain community mental health centers, and (3) certain residential or outpatient mental health or substance abuse treatment facilities. Makes eligible Medicaid professionals certain clinical psychologists providing qualified psychologist services and certain clinical social workers. Amends the PHSA to accord health care professional volunteers at community mental health centers and federally qualified community behavioral health clinics the liability protections of Public Health Service employees. Requires the Assistant Secretary to transfer all functions and responsibilities of the Center for Behavioral Health Statistics and Quality to the National Mental Health Policy Laboratory. Revises the duties of the CMHS Director. Reauthorizes the Secretary's authority to address priority mental health needs of regional and national significance. Amends the PHSA to reauthorize and revise requirements for a youth interagency research, training, and technical assistance center to prevent suicides (the Suicide Prevention Technical Assistance Center). Expands the program's focus from youth suicides to suicides among all ages, particularly among groups that are at high risk for suicide. Repeals authority for grants to establish research, training, and technical assistance centers related to mental health, substance abuse and the justice system. Reauthorizes a program of grants for the development of state or tribal youth suicide early intervention and prevention strategies. Reauthorizes and revises a grant program to enhance services for students with mental health or substance use disorders at institutions of higher education. Requires the Secretary (who currently is merely authorized), acting through the CMHS Director, to award grants to enhance such services and to develop best practices for the delivery of such services. Permits grant funds to be used for the provision of such services to students and to employ appropriately trained staff. Requires the Secretary to give special consideration to applications for grants that describe programs that demonstrate the greatest need for new or additional mental and substance use disorder services and the greatest potential for replication. Requires the Assistant Secretary, before making a grant to a public entity for comprehensive community mental health services to children with a serious emotional disturbance, to consult with the Director of the National Institutes of Health (NIH) to ensure that the grant recipient will use evidence-based practices. Reauthorizes funding for such grants. Repeals current authority of the Secretary to carry out directly or through grants, contracts or cooperative agreements with public entities a program to assist local communities in developing ways to assist children in dealing with violence. Reauthorizes the National Child Traumatic Stress Network. Amends the Protection and Advocacy for Individuals with Mental Illness Act to reduce corresponding funding for protection and advocacy systems for mentally ill individuals. Prohibits lobbying by any such systems accepting federal funds to protect and advocate the rights of individuals with mental illness. Prohibits the SAMHSA Administrator from hosting or sponsoring any conference that will not be primarily administered by SAMHSA without giving at least 90 days prior notice to specified congressional committees. Prohibits the SAMHSA Administrator also from establishing (and the Secretary from delegating to the Administrator responsibility for) any program or project not explicitly authorized or required by statute. Terminates by the end of FY2014 any SAMHSA program or project not so explicitly authorized or required.
United States · United States Congress · 12 December 2013
Provides that for purposes of medical professional liability insurance or civil and criminal malpractice liability determinations, a physician or athletic trainer (covered sports medicine professional) who is authorized to practice medicine in a state (primary state) and who provides medical services to an athlete or athletic team in a state where such professional is not authorized to practice (secondary state) shall be deemed to have provided such medical services in the primary state, provided that prior to providing the covered medical services such professional has disclosed the nature and extent of such services to the entity that provides such professional with medical professional liability insurance in the primary state.
United States · United States Congress · 12 December 2013
Amends the Energy Policy and Conservation Act to exempt decorative hearth products from consideration as direct heating equipment subject to the Act's energy efficiency standards. Defines a "decorative hearth product" as a vented gas fireplace, stove, gas fireplace insert, or gas log set that: (1) is not certified to the ANSI Z21.88 standard and, in the case of vented gas fireplaces, fireplace inserts, or stoves, is certified to the ANSI Z21.50 standard; (2) is sold without a thermostat and with a warranty provision expressly voiding manufacturer warranties in the event the product is used with a thermostat; and (3) contains no energy efficiency representations other than P.4 efficiencies required for products sold in Canada. Adds the product category "vented hearth heater," defined as a vented gas fireplace, fireplace insert, or stove: (1) for which any AFUE (annual fuel utilization efficiency) representation, or representation with respect to P.4 efficiencies required for products sold in Canada, is made in any manufacturer advertising or literature; (2) certified to the ANSI Z21.88 standard or identified in any manufacturer literature or advertising as a "heater-rated" product; or (3) equipped by the manufacturer with a thermostatic control. Deems a vented gas fireplace, fireplace insert, stove, or gas log set that is not a decorative hearth product to be direct heating equipment for purposes of the Act.
United States · United States Congress · 12 December 2013
Antibiotic Development to Advance Patient Treatment Act of 2013 - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to authorize the Secretary of Health and Human Services (HHS) to approve the use of an antibacterial or antifungal drug that is intended for treatment of a serious or life-threatening disease or condition to treat a limited population of patients for which there is an unmet medical need. Requires the labeling of such drugs to prominently include in the prescribing information the statement that the drug is indicated for use in a limited and specific population of patients. Amends the Public Health Service Act to authorize the Secretary to license those antibacterial or antifungal drugs as biological products. Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to: (1) monitor the use of antibacterial and antifungal drugs, (2) monitor changes in bacterial and fungal resistance to drugs, and (3) make the information derived from such monitoring available to the public. Amends the FFDCA to direct the Secretary: (1) to identify upon approval, and subsequently update, susceptibility test interpretive criteria for antibacterial drugs by relying upon preclinical and clinical data, Bayesian and pharmacometric statistical methodologies, and such other confirmatory evidence the Secretary deems necessary; (2) on a quarterly basis, to evaluate new or updated criteria published by a nationally or internationally recognized standard development organization; and (3) to publish on the Food and Drug Administration's (FDA's) website a notice adopting, declining to adopt, or partially adopting such new or updated criteria.
United States · United States Congress · 12 December 2013
Keep the EPA Honest Act of 2013 - Prohibits the Administrator of the Environmental Protection Agency (EPA) from proposing any standard of performance under the Clean Air Act for carbon dioxide emissions from existing fossil fuel-fired electric utility generating units before finalizing and publishing a standard of performance for such emissions from new fossil fuel-fired electric utility generating units.
United States · United States Congress · 12 December 2013
Viral Hepatitis Testing Act of 2013 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to carry out surveillance, education, and testing programs with respect to hepatitis B (HBV) and hepatitis C (HCV) virus infections. Requires the Secretary to establish a national system with respect to HBV and HCV to: (1) determine the prevalence of such infections; (2) carry out testing programs to increase the number of individuals who are aware of their infection; (3) disseminate public information and education programs for the detection and control of such infections; (4) improve the training of health professionals in the detection, control, and treatment of such infections; and (5) provide referrals for counseling and medical treatment and ensure the provision of follow-up services. Directs the Secretary to determine the populations that are considered at high risk. Directs the Secretary to establish and support public-private partnerships that facilitate such HBV and HCV surveillance, education, screening, testing, and linkage to care programs. Requires the Director of the Agency for Healthcare Research and Quality (AHRQ) to convene the Preventive Services Task Force every three years to review its recommendation for HBV and HCV screening. Directs the Secretary of Veterans Affairs (VA) to establish and carry out a plan to provide veterans who were born between 1945 and 1965 with an HBC risk assessment and, if they are diagnosed with such virus, a thorough evaluation of, and information regarding, their need for treatment, vaccination, or other therapy. Requires the VA to use compliance with such plan as a key performance measure under the VA Handbook Performance Management System or its successor, including by giving the director of a VA medical facility that is not fully compliant a less than fully successful performance appraisal.
United States · United States Congress · 11 December 2013
General Aviation Pilot Protection Act of 2013 - Directs the Administrator of the Federal Aviation Administration (FAA) to issue or revise FAA medical certification regulations to ensure that an individual may operate as a pilot of a covered aircraft without regard to any medical certification or proof of health requirement otherwise applicable under federal law if the flight meets certain criteria and the individual: (1) possesses a valid state driver's license, (2) complies with applicable medical requirements associated with that license, (3) is transporting five or fewer passengers, and (4) is operating under visual flight rules. Defines "covered aircraft" as an aircraft that: (1) is not authorized under federal law to carry more than six occupants, and (2) has a maximum certificated takeoff weight of no more than 6,000 pounds.
United States · United States Congress · 11 December 2013
Two-Midnight Rule Delay Act of 2013 - Prohibits the Secretary of Health and Human Services (HHS) from enforcing the two-midnight rule to a hospital for which payment is made under title XVIII (Medicare) of the Social Security Act for admissions occurring before October 1, 2014. (The two-midnight rule allows Medicare coverage of only hospital stays for which a physician admits to a hospital a beneficiary expected to require care that crosses two midnights, but generally denies coverage of care expected to require less than a two-midnight stay.) Applies such prohibition to Medicare review contracts. Prohibits Medicare review contractors from denying a claim for inpartient hospital services furnished by a hospital, or inpatient critical access hospital services furnished by a critical access hospital, for discharges occurring before October 1, 2014: (1) for medical necessity due to the length of an inpatient stay in such hospital or due to a determination that the services could have been provided on an outpatient basis; or (2) for requirements for orders, certifications, or recertifications, and associated documentation relating to such matters. Prohibits the Secretary from increasing the sample of claims selected for prepayment review under the Medicare Probe and Educate program above the number and type established by the Secretary as of November 4, 2013. Directs the Secretary to develop: (1) a Medicare hospital payment methodology for short inpatient hospital stays; (2) general equivalency maps to link the relevant International Statistical Classification of Diseases and Related Health Problems (ICD)-10 codes (used to report medical diagnoses and inpatient procedures) to relevant Current Procedural Terminology (CPT) codes, and the relevant CPT codes to relevant ICD-10 codes, in order to permit comparison of inpatient hospital services and hospital outpatient department servives; and (3) a second crosswalk between Diagnosis-Related Group (DRG) codes for inpatient hospital services and Ambulatory Payment Class codes for outpatient hospital services.
United States · United States Congress · 9 December 2013
Federal Spectrum Incentive Act of 2013 - Amends the National Telecommunications and Information Administration Organization Act to allow federal entities that utilize government station licenses to participate in the incentive auction program under which licensees of electromagnetic spectrum voluntarily relinquish their spectrum rights in order for such spectrum to be auctioned for a repurposed commercial use in exchange for a percentage of the auction proceeds. Permits such federal entities, instead of being reimbursed for the costs of sharing frequencies with nonfederal users or relocating to other frequencies as provided for under current law, to receive a percentage of the proceeds from spectrum it relinquishes for auction by electing to: (1) discontinue operations on eligible frequencies without relocating to other frequencies, or (2) relocate operations to frequencies assigned to another federal entity in order for such entities to share frequencies. Establishes in the U.S. Treasury a Federal Spectrum Incentive Fund to be administered by the Office of Management and Budget (OMB) in consultation with the National Telecommunications and Information Administration (NTIA). Requires 1% of the proceeds from such auctions to be deposited in such Fund and the remainder to be deposited in the general fund of the Treasury for the sole purpose of deficit reduction. Directs OMB to transfer from the Fund to a federal entity a specified amount attributable to the auction of frequencies vacated by such entity. Permits federal entities to use such amounts for: (1) any purposes permitted under the terms and conditions of an appropriations account that was subject to sequestration for any fiscal year under the Balanced Budget and Emergency Deficit Control Act of 1985, provided that the amount used does not exceed the amount by which the account was reduced by sequestration for such fiscal year; or (2) a transfer of amounts to an incumbent federal entity for such purposes when the federal entity relinquishing spectrum relocates its operations to frequencies assigned to another federal entity in order to share frequencies.
United States · United States Congress · 9 December 2013
States that the House of Representatives has learned with profound sorrow of the death of Nelson Mandela, former President of the Republic of South Africa. Tenders its sympathies to the members of his family and his fellow citizens. Honors the life, accomplishments, and legacy of Nelson Mandela and for his friendship to the United States. Requests the Secretary of State to communicate these expressions of sentiment to Nelson Mandela's family and to the Parliament of the Republic of South Africa. Requests that when the House adjourns today it do so as a mark of respect to the memory of Nelson Mandela.
United States · United States Congress · 5 December 2013
Anti-Spoofing Act of 2013 - Amends the Communications Act of 1934 to expand the prohibition on the provision of inaccurate caller identification information (which makes it unlawful to cause a caller identification service to knowingly transmit misleading or inaccurate caller identification information with the intent to defraud, cause harm, or wrongfully obtain anything of value) to persons outside the United States if the recipient is within the United States. Directs the Federal Communications Commission (FCC) to prescribe regulations requiring a provider of a spoofing service to verify that any person who uses the service is informed of any applicable federal or state law. Defines "spoofing service" as a service that permits a user to knowingly cause any caller identification service to transmit misleading or inaccurate caller identification information. Excludes from such definition a service that transmits or displays without alteration caller identification information generated by another person. Revises the definitions of "caller identification information" and "caller identification service" to include text messages by means of a telephone number and text messaging services. Expands the categories of IP-enabled voice services that are subject to such prohibition.
United States · United States Congress · 5 December 2013
Monuments Men Recognition Act of 2013 - Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to make arrangements for the presentation of a single congressional gold medal in commemoration of the Monuments Men (men and women who served in the Monuments, Fine Arts, and Archives [MFA] Section under the Allied Armies during World War II) in recognition of their heroic role in the preservation, protection, and restitution of monuments, works of art, and artifacts of cultural importance during and following the War. Requires the Medal's display at the Smithsonian Institution. Expresses the sense of Congress that the medal should be made available for display elsewhere, particularly at locations associated with the Monuments Men and that preference should be given to locations affiliated with the Smithsonian Institution. Permits the Secretary of the Treasury to strike and sell duplicates in bronze of the gold medal, at a price sufficient to cover the costs of the medals.
United States · United States Congress · 5 December 2013
Family Cord Blood Banking Act - Amends the Internal Revenue Code to treat the cost of private umbilical cord blood banking services as a medical care expense for purposes of the tax deduction for medical expenses.
United States · United States Congress · 3 December 2013
Safe and Secure Federal Websites Act of 2013 - Prohibits a federal agency from deploying or making available to the public a new Federal PII website until a certification is submitted to Congress that the website is fully functional and secure, as defined by this Act. Defines "new Federal PII website" as a website that: (1) is operated by (or under contract with) an agency; (2) elicits, collects, or stores personally identifiable information (i.e., information that can be associated with one individual through a social security account number, taxpayer identification number, state identification number, or other identifier) of individuals and is accessible to the public; and (3) is first made accessible or collects or stores personally identifiable information on or after July 1, 2013. Exempts beta websites designed for testing and development if users execute an agreement acknowledging the risks involved. Directs the Comptroller General (GAO) to study and report on each current and future new Federal PII website.
United States · United States Congress · 3 December 2013
EPA Maximum Achievable Contraction of Technocrats Act of 2013 - Directs the Administrator of the Environmental Protection Agency (EPA) to take actions necessary to ensure that the total number of EPA employees 3 years after the last day of the second month beginning on or after the date of enactment of this Act does not exceed the total number of employees on that earlier date, reduced by 15%. Sets forth reporting requirements concerning compliance with such reductions, including extensions of deadlines, if any.
United States · United States Congress · 21 November 2013
Directs the Secretary of the Treasury to direct the U.S. Executive Director at each multilateral development bank to: (1) disregard the document entitled "Guidance for U.S. Positions on MDBs Engaging with Developing Countries on Coal-Fired Power Generation" and any other document issued subsequently by the Secretary that sets forth policies, strategies, procedures, or positions substantially similar to those set forth in that document; and (2) not use U.S. influence to propose, advance, or implement any policy, strategy, procedure, or position set forth in that document.
United States · United States Congress · 20 November 2013
Disapproves the President's: (1) failure to "take care that the laws be faithfully executed," as required by the Constitution, and (2) usurpation of the legislative power of Congress through the rewriting of key provisions of the Patient Protection and Affordable Care Act. Reaffirms that the preservation of the Constitution's separation of powers is essential for the protection of individual liberty and the maintenance of the rule of law.
United States · United States Congress · 14 November 2013
Employee Rights Act - Amends the National Labor Relations Act (NLRA) to make it an unlawful labor practice for a labor organization or its agents to interfere with the rights of employees to organize and select representation to collectively bargain. Adds a requirement that representatives be selected by secret ballot in an election conducted by the National Labor Relations Board (NLRB) by a majority of the employees in a unit. Defines "majority" for purposes of determining the majority of employees in an election to mean the majority of all employees in the unit, and not the majority of employees voting in the election. Requires the NLRB, in cases where an existing certified or voluntarily recognized bargaining unit experiences turnover, expansion, or alteration by merger of more than 50% of the unit's employees, to conduct a secret paper ballot among the unit employees: (1) between the 120th day and 110th day before the collective bargaining agreement's expiration or before the end of three years, if there is an agreement between the labor organization and the employer; or (2) within 30 days, if there is no agreement between such parties. Requires the NLRB to decide, before the election of a labor organization as the exclusive collective bargaining representative of all employees of an appropriate unit, whether such unit shall be the employer unit, craft unit, plant unit, or subdivision unit. Requires the NLRB to give 14 days advance notice before a hearing when it is investigating an election petition if it has reasonable cause to believe that a question of representation affecting commerce exists. Revises the requirement that the NLRB direct an election by secret ballot, and certify its results, whenever it finds upon the record of such a hearing that a question of representation exists. Adds a requirement that the NLRB also review all post-hearing appeals before finding that such a question exists. Requires an employer to provide the NLRB a list consisting only of employee names and home addresses of all eligible voters within 7 days after an NLRB determination of the appropriate unit or following any agreement between the employer and the labor organization regarding eligible voters. Prohibits an election after the filing of a petition unless and until: (1) a hearing is conducted before a qualified hearing officer on any and all material, factual issues regarding jurisdiction, statutory coverage, appropriate unit, unit inclusion or exclusion, or eligibility of individuals; and (2) the issues are resolved by a regional Director, subject to appeal and review, or by the NLRB. Declares that election results shall not be final nor any labor organization be certified as a bargaining representative unless the NLRB has ruled on: (1) each pre-election issue not resolved before the election; and (2) the NLRB conducts a hearing and resolves each issue pertaining to the conduct or results of the election. Makes any labor organization found to have interfered with, restrained, or coerced employees in the exercise of their rights to form or join a labor organization or to refrain from forming or joining (including the filing of a decertification petition) liable for lost wages and unlawfully collected union dues and fees, if any, and an additional amount as liquated damages. Amends the Labor-Management Reporting and Disclosure Act of 1959 (Landrum-Griffin Act) to permit an election by secret ballot to be conducted through votes cast by electronic ballot cast in the privacy of a voting booth. Requires every employee in a bargaining unit represented by a labor organization, regardless of membership status, to have the same right as members to vote by secret ballot to ratify a collective bargaining agreement with, or to engage in, a strike or refusal to work of any kind against their employer. Prohibits the use of an employee's union dues for any purpose not directly related to the labor organization's collective bargaining, unless that employee authorizes such expenditure in writing. Prohibits a strike without the consent of a majority of all unit employees affected, determined by a secret ballot vote conducted by a neutral, private organization chosen by agreement between the employer and the labor organization. Requires each labor organization to make the independently verified annual audit report of its financial condition and operations available to all of its members and represented nonmembers. Makes it unlawful for a person to use force or violence, or threaten the use of force or violence, to restrain, coerce, or intimidate a person, or attempt to, in order to obtain from any person any right to represent employees, compensation, or other term or condition of employment. Subjects persons who willfully violate such prohibitions to both civil and criminal penalties.
United States · United States Congress · 30 October 2013
Prevent Interruptions in Physical Therapy Act of 2013 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to require physical therapists furnishing outpatient physical therapy services to use specified locum tenens arrangements for payment purposes in the same manner as such arrangements are used to apply to physicians furnishing substitute physicians services for other physicians. (Locum tenens [place holder], or substitute, physicians usually assume professional practices in the absence of a regular physician for reasons such as illness, pregnancy, vacation, or continuing medical education.)
United States · United States Congress · 29 October 2013
Uniting and Strengthening America by Fulfilling Rights and Ending Eavesdropping, Dragnet-collection, and Online Monitoring Act or the USA FREEDOM Act - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to set forth additional requirements for obtaining orders for business records in counterterrorism investigations, including requiring that the records sought pertain to a foreign power, an agent of a foreign power, or an individual in contact with, or known to a suspected agent of, a foreign power. Requires additional information if the applicant is seeking a nondisclosure requirement in connection with such request. Allows the Director of the Federal Bureau of Investigation (FBI) to apply for renewals of nondisclosure requirements. Authorizes the Attorney General (AG) to require the production of call data records by the provider of a wire or electronic communication service. Amends the USA PATRIOT Improvements and Reauthorization Act of 2005 to require the Inspector General (IG) of the Department of Justice (DOJ), for 2010 through 2013, to report on an examination of the minimization procedures (procedures designed to minimize the acquisition and retention of information and to prohibit its unauthorized dissemination) used in relation to business records orders. Imposes additional requirements on the authorized use of pen registers and trap and trace devices (devices for recording incoming and outgoing telephone numbers), including that: (1) the information sought must pertain to a foreign power, agent thereof, or individual in contact with or known to such an agent; and (2) the application must contain a statement of proposed minimization procedures. Requires audits of the effectiveness and use of such devices. Prohibits the searching of collections of communications of U.S. persons, except: (1) under an order or authorization for electronic surveillance or physical search, (2) with the consent of such person, or (3) under a reasonable belief that the life or safety of the person is threatened and the information is sought to assist that person. Limits the collection of wholly domestic communications of a U.S. person to those communications: (1) to which any party is a target of the acquisition; or (2) that contain an identifier of a target of an acquisition, only if the communications are acquired to protect against international terrorism or the proliferation of weapons of mass destruction. Prohibits receiving into evidence any information obtained in an acquisition against any U.S. person for which a deficiency in the procedures for acquiring such information is identified by the Foreign Intelligence Surveillance Court (FISA Court). Authorizes the FISA Court, if the government corrects any deficiencies so identified, to permit the use or disclosure of information acquired before the correction under such minimization procedures as the FISA Court shall establish. Repeals on June 1, 2015, FISA procedures regarding the targeting of non-U.S. persons located outside the United States in order to acquire foreign intelligence information. Requires reviews of surveillance targeting and minimization procedures by the IG of the Intelligence Community (IC), including mandatory review with respect to the privacy rights of U.S. persons. Establishes within the judicial branch an Office of the Special Advocate to participate in proceedings before the FISA Court and the Foreign Intelligence Surveillance Court of Review, request reconsiderations of FISA Court decisions, and participate in appeals and reviews. Requires the Special Advocate to vigorously advocate in support of legal interpretations that protect individual privacy and civil liberties. Requires the Attorney General to publicly disclose specified information in connection with FISA Court or FISA Court of Review decisions appealed by the Special Advocate. Requires the release of as much information regarding the facts and analysis in such decisions as is consistent with legitimate national security concerns. Authorizes the FBI Director to request from a communication service provider the name, address, length of service, and local and long distance billing records of a person as part of a national security investigation only if there are reasonable grounds to believe that the information sought pertains to a foreign power, an agent of a foreign power, or an individual in contact with, or known to a suspected agent of, a foreign power. Provides similar requirements with respect to an FBI request for information from financial institutions and consumer reporting agencies. Revises provisions prohibiting the disclosure of the receipt of a national security letter by such providers, institutions, and agencies to except disclosure to: (1) those persons to whom disclosure is necessary to comply with the request, (2) an attorney in order to obtain legal advice or assistance regarding the request, or (3) other persons as permitted by the FBI. Includes under such prohibition (with the same exceptions) national security letters issued in connection with the investigation of persons with access to classified information. Allows affected communications providers, financial institutions, and consumer reporting agencies to seek judicial review of requests for information. Requires the DOJ IG to report results of audits of national security letters issued during 2010 through 2013. Amends provisions of FISA, the Right to Financial Privacy Act of 1978, the National Security Act of 1947, and the Fair Credit Reporting Act (FCRA) concerning national security letters to, effective June 1, 2015, make such provisions read as they read on October 25, 2001. Allows electronic service providers to publicly report on information provided under FISA orders and national security letters. Exempts such providers from liability with respect to such reports. Revises requirements concerning government reporting on the use of FISA orders and national security letters. Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to remove the AG as a required intermediary for subpoenas in connection with authorized activities of the Privacy and Civil Liberties Oversight Board.
United States · United States Congress · 29 October 2013
Amends the Patient Protection and Affordable Care Act to delay until 2016 the imposition of the annual fee on health insurance providers. Requires the Secretary of the Treasury to issue guidance directing covered entities to return any amounts collected from consumers or other sources that were attributed to the annual fee that was scheduled to be imposed for 2014 and 2015.
United States · United States Congress · 28 October 2013
Reducing Employer Burdens, Unleashing Innovation, and Labor Development Act of 2013 - Expresses the sense of Congress that increasing the competitiveness of U.S. manufacturers will strengthen the national economy. Title I: Investing in America's Workforce - Investing in America's Workforce Act - Amends the Workforce Investment Act of 1998 to require state or local workforce investment systems to use youth activities funds allocated to a local area for programs that provide training, which may include priority consideration for training programs that lead to recognized postsecondary credentials aligned with in-demand occupations or industries in the local area involved. Authorizes the operator and employees of a one-stop center, in assisting individuals in selecting programs of training services, to give priority consideration to such programs. Adds to eligibility requirements for providers of training services and providers of youth activities for such programs. Requires programs of training services and youth activities programs that lead to a recognized postsecondary credential to meet quality criteria established by the state governor. Amends the Carl D. Perkins Career and Technical Education Act of 2006 and the Trade Act of 1974 to require the same priority consideration in the state and local plans for career and technical education programs as well as in tech prep programs and trade adjustment assistance (TAA) programs. Title II: Research and Development Tax Credits - Amends the Internal Revenue Code to: (1) extend through 2014 the tax credit for increasing research activities, and (2) increase and make permanent the alternative simplified research tax credit. Title III: Comprehensive Tax Reform - Directs the Chair of the Joint Committee on Taxation to notify Congress of any introduced tax reform bill that contains proposals for: (1) a transition to a more globally competitive corporate tax code, (2) a reduction in the complexity of the tax code, and (3) the elimination of special interest loopholes in the tax code. Sets forth procedures for expedited congressional consideration of such bill. Title IV: Federal Oil and Gas Resources - Subtitle A: Expanding Offshore Energy Development - Amends the Outer Continental Shelf Lands Act (OCSLA) regarding the Outer Continental Shelf (OCS) oil and natural gas leasing program to direct the Secretary of the Interior (Secretary in this title) to make lands available for leasing and to conduct lease sales that include: (1) at least 50% of the available unleased acreage within each OCS planning area considered to have the largest undiscovered, technically recoverable oil and gas resources, with an emphasis upon offering the most geologically prospective parts; and (2) any state subdivision of an OCS planning area whose state governor requests that the land be made available for leasing. Directs the Secretary to make available for leasing in each five-year oil and gas leasing program, OCS planning areas that are estimated to contain more than 2.5 billion barrels of oil or more than 7.5 trillion cubic feet of natural gas. Directs the Secretary, when determining such planning areas, to use the document entitled "Minerals Management Service Assessment of Undiscovered Technically Recoverable Oil and Gas Resources of the Nation's Outer Continental Shelf, 2006." Requires the Secretary, when developing a five-year oil and gas leasing program that applies before 2027, to determine increased domestic strategic production goals. Subtitle B: Coastal Plain of Alaska - American Energy Independence and Price Reduction Act - Directs the Secretary to: (1) establish a competitive oil and gas leasing program that will result in an environmentally sound program for the exploration, development, and production of the oil and gas resources of the Coastal Plain; and (2) ensure the oil and gas exploration, development, and production activities on the Coastal Plain will result in no significant adverse effect on fish and wildlife, their habitat, subsistence resources, or the environment, including by requiring the application of the best commercially available technology for oil and gas exploration, development, and production to all exploration, development, and production operations under this subtitle in a manner that ensures the receipt of fair market value by the public for the mineral resources to be leased. Amends the Alaska National Interest Lands Conservation Act of 1980 to repeal the prohibition against production of oil and gas from the Arctic National Wildlife Refuge (ANWR) and against leasing or other development leading to such production. Authorizes the Secretary to designate as a Special Area up to 45,000 acres of the Coastal Plain. Permits directional drilling in the Special Area. Directs the Secretary to implement a competitive leasing program for the exploration, development, and production of oil and gas resources on the Coastal Plain of Alaska. Permits lease sales to be conducted through an Internet leasing program. Prescribes procedures governing Coastal Plain lease sales, as well as lease terms and conditions. Authorizes the Secretary to grant Coastal Plain lands to the highest responsible qualified bidder in a lease sale upon the lessee's payment of a bonus. Sets forth: (1) a "no significant adverse effect" standard to govern Coastal Plain activities, and (2) guidelines for expedited judicial review of complaints. Requires the Secretary to prepare and update periodically a plan for the siting and construction of facilities for the exploration, development, production, and transportation of Coastal Plain oil and gas resources. Establishes the ANWR Alternative Energy Trust Fund as repository for 50% of the amount of bonus, rental, and royalty revenues from federal oil and gas leasing and operations authorized under this title. Title V: Energy Consumers Relief - Requires the Administrator of the Environmental Protection Agency (EPA), before promulgating a final rule that regulates any aspect of the production, supply, distribution, or use of energy (or that provides for such regulation by state or local governments) and that is estimated by the Administrator or the Director of the Office of Management and Budget (OMB) to impose aggregate costs of more than $1 billion, to submit a report that contains: (1) an estimate of the total costs and benefits of the rule, (2) an estimate of the increases in energy prices that may result from implementation or enforcement of the rule, and (3) a detailed description of the employment effects that may result from implementation or enforcement of the rule. Requires the Secretary of Energy (DOE): (1) to prepare an independent analysis to determine whether such rule will cause any increase in energy prices for consumers, any impact on fuel diversity of the nation's electricity generation portfolio or on electric reliability, or any adverse effect on energy supply, distribution, or use; and (2) upon making such a determination, to determine whether the rule will cause significant adverse effects to the economy and publish such determination in the Federal Register. Prohibits the Administrator from promulgating any such final rule if the Secretary determines that such rule will cause significant adverse effects to the economy. Prohibits the Administrator from using the social cost of carbon in any cost-benefit analysis relating to an energy-related rule estimated to cost more than $1 billion unless and until a federal law is enacted authorizing such use. Title VI: Repeal of the Health Care Law and Health Care-Related Provisions in the Health Care and Education Reconciliation Act of 2010 - Repealing the Health Care Law Act - Repeals the Patient Protection and Affordable Care Act and the health care provisions of the Health Care and Education and Reconciliation Act of 2010, effective as of their enactment. Restores or revives provisions amended or repealed by such Act or such health care provisions. Title VII: Cooperative Governing of Individual Health Insurance Coverage - Amends the Public Health Service Act to require that the laws of the state designated by a health insurance issuer (primary state) shall apply to individual health insurance coverage offered by that issuer in the primary state and in any other state (secondary state), but only if the coverage and issuer comply with conditions of this title. Title VIII: Renewal of Trade Promotion Authority - Amends the Bipartisan Trade Promotion Authority Act of 2002 to authorize the President to enter into trade agreements with foreign countries regarding tariff and nontariff trade barriers: (1) on and after enactment of this Act and before July 1, 2018; or (2) on and after July 1, 2018, and before July 1, 2020, if certain congressional trade authorities procedures for implementing trade bills are extended for that period. Applies certain congressional and presidential trade authorities requirements to trade agreements that resulted from negotiations commenced before enactment of this Act. Title IX: Reform of Export Control Policies - Expresses the sense of Congress that the Export Administration Act of 1979, as continued in effect by the International Emergency Economic Powers Act, is obsolete and should be reformed and reauthorized. Title X: Efficient Use of Government Spectrum - Efficient Use of Government Spectrum Act of 2013 - Directs the Federal Communications Commission (FCC), within three years after enactment of the Middle Class Tax Relief and Job Creation Act of 2012: (1) to reallocate electromagnetic spectrum between the frequencies from 1755 to 1780 megahertz (currently, such frequencies are occupied by the Department of Defense [DOD] and other federal agencies) for commercial use; and (2) as part of the competitive bidding auctions required by such Act, to grant new initial licenses, subject to flexible-use service rules, for the use of such spectrum, paired with the spectrum between frequencies from 2155 to 2180 megahertz already designated for auction. Directs the proceeds attributable to the competitive bidding of the 1755 to 1780 megahertz range to be allocated in the same manner as other specified frequencies pursuant to such Act for uses including reimbursements to agencies for relocation and sharing costs, the building of the nationwide public safety broadband network, and deposits or reimbursements to the U.S. Treasury. Requires such spectrum to be relocated in a manner to ensure cooperation between federal and commercial entities under procedures in the National Telecommunications and Information Administration Organization Act, except for DOD-operated spectrum, which shall be relocated under the National Defense Authorization Act for Fiscal Year 2000. Directs federal entities operating a federal government station, within a specified period before commencement of competitive bidding, to identify stations that cannot be relocated without jeopardizing essential military capability. Requires the transition plans of federal entities identifying such essential spectrum to: (1) provide for non-federal users to share such stations, and (2) limit any necessary exclusion zones to the smallest possible zones. Directs the President to withdraw assignments upon relocation or to modify assignments to permit federal and non-federal use.
United States · United States Congress · 28 October 2013
Keep Your Health Plan Act of 2013 - Permits a health insurance issuer that has in effect health insurance coverage in the individual market as of January 1, 2013, to continue offering such coverage for sale during 2014 outside of a health care exchange established under the Patient Protection and Affordable Care Act. Treats such coverage as a grandfathered health plan for purposes of an individual meeting the requirement to maintain minimum essential health coverage.
United States · United States Congress · 22 October 2013
Taxpayer Transparency Act of 2013 - Requires each communication funded by a federal agency for advertising or educational purposes to clearly state: (1) in the case of a printed communication, including mass mailings, signs, and billboards, that the communication is printed and published at taxpayer expense; and (2) in the case of a communication transmitted through radio, television, or the Internet, that the communication is produced and disseminated at taxpayer expense. Requires any such printed communication, including e-mails, to be of sufficient size to be clearly readable, to be set apart from the other contents of the communication, and to be printed with a reasonable degree of color contrast between the background and the printed statement. Exempts from such requirements: (1) information in a solicitation for offers for a federal contract; and (2) advertisements for employment opportunities, not including advertising materials developed for use in recruiting and retaining personnel for the Armed Forces.
United States · United States Congress · 22 October 2013
Designates the Department of Veterans Affairs (VA) medical center in Bay Pines, Florida, as the "C.W. Bill Young Department of Veterans Affairs Medical Center."
United States · United States Congress · 22 October 2013
Telehealth Enhancement Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to direct the Secretary of Health and Human Services (HHS), in order to provide a positive incentive for certain hospitals to lower their excess readmission ratios for inpatient services, to make an additional payment to a hospital in such proportion that provides for a sharing of the savings from better-than-expected performance between the hospital and the Medicare program. Authorizes the Secretary, in the case of a state that has amended its Medicaid plan to provide coordinated care through a health home for individuals with chronic conditions, to contract with the state medical assistance agency to serve eligible individuals with chronic conditions who select a designated provider, a team of health care professionals operating with such a provider, or a health team as the individual's health home. Authorizes the Secretary to contract with a national or multi-state regional center of excellence with a network of affiliated local providers to provide through one or more medical homes for targeted, accessible, continuous, and coordinated care to individuals under Medicare and Medicaid with a long-term illness or medical condition that requires regular medical treatment, advising, and monitoring. Authorizes an Accountable Care Organization (ACO) to include coverage of telehealth and remote patient monitoring services as supplemental health care benefits to the same extent as a Medicare Advantage plan is permitted to provide such coverage of such services as supplemental health care. Recognizes telehealth services and remote patient monitoring in the national pilot program on payment bundling. Includes among originating sites (at which an eligible telehealth individual is located at the time a service is furnished via a telecommunications system), but without receiving payment of a facility fee, any critical access hospitals, sole community hospitals, home telehealth sites, as well as specified others. Amends SSA title XIX (Medicaid) to give states the option to provide coordinated care for enrollees with high-risk pregnancies and births. Amends the Communications Act of 1934 to specify additional health care providers to which universal telecommunications service support must be provided. Requires Federal Communications Commission (FCC) rules for enhancing health care provider access to advanced telecommunications and information services to disregard provider location.
United States · United States Congress · 22 October 2013
Sensible Oversight for Technology which Advances Regulatory Efficiency Act of 2013 or the SOFTWARE Act of 2013 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to apply it to medical software to the same extent and in the same manner as it applies to devices. Defines "medical software" as software that is intended to be marketed: to directly change the structure or any function of the body of man or other animals; or for use by consumers and makes recommendations for clinical action that includes the use of a drug, device, or procedure to cure or treat a disease or other condition without requiring the involvement of a health care provider and which, if followed, would change the structure or any function of the body of man or other animals. Excludes from such definition software whose primary purpose is integral to the functioning of a drug or device and is not a component of a device. Excludes clinical software and health software (defined as follows) from FDCA regulation. Defines "clinical software" as software that: (1) captures, analyzes, changes, or presents patient or population clinical data or information and may recommend courses of clinical action, but does not directly change the structure or any function of the body of man or other animals; and (2) is intended for use only by a health care provider in a health care setting. Defines "health software" as software that is not medical software or clinical software and that: (1) captures, analyzes, changes, or presents patient or population clinical data or information or supports administrative or operational aspects of health care and is not used in the direct delivery of care; or (2) has as its primary purpose to act as a platform for a secondary software, to run or act as a mechanism for connectivity, or to store data. Expresses the sense of Congress concerning the value of clinical software and health software to health care quality and efficacy and the need for legislation that establishes a risk-based regulatory framework that reduces regulatory burdens, promotes patient safety, and fosters innovation. Excludes medical software, clinical software, and health software from the FDCA definition of "device."
United States · United States Congress · 16 October 2013
Security Before Access Act of 2013 - Amends the Public Health Service Act, with respect to patient navigator services, to require recipients of grants for the development and operation of demonstration programs to implement procedures developed under this Act to protect the privacy of personally identifiable information (PII). Requires procedures specified by the Secretary of Health and Human Services (HHS) to include at least those that: require for access to PII relating to an individual the express written consent of that individual; condition access by a certified application counselor, health insurance navigator, or non-navigator assistance personnel upon a criminal background and fingerprint check; and require the meeting of educational and licensure requirements that are identical or comparable to those currently applicable to health insurance agents and brokers within the state in which they seek to assist consumers. Prohibits a grant recipient from collecting PII until the Comptroller General (GAO) certifies to Congress that HHS and any other relevant federal agencies have implemented all appropriate and necessary actions to safeguard the information of individuals seeking enrollment in a health plan through a health insurance Exchange and to protect them from fraud and abuse. Provides procedures for development of guidance concerning liability, determinations of liable parties, and determinations of whether entities described in this Act are required to obtain professional liability coverage. Imposes criminal penalties for unauthorized access, including under the Internal Revenue Code in cases involving consumer tax return information. Requires the Secretary to permanently disqualify an individual with a criminal background or otherwise in violation of this Act from any further involvement in consumer assistance activities required under the patient navigator provisions or the Patient Protection and Affordable Care Act (PPACA). Allows the disqualification and rescission of federal and Exchange-generated funds from the entity that employs or contracts with such an individual. Relieves consumers from responsibility for failure to meet a requirement under PPACA for obtaining qualified health insurance coverage through an Exchange unless the Secretary has demonstrated with reasonable certainty that effective and comprehensive PII protection is in place prior to any consumer disclosure for health insurance enrollment purposes.
United States · United States Congress · 9 October 2013
Abortion Insurance Full Disclosure Act of 2013 - Amends the Patient Protection and Affordable Care Act, with respect to abortion coverage in qualified plans offered through a Health Benefit Exchange, to modify the notice rules to require that: in the case of services regarding abortions both for which public funding is prohibited and allowed, the extent of coverage shall be prominently displayed in any marketing or advertising materials, comparison tools, or summary of benefits and coverage explanation made available by the issuer of the plan, by an Exchange, or by the Secretary of Health and Human Services (HHS), including information made available through an Internet portal or Exchange; and in the case of abortions for which public funding is prohibited and where the premium for the plan is disclosed, the surcharge attributable to such services, consisting of an amount equal to the actuarial value of the coverage, shall be disclosed and identified separately.
United States · United States Congress · 8 October 2013
Expresses the sense of Congress that: (1) the Environmental Protection Agency (EPA) should hold public listening sessions on rulemaking targeting carbon dioxide emissions from existing power plants in each of the 15 states with the highest percentage of electricity generated by coal in 2012 (West Virginia, Kentucky, Wyoming, Indiana, Missouri, North Dakota, Utah, Nebraska, New Mexico, Ohio, Colorado, Kansas, Iowa, Montana, and Wisconsin); and (2) such sessions should be held at a time and place that would maximize the ability of individuals to participate.
United States · United States Congress · 4 October 2013
Medicare Home Health Fraud Reduction Act - Amends title XVIII (Medicare) of the Social Security Act to prohibit payments to a skilled home health agency under the prospective payment system for any episode of care to the extent that it exceeds the applicable episode utilization limit established by the Secretary of Health and Human Services (HHS). Specifies the formula for establishing an episode utilization limit for a skilled home health agency.
United States · United States Congress · 30 September 2013
Federal Employee Retroactive Pay Fairness Act - Provides for compensation of federal employees furloughed due to any lapse in appropriations that begins on or about October 1, 2013, for the period of such lapse in appropriations.
United States · United States Congress · 28 September 2013
Mortgage Choice Act of 2013 - Amends the Truth in Lending Act with respect to requirements for disclosure to a consumer of points and fees information about a consumer credit transaction, secured by the consumer's principal dwelling, but which is not a residential mortgage transaction, a reverse mortgage transaction, or a transaction under an open end credit plan, when the total points and fees the consumer must pay at or before closing will exceed 8% of the total loan amount or $400, whichever is greater. (Such consumer credit transactions might include an equity credit line to which consumer purchases or leases may be charged.) Excludes from the computation of such points and fees any escrow for future payment of insurance. Modifies the criteria for exclusion from the computation of points and fees of certain reasonable charges elsewhere exempted from the computation of the finance charge in extensions of credit secured by an interest in real property. Excludes from points and fees any such reasonable charges even though a creditor receives compensation, but only in so far as the creditor or its affiliate retains the compensation as a result of their participation in an affiliated business arrangement. (An "affiliated business arrangement" is one in which: (1) a person who is in a position to refer business incident to or a part of a real estate settlement service involving a federally related mortgage loan, or an associate of such person, has either an affiliate relationship with or a direct or beneficial ownership interest of more than 1% in a provider of settlement services; and (2) either of such persons directly or indirectly refers such business to that provider or affirmatively influences the provider's selection.) Revises the additional requirement that such a reasonable charge be paid to a third party unaffiliated with the creditor. Requires the charge to be: (1) a bona fide third party charge not retained by the mortgage originator, creditor, or an affiliate; or (2) a fee or premium for title examination, title insurance, or similar purposes. Modifies the conditions under which federal departments and agencies may exempt refinancings under a streamlined refinancing from an income verification requirement that, at the time a refinancing is consummated, the consumer has a reasonable ability to repay the loan and all applicable taxes, insurance, and assessments. Repeals the exception for bona fide third party charges not retained by the mortgage originator, creditor, or an affiliate from the requirement that total points and fees not exceed 3% of the total new loan amount. (Thus subjects such charges to the same 3% ceiling.)
United States · United States Congress · 25 September 2013
Amends the Fair Labor Standards Act of 1938 to exempt from maximum hours requirements any employee who: (1) adjusts or evaluates claims resulting from or relating to a major disaster for at least $591 per week (or any minimum weekly amount established by the Secretary of Labor, whichever is greater) during the 2-year period after the disaster; and (2) is employed as an adjuster or evaluator by an employer not itself engaged, directly or through an affiliate, in underwriting, selling, or marketing property, casualty, or liability insurance policies or contracts.
United States · United States Congress · 25 September 2013
Disapproves the rule submitted by the Administrator of the Environmental Protection Agency (EPA) on September 20, 2013, relating to "Standards of Performance for Greenhouse Gas Emissions from New Stationary Sources: Electric Utility Generating Units" under the Clean Air Act.
United States · United States Congress · 18 September 2013
American Health Care Reform Act of 2013 - Repeals the Patient Protection and Affordable Care Act and the health care provisions of the Health Care and Education and Reconciliation Act of 2010, effective as of their enactment. Restores or revives provisions amended or repealed by such Act or such health care provisions. Amends the Internal Revenue Code (IRC) to allow an income tax standard deduction for a specified percentage of an individual's health insurance costs, regardless of whether or not the taxpayer itemizes other deductions. Excludes the amount of such a deduction from employment taxes. Allows a taxpayer, for earned income credit purposes, to exclude from earned income any employer contributions to a qualified accident or health plan. Allows double additional contributions to a health savings account (HSA) if both spouses are age 55 or older and one spouse is not an account beneficiary. Prescribes special rules for HSA coverage eligibility for certain individuals: (1) participating in a Medicare Advantage Medical Savings Account (MSA), (2) receiving periodic hospital care or medical services for a service-connected disability, (3) eligible for Indian Health Service assistance, or (4) eligible for TRICARE coverage. Prescribes requirements for interaction of health flexible spending arrangements (FSAs) and health reimbursement arrangements with HSAs. Prohibits the payment of health insurance premiums from HSAs, with certain exceptions. Prescribes circumstances in which certain medical expenses incurred before establishment of an HSA may still be qualified expenses. Prescribes requirements for protection of any HSA in a bankruptcy proceeding. Amends title XIX (Medicaid) of the Social Security Act (SSA) to authorize additional health opportunity account demonstration programs. Treats membership in a health care sharing ministry as coverage under a high deductible health plan. Renames high deductible health plans as HSA qualified plans. Allows payments from an HSA for: (1) direct primary care service arrangements, (2) certain exercise equipment and physical fitness programs, (3) certain nutritional and dietary supplements, and (4) periodic fees paid to a primary care physician for the right to receive medical services on an as-needed basis. Increases the maximum limit on contributions to an HSA to match deductible and out-of-pocket expenses limitations. Prescribes requirements for establishment of child health savings accounts, for which an income tax deduction shall be allowed a taxpayer equal to the aggregate cash amount paid into the account during the taxable year. Amends the IRC to include in gross income any distributions from an HSA for an abortion. Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act (PHSA), and the IRC to authorize premium and cost-sharing variances in group health plans based on certain financial incentives for participation (or lack of it) in a standards-based wellness program. Amends the PHSA to direct the Secretary to provide a grant of up to $5 million to each state for the costs of creation and initial operation of a qualified high risk pool if it has not created such a pool as of September 1, 2013. Limits participation in such a pool to U.S. citizens and nationals. Declares that the laws of the state designated by a health insurance issuer (primary state) shall apply to individual health insurance coverage offered by that issuer in the primary state and in any other state (secondary state), but only if the coverage and issuer comply with conditions of this Act. Prohibits a health insurance issuer from offering, selling, or issuing individual health insurance coverage in a secondary state if its insurance commissioner does not use a risk-based capital formula for determining capital and surplus requirements for all health insurance issuers. Amends the McCarran-Ferguson Act to declare that nothing in it shall modify, impair, or supersede the operation of any of the antitrust laws with respect to the business of health insurance (including the business of dental insurance). Amends SSA title XI (General Provisions) to require the Secretary to make available to the public Medicare claims and payment data, including data on payments made to any provider of services or supplier. Authorizes a state to establish a Health Plan and Provider Portal website to standardize information on: (1) health insurance plans available in the state, and (2) price and quality information on health care providers (including physicians, hospitals, and other health care institutions). Declares that nothing in this Act shall be construed to interfere with the doctor-patient relationship or the practice of medicine. Amends the American Recovery and Reinvestment Act of 2009 to eliminate the Federal Coordinating Council for Comparative Effectiveness Research. Amends ERISA to prescribe requirements for establishment and governance of association health plans, which are group health plans meeting certain ERISA certification criteria whose sponsors are trade, industry, professional, chamber of commerce, or similar business associations. Limits the commencement of a health care lawsuit, except in certain cases including fraud or intentional concealment, to three years after the date of manifestation of injury or one year after the claimant discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first. Limits to $250,000 the amount of noneconomic damages in such a lawsuit, but allows a claim for the full amount of any economic damages. Requires the court, in any health care lawsuit, to supervise the arrangements for payment of damages to protect against conflicts of interest that may have the effect of reducing the amount of damages awarded that are actually paid to claimants. Specifies criteria for the award of punitive damages, limited to the greater of $250,000 or double the amount of economic damages. Preempts state law with respect to health care lawsuits. Declares that nothing in this Act shall be construed to: (1) require any health plan to provide coverage of or access to abortion services; or (2) allow the Secretary, the Secretary of the Treasury, the Secretary of Labor, or any other federal or non-federal person or entity in implementing this Act to require coverage of, or access to, abortion services. Prohibits the use of funds authorized or appropriated by this Act to pay for any abortion or to cover any part of the costs of any health plan that includes abortion coverage, except: (1) if the pregnancy is the result of an act of rape or incest; or (2) in the case where a pregnant female suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the female in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself.
United States · United States Congress · 17 September 2013
Modernizing Our Drug & Diagnostics Evaluation and Regulatory Network Cures Act of 2013 or MODDERN Cures Act of 2013 - Requires the Secretary of Health and Human Services (HHS) to: (1) establish the Advanced Diagnostics Education Council to recommend standard terms and definitions related to innovative diagnostics for use by patients, physicians, health care providers, payers, and policy makers; and (2) publish a guide regarding such terms and definitions. Sets forth additional factors for the Secretary to consider in determining the payment amount for new clinical diagnostic laboratory tests under gap filling procedures which are used when no comparable existing test is available. Extends the exclusivity period for a medicine if the diagnostic test related to such drug has been determined by the Secretary to have been developed by, or with the participation of, the manufacturer or sponsor of the medicine, and use of the diagnostic tests provides for or improves: (1) the identification of a patient population for the medicine; or (2) the determination of the most appropriate treatment option for a patient population with the medicine. Establishes a dormant therapy designation for medicine that addresses unmet medical needs. Gives such medicine 15 years of data exclusivity under which no drug can be approved by relying on the approval or licensure of the dormant therapy. Directs the Secretary to arrange with the Institute of Medicine (or, if it declines, another appropriate entity) to study intellectual property laws and their impact on therapy and diagnostic development in order to formulate recommendations on how to facilitate the clinical evaluation and development of therapies currently available on the market for new potential indications.
United States · United States Congress · 17 September 2013
Medicare Orthotics and Prosthetics Improvement Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act, for application of quality standards for certain accredited suppliers of prosthetic devices, orthotics, and certain prosthetics, to require the Secretary of Health and Human Services (HHS) to designate and approve an independent accreditation organization with respect to such suppliers only if that organization is the American Board for Certification in Orthotics and Prosthetics, Inc. or the Board for Orthotist/ Prosthetist Certification (or a program with essentially equivalent accreditation and approval standards). Exempts from such standards any suppliers who: (1) are physicians, occupational therapists, or physical therapists licensed or otherwise regulated by the state in which they practice; and (2) receive Medicare payments. Applies to custom-fitted orthotics the special payment rules for certain prosthetics and custom-fabricated orthotics. Exempts from such rules off-the-shelf orthotics included in a competitive acquisition program. Modifies the Medicare payment rules for orthotics and prosthetics to account for supplier qualifications and complexity of care. Directs the Secretary to report to Congress on: (1) HHS steps taken to ensure that the state licensure and accreditation requirements are enforced, and (2) the effects of requirements of this Act on the occurrence of Medicare fraud and abuse with respect to orthotics and prosthetics. Requires the Secretary, acting through the Chief Actuary of the Centers for Medicare and Medicaid Services, to submit to Congress a projection on the effect on cumulative federal spending under Medicare part B (Supplementary Medical Insurance) for 2014-2018 that will result from implementation of this Act. Requires the Secretary, if the Chief Actuary projects that implementation of this Act will not result in a cumulative spending reduction of at least $250 million for 2014-2018, to issue an interim final regulation to strengthen the licensure, accreditation, and quality standards applicable to orthotics and prosthetics suppliers in order to produce such a cumulative reduction by the end of 2018. Exempts from such regulation any qualified physical therapist or qualified occupational therapist.
United States · United States Congress · 12 September 2013
Modernizing Our Drug & Diagnostics Evaluation and Regulatory Network Cures Act of 2013 or MODDERN Cures Act of 2013 - Requires the Secretary of Health and Human Services (HHS) to: (1) establish the Advanced Diagnostics Education Council to recommend standard terms and definitions related to innovative diagnostics for use by patients, physicians, health care providers, payers, and policy makers; and (2) publish a guide regarding such terms and definitions. Sets forth additional factors for the Secretary to consider in determining the payment amount for new clinical diagnostic laboratory tests under gap filling procedures which are used when no comparable existing test is available. Extends the exclusivity period for a medicine if the diagnostic test related to such drug has been determined by the Secretary to have been developed by, or with the participation of, the manufacturer or sponsor of the medicine, and use of the diagnostic tests provides for or improves: (1) the identification of a patient population for the medicine; or (2) the determination of the most appropriate treatment option for a patient population with the medicine. Establishes a dormant therapy designation for medicine that addresses unmet medical needs. Gives such medicine 15 years of data exclusivity under which no drug can be approved by relying on the approval or licensure of the dormant therapy. Directs the Secretary to arrange with the Institute of Medicine (or, if it declines, another appropriate entity) to study intellectual property laws and their impact on therapy and diagnostic development in order to formulate recommendations on how to facilitate the clinical evaluation and development of therapies currently available on the market for new potential indications.
United States · United States Congress · 12 September 2013
Missing Children's Assistance Reauthorization Act of 2013 - Amends the Missing Children's Assistance to declare that many missing children are runaways. Requires the Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice (DOJ) to send the Office's annual report to the President and Congress specifically to the Committee on Education and the Workforce of the House of Representatives and the Committee on the Judiciary of the Senate. Requires the Administrator also to coordinate with the U.S. Interagency Council on Homelessness to ensure that homeless services professionals are aware of educational resources and assistance provided by the Center regarding child sexual exploitation. Adds to the authorized uses of the annual grant to National Center for Missing and Exploited Children: (1) giving technical assistance and training to state and local law enforcement agencies and statewide clearinghouses to coordinate with state and local educational agencies in identifying and recovering missing children; (2) assisting the efforts of law enforcement agencies in coordinating with child welfare agencies to respond to foster children missing from the state welfare system; and (3) giving technical assistance to law enforcement agencies and first responders in identifying, locating, and recovering victims of, and children at risk for, child sex trafficking. Prohibits the use of federal funds to pay the compensation of any Center employee exceeding 110% of the maximum annual salary payable to a member of the federal government's Senior Executive Service (SES) for that year. Allows the Center to compensate an employee at a higher rate provided the amount exceeding this limitation is paid with non-federal funds. Excludes from the meaning of such compensation any health, medical, or life insurance payments, disability or retirement pay, or pensions benefits. Requires the Administrator to conduct national incidence studies triennially (currently, periodically) to determine for a given year the actual number of children reported missing, the number who are victims of abduction by strangers, the number who are the victims of parental kidnappings, and the number who are recovered each year. Requires that the Administrator's duty to provide to state and local governments, public and private nonprofit agencies, and individuals information to facilitate the lawful use of school records and birth certificates to identify and locate missing children be performed in compliance with the Family Educational Rights and Privacy Act of 1974. Authorizes the Administration to make grants or enter into contracts with the Center and with public agencies or nonprofit private organizations for research, demonstration projects, or service programs designed to: (1) educate schools, school leaders, teachers, state and local educational agencies, homeless shelters, and service providers in ways to prevent the abduction and sexual exploitation of children; and (2) aid schools in the collection of materials useful to parents in assisting others in the identification of missing children.
United States · United States Congress · 12 September 2013
Stability, Security, and Fairness Resolution of 2013 - Makes continuing appropriations for FY2014. Appropriates amounts for continuing operations, projects, or activities which were conducted in FY2013 and for which appropriations, funds, or other authority were made available in: the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2013 (division A of P.L. 113-6); the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2013 (division B of P.L. 113-6); and The Full-Year Continuing Appropriations Act, 2013 (division F of P.L. 113-6). Requires the rate for operations for each account to be calculated to reflect the full amount of any reduction required in FY2013 pursuant to: section 3004 of division G of the Consolidated and Further Continuing Appropriations Act, 2013 (P.L. 113-6), if any; and the sequestration order issued to enforce a specified budget goal pursuant to the Balanced Budget and Emergency Deficit Control Act of of 1985 (Gramm-Rudman-Hollings Act). (The Gramm-Rudman-Hollings Act was amended by the Budget Control Act of 2011 to revise the discretionary spending limits and reduce the discretionary appropriations and direct spending specified in the Gramm-Rudman-Hollings Act unless a joint committee bill achieving an amount greater than $1.2 trillion in deficit reduction would be enacted by January 15, 2012.) Provides funding under this joint resolution through FY2014, unless otherwise provided for in this division or in the applicable appropriations Act. Authorizes continuation of other specified activities (including those for entitlements and other mandatory payments) through such fiscal year. Enacts the following bills into law: H.R. 2216 (Military Construction and Veterans Affairs, and Related Agencies Appropriations Act, 2014), as engrossed by the House of Representatives on June 4, 2013; H.R. 2217 (Department of Homeland Security Appropriations Act, 2014), as engrossed by the House on June 6, 2013; and H.R. 2397 (Department of Defense Appropriations Act, 2014), as engrossed by the House on July 24, 2013. Amends the Gramm-Rudman-Hollings Act to reduce the discretionary category in new budget authority for FY2014 from $1.066 trillion to $967.473 million. Requires the Director of the Office of Management and Budget (OMB), if for FY2014 the amount of new budget authority provided by this joint resolution exceeds such discretionary spending limits, to increase the applicable percentage of 0% by the amount necessary to eliminate the excess of the limit. Rescinds the applicable 0%, subject to such requirement, of: the budget authority provided (or obligation limit imposed) for FY2014 for any discretionary account in section 101 of this joint resolution, the budget authority provided in any advance appropriation for FY2014 for any discretionary account (excluding any account funded under section 111 of this joint resolution) in any prior fiscal year appropriation Act, and the contract authority provided in FY2014 for any program subject to limitation incorporated or otherwise contained in section 101 of this joint resolution. Exempts: amounts designated by the Congress for Overseas Contingency Operations/Global War on Terrorism (OCO/GWOT) or for disaster relief; or the amount made available by this joint resolution for "Social Security Administration, Limitation on Administrative Expenses" for continuing disability reviews under titles II (Federal Old-Age, Survivors, and Disability Insurance [OASDI] Benefits) and XVI (Grants to States for Aid to the Aged, Blind, or Disabled) of the Social Security Act (SSA), and for the cost associated with conducting redeterminations of eligibility under SSA title XVI. Prohibits, during any fiscal year, the use of federal funds to carryout: (1) the Patient Protection and Affordable Care Act (PPACA); or (2) certain PPACA related requirements in the Health Care and Education Reconciliation Act of 2010. Rescinds any funds provided by PPACA, its title, or subtitle for FY2014. Delays: the obligation of any PPACA funds for FY2015 until January 1, 2015; and implementation of PPACA, its related requirements in the Health Care and Education Reconciliation Act of 2010, or amendments made by either Act until December 31, 2014.
United States · United States Congress · 1 August 2013
National Right-to-Carry Reciprocity Act of 2013 - Amends the federal criminal code to authorize a person who is carrying a valid, government-issued identification document containing that person's photograph and a valid permit to carry a concealed firearm in one state, and who is not prohibited from possessing, transporting, shipping, or receiving a firearm under federal law, to possess or carry a concealed handgun (other than a machine gun or destructive device) in another state in accordance with the restrictions of that state.
United States · United States Congress · 1 August 2013
Coal Healthcare and Pensions Protection Act of 2013 - Amends the Surface Mining Control and Reclamation Act of 1977 to address potential shortages in the Multiemployer Health Benefit Plan for payment of health care benefits to retired coal miners by expanding the eligible uses of interest transferable to the plan from the Abandoned Mine Reclamation Fund, and supplemental payments from the General Fund of the Treasury. Requires calculation of such amount by taking into account only those beneficiaries who are actually enrolled in the plan as of enactment of this Act, as well as those retirees whose health benefits, payable directly by an employer in the bituminous coal industry under a coal wage agreement as a result of a bankruptcy proceeding commenced in 2012, would be denied or reduced. Requires the Secretary of the Treasury to transfer to the trustees of the 1974 United Mine Workers of America (UMWA) Pension Plan a certain additional amount of funds, to pay pension benefits required under that plan, if the $490 million limitation on certain transfers to the UMWA Combined Benefit Fund and distributions to states and Indian tribes exceeds the aggregate amount required to be transferred to them. Amends the Internal Revenue Code to prescribe a special rule that employer contributions to an employees' trust or annuity benefit plan providing supplemental benefits solely to participants in a pension plan are neither deductible nor nondeductible as such from the employer's gross income. Subjects such contributions, on the other hand, to deduction as an allowable trade or business expense. Treats a trust holding the assets of such a pension benefit plan as a tax-exempt organization. Excludes from taxable wages any payments made to, or on behalf of, an employee or his or her beneficiary under such a plan.
United States · United States Congress · 1 August 2013
Behavioral Health Information Technology Act of 2013 - Amends the Public Health Service Act to include as a health care provider behavioral and mental health professionals, substance abuse professionals, psychiatric hospitals, certain community mental health centers, and residential or outpatient mental health or substance abuse treatment facilities. Amends title XVIII (Medicare) of the Social Security Act (SSA), with respect to incentives for meaningful use of certified electronic health records (EHR) technology under the pay schedule for physician's services, to include as additional eligible professionals clinical psychologists providing qualified psychologist services. Subjects any additional eligible professionals, including those under a MedicareAdvantage (MA) plan, to reductions in incentive payments after a certain date for failure to be a meaningful EHR user. Makes inpatient psychiatric hospitals eligible for payment for inpatient hospital services. Amends SSA title XIX (Medicaid) to treat as Medicaid providers: (1) public and certain private hospitals that are principally psychiatric hospitals, (2) certain community mental health centers, and (3) certain residential or outpatient mental health or substance abuse treatment facilities. Makes eligible professionals under the Medicaid program certain clinical psychologists providing qualified psychologist services. Authorizes a covered entity to submit to a patient safety organization information on electronic health record (EHR)-related adverse events with respect to certified EHR technology. Specifies covered entities as certain EHR users, health information exchange entities, and health care professionals who use EHR technology. Defines an EHR-related adverse event as a defect, malfunction, or error in the certified health information technology or EHR used by a provider, or in the input or output of data maintained through such technology or record, that results or could reasonably result in harm to a patient. Limits electronic discovery (e-discovery) in any health care lawsuit against a covered entity relating to an Reallotted adverse event involving certified EHR technology to information: (1) related to that event, and (2) from the period in which the event occurred. Prohibits a claimant from commencing a lawsuit more than three years after the manifestation of injury or one year after the claimant discovers, or should have discovered, the injury, whichever occurs first. Requires tolling of this limitation, however, to the extent that the claimant is able to prove: (1) fraud; (2) intentional concealment; or (3) the presence of a foreign body, with no therapeutic or diagnostic purpose or effect, in the injured person. Subjects each party to such a lawsuit which is not a covered entity to proportionate liability only. Allows punitive damages against a covered entity only upon proof by clear and convincing evidence that the entity acted with reckless disregard for the claimant's health or safety. Shields covered entities, employees, agents, and representatives from civil liability for libel or slander arising from information or entries made in certified EHR technology, or transferred to another eligible provider, if the information, entries, or transfer were made in good faith and without malice.
United States · United States Congress · 1 August 2013
United States Coast Guard Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue in commemoration of the United States Coast Guard: (1) $5 gold coins, (2) $1 silver coins, and (3) half-dollar clad coins. Requires the design of such coins to be emblematic of the traditions, history, and heritage of the Coast Guard, and its role in securing our nation since 1790. Prescribes design requirements. Restricts the issuance of such coins to the one-year period beginning on January 1, 2017. Prescribes the sale price of the coins and coin surcharges. Requires such surcharges to be paid by the Secretary to the National Coast Guard Museum Foundation to help finance the design and construction of the National Coast Guard Museum.
United States · United States Congress · 30 July 2013
Boys Town Centennial Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue up to 50,000 $5 gold coins, 350,000 $1 silver coins, and 300,000 half dollar clad coins to commemorate the centennial of the founding of Father Flanagan's Boys Town. Requires the design of the coins to be emblematic of the 100 years of Boys Town, one of the largest nonprofit child care agencies in the United States. Permits issuance of such coins only between January 1, 2017, and December 31, 2018.
United States · United States Congress · 25 July 2013
Restoring Access to Medication Act of 2013 - Repeals provisions of the Internal Revenue Code, as added by the Patient Protection and Affordable Care Act, that limit payments for medications from health savings accounts, medical savings accounts, and health flexible spending arrangements to only prescription drugs or insulin (thus allowing distributions from such accounts for over-the-counter drugs).
United States · United States Congress · 24 July 2013
Conservation Easement Incentive Act of 2013 - Amends the Internal Revenue Code to make permanent the tax deduction for charitable contributions by individuals and corporations of real property interests for conservation purposes.
United States · United States Congress · 24 July 2013
Delays for one year the effective date of any provisions of the Patient Protection and Affordable Care Act or of any health care provisions of the Health Care and Education Reconciliation Act of 2011 that were scheduled to take effect on or after January 1, 2014. Suspends for one year, beginning January 1, 2014, any tax or tax increase imposed by such provisions if the tax or increase takes effect before that date.
![Official portrait of Rep. Guthrie, Brett [R-KY-2]](https://www.congress.gov/img/member/g000558_200.jpg)