United States · United States Congress · 6 January 1993
Requests the Occupational Safety and Health Administration to publish, within one year, proposed amended regulations that specify the components of an adequate operator training program and that provide that only trained employees be authorized to operate powered industrial trucks.
United States · United States Congress · 5 January 1993
Amends the Internal Revenue Code to increase the personal exemption for a dependent child who has not attained age 18 from $2,000 to $3,500. Provides for rounding inflation adjustments to tax tables to the nearest multiple of $10 (currently rounded to the next lowest multiple of $50).
United States · United States Congress · 5 January 1993
TABLE OF CONTENTS: Title I: Tax Incentives for Health Care Access Title II: Health Care Reform Provisions Subtitle A: Model Health Care Insurance Benefits Plan Subtitle B: Managed Care Subtitle C: Small Employer Purchasing Groups Subtitle D: Insurance Market Reform Subtitle E: Uniform Standards for Reporting Services and Processing Claims Title III: Medical Liability Reform Subtitle A: Definitions and Findings Subtitle B: Expedited Medical Malpractice Settlements Subtitle C: Alternative Dispute Resolution Procedures Subtitle D: Uniform Standards for Medical Malpractice Cases Subtitle E: Uniform Disciplinary Reforms Subtitle F: Medical Products Subtitle G: Community Health Centers Subtitle H: Miscellaneous Provisions Title IV: Public Health Provisions Subtitle A: New Basic Health Care Program Subtitle B: Medicaid Provisions Title V: Medically Underserved Areas Subtitle A: Public Health Service Act Provisions Subtitle B: Provision Relating to Social Security Title VI: Incentives to Encourage Preventive Services Title VII: Tax Treatment of Long-Term Care Insurance And Plans Subtitle A: Treatment of Long-Term Care Insurance Subtitle B: Employer Funding of Medical Benefits Subtitle C: Reverse Mortgage Insurance for Older Americans Subtitle D: Income Tax Credits Subtitle E: Treatment of Accelerated Death Benefits Subtitle F: Federal National Long-Term Care Reinsurance Corporation Title VIII: Improvements in Portability of Private Health Insurance Health Equity and Access Improvement Act of 1992 - Title I: Tax Incentives for Health Care Access - (Sec. 101) Amends the Internal Revenue Code regarding: (1) health expense credits; (2) health premium deductions; (3) small employer health credits; (4) health premium deductions for self-employed individuals; and (5) credits for primary health service providers in rural health professional shortage areas. (Sec. 105) Excludes from gross income payments made for a taxpayer by the National Health Service Corps Loan Repayment Program. Permits a rural health professional shortage area physician to expense certain property. Allows deductions for rural medical professionals' student loan interest. Title II: Health Care Reform Provisions - (Sec. 201) Mandates: (1) a model health care insurance benefits plan with standards that carriers should meet; and (2) standards that managed care plan insurers should meet. Establishes the Managed Care Advisory Committee. Preempts State law provisions as applied to managed care plans meeting the recommended standards. (Sec. 221) Provides for contracts between small employer purchasing groups and carriers. Title III: Medical Liability Reform - (Sec. 311) Regulates settlement offers in medical malpractice cases. (Sec. 321) Establishes an Alternative Dispute Resolution Board of Advisers to make recommendations concerning establishing a model voluntary medical malpractice dispute resolution program. (Sec. 332) Caps future losses, noneconomic damages, and attorneys' fees. Prohibits joint liability in civil actions for noneconomic damages. Establishes a medical malpractice statute of limitations. (Sec. 342) Imposes requirements on States regarding: (1) allocation of medical licensing fees; (2) disciplinary board membership; (3) risk management programs; and (4) health care disciplinary trust funds. (Sec. 351) Protects a drug or device producer from punitive damages if the drug or device was subject to approval or premarket approval. (Sec. 361) Amends the Public Health Service Act to mandate a grant to an entity representing recipients of assistance at migrant and community health centers to develop a business plan and establish a nationwide risk retention group. Authorizes appropriations. Title IV: Public Health Provisions - (Sec. 401) Amends the Social Security Act to create the BasiCare program. Authorizes appropriations for basic health care benefits for low-income uninsured individuals ineligible for coverage under title XIX (Medicaid) of the Social Security Act. (Sec. 412) Establishes the Federal Medical Waiver Demonstration Board, permitting it to waive provisions of: (1) the Public Health Service Act; (2) title XVIII (Medicare) of the Social Security Act; (3) Medicaid and BasiCare; (4) veterans' health care programs; and (5) the Employee Retirement Income Security Act of 1974. Title V: Medically Underserved Areas - (Sec. 501) Amends the Public Health Service Act to authorize appropriations for the National Health Service Corps Scholarship Program and the National Health Service Corps Loan Repayment Program. (Sec. 502) Mandates allotments to States for grants for community based primary health care entities providing services to pregnant women and children. (Sec. 503) Mandates grants to federally-qualified health centers (FQHCs) and other entities for services for medically underserved populations or in high impact areas not currently served by a FQHC. Authorizes appropriations. (Sec. 504) Authorizes grants for a plan for mental health outreach programs in rural areas. Authorizes appropriations. (Sec. 505) Mandates priority, in awarding grants regarding the research, teaching, and training activities of health personnel educational entities, to entities that demonstrate a commitment to serving medically underserved communities. Mandates grants for: (1) expanded training for individuals desiring to serve medically underserved communities; and (2) coordination among health professions programs, particularly in medically underserved rural areas. Authorizes appropriations. (Sec. 506) Authorizes grants: (1) to rural communities for stipends to physicians, nurses, or other health professional trainees; (2) for networks among rural and urban providers to preserve and share health care resources and enhance rural care; and (3) for cooperatives in rural areas to establish a case management and reimbursement system. Authorizes appropriations. (Sec. 511) Amends: (1) the Omnibus Budget Reconciliation Act of 1987 to authorize appropriations for the Rural Health Care Transition Grant Program; and (2) Medicare to authorize appropriations for the Essential Access Community Hospital Program. Title VI: Incentives to Encourage Preventive Services - (Sec. 601) Amends the Internal Revenue Code (IRC) to provide credits for preventive services. (Sec. 602) Amends the Public Health Service Act to authorize appropriations for immunization grants. Title VII: Tax Treatment of Long-Term Care Insurance and Plans - (Sec. 701) Amends the IRC to provide for the treatment of long-term care insurance regarding: (1) taxation of life insurance companies; (2) taxation of fringe benefits; (3) amounts withdrawn from individual retirement accounts or qualified pension plans for purchasing insurance; and (4) the exchange of life policies for long-term policies. (Sec. 711) Revises provisions governing medical benefits for retired employees. Allows deductions for employer contributions to health benefits accounts. Defines funded reserve accounts and vesting requirements to qualify for such a deduction. (Sec. 712) Establishes a penalty on early distributions of medical benefits and an excise tax on allocated assets not used to provide retiree health benefits. (Sec. 721) Amends the National Housing Act to modify limits on the insurance benefits under an existing program concerning home equity conversion mortgages for elderly homeowners. (Sec. 731) Allows tax credits for: (1) households including a parent, grandparent, dependent, or spouse who requires custodial care; and (2) long-term care expenses of certain independent persons. (Sec. 741) Provides for: (1) the treatment of amounts paid to an individual who is terminally ill or permanently confined to a nursing home as death benefits; (2) accelerated death benefit riders on life insurance contracts; and (3) incorporation of the Federal National Long-Term Care Reinsurance Corporation. Title VIII: Improvements in Portability of Private Health Insurance - (Sec. 801) Imposes an excise tax on group health plans for failure to provide coverage for a preexisting condition.
United States · United States Congress · 5 January 1993
Congressional Accountability Act - Makes applicable to the Congress the following Federal laws to the extent they relate to the terms and conditions of employment, the health and safety of employees, and the rights and responsibilities of employers and employees: (1) Social Security Act; (2) National Labor Relations Act; (3) Fair Labor Standards Act of 1938; (4) Civil Rights Act of 1964; (5) Age Discrimination in Employment Act of 1967; (6) Occupational Safety and Health Act of 1970; (7) title IX of the Education Amendments of 1972; (8) Rehabilitation Act of 1973; (9) Privacy Act of 1974; (10) Age Discrimination Act of 1975; (11) Ethics in Government Act of 1978; and (12) Americans with Disabilities Act of 1990. Makes applicable to the Congress the Freedom of Information Act and specified provisions of Federal law relating to the independent counsel.
United States · United States Congress · 5 January 1993
Older Americans' Freedom to Work Act of 1993 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to remove the limitation on the amount of outside income which beneficiaries who have attained retirement age may earn without incurring a reduction in benefits.
United States · United States Congress · 5 January 1993
Amends the Internal Revenue Code to make the targeted jobs credit permanent. Increases the maximum age requirement for employment of economically disadvantaged youth from 23 years to 25 years. Establishes economically disadvantaged veterans as members of targeted groups for purposes of the credit.
United States · United States Congress · 5 January 1993
Amends Internal Revenue Code provisions governing the income tax deduction for the health insurance costs of self-employed individuals to: (1) make the deduction permanent; and (2) phase in an increase in the allowable deduction, reaching 100 percent for taxable years beginning in 1996 and thereafter.
United States · United States Congress · 5 January 1993
Common Sense Budget Act of 1993 - Amends Federal law to require both the President and the Congress to draft a budget based on estimates of current fiscal year spending, proposing increases or decreases based on this level (rather than on an estimated baseline). Amends the Congressional Budget Act of 1974 to require the Congressional Budget Office to use such a current fiscal year baseline in its report to the congressional budget committees, projecting growth for entitlement and discretionary spending based on current fiscal year spending.
United States · United States Congress · 5 January 1993
Judicial Taxation Prohibition Act - Amends the Federal judicial code to deny to inferior Federal courts jurisdiction to issue any remedy, order, writ, or other judicial decree requiring the Federal Government or any State or local government to impose any new tax or to increase any existing tax or tax rate.
United States · United States Congress · 5 January 1993
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to: (1) remove the limitation on the amount of outside income which beneficiaries who have attained age 67 may earn without incurring a reduction in benefits; (2) make the increase in the retirement credit currently scheduled for 2005 effective for benefits for months after December 1991; and (3) cap such credit at age 67.
United States · United States Congress · 5 January 1993
Federal Mandate Relief Act of 1993 - Provides that any requirement under a Federal statute or regulation that a State or local government conduct an activity (including a requirement that a government meet national standards in providing a service) shall apply to the government only if all funds necessary to pay the direct costs incurred by the government in conducting the activity are provided by the Federal Government.
United States · United States Congress · 5 January 1993
TABLE OF CONTENTS: Title I: Improved Access to Affordable Health Care Coverage Subtitle A: Increased Affordability and Availability for Employees Subtitle B: Improved Small Employer Purchasing Power of Affordable Health Insurance Subtitle C: Health Deduction Fairness Subtitle D: Improved Access to Community Health Services Subtitle E: Improved Access to Rural Health Services Title II: Health Care Cost Containment and Quality Enhancement Subtitle A: Medical Malpractice Liability Reform Subtitle B: Administrative Cost Savings Subtitle C: Medical Savings Accounts (Medisave) Subtitle D: Medicaid Program Flexibility Subtitle E: Limitations on Physician Self-Referrals Subtitle F: Removing Restrictions on Managed Care Subtitle G: Medicare Payment Changes Subtitle H: Limitation of Antitrust Recovery for Certain Hospital Joint Ventures Subtitle I: Encouraging Enforcement Activities of Medical Self-Regulatory Entities Action Now Health Care Reform Act of 1993 - Title I: Improved Access to Affordable Health Care Coverage - (Sec. 102) Preempts inconsistent State laws. (Sec. 103) Requires small employer health insurance carriers to offer a MedAccess basic plan (providing only benefits for essential preventive and medical services and having an actuarial value not over 60 percent of a MedAccess standard plan) and a MedAccess standard plan (providing benefits typical of the small employer market). Amends the Internal Revenue Code (IRC) to tax the failure of a carrier or plan to comply with related standards. Mandates: (1) acceptance of every small employer and full-time employee; or (2) in States that so provide, allocation of risk. (Sec. 104) Regulates pre-existing condition requirements, premiums, rating practices disclosure, minimum participation requirements, and renewability. (Sec. 108) Mandates development of models for reinsurance or allocation of risk mechanisms. Requires State (or Federal) establishment of at least one mechanism in each State. Amends the IRC to impose a tax in any such Federal reinsurance State. (Sec. 110) Establishes the Office of Private Health Care Coverage and a related advisory committee. (Sec. 111) Authorizes research and demonstration projects on the impact of these provisions on the availability of affordable small employer coverage. Requires: (1) methods for measuring the relative health risks of eligible individuals; and (2) a model for equitably distributing health risks among small employer carriers. Authorizes appropriations. (Sec. 121) Preempts State laws: (1) requiring the offering of health plans providing certain services; and (2) prohibiting employer groups from purchasing health insurance. (Sec. 131) Amends the IRC to increase and make permanent deductions for the health insurance costs of self-employed individuals. (Sec. 141) Amends the Public Health Service Act (PHSA) to provide for grants to: (1) migrant and community health centers and to entities providing health services for the homeless to promote primary health services for underserved individuals; and (2) increase access to outpatient primary services in certain geographic areas. Authorizes appropriations. (Sec. 171) Changes the heading of title XII (Trauma Care) of the PHSA to "Emergency Medical Services" and makes similar changes to references within the title. (Sec. 172) Authorizes grants to States for State offices of emergency medical services. (Sec. 173) Requires projects under existing provisions to include demonstrations on telecommunications between rural medical facilities and other medical facilities with useful expertise or equipment. (Sec. 174) Authorizes appropriations to carry out specified provisions of title XII. (Sec. 181) Mandates grants to States for rural air medical transport systems. Authorizes appropriations. (Sec. 191) Amends title XVIII (Medicare) of the Social Security Act to extend special payments for the inpatient services of small, rural Medicare-dependent hospitals. Title II: Health Care Cost Containment and Quality Enhancement - (Sec. 211) Reforms medical malpractice regarding: (1) a statute of limitations; (2) use of alternative dispute resolution systems (ADRs), including for claims against the United States; (3) settlement offers and conferences; (4) noneconomic and punitive damages; (5) periodic payment for future damages; (6) mandatory offsets for collateral source payments; (7) contingent attorney's fees; (8) several and joint liability; (9) findings of negligence; (10) practice guidelines sanctioned as affirmative defenses; (11) the standard of proof regarding certain labor and delivery circumstances; (12) supersedure of certain State laws; and (13) establishment and certification of State ADRs. (Sec. 241) Amends title II (Old Age, Survivors, and Disability Insurance) (OASDI) of the Social Security Act to authorize appropriations for sanctioning guidelines as affirmative defenses. Mandates: (1) research and demonstrations on the use of data on malpractice actions; and (2) development of a standard reporting form for State ADRs in transmitting information on disputes resolved. (Sec. 242) Authorizes State professional disciplinary agencies to make agreements with professional societies to allow the societies to: (1) participate in licensing; and (2) review malpractice allegations or other information on the practice patterns of a practitioner. (Sec. 243) Requires each health professional and provider to participate in a risk management program. (Sec. 244) Mandates grants: (1) for basic research on malpractice prevention and compensation and outcomes research; (2) to States to improve licensing and discipline; and (3) for public education on appropriate health care use and realistic expectations, public education on the resources and role of licensing and disciplinary boards, and development of faculty training and curricula regarding quality assurance, risk management, and medical injury protection. Authorizes appropriations. (Sec. 245) Mandates a study on factors preventing or discouraging physicians from volunteering in medically underserved areas. (Sec. 251) Regulates: (1) data elements, uniform claims forms, and uniform electronic transmission of data elements; (2) provider claims submission; and (3) hospital and non-hospital electronic medical data. (Sec. 262) Requires hospitals, in order to participate in Medicare, to maintain and electronically transmit clinical data on patients in a set of electronic comprehensive data elements. (Sec. 263) Provides for electronic transmission of data elements to Federal agencies. (Sec. 264) Prohibits plans from requiring that a provider provide any data element not in the set or transmit any data element in a manner inconsistent with standards. (Sec. 265) Establishes an advisory commission. Authorizes appropriations. (Sec. 271) Provides for a comparative health care value program in each State. Authorizes grants and appropriations. (Sec. 273) Requires each Federal agency concerned with health insurance or care to develop comparative value information. (Sec. 274) Mandates model systems for the gathering and analysis of data on health care cost, quality, and outcome. Authorizes appropriations. (Sec. 281) Provides for standards regarding Medicare and Medicaid identification cards. Establishes a Medicare and Medicaid system to provide information on primary payors. Authorizes appropriations. (Sec. 282) Nullifies any State law requiring that medical or health insurance records be maintained in written rather than electronic form. (Sec. 283) Provides for standards regarding: (1) beneficiary and provider identification numbers; and (2) coordination of benefits. (Sec. 285) Mandates grants to demonstrate the application of comprehensive information systems in continuously monitoring patient care and improving patient care. Authorizes appropriations from the Federal Hospital Insurance Trust Fund. Authorizes grants for: (1) communication links between plan and provider information systems; (2) regional or community-based clinical information systems; and (3) developing and testing, for physicians and non-hospital entities, the definition of a comprehensive data set and the specification and presentation of individual data elements. Authorizes appropriations. (Sec. 291) Amends the IRC to exclude from an employee's gross income any amount contributed by the employer to a trust created exclusively to pay an individual's medical expenses (medical savings account). Sets contribution limits. Subjects the employee to taxation as owner of the account. (Sec. 301) Amends Medicaid provisions to modify contracting requirements for coordinated care services. (Sec. 311) Amends Medicare provisions to extend physician self-referral limitations to all payors and certain additional services. Revises exceptions. (Sec. 314) Mandates a study to estimate the changes in aggregate costs that will result from the amendments made by these provisions. (Sec. 321) Preempts managed care restrictions under State law. Mandates a study of managed care benefits and cost effectiveness. (Sec. 331) Amends Medicare provisions to revise the method for determining prospective payment updates to hospitals. (Sec. 332) Lowers the limitation amount and suspends certain annual adjustments regarding clinical diagnostic laboratory tests. (Sec. 343) Limits antitrust recovery to actual damages if certain requirements are met, including the filing and publication of information regarding hospital joint ventures. (Sec. 345) Establishes the Interagency Committee on Competition, Antitrust Policy, and Health Care. (Sec. 351) Prohibits, subject to exception, damages and other recovery under the Clayton Act or similar State laws from a medical self-regulatory entity engaging in standard setting or enforcement activities designed to promote the quality of health care and not conducted for financial gain.
United States · United States Congress · 5 January 1993
Language of Government Act of 1993 - Declares English to be the official language of the U.S. Government. States that the Government has an affirmative obligation to preserve and enhance the role of English as the official language. Requires the Government to conduct its official business in English. Prohibits anyone from being denied Government services because they communicate in English.
United States · United States Congress · 5 January 1993
Life Imprisonment for Egregious Recidivists Act of 1993 - Amends the Federal criminal code to require the court, in the case of a conviction for a Federal violent felony, to sentence the defendant to life imprisonment if the defendant has previously been convicted of two other violent felonies. Specifies that this provision shall not be construed to prevent the imposition of the death penalty.
United States · United States Congress · 5 January 1993
Federal Employees Political Activities Act of 1993 - Prohibits an employee from using or attempting to use official authority or influence to interfere with or affect the result of any election. Prohibits the use of official authority to intimidate, threaten, coerce, or influence: (1) any individual for the purpose of interfering with the right to vote or not to vote for any candidate or measure in any election; (2) any person to give or withhold any political contribution; or (3) any person to engage, or not to engage, in any form of political activity. Prohibits an employee from: (1) giving or offering to give a political contribution to any individual either to vote or to refrain from voting; (2) soliciting, accepting, or receiving a political contribution to vote or refrain from voting; or (3) giving or handing over a political contribution to a superior. Prohibits an employee from soliciting, accepting, or receiving a political contribution: (1) from another employee (or a member of another employee's immediate family) with respect to whom the employee is a superior; or (2) in any room or building occupied in the discharge of official duties by a Federal employee, official, or contractor. Prohibits an employee from getting involved with political contributions with any person who: (1) has, or is seeking to obtain, contractual or other business relations with the employing agency; (2) conducts operations regulated by that agency; or (3) has interests which may be substantially affected by the performance of the employee's official duties. Prohibits an employee from engaging in political activity: (1) while on duty; (2) in any room or building occupied in the discharge of official duties by a Federal employee or official; (3) while wearing a uniform or official insignia identifying the office or position of the employee; or (4) while using any vehicle owned or leased by the Government. Exempts certain high level political appointees from such prohibitions if the costs associated with the political activity are not paid for by money derived from the Treasury. Authorizes leave without pay or accrued annual leave to an employee who is a candidate, upon request, to allow such employee to engage in activities relating to that candidacy. Applies this Act to postal employees and employees of the Postal Rate Commission.
United States · United States Congress · 5 January 1993
TABLE OF CONTENTS: Title I: Provisions Relating to Part A Title II: Provisions Relating to Part B Subtitle A: Physicians' Services Subtitle B: Ambulatory Surgical Services Subtitle C: Durable Medical Equipment Subtitle D: Other Provisions Title III: Provisions Relating to Parts A and B Title IV: Provisions Relating to Medicare Supplemental Insurance Policies Miscellaneous and Technical Medicare Amendments of 1993 - Amends title XVIII (Medicare) of the Social Security Act (SSA) parts A (Hospital Insurance) and B (Supplementary Medical Insurance). Title I: Provisions Relating to Part A - (Sec. 101) Requires the Secretary of Health and Human Services (HHS) to use the day outlier methodology in effect for: (1) FY 1992 for payment of discharges occurring on or after April 1, 1993, and before September 30, 1993; and (2) the first six months of FY 1993 for payment of discharges occurring during FY 1994. (Sec. 102) Modifies the Essential Access Community Hospital program. (Sec. 103) Provides that a change in classification of hospitals from one area to another may not result in a reduction in the wage index for an urban area under certain circumstances. (Sec. 104) Amends the Omnibus Budget Reconciliation Act of 1987 (OBRA-1987) to extend authorized appropriations for the rural health transition grant program. (The Omnibus Budget Reconciliation Acts of different years amended by this Act shall be denoted "OBRA-(year).") (Sec. 105) Permits hospitals to decline reclassification from rural to urban referral centers. (Sec. 106) Revises Medicare-dependent, small rural hospital payment provisions. (Sec. 107) Amends OBRA-1989 to extend additional Medicare payments for the hemophilia clotting factor. (Sec. 108) Prohibits the Secretary from recouping from or otherwise reducing Medicare payments to hospitals in New Jersey because of alleged overpayments during a hospital reimbursement demonstration project, until all relevant data are given to the State and hospitals located in it. (Sec. 109) Allows the care of hospital inpatients receiving qualified psychologist services to be supervised by a clinical psychologist to the extent such supervision is permitted under State law. (Sec. 110) Allows graduate medical education to be provided in a hospital-owned community health center. (Sec. 111) Requires a study on the feasibility and desirability of establishing joint medical facilities among the Department of Defense, the Department of Veterans' Affairs, and other public and private entities. (Sec. 112) Requires home health agencies and skilled nursing facilities to notify Medicare beneficiaries of the hospice benefit, except in certain circumstances. (Sec. 113) Directs the Secretary to begin collecting data on employee compensation and paid hours of employment in skilled nursing facilities (SNFs) to compute a wage index to adjust Medicare SNFs payments. (Sec. 115) Amends OBRA-1990 to require the Secretary to continue any rural hospital demonstration project at least through December 31, 1995. Title II: Provisions Relating to Part B - Subtitle A: Physicians' Services - (Sec. 201) Reinstates separate payment for electrocardiogram interpretations performed or ordered to be performed as part of or in conjunction with a visit to or consultation with a physician. (Sec. 202) Repeals provisions for reduced Medicare payments to new physicians and other practitioners during their first four years of practice. (Sec. 203) Prohibits the Secretary from modifying the methodology for determining the amount of time that may be billed under Medicare for anesthesia services. (Sec. 204) Requires the Secretary to study and report to specified congressional committees on the data necessary to review and revise geographical indices. (Sec. 205) Prohibits nonparticipating physicians and suppliers from billing or collecting an actual charge in excess of the Medicare limiting charge. (Sec. 206) Requires the Secretary to study, develop, and report to the Congress on relative values for pediatric services. (Sec. 208) Prohibits the Secretary and carriers from imposing user fees. Subtitle B: Ambulatory Surgical Services - (Sec. 211) Extends eligibility for designation as eye or eye and ear hospitals to certain hospitals. (Sec. 212) Amends OBRA-1990 to extend the cap on payments for intraocular lenses. Subtitle C: Durable Medical Equipment - (Sec. 221) Requires the Secretary to prescribe national standards which suppliers of medical equipment and supplies must meet to receive payment under Medicare for items furnished. (Sec. 222) Prohibits carrier forum shopping by suppliers filing claims. (Sec. 223) Prohibits unsolicited telephone contacts from suppliers of durable medical equipment to Medicare beneficiaries. (Sec. 224) Modifies SSA anti-kickback provisions. (Sec. 225) Specifies the circumstances under which Medicare beneficiaries are not liable for covered items furnished by suppliers on an unassigned basis. (Sec. 226) Revises special payment rules for particular items and services to provide for adjustments to final payment amounts for inherent reasonableness. (Sec. 227) Freezes reasonable charges for parenteral and enteral nutrients, supplies, and equipment. (Sec. 228) Removes aspirators and nebulizers from the category of durable medical equipment (DME) items requiring frequent and substantial servicing and includes accessories relating to aspirators and nebulizers in the category of inexpensive and other routinely purchased equipment. (Sec. 229) Adds payment rules for ostomy supplies, tracheostomy supplies, urologicals, and surgical dressings. (Sec. 230) Changes payment rates for tens devices. Subtitle D: Other Provisions - (Sec. 241) Revises payment conversion factors for services furnished by a medically directed certified registered nurse anesthetist. (Sec. 242) Amends OBRA-1990 to extend Alzheimer's disease demonstration projects. (Sec. 243) Modifies the limitation on the late enrollment penalty. (Secs. 244 and 245) Provides for Medicare coverage of: (1) oral cancer drugs that contain the same active ingredients as anticancer drugs covered by Medicare when administered intravenously; and (2) speech-language pathology and audiology services. (Sec. 246) Amends OBRA-1985, as amended by OBRA-1989, to extend municipal health service demonstration projects. (Sec. 247) Treats certain Indian health programs and facilities as federally-qualified health centers. (Sec. 248) Amends OBRA-1987 to extend the influenza vaccination demonstration project. Title III: Provisions Relating to Parts A and B - (Sec. 301) Modifies provisions relating to physician ownership and referral. Requires the Comptroller General to study and report to the Congress on shared facility arrangements. (Sec. 302) Adjusts procedures to determine graduate medical education costs. (Sec. 303) Extends the periods during which Medicare covers immunosuppressive drug therapy following a transplant procedure. Reduces Medicare payments for erythropoietin. (Sec. 304) Revises provisions with respect to Medicare secondary payers. (Secs. 305 and 306) Requires the Secretary to: (1) establish a method for obtaining information with a view to Medicaid payment of the Medicare out-of-pocket expenses of eligible Medicare beneficiaries; and (2) extend waivers for social health maintenance organization (HMO) demonstration projects. (Sec. 307) Repeals peer review organization precertification requirements for certain surgical procedures. (Sec. 308) Modifies hospital conditions of participation with respect to discharge planning under Medicare to require informing a patient of his or her entitlement to hospice services. (Sec. 309) Provides that there must be interest payments on clean claims if the claims are not paid within 30 days of receipt. (Sec. 311) Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to adjust discretionary spending limits with respect to Medicare administrative costs. (Sec. 312) Adjusts Medicare capitation payments with respect to HMOs to account for regional variations in application of the secondary payor provisions. (Sec. 313) Amends the Employee Retirement Income Security Act of 1974 with regard to certain health care programs of the State of Hawaii. Title IV: Provisions Relating to Medicare Supplemental Insurance Policies - (Sec. 401) Revises certain standards for Medicare supplemental insurance policies.
United States · United States Congress · 5 January 1993
Legislative Line Item Veto Act of 1993 - Grants the President legislative line item veto rescission authority. Authorizes the President to rescind all or part of any budget authority if the President determines that such rescission: (1) would help balance the Federal budget, reduce the Federal budget deficit, or reduce the public debt; (2) will not impair any essential Government functions; (3) will not harm the national interest; and (4) will directly contribute to the purpose of this Act of limiting discretionary spending in FY 1994 or 1995. Requires the President to notify the Congress of such a rescission by special message after enactment of appropriations legislation for FY 1994 or 1995. Makes such a rescission effective unless the Congress enacts a rescission disapproval bill. Describes: (1) information to be included in the President's message; and (2) procedures to govern consideration of rescission disapproval legislation in the Senate and the House of Representatives.
United States · United States Congress · 5 January 1993
Employee Educational Assistance Act of 1993 - Amends the Internal Revenue Code to make permanent the income tax exclusion of amounts paid under employee educational assistance programs.
United States · United States Congress · 5 January 1993
Amends the Internal Revenue Code to allow an income tax deduction for interest on any indebtedness incurred to pay the educational expenses of the taxpayer, spouse, or dependent. Allows such deduction only for the first 48 months of loan repayment.
United States · United States Congress · 5 January 1993
Amends the Internal Revenue Code to increase the amount of foreign earned income which a U.S. resident living abroad may exclude from gross income and provides an inflation adjustment for such amount.
United States · United States Congress · 5 January 1993
Establishes in the House of Representatives the Select Committee on Narcotics Abuse and Control to conduct a continuing oversight and review of the problems of narcotics, drug, and polydrug abuse and control.
United States · United States Congress · 16 September 1992
Sexual Assault Prevention Act of 1992 - Title I: Sexual Violence - Subtitle A: Penalties and Remedies - Amends the Federal criminal code to provide for pretrial detention in sex offense cases. Makes murder a Class A felony, mandating the death sentence, when done in the course of certain sex offenses, sexual assault, or child molestation, or when the defendant has previously been convicted of sexual assault or child molestation, subject to specified mitigating factors. Requires instructing the jury not to: (1) be influenced by prejudice or bias relating to the race, color, religion, national origin, or sex of the defendant or any victim; and (2) recommend a death sentence unless it concludes that it would recommend such sentence regardless of such factors. Requires each juror to sign a certification to that effect. Prohibits: (1) carrying out a death sentence on a woman while she is pregnant; and (2) requiring any employee of, or any person under contract to provide services to, a State corrections department, the Federal Bureau of Prisons, or the U.S. Marshals Service, to attend or participate in any execution. Sets forth provisions regarding: (1) the appointment of counsel for indigent capital defendants; (2) representation after finality of judgment; (3) standards for competence of counsel; (4) claims of ineffectiveness of counsel in collateral proceedings; (5) time limits for collateral attack on a death sentence; (6) stays of execution; and (7) finality of the decision on review. Increases penalties for: (1) recidivist sex offenders; and (2) sex offenses against victims under age 16. Directs the U.S. Sentencing Commission: (1) to amend the sentencing guidelines to increase by at least four levels the base level for offenses relating to sexual, and aggravated sexual, abuse; (2) to consider whether any other changes applicable to such offenses are warranted; (3) in amending the guidelines in conformity with this provision, to review the appropriateness and adequacy of existing offense characteristics and adjustments applicable to such offenses; and (4) in any subsequent amendment to the guidelines, to maintain minimum guideline sentences for such offenses which are at least equal to those required by this provision. Amends the Federal criminal code to require that a person charged with an offense under provisions relating to sexual abuse be tested for the human immunodeficiency virus: (1) before release pending trial; and (2) six months and twelve months after the initial test. Requires results to be provided to the judicial officer or court and disclosed only to the victim, the attorney for the Government, and the person tested. Requires the U.S. Sentencing Commission to amend the sentencing guidelines to enhance the sentence of an offender who had reason to know that he was infected, except where the offender did not engage or attempt to engage in conduct creating a risk of transmission. Amends: (1) the Victims' Rights and Restitution Act of 1990 to require a governmental department or agency to pay for up to two tests for a sexual assault victim in the twelve months following the assault and a counseling session regarding the tests and the risk of transmission as the result of the assault; and (2) the Controlled Substances Act to provide for increased penalties for distribution of a controlled substance to a woman while she is pregnant. Amends the Federal criminal code to authorize the restitution of victims of sex offenses, including reimbursement for lost income and necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of, or attendance at proceedings related to, the offense. Requires the court to issue an order requiring restitution of the full amount of the victims's losses and expenses for which restitution is authorized in imposing sentence, unless the Government and the victim do not request such restitution. Provides for the enforcement of restitution orders through the suspension of Federal benefits. Provides that whoever, in violation of the Constitution or laws of the United States, engages in sexual violence against another, shall be liable to the injured party in a civil action. Includes among the relief available compensatory and punitive damages and any appropriate equitable or declaratory relief. Amends the Civil Rights Attorney's Fees Award Act of 1976 to include such provision with respect to payment of attorney fees. Subtitle B: Rules of Evidence, Practice, and Procedure - Amends the Federal Rules of Evidence to allow evidence of similar offenses in criminal or civil sexual assault and child molestation cases. Revises Federal Rule of Evidence 412 (rape victim shield law), including: (1) making inadmissible reputation or opinion evidence of the past sexual behavior of an alleged victim of a sex offense, and evidence of a victim's past sexual behavior other than reputation or opinion evidence (with exceptions), in a civil case (current law applies only to criminal cases); and (2) requiring any order admitting such evidence to explain the reasoning leading to the finding of relevance and the basis of the finding that its probative value outweighs the danger of unfair prejudice notwithstanding the potential of the evidence to humiliate and embarass the alleged victim and to result in unfair or biased inferences. Amends the Federal criminal code to provide that an appeal by the United States before trial shall lie to a court of appeals from an order of a district court admitting evidence of an alleged victim's past sexual behavior in a criminal case in which the defendant is charged with a sex offense, whether or not the conduct occurred in the special maritime and territorial jurisdiction of the United States or in a Federal prison. Adds a Federal Rule of evidence that, in a criminal case in which a person is accused of a sex offense, evidence is not admissible to show that the alleged victim invited or provoked the commission of the offense. Enacts rules to be known as the Rules of Professional Conduct for Lawyers in Federal Practice and includes them as an appendix to provisions of the U.S. Code relating to the judiciary and judicial procedure. Applies the rules to proceedings before a U.S. court or a Federal agency that carries out adjudicatory or quasi-adjudicatory functions. Includes rules relating to: (1) litigation abuse (including conduct to increase litigation expenses or with no substantial purpose other than to distress another person); (2) a duty of enquiry in relation to the client (including attempting to elicit from the client a materially complete account of the alleged criminal activity or civil wrong if the client acknowledges involvement in such activity or wrong), and to elicit the material facts relevant to a defense of alibi if the client denies such involvement; (3) a duty to expedite litigation (including not attempting to delay or prolong proceedings for specified reasons); and (4) a duty to prevent the commission of a crime (including allowing or requiring disclosure of information). Amends the Federal Rules of Criminal Procedure to provide that: (1) if the offense charged is punishable by imprisonment for more than one year, each side is entitled to six peremptory challenges (currently, six for the Government and ten for the defendant or defendants jointly); and (2) if sentence is to be imposed for a crime of violence or sexual abuse, the court shall (before imposing sentence) address the victim personally if the victim is present at the sentencing hearing, and determine if the victim wishes to make a statement and present any information in relation to the sentence (which statement may be made in camera under specified circumstances). Expresses the sense of the Congress that news media, law enforcement personnel, and other persons should exercise restraint and respect a rape victim's privacy by not disclosing the victim's identity to the general public or facilitating such disclosure without the victim's consent. Subtitle C: Safe Campuses - Requires the Attorney General to: (1) provide for a national baseline study to examine the scope of the problem of campus sexual assaults and the effectiveness of institutional and legal policies in addressing such crimes and protecting victims; and (2) submit a report to the Congress by September 1, 1995. Authorizes appropriations. Amends: (1) the General Education Provisions Act to provide for the disclosure of arrest records by campus police; and (2) the Higher Education Act of 1965 to add sexual assault to the list of offenses regarding which certain institutions are required to collect and disclose statistics. Subtitle D: Assistance to States and Localities - Authorizes the Attorney General to make grants to support projects and programs relating to sexual violence. Sets forth provisions regarding: (1) formula and discretionary grant allotments; (2) application requirements for formula grants; (3) conditions on grants; (4) program evaluation (by the National Institute of Justice); (5) coordination of grant administration; and (6) reporting requirements. Authorizes appropriations. Authorizes the Attorney General to make supplementary grants to States adopting laws that exceed or are reasonably comparable to Federal provisions relating to sexual violence in certain respects. Authorizes appropriations. Title II: Domestic Violence and Offenses Against the Family - Amends the Federal criminal code to establish penalties (including mandatory penalties if the offense involves the infliction of bodily injury on, or the commission of sexual abuse against, the victim) for interstate travel to commit spouse abuse or to violate a protective order, subject to specified requirements. Provides for mandatory restitution and pretrial detention for victims of such offense. Includes as an aggravating factor, for purposes of death penalty provisions under this Act, that a killing occurred in the course of such offense. Establishes penalties (including restitution) for noncompliance with child support obligations in interstate cases. Makes compliance with any court or administrative order under State law requiring payments for the support of a child, or of a child and the parent with whom the child is living, a condition of probation. Provides for full faith and credit of protective orders among the States. Expresses the sense of the Congress that, for purposes of determining child custody, evidence establishing that a parent engages in physical abuse of a spouse should create a statutory presumption that it is detrimental to the child to be placed in the custody of the abusive spouse. Directs the Attorney General to: (1) prepare a report on the status of battered women's syndrome as a medical and psychological condition and on its effect in criminal trials; (2) conduct a study of the means by which abusive spouses may obtain information concerning the addresses or locations of estranged or former spouses; (3) complete a study of problems of recordkeeping of criminal complaints involving domestic violence; and (4) evaluate, develop, prepare and disseminate to State authorities, and make recommendations concerning anti-stalking legislation. Sets forth reporting requirements. Authorizes the Attorney General to make grants to support projects and programs relating to domestic violence and other criminal and unlawful acts that particularly affect women. Sets forth provisions regarding: (1) formula and discretionary grant allotments; (2) application requirements for formula grants; (3) conditions on grants; (4) program evaluation; (5) coordination of grant administration; and (6) reporting requirements. Authorizes appropriations. Title III: National Task Force on Violence Against Women - Establishes the National Task Force on Violence Against Women to develop a uniform Federal, State, and local law enforcement strategy aimed at protecting women against violent crimes, punishing persons who commit such crimes, and enhancing the rights of the victims. Sets forth administrative and reporting requirements. Authorizes appropriations.
United States · United States Congress · 10 August 1992
Congratulates the citizens of Israel on concluding fair and open democratic elections. Welcomes Prime Minister Rabin to the United States. Applauds his statements and actions encouraging active participation in the search for peace. Calls upon all parties in the region to actively and seriously engage in the peace process.
United States · United States Congress · 28 July 1992
Amends the Tariff Act of 1930 to require the administering authority to consider, in addition to those factors already required, when determining whether imported parts or components of merchandise completed or assembled in the United States or a foreign country are circumventing an antidumping or countervailing duty order, the value and sources of supply of parts or components historically used in the assembly of the merchandise subject to such order. Authorizes the administering authority to include within the scope of an antidumping or countervailing duty order imported parts or components that constitute certain merchandise sold in the United States and subject to such order, provided: (1) it is completed or assembled in the United States or a foreign country from parts or components supplied by the exporter or producer, from suppliers that have historically supplied such parts or components to such exporter or producer, or from any party in the exporting country supplying such items on behalf of such exporter or producer; (2) the value of the imported parts or components is significant in relation to the total value of all parts and components used in the assembly or completion operation, excluding packing; (3) consideration of specified factors establishes a pattern of circumvention of an antidumping or countervailing duty order; or (4) the administering authority determines that action is appropriate to prevent circumvention of such order. Enables the administering authority to base such a decision on any of such factors by itself, rather than on all of them together. Requires the administering authority, upon request made within one year of such effective date, to review prior negative determinations under the applicable new standards contained in this Act. Requires the administering authority to include such parts or components within the scope of an order if application of the new standards to the record compiled in the prior determination would have resulted in an affirmative determination.
United States · United States Congress · 2 July 1992
Excludes from the determination of income, for purposes of the payment of pension by the Secretary of Veterans Affairs, any future increases made by the State of New York in the monthly amount paid to blind and totally disabled veterans.
United States · United States Congress · 24 June 1992
World University Games Commemorative Coin Act - Authorizes the minting and issuance of five dollar gold coins and one dollar silver coins (at no net cost to the Government) to commemorate American participation in the World University Games. Requires that all surcharges from the sale of such coins be paid to the Greater Buffalo Athletic Corporation to support amateur athletic programs, erect facilities for the use of such athletes, and to underwrite the cost of sponsoring the World University Games.
United States · United States Congress · 23 June 1992
Urban Entrepreneurial Opportunities Act - Amends the Internal Revenue Code to allow a deduction for equity contributions made by a corporation to an urban entrepreneurial opportunity financing subsidiary of such corporation. Requires the subsidiary to use such contribution in making qualified enterprise zone business loans to qualified small business concerns. Establishes an overall program limitation among the contributing corporations to be allocated by the Secretary of Housing and Urban Development.
United States · United States Congress · 4 June 1992
Action Now Health Care Reform Act of 1992 - Title I: Improved Access to Affordable Health Care Coverage - Subtitle A: Increased Affordability and Availability for Employees - Directs the Secretary of Health and Human Services (the Secretary) to request the National Association of Insurance Commissioners (the NAIC) to develop model regulations requiring each carrier that makes available in a State any small employer health benefit plan to make available to each small employer in the State a MedAccess basic plan and a MedAccess standard. Directs the Secretary to develop such regulations, if the NAIC does not. Defines MedAccess plan as a health benefits plan that: (1) provides benefits typical of the benefits offered in the small employer health coverage market or provides only benefits for essential preventive and medical services and has an average actuarial value not exceeding 60 percent of the average actuarial value of the typical benefits offered in the small employer health coverage market; (2) accepts every small employer in the State applying for coverage and accepts for enrollment every eligible individual (defined as an individual who is a full-time employee and, if family coverage is offered, covers the employee's spouse and dependents under age 19 or under age 25 for students); and (3) meets consumer protection standards established by this Act relating to limitation of pre-existing condition clauses, continuity of coverage, renewability, and premium limitations. Prohibits the imposition, by a carrier, of a limitation of benefits based on the fact a condition pre-existed the effectiveness of the policy if: (1) the condition relates to a condition not diagnosed within three months before coverage under the plan; (2) the limitation extends beyond six months after coverage under the plan; (3) the limitation applies to an individual who, as of date of birth, was covered under the plan; and (4) the limitation relates to pregnancy. Requires continuous coverage. Prohibits cancellation of a plan or denial of coverage unless there is: (1) nonpayment of premiums; (2) fraud; (3) noncompliance with plan provisions; (4) failure to maintain the required number of enrollees; (5) misuse of a provider network provision; or (6) a cessation by the carrier of the provision of any plan in a State. Amends the Internal Revenue Code to impose an excise tax which shall be paid by the carrier on the failure of a carrier or an employer health benefit plan to comply with the provisions of the Act. Directs the Secretary to request the NAIC to develop models for reinsurance or allocation of risk mechanisms for individuals and small employers who are enrolled under a small employer health benefit plan that meets the consumer protection standards and for whom a carrier is at risk of incurring high costs under the plan. Requires each State to establish and fund one or more reinsurance or allocation or allocation of risk mechanisms that are consistent with a model. Directs the Secretary to develop models, if the NAIC does not. Permits a State, in order to insure the financial solvency of the mechanism, to impose charges on any entity providing employee-related health benefits, so long as such charges do not discriminate with respect to entities that would not be subject to such charges. Directs the Secretary to establish a reinsurance or allocation of risk mechanism, if a State does not. Imposes an excise tax which shall be paid by the carrier on the providing of any health benefit plan which covers any employee in a Federal reinsurance State. Permits either a State or the Secretary (in a Federal reinsurance State) to require each employer health benefit plan to: (1) be registered; and (2) provide such information as is necessary for the reinsurance or allocation of risk mechanisms. Directs the Secretary to: (1) establish an Office of Private Health Coverage to be headed by a Director appointed by the Secretary; and (2) provide for the appointment of an advisory committee to advise the Director. Permits the Director to research the impact of this subtitle and conduct related demonstration projects. Requires the Director to develop: (1) methods of measuring, in terms of the expected costs of providing benefits under small employer health benefit plans and, in particular, MedAccess plans, the relative health risks of eligible individuals; and (2) a model for equitably distributing health risks among carriers in the small employer health care coverage market. Authorizes appropriations for the purposes of this paragraph. Subtitle B: Improved Small Employer Purchasing Power of Affordable Health Insurance - Preempts from insurance mandates a qualified small employer purchasing group, if the group consists of employers with not more than 100 employees, the group consists of not fewer than 100 employers, and the health benefit plans with respect to the employer members are in compliance with applicable State laws relating to health benefit plans. Subtitle C: Health Deduction Fairness - Amends the Internal Revenue Code to make permanent and increase from 25 to 100 percent the health insurance tax deduction for the self-employed. Subtitle D: Improved Access to Community Health Services - Directs the Secretary to provide for a program of grants to migrant and community health centers receiving grants or contracts under provisions of the Public Health Service Act in order to promote the provision of primary health care services for underserved individuals. Authorizes appropriations. Amends the Public Health Service Act to deem as an employee of the Public Health Service, for purposes of civil actions against commissioned officers or employees, any officer, employee, or contractor who is a physician or other licensed health care practitioner while performing functions for an entity receiving Federal funds under provisions of the Public Health Service Act. Requires an entity, in order to receive a grant under such provisions, to implement certain policies to assure against malpractice. Requires: (1) the Attorney General to estimate the amount of all claims expected, during each year, to arise against such an entity from acts of officers or employees; (2) the Secretary to withhold from grants to such entities the amount estimated; and (3) the withheld amount to be transferred to the Treasury to pay judgments against the United States arising from such claims. Directs the Secretary to make grants to public and nonprofit private entities to carry out demonstration projects for the purpose of increasing access to outpatient primary health services in geographic areas with a: (1) population of not more than 500,000 individuals; (2) shortage of personal health services; and (3) significant number of low-income or underinsured individuals. Sets forth requirements for receiving such grants. Authorizes appropriations. Subtitle E: Improved Access to Rural Health Services - Retitles title XII of the Public Health Service Act "Emergency Medical Services" (formerly, "Trauma Care") and directs the Secretary to establish the Office of Emergency Medical Services which shall, with respect to emergency medical services (including trauma care): (1) conduct research; (2) sponsor workshops; (3) assist States; and (4) coordinate activities. Authorizes the Secretary to make grants to States for the purposes of improving the availability and quality of emergency medical services through the operation of State offices of emergency medical services. Sets forth matching fund requirements. Provides for demonstration projects to establish telecommunications between rural medical facilities and other medical facilities that have equipment that can be utilized through telecommunications. Authorizes appropriations for purposes of the programs of this paragraph. Directs the Secretary to make grants to States to assist in the creation or enhancement of air medical transport systems that provide victims of medical emergencies in rural areas access to treatments for the injuries or other conditions arising from such emergencies. Sets forth requirements for grant applications. Authorizes appropriations. Amends title XVIII (Medicare) of the Social Security Act to extend for one year special treatment rules for Medicare-dependent small rural hospitals. Title II: Health Care Cost Containment and Quality Enhancement - Subtitle A: Medical Malpractice Liability Reform - Prohibits bringing a medical malpractice claim: (1) more than two years after the alleged injury should reasonably have been discovered and in no event more than four years after the alleged injury occurred; and (2) in any State court unless there has been an initial resolution through a certified alternative dispute resolution system (ADR). Requires the use of ADR in a Federal medical malpractice liability claim. Requires a pre-trial settlement conference in any medical malpractice liability action. Sets limits on: (1) noneconomic damages; (2) punitive damages; and (3) attorney's fees. Requires offsets for damages paid by a collateral source. Requires liability in a medical malpractice action to be several and not joint. Provides a complete defense to any allegation of negligence in a medical malpractice liability action to any defendant who followed the appropriate practice guideline. Prohibits finding a defendant guilty in a medical malpractice liability action relating to services provided during labor or delivery of a baby if the defendant did not previously treat the plaintiff during the pregnancy, unless the malpractice is proven by clear and convincing evidence. Directs the Secretary to determine whether a States' ADR meets ADR system requirements established by this Act. Establishes such requirements. Amends title XI (General Provisions and Professional Standards Review) of the Social Security Act to earmark funds for sanctioning practice guidelines for purposes of an affirmative defense in medical malpractice liability actions. Permits a State agency responsible for the conduct of disciplinary actions for a type of health care practitioner to enter into agreements with State or county professional societies for such type of health care practitioner to permit such societies to participate in the licensing of such health care practitioner and to review health care malpractice allegations. Requires each State to require each health care professional and provider to participate in a risk management program to prevent and provide early warning of practices which may result in injuries to patients or which otherwise endanger patient safety. Directs the Secretary to make grants for the conduct of basic research in the prevention of and compensation for injuries resulting from health care professional or health care provider malpractice, and research of the outcomes of health care procedures. Authorizes appropriations. Directs the Secretary to study the factors discouraging physicians from volunteering to provide health care services in medically underserved areas. Subtitle B: Administrative Cost Savings - Directs the Secretary to adopt standards relating to each of the following: (1) data elements for use in claims processing under health benefits plans; (2) uniform claim forms; and (3) uniform electronic transmission of the data elements. Authorizes the Secretary to require providers to submit claims to health benefit plans in accordance with such standards. Provides for periodic review of the standards. States that the term "health benefit plan," in this subtitle, includes the Medicare and Medicaid programs (titles XVIII and XIX of the Social Security Act). Requires the Secretary to promulgate standards for hospitals concerning electronic medical data. Permits the Secretary to promulgate standards concerning electronic medical data for providers that are not hospitals. Requires hospitals, in order to participate in Medicare, to: (1) maintain clinical data in a set of comprehensive data elements in electronic form on all patients; and (2) upon the Secretary's request, transmit electronically the data set and any data from such set. Provides for electronic transmission to Federal agencies. Prohibits a health benefit plan, if standards with respect to data elements are promulgated with respect to a class of provider, from requiring for the purpose of utilization review or as a condition of providing benefits under the plan that a provider in the class: (1) provide any data element not in the set of comprehensive data elements; or (2) transmit or present any such data element in a manner inconsistent with applicable standards. Directs the Secretary to establish an advisory commission of hospital executive and data base managers, physicians, health services researchers, and technical experts in the collection and use of data and operation of data systems. Authorizes appropriations for such commission. Requires the Secretary, in order to assure the availability of comparative value information to purchasers of health care in each State, to determine whether each State is developing and implementing a health care value information program that meets stated criteria. Permits grants to a State for the development of its health care value information program. Authorizes appropriations for such grants. Requires the head of each Federal agency with responsibility for the provision of health insurance or health care services to individuals to promptly develop health care value information relating to each program that such head administers. Directs the Secretary to develop model systems to facilitate: (1) the gathering of data on health care cost, quality, and outcome; and (2) analyzing such data to permit the valid comparison of such data. Authorizes appropriations for the development of such model systems. Directs the Secretary to adopt standards relating to the design and use of magnetized Medicare identification cards for the purpose of assisting health care providers in determining eligibility and billing. Authorizes appropriations. Nullifies any State law requiring that medical or health insurance records be maintained in written rather than electronic form. Requires each health benefit plan: (1) for each of its beneficiaries that has a social security number, to use that number as an identification number for claims processing; and (2) for each provider that has a unique identifier for Medicare purposes, to use that identifier for claims processing. Requires the Secretary to determine whether problems relating to the rules for determining liability when benefits are payable under two or more plans or the availability of information among such plans causes significant administrative problems, and if so, directs the Secretary to promulgate standards concerning liability and the transfer of information among plans. Directs the Secretary to provide grants to qualified entities to demonstrate the application of comprehensive information systems in continuously monitoring patient care and in improving patient care. Authorizes appropriations from the Federal Hospital Insurance Trust Fund. Subtitle C: Medical Savings Accounts (Medisave) - Amends the Internal Revenue Code to exclude from the gross income of an employee any amount contributed by the employer to a medical savings account pursuant to a qualified medical savings account plan. Sets contribution limits. Defines a "medical savings account" as a trust created exclusively for purpose of paying an individual's medical expenses. Permits expenses from such account only to the extent such amounts are not compensated for by insurance. Subjects the employee to taxation as owner of the account. Subtitle D: Medicaid Program Flexibility - Amends title XIX (Medicaid) of the Social Security Act to modify Medicaid contracting requirements for coordinated care services. Authorizes the Secretary to waive specified Medicaid requirements with respect to nursing facilities located in a State if the State provides assurances satisfactory to the Secretary that the waiver of such requirements will not adversely affect the quality of life of the residents in such facilities. Subtitle E: Limitations on Physician Self-Referrals - Amends title XVIII (Medicare) of the Social Security Act to extend physician self-referral limitations to all payors as well as to certain additional services. Revises exceptions. Requires the Secretary to conduct a study in order to estimate the changes in aggregate costs for designated health services, under the Medicare program and other health plans, which will result from the implementation of the amendments made by this subtitle. Subtitle F: Removing Restrictions on Managed Care - Preempts managed care restrictions under State law. Requires the Comptroller General to conduct a study of the benefits and cost effectiveness of the use of managed care in the delivery of health services. Subtitle G: Medicare Payment Changes - Amends the Medicare program to make revisions in the methodology for determining updates to Medicare hospital payments. Provides for a reduction in Medicare payment for clinical diagnostic laboratory tests. Subtitle H: Modification of the Operation of the Antitrust Laws to Hospitals - Permits two or more hospitals, without violating the antitrust laws, to share expensive medical services or high technology equipment. Directs the Secretary to grant waivers to exempt hospitals from the antitrust laws in order to carry out agreements permitting such sharing. Sets forth reporting requirements. Subtitle I: Encouraging Enforcement Activities of Medical Self-Regulatory Entities - Prohibits damages, interest on damages, costs, or attorney's fees from being recovered under the Clayton Act or any similar State law from any medical self-regulatory entity as a result of engaging in standard setting or enforcement activities designed to promote the quality of health care provided to patients.
United States · United States Congress · 3 June 1992
State Initiatives in Child Welfare Act of 1992 - Title I: Child Welfare Entitlement Program - Amends title IV of the Social Security Act to create a capped entitlement program under a new part C, Child Welfare Entitlement. States that the purpose of this new part is to grant States the flexibility and resources necessary to provide appropriate services and activities to: (1) preserve and strengthen families with children at risk of needing placement outside their home; (2) reunite children with their families if an out-of-home placement is found to be necessary; (3) place children in adoptive homes or other permanent arrangements in a timely fashion if reunification with their families is not in the best interest of the child; and (4) ensure the well-being of children referred to public officials because of suspected or actual abuse or neglect. Sets forth criteria which States must meet in order to qualify for payments under such entitlement program. Provides for allotments and payments to qualified States, and supplemental payments under certain conditions. Provides that, except with respect to certain restrictions, States may use payments under this part in any manner that the State child welfare agency deems appropriate to accomplish the purpose of the part. Establishes a penalty for misuse of funds. Sets forth administrative provisions. Terminates such new entitlement program after FY 1997. Title II: Federal Oversight And Technical Assistance - Amends part B (Child-Welfare Services) of title IV of the Social Security Act to require State plans under such part to: (1) afford certain protections to foster children; (2) contain certifications respecting proper use of part B program payments and State audits of program expenditures; and (3) contain assurances respecting State compliance with Federal guidelines for protecting foster children. Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to require State plans under such part to contain similar certifications. Directs the Secretary of Health and Human Services (HHS) to provide for broker technical assistance to States with respect to child welfare. Provides funding for such assistance. Places a two-year moratorium on child protection compliance reviews and on disallowances and deferrals of expenditures under the Child-Welfare Services program. Establishes the Commission on Child Welfare Accountability (the Commission) to recommend to the Congress and the Secretary methods by which the Federal Government can better ensure the protection of children referred to State child protective services programs and the accountability of such programs. Authorizes appropriations. Requires each State to transmit to the Secretary and the Commission on Improvement of Child Protective Services Programs a report outlining the efforts that the State has made to ensure the uninterrupted provision of child protections under the Child-Welfare Services program. Requires HHS recommendations on a new accountability system for the protection of children to be transmitted to the Commission. Title III: Creating Reliable Information On Child Welfare - Amends part E to set June 1, 1992, as the deadline for final regulations providing for the implementation of a system currently authorized for the collection of data on adoption and foster care. Requires such regulations to provide for full implementation of such system by FY 1993. Provides for demonstration projects on foster care prevention, family reunification, and adoption assistance services. Requires HHS studies on State administration of Foster Care and Adoption Assistance programs. Authorizes appropriations. Amends part E to provide for a 90 percent match for data collection and information retrieval systems.
United States · United States Congress · 21 May 1992
Medical Cost Containment Act of 1992 - Amends the Internal Revenue Code to exclude from gross income medical care savings benefits. Describes such benefits as a health plan which provides that all or part of the premium differential realized by instituting a qualified higher deductible health plan is credited to participating employees to pay for medical care for a plan year. Requires amounts remaining at the end of such plan year to be deposited into a tax-exempt medical care savings account (subject to rules similar to those for retirement plans) for use by the participant for medical expenses.
United States · United States Congress · 21 May 1992
Designates February 21 through 27, 1993, as American Wine Appreciation Week. Commends the winegrape and fruit growers and vintners of the United States for the production of high quality agricultural products.
United States · United States Congress · 20 May 1992
National Triad Program Act - Requires the Director of the National Institute of Justice to conduct a national assessment of: (1) the nature and extent of crimes against the elderly; (2) the needs of law enforcement, health, and social service organziations, in working to prevent, identify, investigate, and provide assistance to victims of such crimes; and (3) promising strategies to respond effectively to those challenges. Specifies that such assessment shall address: (1) the analysis and synthesis of data from a range of sources; (2) the problems of elderly who are living alone or in high crime areas and who are abused and neglected, and the fear of victimization; (3) the identification of strategies and techniques tht have been shown to be effective or which show promise; (4) the analysis of the factors that enhance or inhibit development of a coordinated response by law enforcement, health care, and social service providers; and (5) the research agenda needed to develop a comprehensive understanding of the problems of crimes against the elderly. Requires the Director to disseminate the results of such assessment. Authorizes the Director to make awards to coalitions of local law enforcement agencies, victim service providers, and organizations representing the elderly for pilot programs and field tests of promising strategies and models for forging partnerships for crime prevention and service provision. Specifies that pilot programs funded under this Act may include existing general service coalitions of law enforcement, victim service, and elder advocate organizations that wish to use additional funds to work at a particular problem in their community or to target a particular geographic area in need of intensive services. Authorizes the Director to make awards to: (1) coalitions of national law enforcement, victim service, and elder advocate organizations for training and technical assistance in implementing pilot programs; (2) research organizations to investigate the types of elder victimization shown by the assessment to present particularly critical problems or to be emerging crimes about which little is known, to evaluate the effectiveness of selected pilot programs, and to conduct research and development identified as being critical; and (3) public service advertising coalitions to increase public awareness of, and promote ideas or programs to prevent, crimes against the elderly. Authorizes appropriations.
United States · United States Congress · 7 May 1992
Civil War Battlefield Commemorative Coin Act of 1992 - Directs the Secretary of the Treasury to issue a specified number of five-dollar gold coins, one-dollar silver coins, and half-dollar clad coins to commemorate the 100th anniversary of Civil War battlefield preservation. Sets forth certain features of such coins and provides for their design, issuance, and sale. Requires that all sales include a surcharge of $35 per coin for the five-dollar coins, $7 per coin for the one-dollar coins, and $1 per coin for the half-dollar coins. Requires that all surcharges be paid to the Civil War Battlefield Foundation for the preservation of historically significant Civil War battlefields.
United States · United States Congress · 5 May 1992
Designates September 18, 1992, as National POW/MIA Recognition Day. Requires the POW/MIA flag to be flown on a flagstaff of the White House, the Departments of State, Defense, and Veterans Affairs, the Selective Service Commission, each national cemetery, and the National Vietnam Veterans Memorial on such day. Requires the flag to be flown on a flagstaff of each national cemetery and the National Vietnam Veterans Memorial on May 30, 1992 (Memorial Day), and on November 11, 1992 (Veterans Day). States that the flag shall be displayed as a symbol of national concern and commitment to resolving the fates of Americans still prisoner, missing, and unaccounted for.
United States · United States Congress · 8 April 1992
Hudson River Artists National Historical Park Act of 1992 - Establishes, as a unit of the National Park System, the Thomas Cole National Historic Site, New York. Authorizes the Secretary of the Interior to establish the Hudson River Artists National Historical Park, subject to specified requirements. Authorizes the Secretary to: (1) acquire specified lands and improvements, as well as historic objects, artifacts, and other personal property associated with and appropriate for the interpretation of the Park; (2) enter into cooperative agreements with the State of New York (the State), specified entities, and individuals; and (3) accept donated funds, property, and services. Specifies that lands and improvements owned by the State may be acquired by the State only by transfer at no cost to the Federal Government. Directs the Secretary to: (1) administer the Park in accordance with this Act and all laws generally applicable to national historic sites; (2) preserve and interpret the Site; (3) preserve and perpetuate knowledge and understanding, and provide for public understanding and enjoyment, of the lives and works of the Hudson River artists (the artists); and (4) assist public and private entities in the interpretation of the artists, their houses and studios, and the vistas depicted by the artists throughout the Hudson River Valley region (region). Specifies that: (1) the Secretary shall take no action with respect to the lands and structures owned by the State within Park boundaries except through cooperative agreements in accordance with this Act; and (2) with regard to lands within the State Forest Preserve, the provisions of such cooperative agreements shall be in strict conformance with the pertinent provisions of the New York State Constitution. Authorizes the Secretary to: (1) provide technical assistance to cooperating entities for the marking, interpretation, restoration, preservation, or interpretation of Site property; and (2) enter into cooperative agreements to plan and coordinate the interpretation of the cultural and natural history of the region, and with the Greene County Historical Society to provide for the establishment of a library and research center at the Site. Directs the Secretary to submit to specified congressional committees a general management plan for the Site and Park, including: (1) recommendations and cost estimates for the identification, marking, interpretation, and preservation of properties and landscapes associated with the artists and located throughout the region; and (2) recommendations on ways to broaden public understanding of the region and its role in American prehistory, history, and culture, and to foster relevant public education, resource preservation, and appropriate levels of regional tourism. Authorizes appropriations.
![Official portrait of Rep. Houghton, Amo [R-NY-31]](https://www.congress.gov/img/member/cd375c1d1b0b554995c377c2856cb497_200.jpg)