United States · United States Congress · 24 April 2013
Medicare DMEPOS Market Pricing Program Act of 2013 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act (SSA) to establish a market pricing program for durable medical equipment (DME), prosthetics, orthotics, and supplies (DMEPOS) as a replacement for the competitive acquisition program, which is terminated as of December 31, 2013. Terminates contracts awarded before enactment of this Act on July 1, 2013. Prescribes requirements for transitional payments for items and services, including payments for diabetic supplies and off-the-shelf orthotics, in areas designated for rounds 1 and 2 of the erstwhile phase-in of the competitive acquistion program, as well as during the initial two-year period of the market pricing program. Directs the Secretary to: (1) conduct market-priced auctions in eligible auction areas throughout the United States for the furnishing of market priced items and services, (2) establish an auction design through a specified process and meeting certain requirements, and (3) ensure that the first auction will be conducted for all eligible auction areas not later than 14 months after contracting with an auction expert. Directs the Secretary to: (1) select a combination of two categories of items and services for each auction, (2) establish a lead product for each product category, (3) establish for each market priced item and service a clearing price equal to the highest cost bid that will meet capacity targets in the market area, (4) award a contract to any entity in an auction's eligible market area whose bid is at or below the clearing price, and (5) monitor the performance of suppliers that are awarded a contract to ensure their compliance with certain requirements. Requires the Secretary, through the Office of the Assistant Secretary for Planning and Evaluation, to contract with an auction expert and a market monitor to assist in the design, development, implementation, and functioning of the auction. Requires the market monitor, on an ongoing basis, also to monitor suppliers and the effects of the market pricing program. Rescinds unobligated balances of all discretionary appropriations for each fiscal year (except those for accounts, programs, projects and activities operated by the Department of Defense [DOD] or the Department of Veterans Affairs [VA]) in an amount necessary to make this Act budget neutral for such fiscal year.
United States · United States Congress · 23 April 2013
Saving Essential American Sailors Act or SEAS Act - Amends the Moving Ahead for Progress in the 21st Century Act (MAP-21) to repeal the Act's repeal of the agricultural export requirements that: (1) 25% of the gross tonnage of certain agricultural commodities or their products exported each fiscal year be transported on U.S. commercial vessels, and (2) the Secretary of Transportation (DOT) finance any increased ocean freight charges incurred in the transportation of such items. Revives and reinstates those repealed requirements to read as if they were never repealed.
United States · United States Congress · 18 April 2013
VA Claims Efficiency Through Information Act of 2013 - Directs the Secretary of Veterans Affairs to maintain on the Department of Veterans Affairs (VA) website publicly accessible information concerning pending and completed claims of compensation for a veteran's service-connected disability or death. Requires such information to include the number of claims pending and completed, and the average number of days between submission and completion, within certain periods. Requires the information provided to be updated at least every seven days.
United States · United States Congress · 18 April 2013
Cyber Warrior Act of 2013 - Directs the Secretary of Defense (DOD) to establish in each state and the District of Columbia a separate team of National Guard members to be known as the Cyber and Computer Network Incident Response Team to perform analysis and protection in support of programs to prepare for and respond to emergencies involving an attack or natural disaster impacting a computer, electronic, or cyber network. Authorizes National Guard members to assist the combatant commands in developing and expanding their capacity to prepare for and respond to such events. Prohibits members from performing such duties unless the Secretary certifies to Congress that the members possess the requisite skills, training, and equipment to be proficient in all mission requirements. Requires the homeland defense activities for which the Secretary is authorized to provide funds to a governor for National Guard units to include: (1) the National Guard's provision of cyber emergency education and training for state and local law enforcement and governmental personnel; and (2) upon a governor's order, the National Guard's performance of activities undertaken by state and local governments to prepare for and respond to such emergencies. Sets forth requirements for the Secretaries of the Army and the Air Force to provide appropriate cyber training to members of the Army National Guard and Air National Guard.
United States · United States Congress · 18 April 2013
Military Spouse Job Continuity Act of 2013 - Amends the Internal Revenue Code to allow the spouse of a member of the Armed Forces (military spouse) who moves with such member to another state under a permanent change of station order a tax credit for up to $500 of qualified relicensing costs incurred by such spouse. Defines "qualified relicensing costs" as costs for a state license or certification to engage in the profession that such military spouse engaged in while residing in the former state.
United States · United States Congress · 18 April 2013
Expresses the sense of Congress that the Chained Consumer Price Index should not be used to calculate cost of living adjustments for Social Security benefits.
United States · United States Congress · 17 April 2013
Student Loan Relief Act of 2013 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to extend the 3.4% interest rate on Federal Direct Stafford loans to loans first disbursed to undergraduate students between July 1, 2011, and July 1, 2015.
United States · United States Congress · 17 April 2013
Sexual Assault Training Oversight and Prevention Act or STOP Act - Establishes a Sexual Assault Oversight and Response Council, composed mainly of civilians, as an independent entity from the chain of command of the Department of Defense (DOD). Directs the Council to: (1) appoint personnel to the Sexual Assault Oversight and Response Office, and advise such Office; (2) appoint the Director of Military Prosecutions (Director); (3) review each request of the Director with respect to a case stemming from a sexual-related offense that has been referred to a military appellate court or to the Department of Justice (DOJ); and (4) submit to the Secretary of Defense, Congress, and the Attorney General a report on each Director request for referral to a higher court. Requires the Council to advise on the development of sexual assault reporting protocols, risk-reduction and response training, and policy. Establishes within DOD the Sexual Assault Oversight and Response Office, headed by an Executive Director, to undertake specified duties and responsibilities relating to the investigation, prevention, and reduction of sexual assault incidents within the Armed Forces. Requires the Office to establish protocols to ensure that all reports of sexual assault are taken out of the chain of command and reported directly to the Office. Establishes the position of Director of Military Prosecutions, appointed by the Council, to have independent and final authority to oversee the prosecution of all sexual-related offenses committed by a member of the Armed Forces, and to refer such cases to trial by courts-martial.
United States · United States Congress · 17 April 2013
Veteran's I.D. Card Act - Directs the Secretary of Veterans Affairs (VA) to issue a veteran's identification card to any veteran who requests such card and is neither entitled to military retired pay nor enrolled in the VA system of patient enrollment. Requires such card, among other things, to: (1) display their name and photograph, and (2) serve as proof that the veteran honorably served in the Armed Forces and has a DD-214 form or other official document in their personnel file that describes their military service. Directs the Secretary to charge a card fee. States that such card shall not serve as proof of entitlement to any benefits.
United States · United States Congress · 15 April 2013
Concrete Masonry Products Research, Education, and Promotion Act of 2013 - Directs the Secretary of Commerce to issue orders applicable to manufacturers of concrete masonry products (concrete). Requires any such order to provide for the establishment of a Concrete Masonry Products Board, which shall carry out a program of promotion, research, and information regarding concrete products. Requires manufacturers and importers to maintain, and make available, specified records. Requires any such order to provide that assessments shall be paid by concrete manufacturers with respect to concrete manufactured and marketed in the United States. Provides assessment rates. Requires at least 50% of the assessments paid by a manufacturer to be used to support research, education, and promotion plans and projects in support of the geographic region of the manufacturer. Directs the Secretary, during the 60-day period preceding the proposed effective date of an order, to conduct a referendum for order approval among the manufacturers required to pay assessments under the order. Outlines referendum procedures. Provides for petition and review of an order, and order enforcement through U.S. district courts. Authorizes the Secretary to conduct appropriate investigations in order to administer this Act (with power of subpoena). Directs the Secretary to suspend or terminate any order or provision that obstructs or does not tend to effectuate the purposes of this Act, or that is not favored by persons voting in a referendum.
United States · United States Congress · 15 April 2013
Financial Institutions Examination Fairness and Reform Act - Amends the Federal Financial Institutions Examination Council Act of 1978 to require a federal financial institutions regulatory agency to make a final examination report to a financial institution within 60 days of the later of: (1) the exit interview for an examination of the institution, or (2) the provision of additional information by the institution relating to the examination. Sets a deadline for the exit interview if a financial institution is not subject to a resident examiner program. Sets forth examination standards for financial institutions. Prohibits federal financial institutions regulatory agencies from requiring a well capitalized financial institution to raise additional capital in lieu of an action prohibited by the examination standards. Establishes in the Federal Financial Institutions Examination Council an Office of Examination Ombudsman. Grants a financial institution the right to appeal a material supervisory determination contained in a final report of examination. Requires the Ombudsman to determine the merits of the appeal on the record, after an opportunity for a hearing before an independent administrative law judge. Declares the decision by the Ombudsman on an appeal to: (1) be the final agency action, and (2) bind the agency whose supervisory determination was the subject of the appeal and the financial institution making the appeal. Amends the Riegle Community Development and Regulatory Improvement Act of 1994 to require: (1) the Consumer Financial Protection Bureau (CFPB) to establish an independent intra-agency appellate process in connection with the regulatory appeals process; and (2) appropriate safeguards to protect an insured depository institution or insured credit union from retaliation by the CFPB, the National Credit Union Administration (NCUA) Board, or any other federal banking agency for exercising its rights.
United States · United States Congress · 15 April 2013
Expresses the sense of the House of Representatives that the Food and Drug Administration (FDA) should exercise its acknowledged authority to: (1) refuse to approve generic versions of non-abuse-deterrent opioid products that have been replaced in the market with abuse-deterrent formulations, and (2) require generic versions of abuse-deterrent opioid products to be formulated with comparable abuse-deterrent features.
United States · United States Congress · 12 April 2013
Breast Cancer Patient Protect Act of 2013 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to require a group or individual health plan that provides medical and surgical benefits to ensure that inpatient (and in the case of a lumpectomy, outpatient) coverage and radiation therapy are provided for breast cancer treatment. Prohibits such a plan from: (1) restricting benefits for any hospital length of stay to less than 48 hours in connection with a mastectomy or breast conserving surgery or 24 hours in connection with a lymph node dissection, insofar as the attending physician, in consultation with the patient, determines such stay to be medically necessary; or (2) requiring that a provider obtain authorization from the plan for prescribing any such length of stay. Requires such a plan to: (1) provide notice to each participant and beneficiary regarding the coverage required under this Act, and (2) ensure that coverage is provided for secondary consultations. Prohibits a health plan from taking specified actions to avoid the requirements of this Act. Allows a health insurance issuer that provides individual health insurance coverage to nonrenew or discontinue an individual's coverage based on the intentional concealment of material facts regarding a health condition related to the condition for which coverage is being claimed.
United States · United States Congress · 12 April 2013
Disabled Veterans Red Tape Reduction Act - Amends the Veterans Benefits Act of 2003 to extend through 2018 Department of Veterans Affairs (VA) authority for the performance of medical disability evaluations by contract physicians.
United States · United States Congress · 12 April 2013
Student Loan Interest Deduction Act of 2013 - Amends the Internal Revenue Code to: (1) increase the maximum tax deduction for interest paid on any qualified education loan to $5,000 ($10,000 for married couples filing a joint tax return), and (2) repeal the limitation on such deduction based upon modified adjusted gross income.
United States · United States Congress · 11 April 2013
Health Outcomes, Planning, and Education for Alzheimer's Act - Amends title XVIII (Medicare) of the Social Security Act to provide for comprehensive Alzheimer's disease diagnosis and services.
United States · United States Congress · 11 April 2013
No Carbon Tax Act of 2013 - Prohibits the Secretary of the Treasury and the Administrator of the Environmental Protection Agency (EPA) from devising or implementing a carbon tax. Defines "carbon tax" to mean a tax, fee, or price on: (1) emissions, including carbon dioxide emissions generated by the burning of coal, natural gas, or oil; or (2) coal, natural gas, or oil based on emissions, including carbon dioxide emissions that would be generated through the fuel's combustion.
United States · United States Congress · 25 March 2013
Directs the Secretary of Veterans Affairs (VA) to include, within a notification to a claimant of the decision to deny a benefit sought, a form that may be used to appeal such decision.
United States · United States Congress · 21 March 2013
Robert C. Byrd Mine Safety Protection Act of 2013 - Amends the Federal Mine Safety and Health Act of 1977 to require the Secretary of Labor (Secretary), in conducting health and safety related accident investigations in coal or other mines, to: (1) determine why an accident occurred and whether there were violations of law, mandatory health and safety standards, or other requirements; (2) in cases involving violations of federal criminal law, refer them to the Attorney General; and (3) make recommendations to avoid any recurrence. Requires an independent accident investigation by an independent panel appointed by the Secretary of Health and Human Services (HHS) for any accident: (1) involving three or more deaths, or (2) whose severity or scale merits an independent investigation. Requires the Director of the National Institute for Occupational Safety and Health (NIOSH), at the request of a majority of the panel or upon his or her own initiative, to issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and administer oaths with respect to an investigation. Authorizes: (1) the Secretary's representatives and attorneys to question any individual privately during an inspection or investigation; and (2) any individual willing to speak with or provide a statement to such representatives or attorneys to do so without the presence, involvement, or knowledge of the mine operator or mine operator's agents or attorneys. Allows the closest relative of a miner who is entrapped, disabled, killed, or otherwise prevented by an accident to designate a representative for the miner to participate in a mine inspection. Requires mine inspections to be conducted during various shifts and days of the week when miners are normally present. Directs the Secretary, upon the request of the mine operator, to review with appropriate mine officials the Secretary's most recent evaluation for pattern of violations status during the course of a regular mine inspection, or at the Secretary's discretion, during the pre-inspection conference. Prohibits an attorney from representing both a mine operator and miner during an inspection, investigation, or litigation, unless such miner knowingly waives all possible conflicts of interest. Declares that title 30 CFR Part 104 of chapter I, as revised by the Federal Mine Safety and Health Administration and published at 78 Federal Register 5073 (January 23, 2013), regarding procedures and criteria for determining a mine operator's pattern of violations, shall have the force and effect of law and be subject to an Act of Congress. Requires the Secretary to: (1) revoke the approval of mine operator plans or programs based on certain criteria; and (2) order withdrawal of all persons from a mine or mine area, and prohibit them from entering it, until the operator submits and the Secretary approves a new plan. Revises civil and criminal penalties and related administrative procedures. Prescribes a civil penalty for: (1) any unapproved change to a coal mine ventilation system or ventilation control which is required by a ventilation plan, safety standard, or order; (2) a violation of a mandatory health and safety standard requiring rock dusting in a coal mine; (3) a violation of the statutory prohibition on providing advance notice of an inspection; or (4) a violation of a mandatory health and safety standard requiring examinations of work areas in an underground coal mine. Revises certain miner protections against discrimination. Prohibits discriminating against a miner or other employee of a mine operator for refusing to perform duties out of a good-faith and reasonable belief that performing such duties would pose a safety or health hazard. Entitles a miner to full compensation by a mine operator at the regular rate of pay for the entire period (not to exceed 60 days) for which the miner is idled because of a Secretary's withdrawal order. (Under current law, miners are entitled to full compensation only for the time that they are idled, or for one week, whichever is the lesser, after all interested parties are given an opportunity for a public hearing and after such order is final.) Prohibits an underground coal mine operator whose mine has been in pattern of violations status for three years from discharging (or constructively discharging) a miner paid on an hourly basis without reasonable job-related grounds based on certain failures to perform job duties satisfactorily if the miner has completed the employer's probationary period of up to six months. Allows a miner aggrieved by violation of this prohibition to file a complaint in federal district court for reinstatement and compensatory damages. Requires each underground coal mine operator to implement a communication program to ensure that each miner is orally briefed on and made aware of current mine conditions before traveling to or arriving at the mine work area and commencing assigned tasks. Prescribes additional requirements for the monitoring of coal dust in underground mines. Directs the Secretary to promulgate regulations to require each operator of an underground coal mine to install atmospheric monitoring systems. Revises mine operator health and safety training program requirements. Increases from 8 to 9 the minimum number of hours of refresher training all miners must receive at least once every 12 months, including 1 hour of training on miners statutory rights and responsibilities. Requires such training programs to include distribution of miners' rights as well as a toll-free hotline telephone number. Requires the Secretary to order a mine operator to provide additional training to miners if a serious or fatal accident has occurred at a mine, it has experienced above-average accident and injury rates, citations, or withdrawal orders, or the operator has a history of failing to adequately train miners. Amends the Mine Improvement and New Emergency Response Act of 2006 to require the Secretary to give special emphasis in the award of competitive grants for education and training (Brookwood-Sago Mine Safety Grants) to programs and materials that provide underground mine accident rescue simulation training to workers in smaller mines. Requires the Secretary to issue mandatory standards to establish certification requirements and procedures for persons authorized by a mine operator to perform duties or provide training under such Act. Directs the Secretary to promulgate regulations to require mine operators to retain certain required records and data that are in electronic form. Authorizes the Secretary to make grants to states to assist them in developing and implementing miner certification programs. Amends the Black Lung Benefits Act to require a mine operator to deliver within 14 days a complete copy of the examining physician's report to any miner required to submit to a medical examination. Amends the Occupational Safety and Health Act of 1970 to authorize the Director of NIOSH, acting through the Office of Mine Safety and Health, to enter into cooperative agreements with international institutions and private entities to improve mine safety and health through new interventions. Authorizes the Secretary to double encumber a position or utilize early replacement hiring for authorized representatives and technical positions in the Mine Safety and Health Administration. Requires the Secretary to develop and report to Congress a succession plan for the replacement of qualified Administration employees for the next five years.
United States · United States Congress · 21 March 2013
Stop Oxy Abuse Act of 2013 - Directs the Commissioner of Food and Drugs (FDA), within 90 days, to take such actions as may be necessary to modify the approval of, and limit any subsequent approval of, any drug containing controlled-release oxycodone hychloride to use for the relief of severe-only pain instead of moderate-to-severe pain.
United States · United States Congress · 21 March 2013
Palliative Care and Hospice Education and Training Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to award grants or contracts for the establishment or operation of Palliative Care and Hospice Education Centers. Requires such Centers to: (1) improve the training of health professionals in palliative care for individuals with serious or life-threatening illnesses; (2) develop and disseminate related curricula; (3) support the training and retraining of faculty to provide instruction in palliative care; (4) support continuing education of health professionals who provide palliative care; (5) provide students with clinical training in palliative care in long-term care facilities, home care, hospices, chronic and acute disease hospitals, and ambulatory care centers; and (6) establish traineeships for individuals preparing for advanced education nursing degrees in palliative care. Authorizes the Secretary to make grants to and enter into contracts with schools of medicine, schools of osteopathic medicine, teaching hospitals, and graduate medical education programs to provide support for projects that fund the training of physicians who plan to teach palliative medicine. Directs the Secretary to: (1) establish a program to provide Palliative Medicine and Hospice Academic Career Awards to eligible individuals; (2) award grants or contracts to entities that operate a Palliative Care and Hospice Education Center; (3) award incentive grants or contracts to advanced practice nurses, clinical social workers, pharmacists, chaplains, or students of psychology pursuing an advanced degree in palliative care or related fields; and (4) award grants to schools of nursing, health care facilities, or programs leading to certification as a certified nurse assistant to develop and implement programs and initiatives to train individuals in providing palliative care in health-related educational, hospice, home, or long-term care settings.
United States · United States Congress · 21 March 2013
Small Business Paperwork Relief Act of 2013 - Amends the Paperwork Reduction Act to direct agency heads not to impose civil fines for first-time paperwork violations by small business concerns unless there is potential for serious harm to the public interest, the detection of criminal activity would be impaired, the violation is not corrected within six months, the violation is a violation of internal revenue law or a law concerning the assessment or collection of any tax, debt, revenue, or receipt, or the violation presents a danger to the public health or safety. Permits an agency to determine that a fine should not be imposed for a violation that presents a danger to public health or safety if the violation is corrected within 24 hours after receipt by the small business owner of notification of the violation. Makes this Act inapplicable to any violation by a small business of a requirement regarding the collection of information by an agency if the small business previously violated any requirement concerning the collection of information by that agency.
United States · United States Congress · 20 March 2013
Amends provisions of the federal criminal code governing interstate transportation of firearms or ammunition to require that whenever transported by any means other than a motor vehicle: (1) a firearm shall be in a locked container or secured by a secure gun storage or safety device, and (2) ammunition shall be in a locked container. Excludes from permitted transport of a firearm or ammunition any transportation: (1) with the intent to commit a crime punishable by imprisonment for more than one year that involves the use or threatened use of force against another; or (2) with knowledge or reasonable cause to believe that such a crime is to be committed in the course of, or arising from, the transportation. Prohibits the arrest or detention of a person for a violation of any state or local law or regulation related to the possession, transportation, or carrying of firearms unless there is probable cause to believe that the person is doing so in a manner not provided for under federal law. Provides that when a person asserts this as a defense in a criminal proceeding: (1) the prosecution shall bear the burden of proving, beyond a reasonable doubt, that the person's conduct did not satisfy federal conditions; and (2) the court shall award the prevailing defendant a reasonable attorney's fee. Authorizes a private right of action (and attorney fees) for deprivation of any right, privilege or immunity secured by federal firearms provisions under color of any state or local law or regulation.
United States · United States Congress · 20 March 2013
Amends the Controlled Substances Act to remove dihydrocodeinone (hydrocodone) from classification as a schedule III controlled substance. Directs the Attorney General to immediately allow manufacturers and distributors to store hydrocodone compound products in accordance with the physical security requirements for schedule III, IV, and V controlled substances for three years beginning on the date enactment of this Act. Requires the Comptroller General to submit a report on the reclassification of hydrocodone products under this Act, including: (1) an assessment of the degree to which the reclassification of such products under this Act impacts the ability of patients with legitimate medical needs, particularly those in rural areas and nursing home facilities, to access adequate pain management; and (2) recommendations necessary to address any issues relating to patient access to adequate pain management.
United States · United States Congress · 20 March 2013
Currency Reform for Fair Trade Act - Amends the Tariff Act of 1930 to include as a "countervailable subsidy" requiring action under a countervailing duty or antidumping duty proceeding the benefit conferred on merchandise imported into the United States from foreign countries with fundamentally undervalued currency. Defines "benefit conferred," in cases where the currency of a foreign country is exchanged for foreign currency (i.e., U.S. dollars) obtained from export transactions, as the difference between: (1) the amount of currency provided by a foreign country in which the subject merchandise is produced, and (2) the amount of currency such country would have provided if the real effective exchange rate of its currency were not fundamentally undervalued. Declares that the fact that such a subsidy is also provided in circumstances not involving export shall not, for that reason alone, mean it cannot be considered export contingent and actionable under a countervailing duty and antidumping duty proceeding. Requires the administering authority to determine that the currency of a foreign country is fundamentally undervalued if for an 18-month period: (1) the government of the country engages in protracted, large-scale intervention in one or more foreign exchange markets; (2) the country's real effective exchange rate is undervalued by at least 5%; (3) the country has experienced significant and persistent global current account surpluses; and (4) the country's government has foreign asset reserves exceeding the amount necessary to repay all its debt obligations falling due within the coming 12 months, 20% percent of the country's money supply, and the value of the country's imports during the previous 4 months. Requires the use, for calculating a country's "real effective exchange rate undervaluation," of certain guidelines of the Consultative Group on Exchange Rate Issues of the International Monetary Fund (IMF) or, if those guidelines are not available, generally accepted economic and econometric techniques and methodologies. Requires the use, also, of inflation-adjusted, trade-weighted exchange rates. Applies the amendments made by this Act to goods from Canada and Mexico.
United States · United States Congress · 19 March 2013
Medicare Audit Improvement Act of 2013 - Directs the Secretary of Health and Human Services (HHS) to establish a process which subjects to a single, combined maximum annual limit, applied incrementally, the number of additional documentation requests made to a hospital by Medicare administrative contractors, recovery audit contractors, or Comprehensive Error Rate Testing (CERT) program contractors pursuant to prepayment and postpayment audits requiring a hospital to submit a medical record for audit purposes. Directs the Secretary also to establish a distinct additional documentation request limit, computed according to a specified formula, for each hospital claim type for each hospital for a 45-day period in a year. Amends title XVIII (Medicare) of the Social Security Act with respect to the Medicare Integrity Program and use of recovery audit contractors. Requires the Secretary to ensure that recovery audit contracts include certain mandatory terms and conditions pertaining to: (1) penalties for certain compliance failures, (2) penalties for overturned appeals, (3) postpayment and prepayment audits, and (4) guidelines for prepayment review. Directs the Secretary to publish on the Internet website of the Centers for Medicare & Medicaid Services information on recovery audit contractor performance regarding: (1) audit rates, denials, and appeals outcomes; and (2) independent performance evaluations. Deems to be an original claim for Medicare part B (Supplementary Medical Insurance) payment a resubmitted hospital claim for Medicare part A payment for inpatient hospital services which a recovery audit contractor determines: (1) were not medically necessary and reasonable based on the site of service, but (2) would be medically necessary and reasonable in an outpatient setting of the hospital. Requires payment to be made for such a resubmitted claim for all furnished items and services for which payment may be made under Medicare part B. Deems to be a reopened claim, for purposes of a hospital's ability to resubmit a claim for Medicare payment in timely fashion, any claim that is the subject of an audit by a recovery audit contractor or a Medicare administrative contractor. Requires contracts for a recovery audit contractor to require that a physician review each denial of a claim for medical necessity made by an employee of the contractor who is not a physician. Subjects to administrative and judicial review the Secretary's compliance with guidelines for reopening and revising benefit determinations.
United States · United States Congress · 19 March 2013
Physical Therapist Workforce and Patient Access Act of 2013 - Amends the Public Health Service Act to include physical therapy within the definition of "primary health services" for purposes of the National Health Service Corps. Makes physical therapists eligible for repayment of their educational loans in order to ensure an adequate supply of physical therapists.
United States · United States Congress · 15 March 2013
Basel III Capital Impact Study Act - Directs the federal banking agencies (the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, and the Federal Deposit Insurance Corporation [FDIC]), prior to issuing any final rule amending the agencies' general risk-based capital requirements for determining risk-weighted assets and minimum regulatory capital ratios as proposed in certain June 2012 notices of proposed rule making, to study and report regarding the impact of the approaches on the minimum regulatory capital requirements of insured depository institutions and insured depository institution holding companies. Requires the banking agencies to separately identify provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) that affect capital quality, capital levels, asset quality, and the risk management activities of insured depository institutions and insured depository holding companies and take into consideration the impact of such provisions. Specifies Dodd-Frank provisions to be included. Permits the banking agencies to solicit participation in the study from insured depository institutions and insured depository institution holding companies on a voluntary basis. Amends the International Lending Supervision Act of 1983 to revise capital adequacy requirements by directing the banking agencies to seek to ensure that any differences in rules implementing the capital standards do not: (1) give competitive advantages to any class or group of institutions unless otherwise required by federal law, or (2) undermine Dodd-Frank requirements for enhanced supervision and prudential standards.
United States · United States Congress · 15 March 2013
Directs the President pro tempore of the Senate and the Speaker of the House of Representatives to arrange for the award, on behalf of Congress, of a gold medal in honor of the members of the 17 Bombardment Group (Medium), who became known as the Doolittle Tokyo Raiders, in recognition of their military service during World War II. Requires the medal to be given to the National Museum of the United States Air Force for display. Expresses the sense of Congress that such Museum should make the medal available for display elsewhere, particularly at locations and events associated with the Doolittle Tokyo Raiders.
United States · United States Congress · 14 March 2013
Resident Physician Shortage Reduction Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act with respect to distribution of additional resident positions as they affect calculation of payments for direct graduate medical education (DGME) costs. Directs the Secretary of Health and Human Services (HHS), for each of FY2015-FY2019 (and each succeeding fiscal year if additional residency positions are available to distribute), to increase the otherwise applicable resident limit for each qualifying hospital. Directs the Secretary to determine the total number of additional residency positions available for distribution, in accordance with guidelines for allocating 33% to hospitals already operating over the resident limit, and generally setting the aggregate number of increases in the resident limit to 3,000 in each year. Specifies the process for distributing positions. Declares that, for discharges occurring on or after July 1, 2015, the indirect teaching adjustment factor, with respect to additional payments for subsection (d) hospitals with indirect costs of medical education (IME), insofar as those additional payments are attributable to resident positions distributed to a hospital according to such process, shall be computed in a specified manner with respect to those resident positions. (Generally, a subsection [d] hospital is an acute care hospital, particularly one that receives payments under Medicare's inpatient prospective payment system [IPPS] when providing covered inpatient services to eligible beneficiaries.) Directs the National Health Care Workforce Commission established under the Patient Protection and Affordable Care Act to study the physician workforce. Directs the Comptroller General to study strategies for increasing the diversity of the health profession workforce.
United States · United States Congress · 14 March 2013
Improving Access to Medicare Coverage Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to deem an individual receiving outpatient observation services in a hospital to be an inpatient with respect to satisfying the three-day inpatient hospital requirement in order to entitle the individual to Medicare coverage of any post-hospital extended care services in a skilled nursing facility (SNF).
United States · United States Congress · 14 March 2013
Training Tomorrow's Doctors Today Act - Amends title XVIII (Medicare) of the Social Security Act with respect to distribution of additional resident positions as they affect calculation of payments for direct graduate medical education (DGME) costs. Directs the Secretary of Health and Human Services (HHS), for each of FY2014-FY2018 (and each succeeding fiscal year if additional residency positions are available to distribute), to increase the otherwise applicable resident limit for each qualifying hospital. Directs the Secretary to determine the total number of additional residency positions available for distribution, in accordance with guidelines for allocating 33% to hospitals already operating over the resident limit, and generally setting the aggregate number of increases in the resident limit to 3,000 in each year. Specifies the process for distributing positions. Declares that, for discharges occurring on or after July 1, 2015, the indirect teaching adjustment factor, with respect to additional payments for subsection (d) hospitals with indirect costs of medical education (IME), insofar as those additional payments are attributable to resident positions distributed to a hospital according to such process, shall be computed in a specified manner with respect to those resident positions. (Generally, a subsection [d] hospital is an acute care hospital, particularly one that receives payments under Medicare's inpatient prospective payment system [IPPS] when providing covered inpatient services to eligible beneficiaries.) Revises requirements for counting interns and residents to declare that in certain circumstances the three-year rolling average of the actual full-time equivalent resident counts shall not apply. Makes the same declaration with respect to the ratio of the hospital's full-time equivalent interns and residents to beds. Eliminates both requirements after December 31, 2012. Requires the current year count of full-time equivalent residents to determine a hospital's graduate medical education (GME) payment. Requires all the time spent by an intern or resident in an approved medical residency training program, regardless of setting, to be counted toward the determination of full-time equivalency if the hospital meets certain subsection (d) hospital criteria. Prohibits the Secretary from treating a cost reporting period for which a hospital trains residents participating in a program of another hospital as a period for which the hospital has an approved medical residency period. Requires the Secretary (who currently is authorized) to prescribe rules which allow institutions which are members of the same affiliated group to elect to apply the limitation on the number of residents in allopathic and osteopathic medicine on an aggregate basis. Requires such rules to authorize all facilities established on or after January 1, 2000, whose resident limits are adjusted on or after January 1, 1997, to elect to apply the limitation on the number of residents in allopathic and osteopathic medicine on an aggregate basis after a certain period. Declares that, in the case of a resident who changes residency specialties, the period of board eligibility and the initial residency period shall be equal to the minimum number of years of formal training required to satisfy the requirements for the initial board eligibility of the program into which the resident transfers. Directs the Secretary to establish and implement procedures under which the amount of payments that a hospital would otherwise receive for IME costs for discharges occurring during a fiscal year is adjusted based on the reporting of measures and the performance of the hospital on measures of patient care priorities. Directs the Secretary to report to Congress and the National Health Care Workforce Commission on both DGME and IME payments that hospitals receive under the Medicare program. Directs the Comptroller General to study: (1) the physician workforce, identifying specialties for which there is a shortage; and (2) strategies for increasing the diversity of the health profession workforce.
United States · United States Congress · 14 March 2013
Northern Rockies Ecosystem Protection Act - Designates specified National Forest System lands, National Park System lands, and public lands in Idaho, Montana, Oregon, Washington, and Wyoming as wilderness and as components or additions to existing components of the National Wilderness Preservation System. Sets forth provisions for the management of the lands designated as wilderness by this Act, including regarding water rights, tribal rights, fish and wildlife, and grazing permits and leases. Authorizes the Secretaries of the Interior and of Agriculture (USDA) to take necessary measures for the control of fire, insects, and disease on such lands. Establishes a Northern Rockies Fish and Wildlife Habitat and Corridors Information Program. Requires the development of a Northern Rockies Habitat and Corridors Information System. Sets forth specified additional provisions with regard to Indian tribes. Permits provisions of the Indian Self-Determination and Education Assistance Act to be applied, as appropriate, in the implementation of this Act. Amends the Wild and Scenic Rivers Act to designate segments of specified rivers and creeks in Idaho, Montana, and Wyoming as components of the National Wild and Scenic Rivers System.
United States · United States Congress · 14 March 2013
Express the sense of Congress that a carbon tax would be detrimental to American families and businesses and is not in the best interest of the United States.
United States · United States Congress · 13 March 2013
Requires disregard of any hours worked by a firefighter under a qualified trade-of-time arrangement for purposes of any determination relating to federal eligibility for or the amount of any overtime pay.
United States · United States Congress · 13 March 2013
TIGER Grants for Job Creation Act - Makes supplemental appropriations of $500 million for each of FY2013 and FY2014 for the Department of Transportation (DOT) for the Transportation Investment Generating Economic Recovery (TIGER) competitive grant program for national infrastructure investment projects for states, local governments, and transit agencies. Exempts such appropriations from sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985.
United States · United States Congress · 13 March 2013
Expresses the sense of Congress that: (1) the President should not sign the Arms Trade Treaty, and that, if he transmits the Treaty with his signature to the Senate, the Senate should not ratify it; and (2) until the Treaty has been signed by the President, received the advice and consent of the Senate, and has been the subject of implementing legislation by Congress, no federal funds should be appropriated or authorized to implement the Treaty, or any similar agreement, or to conduct activities relevant to the Treaty, or any similar agreement.
United States · United States Congress · 12 March 2013
Removing Barriers to Colorectal Cancer Screening Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to waive coinsurance for colorectal cancer screening tests (thus covering 100% of their cost under Medicare part B [Supplementary Medical Insurance Benefits for the Aged and Disabled]).
United States · United States Congress · 12 March 2013
Safeguard American Food Exports Act of 2013 - Amends the Federal Food, Drug, and Cosmetic Act to prohibit the sale or transport of equines (horses and other members of the equidae family) or their parts (including flesh, meat, and viscera), or the importing or exporting of equines or their parts into or out of the United States, by any person who knows or should have known that such equines are to be slaughtered for human consumption as food.
United States · United States Congress · 12 March 2013
Directs (under current law, in each case authorizes) the Secretary of Defense (DOD) to: (1) lend equipment and supplies and furnish services in support of Boy Scout Jamborees, (2) provide transportation for attendees of any national or world Jamboree, and (3) provide personnel services and logistical support at any Jamboree held on a military installation. Allows the Secretary to furnish such transportation to the extent it will not interfere with national security (under current law, with the requirements of military operations).
United States · United States Congress · 12 March 2013
Amends the Indian Arts and Crafts Act of 1990, for the purposes of a civil action brought against a person for the misrepresentation of an Indian-produced good or an Indian product to revise the definition of "Indian" to include a member of an Indian organization who resides in the state in which the Indian organization is chartered and headquartered and is a direct lineal descendant of a person listed on: (1) the base roll of an Indian tribe, whether or not such individual qualifies for membership in the Indian tribe; or (2) a judgment fund distribution list, roll, or census of Indians or other document prepared and approved by the Secretary of the Interior whether or not such list, roll, or census or document is used by an Indian tribe to determine membership. Defines "Indian organization" to mean: (1) a nonprofit organization that is chartered as a charitable organization with the state in which the organization is headquartered; (2) is recognized by a state legislative body as an Indian organization or group, in which a majority of its members are recognized as Indians, whether or not such organization is recognized as a state or federally recognized tribe; (3) is dedicated to preserving Native American principles, traditions, culture, history, language, and arts; (4) performs free genealogical information on its members to verify that an individual meets the definition of "Indian" as defined in this Act; and (5) retains genealogical information collected on its members for verification.
United States · United States Congress · 7 March 2013
Consumer Price Index for Elderly Consumers Act of 2013 - Directs the Bureau of Labor Statistics of the Department of Labor to prepare and publish a monthly Consumer Price Index for Elderly Consumers (CPIEC) that indicates changes over time in expenditures for consumption which are typical for individuals age 62 or older. Amends titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVIII (Medicare) to use such new CPIEC in the computation of cost-of-living increases for Social Security and Medicare benefits, replacing the CPI for All Urban Consumers (U.S. city average).
United States · United States Congress · 7 March 2013
Medication Therapy Management Empowerment Act of 2013 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to provide access to services under medication therapy management programs for Medicare part D (Voluntary Prescription Drug Program) eligible individuals with a single chronic disease. Allows the application of this Act only if the Chief Actuary for the Centers for Medicare & Medicaid Services determines that such application with regard to a particular single chronic disease is not projected to increase overall costs to the Medicare program over the following five year period.
United States · United States Congress · 6 March 2013
Fair Minimum Wage Act of 2013 - Amends the Fair Labor Standards Act of 1938 (FLSA) to increase the federal minimum wage for employees to: (1) $8.20 an hour on the first day of the third month after the enactment of this Act; (2) $9.15 an hour after one year; (3) $10.10 an hour after two years; and (4) the amount determined by the Secretary of Labor (based on increases in the Consumer Price Index) after three years, and annually thereafter. Increases the federal minimum wage for tipped employees to $3.00 an hour for one year on the first day of the third month after the enactment of this Act. Provides a formula for subsequent annual adjustments of the wage increase to ensure that it remains equal to 70% of the wage in effect under FLSA for other employees. Directs the Secretary of Labor, 60 days before any increase in the minimum wage, to publish it in the Federal Register and on the Department of Labor's website.
United States · United States Congress · 6 March 2013
Volunteer Emergency Services Recruitment and Retention Act of 2013 - Amends the Internal Revenue Code to allow sponsors of certain deferred compensation plans to elect to include length of service award plans for bona fide volunteers providing firefighting and fire prevention services, emergency medical services, ambulance services, and emergency rescue services. Directs the Secretary of Labor to issue guidance clarifying that a length of service award program is not an employee pension benefit plan under the Employee Retirement Income Security Act of 1974 (ERISA).
United States · United States Congress · 6 March 2013
English Language Unity Act of 2013 - Makes English the official language of the United States. Requires, subject to exceptions and rules of construction, that: (1) official functions of the U.S. government be conducted in English, and (2) all naturalization ceremonies be conducted in English. Establishes a uniform English language rule for naturalization. Makes English language requirements and workplace policies, whether in the public or private sector, presumptively consistent with the laws of the United States. Directs the Secretary of Homeland Security (DHS) to issue for public notice and comment a proposed rule for uniform testing of English language ability of candidates for naturalization based upon the principles that: (1) all citizens should be able to read and understand generally the English language text of the Declaration of Independence, the Constitution, and the laws of the United States; and (2) any exceptions to this standard should be limited to extraordinary circumstances, such as asylum.
United States · United States Congress · 6 March 2013
Coal Accountability and Retired Employee Act of 2013 or CARE Act - Amends the Surface Mining Control and Reclamation Act of 1977 to transfer specified excess funds derived from coal mine operator-paid reclamation fees to the trustees of the 1974 United Mine Workers of America (UMWA) Pension Plan for use solely to pay pension benefits required under such Plan. Amends the Internal Revenue Code to revise 1992 UMWA Benefit Plan eligibility requirements. Makes eligible for health benefits from the 1992 UMWA Benefit Plan an individual who would be eligible to receive benefits from the 1974 UMWA Benefit Plan (with a specified exception) following a bankruptcy or other insolvency proceeding of a coal mine operator, but who does not receive from that operator or any related person health benefits at least equal to those received under the Multiemployer Health Benefit Plan of the Surface Mining Control and Reclamation Act of 1977. Prescribes a special rule to state 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 the requirements for 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 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 · 6 March 2013
Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to include military technicians (dual status) in military personnel accounts for purposes of any sequestration order issued by the President after January 1, 2013.
United States · United States Congress · 6 March 2013
Expresses the sense of the House of Representatives that: (1) the federal government and state governments should make the transition of a member of the Armed Forces and the member's spouse from military to civilian life as seamless as possible by creating opportunities for them to earn civilian occupational credentials and licenses, with an emphasis on well-paying industries and occupations that have a high demand for skilled workers; (2) the federal government should assist state governments in translating military training and experience into credit towards professional licensure; and (3) state governments should streamline approaches for assessing the equivalency of military training and experience and accelerate occupational licensing processes for members, veterans, and their spouses.
![Official portrait of Rep. Rahall, Nick J., II [D-WV-3]](https://www.congress.gov/img/member/r000011_200.jpg)