Person

Rep. Staggers, Harley O., Jr. [D-WV-2]

Records

1,529 records where Rep. Staggers, Harley O., Jr. [D-WV-2] is listed as a sponsor, author, or other actor. Search with topics and years

Bill· HRH.R. 1036 (101st)open

American Flag Fidelity Act

United States · United States Congress · 21 February 1989

American Flag Fidelity Act - Prohibits the importation of U.S. flags that are manufactured in a foreign country.

Bill· HRH.R. 982 (101st)open

Postal Reorganization Act Amendments of 1989

United States · United States Congress · 9 February 1989

Postal Reorganization Act Amendments of 1989 - Declares that the receipts and disbursements of the Postal Service Fund: (1) shall not be included in the totals of the Federal budget or the congressional budget; (2) shall be exempt from Federal budget limitations on expenditures and net lending; and (3) shall be exempt from any sequestration order under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) and shall not be counted for purposes of calculating the Federal deficit.

Bill· HRH.R. 957 (101st)referred

Intergenerational Library Literacy Act

United States · United States Congress · 9 February 1989

Intergenerational Library Literacy Act - Amends the Library Services and Construction Act to authorize the Secretary of Education to make grants to local public libraries to establish demonstration projects using older adult volunteers to provide intergenerational library literacy programs for school children during afterschool hours. Directs the Secretary, within three years after first making a grant under this Act, to report to the Congress on such demonstration projects, including any recommendations on the establishment of a permanent program. Makes local public libraries which receive such demonstration grants ineligible during the same fiscal year to receive certain other grants for support of library literacy programs. Amends the Domestic Volunteer Service Act of 1973 to require the Director of the ACTION Agency, in making grants under the Retired Senior Volunteer Program, to give priority to programs of national significance, such as intergenerational library literacy programs.

Bill· HRH.R. 950 (101st)referred

National Rural Health Care Act of 1989

United States · United States Congress · 9 February 1989

National Rural Health Care Act of 1989 - Title I: Medicare Provisions - Directs the Prospective Payment Assessment Commission to conduct studies and report to the Congress by January 1, 1991, on: (1) the relationship between costs for rural inpatient hospital services and Medicare (title XVIII of the Social Security Act) payments for such services; and (2) the Medicare program's role in paying for rural inpatient hospital services provided as a charity to persons who are not covered under the Medicare program. Provides funding for the development of medical care access facilities. Defines a "medical care access facility" as a facility which: (1) provides ambulatory, primary, emergency, urgent, and surgical care; (2) provides inpatient care for from one-to-ten inpatient beds for stays not exceeding 48 hours; and (3) is located in a medically underserved area or a county with a population of less than 20,000, or serves a frontier service area. Provides Medicare coverage of facility services. Authorizes such facilities to provide dietician, pharmacist, laboratory technician, medical technologist, and radiological services on a part-time, off-site basis, and remain open for less time than Medicare hospitals. Establishes physician, physician assistant, and nurse practitioner productivity standards to be used in determining Medicare payments for rural health clinic services. Requires rural health clinics to participate in the Medicaid program (title XIX of the Social Security Act) if their State provides Medicaid coverage for clinic services. Directs the Secretary of Health and Human Services to establish a Medicare rural health clinic demonstration program: (1) testing new payment methods; (2) covering early detection procedures, health education, and health risk reduction services; (3) not requiring clinics to have more than 40 percent of clinic time covered by physician assistants and nurse practitioners; and (4) reducing physician, physician assistant, and nurse practitioner productivity standards for low population density areas. Requires the Secretary to instruct Medicare carriers to make payment rates for professional medical services furnished in rural areas under part B (Supplementary Medical Insurance) of the Medicare program reflect the particular costs of furnishing services in rural areas. Authorizes rural skilled nursing facilities to be paid on a prospective basis for all routine services costs of Medicare extended care services provided in a cost reporting period. Authorizes rural home health agencies to be paid on the basis of a prospectively established fee schedule for Medicare home health services provided in a cost reporting period. Requires the Administrator of the Health Care Financing Administration (HCFA) to establish additional research and demonstration projects into how the Medicare and Medicaid programs could better cover care for rural beneficiaries. Provides direct Medicare reimbursement for nurse practitioner and clinical nurse specialist services, whether or not the practitioner or specialist is under the supervision of, or associated with, another health care provider, if such services would otherwise be covered if furnished by a physician or as an incident to a physician's service. Provides payments for nurse practitioner, clinical nurse specialist, and certified nurse midwife services under part B (Supplementary Medical Insurance) of the Medicare program on the basis of a fee schedule to be established by the Secretary. Requires the Administrator of the HCFA to establish a toll-free, telephone hotline for nursing payment inquiries under the Medicare program and, to the extent feasible, under the Medicaid program. Amends part B (Peer Review) of title XI of the Act to require peer review of nursing services. Directs the Secretary to: (1) contract for studies evaluating nursing costs, and gathering and disseminating data on obstacles nurses face in receiving direct reimbursement for their services; and (2) report the results of such studies to the Congress in January of 1992, 1993, and 1994. Title II: Medicaid Provisions - Amends the Medicaid program to extend coverage to all individuals whose income does not exceed the Federal poverty level and whose resources do not exceed twice the resource eligibility limit for Medicaid benefits. Requires that State Medicaid payments for rural medical practices reflect the particular costs of furnishing services in rural areas. Directs the Secretary, jointly with the States, to develop an appropriate system to reduce the payment differential between urban and rural professional health personnel. Permits rural nursing facilities to elect to receive Medicaid payments on the basis of a daily rate schedule to be established by the Secretary. Permits rural home health agencies to elect to receive payments on the basis of a per visit rate to be established by the Secretary. Provides Medicaid coverage of medical care access facility services. Requires such facilities to participate in the program. Requires direct Medicaid reimbursement for certified nurse midwife, certified registered nurse anesthetist, nurse practitioner, and clinical nurse specialist services, whether or not such nurse is under the supervision of, or associated with, another health care provider, if such services would otherwise be covered if furnished by a physician or as an incident to a physician's services. Requires that such payments be equal to payments for such services under the Medicare program and not vary on the basis of the type of nurse involved. Title III: Private Health Insurance Provisions - Amends the Internal Revenue Code to provide a tax deduction for the entire health insurance costs of the self-employed. Makes such deduction permanent. Directs the Secretary to develop and submit to the Congress a proposal for creating a self-financing insurance pool for individuals, small businesses, and farms which have difficulty finding affordable private insurance. Title IV: Health Care System Development Provisions - Amends title VII (Administration) of the Act to place the Office of Rural Health Care in the Office of the Secretary of Health and Human Services. Amends the Public Health Service Act to authorize the Secretary to make grants to States which have submitted fiscal year plans for comprehensive State rural health access planning to assist States in such planning. Authorizes appropriations for such grant program through FY 1992. Requires each State to submit a comprehensive rural emergency medical services plan to the Secretary for each fiscal year, beginning with FY 1990. Authorizes appropriations through FY 1992 for payments to States, which vary among States on the basis of the proportion of the nation's rural population which reside in each State, to cover the costs of planning, implementing, and monitoring the operation of trauma care systems in rural areas. Authorizes the Secretary to make grants to public and nonprofit entities for planning, constructing, equipping, supplying, and operating a rural health clinic and training the personnel at such clinic. Authorizes the Secretary to make grants to solo and small group medical practices which provide primary health services to medically underserved rural populations to assist such practices in purchasing equipment and supplies and training personnel. Sets forth grant conditions, including the requirement that such clinics and practices accept as patients Medicare and Medicaid recipients residing in their service area, and provide 24-hour-a-day emergency medical services. Authorizes appropriations through FY 1992. Authorizes appropriations through FY 1991 for grants to migrant health centers and community health centers. Sets aside five percent of amounts appropriated to the National Center for Health Services Research and Health Care Technology Assessment for research on improving rural health care delivery systems. Directs the Secretary to conduct a study on improvements which can be made in the collection and analysis of data used in designating rural areas as medically underserved areas. Title V: Health Care Personnel Development Provisions - Amends the Public Health Service Act to authorize appropriations through FY 1992 under the National Health Service Corps Scholarship Program and Loan Repayment Program. Requires the Secretary to establish a program of scholarships and loan repayments to assure an adequate supply of trained health care personnel at medical facilities which serve medically underserved populations. Requires that no less than 40 percent of the persons receiving such assistance be targeted for placement with medically underserved rural populations. Authorizes appropriations for such program through FY 1992. Requires that persons receiving Federal financial assistance under the Public Health Service Act to operate health care personnel training programs: (1) take into account the special health care conditions of rural areas; and (2) improve efforts to recruit, as students, individuals who are likely to practice in medically underserved rural areas. Authorizes the Secretary to make grants to public or private nonprofit health or educational entities for training programs to increase the number of health care personnel and multi-competent health care technicians serving medically underserved rural populations. Authorizes appropriations for such grant programs through FY 1992. Requires the Secretary, in entering into contracts with schools of medicine and osteopathy for area health education centers, to give priority to health education projects targeted toward health professions having an inadequate number of practitioners, either by specialty or geographic location. Makes administrative changes affecting area health education centers. Authorizes appropriations for such centers through FY 1992. Authorizes the Secretary to make grants to and enter into contracts with public and nonprofit private entities to cover the costs of providing continuing education for nurses in rural areas through the use of satellite transmissions. Title VI: Mental Health Care Provisions - Amends the Public Health Service Act to require that a State's application for an Alcohol, Drug Abuse, and Mental Health Services Block Grant include an examination of the mental health care needs of rural residents and specify the effort that has and will be made to satisfy such needs. Directs the Secretary to conduct research on improving rural mental health delivery systems. Authorizes appropriations for such research through FY 1992.

Bill· HRH.R. 979 (101st)referred

Comprehensive Lyme Disease Act of 1989

United States · United States Congress · 9 February 1989

Comprehensive Lyme Disease Act of 1989 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to make grants with respect to Lyme disease: (1) through the Director of the National Institutes of Health, for research and treatment; and (2) through the Director of the Centers for Disease Control, for public education. Authorizes appropriations for FY 1990 through 1992.

Bill· HRH.R. 951 (101st)referred

Women in Development Act of 1989

United States · United States Congress · 9 February 1989

Women in Development Act of 1989 - Requires the Administrator of the Agency for International Development (AID) to take specific steps to strengthen the Agency's women in development policy, including: (1) incorporating the active participation of local women and local women's organizations in its development activities; (2) instructing Agency staff and contractors to collect sex-disaggregated data and to insure that country strategies, projects, and programs are designed so that the percentage of women receiving assistance in proportion to the higher of their traditional participation in the targeted activities or their proportion of the population; (3) insuring that project and program evaluations include an assessment of the extent to which the project integrates women in the development process and of the project's impact on women; (4) increasing the number and responsibility of women in professional positions within AID; and (5) establishing within AID a task force on women in development. Amends the Foreign Assistance Act of 1961 to require that a minimum (currently, maximum) of $10,000,000 in funds made available for foreign assistance programs be used for programs to promote the participation and integration of women in the development process in developing countries. Specifies that a certain amount of such funds shall be made available as matching funds to support activities designed to better integrate women into AID programs. Requires the Administrator to report to the Congress annually on the implementation of this Act. Authorizes appropriations to be made available for the United Nations Development Fund for Women and the United Nations International Research and Training Institute for the Advancement of Women.

Bill· HJRESH.J.Res. 142 (101st)open

To designate the period commencing November 12, 1989, and ending November 18, 1989, as "Geography Awareness Week".

United States · United States Congress · 9 February 1989

Designates the week of November 12 through November 18, 1989, as Geography Awareness Week.

Bill· HJRESH.J.Res. 138 (101st)open

Designating the week beginning July 23, 1989, as "Lyme Disease Awareness Week".

United States · United States Congress · 9 February 1989

Designates the week beginning July 23, 1989, as Lyme Disease Awareness Week.

Bill· HJRESH.J.Res. 141 (101st)referred

To designate the week of October 1 through 7, 1989, as "National Health Care Food Service Week".

United States · United States Congress · 9 February 1989

Designates the week of October 1 through October 7, 1989, as National Health Care Food Service Week.

Bill· HRH.R. 882 (101st)open

To amend the Internal Revenue Code of 1986 to increase the amount of the earned income tax credit, to make the credit for dependent care expenses refundable, and for other purposes.

United States · United States Congress · 7 February 1989

Amends Internal Revenue Code provisions governing the earned income tax credit to: (1) increase from $5,714 to $6,810 the amount of earned income subject to the credit; and (2) increase the credit percentage from 14 percent to 21 percent (30 percent for taxpayers with two or more dependent children in the household). Decreases the amount of the credit for taxpayers whose adjusted gross income exceeds $10,740. Indexes all relevant dollar amounts beginning in 1991. Allows advance tax credit payments by employers to employees who provide certification of eligibility. Amends provisions governing the dependent care credit to: (1) make it refundable; (2) increase from $10,000 to $20,000 the threshold adjusted gross income triggering a reduction of the credit amount and decrease from $2,000 to $1,000 the increment applied in such reductions; and (3) disallow the credit with respect to federally-funded employment-related expenses. Disregards certain governmental assistance payments in determinations of: (1) dependency for personal exemption purposes; and (2) eligibility for the earned income credit. Revises the income tax rate schedule to add an explicit 33 percent bracket applicable to taxpayers with high income ($78,350 or more for joint filers). Retains a 28 percent rate with respect to capital gains. Amends title XX (Grants to States for Services) of the Social Security Act to allot to States funds, in increasing amounts, for social services for FY 1991 through 1993 and thereafter. Directs the Secretary of the Treasury to study and report to specified congressional committees on the feasibility of an advance payment system with respect to the dependent care tax credit.

Law· HRH.R. 901 (101st)enacted

Veterans' Benefits Amendments of 1989

United States · United States Congress · 7 February 1989

Veterans' Health-Care Programs Amendments of 1989 - Title I: Personnel Provisions - Directs the Secretary of Veterans Affairs to provide special pay for nurses (as is currently provided to physicians and dentists) in a specified amount (depending on full- or part-time employment) upon the execution of a written agreement to complete a specified period of service with the Veterans Health Services and Research Administration of the Department of Veterans Affairs. Directs the Secretary, in addition to such special pay, to provide incentive special pay to Department nurses for: (1) tenure of service within the Administration of two years or more but less than five years; (2) tenure of service within the Administration of five years or more: (3) service in intensive care units, critical care units, emergency rooms, operating rooms, or in nursing specialties for which recruitment and retention of qualified nurses is difficult; (4) service in a specific geographic location in which it is especially difficult to recruit and retain qualified nurses; and (5) service in a head nurse position. Directs the Secretary to provide such incentive special pay, under the same criteria, for eligible part-time nurses employed in the Administration. Provides that the agreement required for the payment of special pay may only be entered into if the nurse is a registered nurse and an employee of the Administration whose duty assignments involve direct patient care. Provides specified amounts (per annum) of such special incentive pay for qualified nurses within the Administration. Extends premium pay for nurses for work performed during certain hours or for overtime work to licensed practical or vocational nurses and nurse assistants of the Administration. Excludes Administration employees appointed and paid under general Federal provisions governing appointments in the competitive service from any Federal veterans' benefits provisions limiting employment outside of the Department. Includes nurses who are retired military personnel and who are necessary to meet emergency employment needs in the category of Administration personnel who are exempt from reductions in retirement pay under Federal provisions regarding pay administration in the competitive service. Authorizes the Secretary, upon the recommendation of the Chief Medical Director of the Department, to appoint qualified individuals in the competitive civil service to the Administration without regard to Federal provisions regarding examination, certification, and appointment in the competitive service. Requires the Secretary to apply the principles of preference for hiring established under such Federal provisions. Title II: Health Program Amendments - Extends permanently the authority of the Secretary to provide respite care services to eligible veterans. (Currently, such authority expires as of the end of FY 1989.) Extends through FY 1992 the authority for the making of grants to States for the construction of State nursing home facilities. Amends the Veterans' Home Loan Program Improvements and Property Rehabilitation Act of 1987 to convey to employers who employ veterans participating in a compensated work therapy program real property and improvements for not less than 75 percent of the fair market value of such property. Rescinds a Department medical regulation relating to the use of community nursing home facilities. Title III: Health-Care Management - Directs the Secretary, during FY 1990 and 1991, to carry out a pilot program in one medical region of the Administration for an improved management system for amounts payable to the United States from programs administered by the Administration. Requires the Secretary to develop an automated program to carry out billing and collection of fees. Sets forth the requirements of such program and the allocation of amounts received by the Department through such program. Provides that the amounts retained and allocated shall be used for: (1) pay and other personnel benefits to enhance the recruitment and retention of Administration health-care employees; and (2) the supplementing of medical equipment accounts of medical centers at which such accounts are deficient. Authorizes appropriations. Makes military dependents who are eligible for medical care under Federal armed forces provisions eligible for health care under sharing agreements for health-care resources between the Department and the Department of Defense. Requires the Secretary, by October 1, 1989, to compile a list of individuals eligible for medical care under veterans' benefits provisions relating to survivors and dependents of certain veterans. Provides that the Secretary may pay benefits only to persons on such list. Directs the Secretary, no later than October 1, 1989, to establish a procedure for the periodic review of the need for, and the cost-effectiveness of, such medical care. Requires the Inspector General of the Department to report to the Senate and House veterans' committees on the Secretary's compliance with the establishment of such list and the procedures of such review. Directs the Secretary to study alternative methods for providing for the costs of such medical care and to report such study to the Congress. Authorizes appropriations. Prohibits the Department canteen service from contracting for the performance by any individual not employed by the United States of any activity that would otherwise be performed by an individual employed by the United States who is compensated with nonappropriated funds. Declares that the head of such service may not be required to report to any Department official other than the Secretary and the Deputy Secretary.

Bill· HRH.R. 917 (101st)open

Social Security Transitional Benefit Computation Act of 1989

United States · United States Congress · 7 February 1989

Social Security Transitional Benefit Computation Act of 1989 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to alter the formula for computing the primary insurance amount of individuals who attain age 65 in or after 1982 and would otherwise be subject to the benefit computation rules of the Social Security Amendments of 1977. Extends the application of such transitional benefit computation rules to those who become eligible for benefits before 1989. (Currently those who become eligible after 1983 are subject to the benefit computation rules of the Social Security Amendments of 1977.)

Bill· HRH.R. 913 (101st)referred

To grant a Federal charter to The American Education Center-Hall of Fame.

United States · United States Congress · 7 February 1989

Grants a Federal charter to the American Education Center-Hall of Fame, a nonprofit corporation organized under the laws of the State of Missouri.

Bill· HRH.R. 904 (101st)open

Steel Import Stabilization Extension Act

United States · United States Congress · 7 February 1989

Steel Import Stabilization Extension Act - Amends the Steel Import Stabilization Act to extend such Act for a five-year period.

Law· HJRESH.J.Res. 131 (101st)enacted

To designate May 25, 1989, as "National Tap Dance Day".

United States · United States Congress · 7 February 1989

Designates May 25, 1989, as National Tap Dance Day.

Bill· HJRESH.J.Res. 130 (101st)referred

Designating July 27, 1989, as "National Korean War Veterans Recognition Day".

United States · United States Congress · 7 February 1989

Designates July 27, 1989, as National Korean War Veterans Recognition Day and expresses the gratitude of the Congress and the Nation for the contributions made by the Korean War veterans.

Resolution· HCONRESH.Con.Res. 48 (101st)referred

Expressing the sense of the Congress that the United States Government should pursue a negotiated political settlement to the civil war in El Salvador.

United States · United States Congress · 7 February 1989

Expresses the sense of the Congress that the U.S. Government should reassess current policy and pursue a negotiated settlement to the civil war in El Salvador.

Bill· HRH.R. 876 (101st)open

American Heritage Trust Act of 1989

United States · United States Congress · 6 February 1989

American Heritage Trust Act of 1989 - Title I: American Heritage Trust - Establishes the American Heritage Trust, comprised of the Land and Water Conservation Fund and the Historic Preservation Fund, to provide funding for the preservation of America's natural, historical, cultural, and outdoor recreational areas. Title II: Land and Water Conservation Fund - Amends the Land and Water Conservation Fund Act to require the Secretary of the Treasury to invest a portion of the Land and Water Conservation Fund in public debt securities. Requires that the interest from such investments be used for the preservation of the Nation's recreational areas. Requires any excess interest to be credited to the Treasury. Sets forth a formula for the allocation of such interest income to the Federal Government and the States. Sets forth specified requirements with respect to the apportionment of such income to local and State governments, Indian tribes, and Alaska Native Village Corporations. Title III: Historic Preservation Fund - Amends the National Historic Preservation Act to extend the Historic Preservation Fund through 2015. Requires the Secretary of the Treasury to invest a portion of such Fund in public debt securities. Requires that the interest from such investments be used for the preservation of historic sites. Provides for allocation of a percentage of annual appropriations for State historic preservation trust funds. Title IV: Miscellaneous Provisions - Requires the owner of any site that benefits from moneys derived from the American Heritage Trust to install a sign indicating that fact. Requires the Secretary of the Interior, within 18 months after enactment of this Act, to provide for a contest for elementary or secondary school children for the design of a symbol to represent such Trust and for use in such signs.

Bill· HRH.R. 854 (101st)referred

Medicaid Community and Facility Habilitation Services Amendments of 1989

United States · United States Congress · 6 February 1989

Medicaid Community and Facility Habilitation Services Amendments of 1989 - Title I: Community Habilitation and Supportive Services - Amends title XIX (Medicaid) of the Social Security Act to authorize States to cover community habilitation and supportive services for individuals with mental retardation or related conditions without regard to whether or not such individuals have been discharged from a nursing or habilitation facility. Defines community habilitation and supportive services as services which assist individuals in developing and maintaining the skills necessary to function successfully in a home or community-based setting. Requires that community habilitation and supportive services be provided to each client in accordance with an individual service plan prepared and periodically reviewed and revised by an interdisciplinary team on the basis of a comprehensive functional assessment of a client's needs conducted before his or her receipt of services and at least annually thereafter. Requires that such services meet minimum requirements, to be developed by the Secretary of Health and Human Services, regarding client rights and service quality. Makes the requirements imposed on habilitation facilities (under title II of this Act) regarding patient's rights and facility safety and sanitation applicable to residential settings in which community habilitation and supportive services are provided. Requires that residential settings: (1) disclose persons having an ownership or control interest in the setting; and (2) exclude a person from such interest if he or she has been excluded from the Medicaid program or had an interest in a residential setting repeatedly found to have provided substandard care. Requires a habilitation facility which converts to a residential setting to continue to provide continuous active treatment to residents who required such treatment at the time of conversion. Requires a residential setting to document a client's receipt of medical services. Makes the: (1) Secretary responsible for certifying that State providers of community habilitation and supportive services and residential settings in which such services are provided comply with Medicaid requirements; and (2) States responsible for certifying that other providers of and residential settings for such services comply with Medicaid requirements. Requires each State to: (1) conduct periodic educational programs for the staff and clients in residential settings for community habilitation and supportive services regarding requirements imposed on such setting; and (2) provide, through the State agency responsible for the certification of such providers and residential settings, for the receipt, review, and investigation of allegations of client neglect and abuse and of misappropriation of client property by providers. Requires that such providers and settings be certified annually. Bases residential setting certification on an annual, unannounced survey. Directs the Secretary to: (1) develop a protocol for conducting surveys; and (2) conduct sample surveys of residential settings, within two months of State surveys, to test the adequacy of State surveys. Authorizes the Secretary to conduct a special survey of a setting or a review of the provider when there is reason to question its compliance with this Act. Prohibits the use of surveyors who have an interest in the provider or setting being surveyed or have not completed a training and testing program approved by the Secretary. Requires States and the Secretary to investigate complaints against providers or settings concerning violations of this Act's requirements. Requires that: (1) certain information regarding providers and settings and their compliance with this Act's requirements be made available to the public; and (2) the State agency responsible for the protection and advocacy system for the developmentally disabled and the guardians of clients be notified of a provider's or setting's noncompliance with this Act's requirements. Gives State Medicaid fraud and abuse control units access to provider or setting survey and certification information. Requires that when the Secretary or State determines that a provider's or setting's deficiencies immediately jeopardize the client's health and safety, immediate action be taken to remove the jeopardy and correct the deficiencies or the provider's or setting's participation in Medicaid be terminated. Directs the Secretary and States to apply certain other remedies where the health and safety of clients are not immediately jeopardized. Requires the imposition of civil money penalties against providers and settings which are, or are found to have been, out of compliance with any of this Act's requirements. Sets forth the Secretary's responsibilities relating to community habilitation and supportive service requirements. Eliminates the restriction of the Medicaid waiver for community habilitation services to individuals who have been discharged from a skilled nursing or intermediate care facility. Directs the Secretary to report to the Congress annually on the extent to which providers and residential settings are complying with this Act's requirements and the number and type of enforcement actions taken by the Secretary and the States. Title II: Quality Assurance for Habilitation Facility Services - Defines a "habilitation facility" as an institution primarily engaged in providing health or habilitation services to individuals with mental retardation or related conditions and not primarily for the care and treatment of mental diseases. Sets forth requirements for habilitation facilities, including requirements that such facilities: (1) promote maintenance or enhancement of the quality of life, independence, productivity, and integration into the community of each client; (2) provide continuous active treatment which is coordinated and monitored by a qualified mental retardation professional; (3) provide such treatment in accordance with an individual program plan prepared and periodically reviewed and revised by an interdisciplinary team of professionals on the basis of an assessment of a client's developmental and behavioral management needs conducted upon the client's admission and at least annually thereafter; (4) not admit any new client with mental retardation or a related condition on or after January 1, 1991, unless the State mental retardation or developmental disability authority has determined on the basis of an evaluation performed independently of the facility that the individual requires habilitation facility services; (5) provide physician services 24 hours a day, annual physical examinations, licensed nursing services, comprehensive dental diagnostic and treatment services, routine and emergency drugs and biologicals, professional program services to implement each client's active treatment plan, and meal services; (6) require a physician's supervision of each patient's care, have a physician available to furnish emergency medical care, and maintain clinical records on all clients; (7) protect specified client rights, including the right to appeal a transfer or discharge and receive post-discharge preparation and planning services; (8) provide applicants and residents with information regarding the Medicaid program and not require applicants to waive their rights to such benefits or have a third party guarantee payment to the facility as a condition of their admission; (9) protect a client's personal funds upon the client's authorization and teach clients to manage their funds to the extent of their capabilities; (10) adopt certain measures to preserve facility safety and sanitation; and (11) meet such other conditions which the Secretary of Health and Human Services deems necessary for client health and safety. Sets forth the Secretary's responsibilities relating to habilitation facility requirements. Makes the Secretary responsible for certifying that State habilitation facilities comply, and States responsible for certifying that other habilitation facilities comply, with Medicaid habilitation facility requirements. Requires each State to: (1) conduct periodic educational programs for habilitation facility staff and clients regarding the requirements imposed on such facilities; and (2) provide, through the State agency responsible for the certification of habilitation facilities, for the receipt, review, and investigation of allegations of client neglect and abuse and of misappropriation of client property by facility staff. Bases habilitation facility certification on an annual, unannounced survey. Directs the Secretary to: (1) develop and test a protocol for conducting surveys; (2) establish minimum qualifications for surveyors and train them in survey and certification techniques; and (3) conduct sample surveys of habilitation facilities, within two months of State surveys, to test the adequacy of State surveys, and reduce Federal payments for State Medicaid administrative costs if such State surveys prove inadequate. Authorizes the Secretary to conduct a special survey of a facility when there is reason to question its compliance with this Act. Requires States and the Secretary to investigate complaints against a facility and monitor the compliance of a facility with this Act's requirements if the facility was previously found out of compliance or the State or Secretary has reason to question its compliance. Requires that: (1) certain information regarding habilitation facilities and their compliance with this Act's requirements be made available to the public; (2) the State agency responsible for the protection and advocacy system for the developmentally disabled and the guardians of facility clients be notified of a facility's noncompliance with this Act's requirements; and (3) survey results be posted in a place that is readily assessible to clients. Gives State Medicaid fraud and abuse control units access to facility survey and certification information. Requires that when the Secretary or a State determines that a habilitation facility's deficiencies immediately jeopardize residents' health and safety, immediate action be taken to remove the jeopardy and correct the deficiencies or such facility's participation in Medicaid be terminated. Directs the Secretary and States to apply certain other remedies where the health and safety of facility residents are not immediately jeopardized. Authorizes the imposition of civil money penalties against facilities found to be in compliance with this Act's requirements but to have been out of compliance previously. Provides that if a facility is out of compliance with any of this Act's requirements three months after having been found out of compliance with such requirements or on three consecutive annual surveys, Medicaid payments for newly admitted residents shall be denied, civil monetary penalties assessed and collected, and, in the latter case, on-site monitoring of the facility's compliance shall be established. Provides that when a facility is found to have deficiencies relating to the facility's physical plant that do not immediately jeopardize the health or safety of its clients, the State may submit to the Secretary a written plan for permanently reducing the number of certified beds in such facility within 36 months of such finding and providing services, including community habilitation and supportive services, to clients who thereby cease to receive facility services. Requires that Medicaid-eligible clients be given the option of retaining facility services. Requires the Secretary to report to the Congress annually on the extent to which habilitation facilities are complying with this Act's requirements and the number and type of enforcement actions taken by States and the Secretary. Title III: Appropriate Placement for Individuals with Mental Retardation or Related Condition - Requires that State mental retardation or developmental disability authorities conduct preadmission and annual reviews of habilitation facility applicants and residents with mental retardation or related conditions to determine whether they require facility services or community habilitation and supportive services. Directs that such preadmission and annual reviews be conducted in accordance with criteria to be developed by the Secretary by July 1, 1990. Requires States to provide community habilitation and supportive services for facility clients who need such services but no longer need habilitation facility services. Requires States to establish an appeals procedure for individuals adversely affected by such preadmission and annual reviews. Eliminates existing utilization review and penalty provisions directed at the provision of services in an intermediate care facility for the mentally retarded. Title IV: Payment for Community Habilitation Services and Habilitation Facility Services - Covers the reasonable and adequate costs of community habilitation and supportive services and habilitation facility services. Prohibits Medicaid reimbursement of providers or facilities for civil monetary penalties imposed pursuant to this Act. Title V: Employee Protections and Miscellaneous - Provides employment protections for employees affected by habilitation facility closures or capacity reductions occurring after this Act's enactment. Authorizes States to assign specific management functions relating to the provision of Medicaid services to individuals with mental retardation or related conditions to State agencies responsible for developmentally disabled individuals.

Bill· HRH.R. 770 (101st)referred