United States · United States Congress · 5 March 1997
Family Freedom Home Office Deduction Act of 1997 - Amends the Internal Revenue Code to allow the deduction for home office expenses if a portion of a dwelling unit is used as the sole fixed location of business for a taxpayer who has no other fixed location of business, regardless of: (1) the amount of time or type of work performed in such location; or (2) the proportion of the total income from the business attributable to such location.
United States · United States Congress · 4 March 1997
Volunteer Protection Act of 1997 - Provides limited tort claim liability protection for nonprofit or governmental volunteers acting in good faith and within the scope of their duties. Sets forth discretionary State conditions and exceptions to such liability protection. Increases Social Services Block Grant Program allotments under title XX of the Social Security Act to a State that has adopted a similar measure within a specified time and conditions such increase upon an annual certification that the State law remains in effect.
United States · United States Congress · 27 February 1997
Biomaterials Access Assurance Act of 1997 - Provides that, in any civil action, a biomaterials supplier (one who supplies components or raw materials used to manufacture implants) may raise any defense provided under this Act. Exempts a biomaterials supplier from liability for harm to a claimant caused by an implant, with exceptions in the case of a supplier who: (1) is a registered manufacturer of the implant; (2) is a seller of the implant and who held title to the implant at the time of sale (or is related by common ownership or control to such a seller); or (3) furnishes raw materials or components that fail to meet applicable contractual requirements or specifications. States that a supplier may be considered a manufacturer of an implant, for purposes of such civil actions, only if the supplier has registered with the Secretary of Health and Human Services and included the implant on a list of devices filed pursuant to the Federal Food, Drug, and Cosmetic Act. Requires claimant payment of attorney's fees if the court finds the claim to be without merit and frivolous.
United States · United States Congress · 27 February 1997
Child Support Enforcement Act - Prohibits construing this Act to affect: (1) the right of an individual or State to receive child support payments; or (2) the obligation of an individual to pay child support. Amends the Internal Revenue Code to require that taxable child support payments the taxpayer is required to pay and that are unpaid be treated as included in gross income by reason of discharge of indebtedness. Allows a taxpayer entitled to receive such payments a deduction for unpaid payments. Allows the deduction for those who do not itemize deductions. Requires that net revenues received in the Treasury under this Act be applied, as provided in appropriations Acts, solely to the retirement of outstanding public debt.
United States · United States Congress · 27 February 1997
Authorizes the Ralph David Abernathy Memorial Foundation to establish a memorial on Federal land in the District of Columbia to honor Dr. Ralph David Abernathy and the Poor People's Campaign. Exempts the memorial from provisions of the Commemorative Works Act which: (1) prohibit commemorative works honoring a nonmilitary event, individual, or group of individuals from being authorized until after the 25th anniversary of the event or death of the individual(s); and (2) require the offset of Federal funds used to pay maintenance and preservation expenses of the memorial and its infrastructure (but requires excess construction funds received by the Foundation to be deposited in a Treasury account for such expenses).
United States · United States Congress · 26 February 1997
Filipino Veterans Equity Act of 1995 (sic) - Amends Federal veterans' benefits provisions to include certain service in the organized military forces of the Philippines and service as Philippine Scouts within the definition of active U.S. military service for purposes of eligibility for various veterans' benefits for former active-duty military personnel.
United States · United States Congress · 25 February 1997
Patent Term Restoration Act of 1997 - Amends provisions of the Uruguay Round Agreements Act that revise Federal patent law to provide that a patent term shall be the later of 17 years from the date the patent is granted or 20 years from the date the application was filed in the United States. Provides that if the application contains a reference to the earlier application, the term shall be 20 years from the date the earliest application was filed. Requires the term of a patent that is in force or results from an application filed within six months after the Uruguay Round Agreements Act enactment date to be the term provided in this Act. Revises Federal patent law requirements for confidentiality of patent applications to set out: (1) the special circumstances under which such applications can be made public; or (2) in the case of a patent application for an invention for which the applicant intends to file or has filed for a patent in a foreign country, the limited data which the Commissioner of Patents may disclose. Authorizes an applicant to petition the Commissioner of the Patent and Trademark Office to review a determination to publish a patent application. Prohibits the Commissioner from publishing an application prior to the completion of the review.
United States · United States Congress · 25 February 1997
Access to Emergency Medical Services Act of 1997 - Amends the Internal Revenue Code, the Employee Retirement Income Security Act of 1974, and the Public Health Service Act to require any group health plan which provides emergency health services to cover emergency services furnished to a plan participant: (1) without need for any prior authorization; (2) subject to stated exceptions, whether or not the physician or provider is plan participant; and (3) subject to stated exceptions, without regard to any other term or condition of the plan. Defines "emergency medical services" and related terms. Amends titles XVIII (Medicare) and XIX (Medicaid) to provide for the provision of the same benefits to Medicare and Medicaid plan participants. Provides for the establishment of guidelines by the appropriate Secretaries in order carry out the provisions of this Act. Directs the Secretaries to jointly establish an advisory panel to assist in the development of such guidelines.
United States · United States Congress · 13 February 1997
Fairness in Musical Licensing Act of 1997 - Revises Federal copyright law to provide that communication by electronic device of a transmission embodying a performance or display of a nondramatic musical work by the reception of a broadcast, cable, satellite, or other transmission shall not be a copyright infringement unless: (1) an admission fee is charged to see or hear the transmission at a particular time or on a particular date or dates; or (2) the transmission is not properly licensed. Applies the infringement exemption for the performance of a nondramatic musical work at an annual agricultural or horticultural fair or exhibition to such performance at agricultural or horticultural fairs, exhibitions, conventions, meetings, and events. Excludes as a copyright infringement the performance of a nondramatic musical work: (1) by a commercial establishment at no charge when a purpose of the performance is to promote audio, video, or other devices utilized in such performance; and (2) at an organized children's camp if the children in attendance sing, dance, or participate in all or a portion of such work, or when the performance is of an instructional nature. (Sec. 3) Specifies that if a general music user and a performing rights society are unable to agree on the appropriate fee to be paid for the user's past or future performance of musical works in the society's repertoire, the user shall be entitled to binding arbitration of such disagreement pursuant to the rules of the American Arbitration Association in lieu of any other dispute-resolution mechanism established by any judgment or decree governing the operation of such society. Requires the arbitrator to determine a fair and reasonable fee for the user's past and future performance of works in such society's repertoire and to impose a penalty for infringement if the user's past performance infringed the copyright of such works. Makes an arbitrator's determination binding on both parties. Sets forth provisions regarding civil actions for infringement that may be submitted to arbitration if the license fee for a performance is contested. (Sec. 4) Requires a performing rights society, at the request of any radio broadcaster, to offer the broadcaster a per programming period license to perform nondramatic musical works in its repertoire. Directs that such license be offered on terms and conditions that provide an economically and administratively viable alternative to the society's blanket license for all such broadcasters. Sets forth provisions regarding prices of such licenses. Authorizes radio broadcasters entitled to a per programming period license to bring actions to require compliance with such requirements. (Sec. 5) Directs each performing rights society to make available free online computer access to copyright and licensing information for each work in its repertoire as well as a semiannual printed directory of each title in its repertoire. Requires such society, upon request, to provide to any person who may perform musical works in its repertoire copies of documentation establishing the society's right to license the public performance of such works. Bars a society from instituting or being a party to any action alleging infringement in, or charging a fee under any per programming period license for, any work in the repertoire that is not identified or documented as described above, with exceptions. (Sec. 6) Requires the Attorney General to report annually to the Congress on the activities of the Department of Justice relating to the continuing supervision and enforcement of specified consent decrees of the American Society of Composers, Authors, and Publishers and Broadcast Music, Inc. (Sec. 7) Sets forth conditions under which landlords, organizers of conventions, or others making space available to another party are exempt from liability under any theory of vicarious or contributory infringement with respect to an infringing public performance of a copyrighted work by a tenant, lessee, or other user of such space.
United States · United States Congress · 12 February 1997
Security and Freedom Through Encryption (SAFE) Act - Amends the Federal criminal code to permit any person within any State, and any U.S. person in a foreign country, to use any encryption regardless of the encryption algorithm selected, encryption key length chosen, or implementation technique or medium used, with an exception for the unlawful use of encryption in furtherance of a criminal act. Allows any person within any State to sell in interstate commerce any encryption. Specifies that no person in lawful possession of a key to encrypted information may be required by Federal or State law to relinquish to another person control of that key, with an exception for access for law enforcement purposes. Sets penalties for the willful use of encryption in furtherance of the commission of a criminal offense. (Sec. 3) Amends the Export Administration Act of 1979 to grant the Secretary of Commerce exclusive authority to control exports of all hardware, software, and technology for information security (including encryption), except that which is specifically designed or modified for military use. Prohibits requiring any validated license (with limited exceptions pursuant to the Trading With The Enemy Act or the International Emergency Economic Powers Act) for the export or reexport of any: (1) software, including software with encryption capabilities that is generally available as is and that is designed for installation by the purchaser, or that is in the public domain for which copyright or other protection is not available or is available to the public because it is generally accessible to the public in any form; or (2) computing device solely because it incorporates or employs in any form software (including software with encryption capabilities) exempted from any requirement for a validated license under this section. Directs the Secretary to authorize the export or reexport of: (1) software with encryption capabilities for nonmilitary end-uses in any country to which exports of software of similar capability are permitted for use by financial institutions not controlled in fact by U.S. persons, unless there is substantial evidence that such software will be diverted to a military end-use or an end-use supporting international terrorism, modified for military or authorization that may be required under the Act; and (2) computer hardware with encryption capabilities if the Secretary determines that a product offering comparable security is commercially available outside the United States from a foreign supplier without effective restrictions.
United States · United States Congress · 12 February 1997
Freedom From Government Competition Act of 1997 - Requires Federal agencies to obtain all goods and services necessary for or beneficial to the accomplishment of their authorized functions by procurement from private sources, unless except as specified. (Sec. 4) Directs the Director of the Office of Management and Budget (OMB) to establish a Center for Commercial Activities and Privatization within OMB to: (1) be responsible for the implementation of and compliance with the policies, standards, and procedures that are set forth in this Act or are prescribed to carry out this Act; and (2) provide agencies and private sector entities with guidance, information, and other assistance appropriate for facilitating conversions to use of private sector entities for providing goods and services on behalf of the Federal Government. (Sec. 5) Amends Federal law to require that each agency shall include in its annual performance plan the identity of each program activity that is: (1) performed for the agency by a private sector entity in accordance with this Act; and (2) not subject to this Act by reason of an exception, together with a discussion specifying why the activity is determined to be covered by the exception. Revises requirements regarding program performance reports to require each agency, in its annual program performance report, in the case of an activity not performed by a private sector entity, to: (1) explain and describe whether an activity not performed by a private sector entity could be performed by a private sector entity in accordance with this Act; and (2) if the activity could be performed by a private sector entity, set forth a schedule for converting to performance of the activity by a private sector entity.
United States · United States Congress · 12 February 1997
Migratory Bird Treaty Reform Act of 1997 - Amends the Migratory Bird Treaty Act (the Act) to prohibit persons from taking migratory game birds: (1) with a trap, snare, net, rifle, pistol, swivel gun, shotgun larger than ten gauge, punt gun, battery gun, machine gun, fish hook, poison, drug, explosive, or stupefying substance or with a shotgun of any description capable of holding more than three shells; (2) from or by means, aid, or use of a sinkbox or any other type of low floating device having a depression affording a hunter a means of concealment beneath the surface of the water; (3) from or by means, aid or use of any motor vehicle, motor-driven land conveyance, or aircraft of any kind, except that paraplegics and persons missing one or both legs may take from any stationary motor vehicle or stationary motor-driven land conveyance; (4) from or by means of any motorboat or other craft having a motor attached, or any sailboat, unless the motor has been completely shut off and or the sails furled, and its progress therefrom has ceased (allows a powered craft to be used to retrieve dead or crippled birds, except that crippled birds may not be shot from such craft except in the seaduck area, as provided by regulations issued by the Secretary of the Interior); (5) by means or aid of any motor-driven land, water, or air conveyance or any sailboat used for the purpose of, or resulting in, the concentrating, driving, rallying, or stirring up of any migratory bird; (6) by the use or aid of live birds as decoys, including on areas where tame or captive live ducks or geese are present, unless such birds are and have been for a period of ten consecutive days before such taking, confined within an enclosure which substantially reduces the audibility of their calls and totally conceals such birds from the sight of wild migratory waterfowl; (7) by the use or aid of recorded or electrically amplified bird calls or sounds or of imitations thereof; or (8) while possessing shot (either in shotshells or loose shot for muzzle-loading) other than steel shot, bismuth-tin shot, or such other shot as may be approved as nontoxic by the Secretary (applicable to the taking of Anatidae (ducks, geese, including brant, and swans), coots (Fulica americana) and any species that make up aggregate bag limits during concurrent seasons with the former in areas designated as nontoxic shot zones by the Secretary). Prohibits persons from taking migratory birds by the aid of baiting, or on or over any baited area, where they know or should have known through the exercise of reasonable diligence that bait was present. (Sec. 4) Requires all fines and penalties assessed and recovered under this Act to be deposited into the migratory bird conservation fund. (Sec. 5) Amends penalty provisions of such Act to provide that in lieu of seizing any personal property used in violating such Act (except for restricted machine guns and shotguns), the Secretary shall permit the owner or operator of such property to post bond or other surety pending the disposition of any proceeding under the Act.
United States · United States Congress · 11 February 1997
TABLE OF CONTENTS: Title I: Commemorative Coins Title II: Circulating Coins Thomas Alva Edison Sesquicentennial Commemorative Coin Act - Title I: Commemorative Coins - Directs the Secretary of the Treasury to mint one-dollar silver coins emblematic of the inventions of Thomas Alva Edison in commemoration of the sesquicentennial of his birth. Directs the Secretary to conduct an open design competition for the design of the obverse and reverse of the coins. Terminates the authority to mint such coins after December 31, 1997. Requires that certain surcharges received from coin sales be distributed to specified entities. Title II: Circulating Coins - Amends Federal law to declare that half-dollar coins minted between specified dates shall have the same design as the commemorative coins minted under this Act.
United States · United States Congress · 11 February 1997
Amends the Federal Property and Administrative Services Act of 1949 to add providers of assistance to families or individuals with annual incomes below the poverty line to the list of organizations eligible to receive surplus personal property allocated by the Administrator of the General Services Administration.
United States · United States Congress · 11 February 1997
Amends the Internal Revenue Code to increase the unified credit against the estate tax and the gift tax. Requires an estate tax return in cases where the gross estate exceeds $1.2 million (currently $600,000). Revises the formula for the phaseout of graduated rates and the unified credit.
United States · United States Congress · 11 February 1997
Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to limit the late enrollment penalty to a ten percent increase in the monthly part B premium due over a period equal to twice the number of years that the part B beneficiary could have been but was not enrolled under part B.
United States · United States Congress · 11 February 1997
Expresses the sense of the House of Representatives that studies are needed to further determine the benefits of screening women between the ages of 40 and 49 for breast cancer through mammograms and other emerging technologies and that the House urges the Advisory Panel for the National Cancer Institute to: (1) consider reissuing a specified guideline rescinded in 1993; or (2) direct the public to consider guidelines issued by other organizations until there is more definitive data.
United States · United States Congress · 6 February 1997
Medigap Amendments of 1997 - Amends title XVIII (Medicare) of the Social Security Act with respect to certification of Medicare supplemental health insurance (Medigap) policies, particularly coverage for pre-existing conditions, providing for additional consumer protections for certain individuals whose enrollment with an eligible organization ceases for one or more specified reasons. Prohibits a Medigap policy issuer from denying or conditioning a policy to such an individual, from imposing preexisting condition exclusions, and from discriminating in pricing because of the individual's health, claims experience, or disability in the case of such an individual who has had continuous coverage (with no break longer than 63 days), if the policy in which the individual wishes to enroll has a comparable or less generous benefits package. Revises the prohibition against an insurer's excluding benefits based on a pre-existing condition during the initial six-month enrollment period after an individual first becomes eligible for Medicare. Extends the six-month initial enrollment period to non-elderly Medicare beneficiaries. Authorizes the Secretary of Health and Human Services to provide grants to private, independent, nonprofit consumer organizations and State agencies applying to conduct programs to prepare and make available to Medicare beneficiaries comprehensive and understandable information on enrollment in health plans with a Medicare managed care contract and in Medigap policies in which they are eligible to enroll. Requires any eligible organization with a Medicare managed care contract or any issuer of a Medigap policy to: (1) conduct a consumer satisfaction survey of the enrollees under such contract or such policy; and (2) make the survey results available to the Secretary and the State Insurance Commissioner of the State in which the enrollees are so enrolled. Requires each organization which provides a Medicare managed care contract or issues a Medigap policy to pay to the Secretary its pro rata share of the estimated costs to be incurred by the Secretary in providing the grants. Makes necessary appropriations.
United States · United States Congress · 5 February 1997
Patient Right to Know Act - Prohibits any contract or agreement, or the operation of any contract or agreement, between an entity operating a health plan (including any partnership, association, or other organization that enters into or administers such a contract or agreement) and a health care provider (or group of health care providers) from prohibiting or restricting the provider from engaging in medical communications with his or her patient. Requires that each State shall enforce this Act with respect to health insurance issuers that sell, renew, or offer health plans in the State. Provides for enforcement of this Act by the Secretary of Health and Human Services if the Secretary, after consultation with the chief executive officer of a State and the insurance commissioner or chief insurance regulatory official of the State, determines that the State has failed to substantially enforce the requirements. Mandates a civil money penalty. Allows State requirements equal to or more protective of medical communications than the requirements of this Act. Defines "medical communication" as a communication between a provider and a patient (or the patient's guardian or legal representative) regarding the patient's health status, medical care, or treatment options.
United States · United States Congress · 5 February 1997
Amends the Public Buildings Act of 1959 to require that any contract entered into by the Administrator of General Services under the Act to purchase, lease-purchase, or lease a public building approved by the Congress shall be treated in the same manner as if the contract were entered into immediately before FY 1991 for purposes of calculating public building transactions.
United States · United States Congress · 5 February 1997
Mammogram Availability Act of 1997 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to require a group health plan, and a health insurance issuer offering group coverage, that provides coverage for diagnostic mammographies for any woman 40 years old or older to provide coverage for annual screening mammographies for such a woman. Prohibits related enrollment and renewal discrimination, monetary incentives to women, and penalties or incentives to providers. Amends the Public Health Service Act to apply those requirements and prohibitions to coverage offered by an issuer in the individual market. Amends title XVIII (Medicare) of the Social Security Act to allow payment for annual screening mammographies for women over 39 (currently, over 49 but under 65) years old. Removes provisions empowering the Secretary of Health and Human Services to revise the screening frequency for which payment may be made. Amends title XIX (Medicaid) of the Social Security Act to require payment for annual screening mammographies for women over 39 years old.
United States · United States Congress · 5 February 1997
Women's Health and Cancer Rights Act of 1997 - Amends the Employee Retirement Income Security Act of 1974 and the Public Health Service Act to require certain group health plans, and health insurance issuers providing coverage under a group plan, to ensure specified minimum coverage regarding: (1) breast cancer mastectomies, lumpectomies, and lymph node dissections; (2) post-mastectomy breast reconstruction on both breasts; and (3) secondary consultations by specialists. Prohibits: (1) changing coverage terms and conditions based on a participant's or beneficiary's decision to request less than the minimum coverage; and (2) certain penalties or incentives to providers or specialists. Amends: (1) the Public Health Service Act to apply the same requirements to health insurance issuers in the individual market; and (2) the Internal Revenue Code to apply those requirements to group health plans.
United States · United States Congress · 5 February 1997
Directs the Secretary of the Army to close the military education and training facility known as the United States Army School of the Americas at Fort Benning, Georgia. Repeals current statutory authority for the School.
United States · United States Congress · 5 February 1997
Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to restore the link ended by the Senior Citizens' Freedom to Work Act of 1995 between the rules relating to substantial gainful activity for blind individuals and the rules relating to excess earnings under the social security earnings test for individuals who have attained retirement age (thus allowing blind individuals, once again, to earn up to the social security excess earnings threshold without being regarded as having demonstrated an ability to engage in substantial gainful activity and without losing entitlement to OASDI benefits).
United States · United States Congress · 4 February 1997
Education Affordability Act of 1997 - Amends the Internal Revenue Code to: (1) exclude qualified scholarships and fellowships from income; (2) allow the deduction of interest on qualified educational loans; and (3) permit distributions from individual retirement accounts to be used for qualified educational expenses.
United States · United States Congress · 4 February 1997
Medicare Hospice Benefit Amendments of 1997 - Amends title XVIII (Medicare) of the Social Security Act with respect to hospice care to: (1) restructure the hospice care benefit period; (2) cover any other item or service which is specified in the plan and for which payment may otherwise be made under Medicare; (3) permit contracting with independent physicians or physician groups for hospice care services; (4) allow waiver of certain staffing requirements for hospice care programs in non-urbanized areas; (5) define coverage denial, with respect to the limitation on the liability of beneficiaries and providers, to mean a determination that an individual is not terminally ill; and (6) extend the period for physician certification of an individual's terminal illness.
United States · United States Congress · 4 February 1997
Amends title XVIII (Medicare) of the Social Security Act to revise the formulae for payments to health maintenance organizations and competitive medical plans. Provides for a metropolitan based system under which: (1) all portions of each metropolitan statistical area in a State are treated as a single Medicare payment area; and (2) all areas in that State that do not fall within a metropolitan statistical area are treated as a single Medicare payment area. Requires the Secretary of Health and Human Services to determine the annual per capita rate of payment for each Medicare payment area by adjusting the adjusted capitation rate for: (1) individuals (not, as currently, a class of individuals) who are enrolled with an eligible organization which has entered into a risk-sharing contract and who are enrolled under Medicare part B (Supplementary Medical Insurance) only; and (2) such risk factors as age, disability status, gender, institutional status, and other appropriate factors so as to ensure actuarial equivalence. Requires the Secretary to establish a separate rate of payment to an eligible organization with respect to any individual determined to have end-stage renal disease and enrolled with the organization. Prescribes a general formula for the adjusted capitation rate of a Medicare payment area based on an area-specific adjusted capitation rate and an input-price-adjusted national adjusted capitation rate. Specifies area-specific and national percentages for contract years 1998 through 2001 and after. Requires the Secretary, upon written request of the Chief Executive Officer of a State for a contract year, to adjust the system under which Medicare payment areas in the State are otherwise determined to a system which: (1) has a single Statewide Medicare payment area; (2) is a metropolitan based system; or (3) consolidates into a single Medicare payment area noncontiguous counties (or equivalent areas) within the State.
United States · United States Congress · 4 February 1997
Expresses the sense of the Congress that cost-of-living adjustments for Federal retirees should be paid beginning in January of each year, as current law prescribes, and should not be delayed, whether as part of a budget agreement or otherwise.
United States · United States Congress · 21 January 1997
Medicare Provider-Sponsored Organization Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to give Medicare beneficiaries the option of receiving Medicare coverage through enrollment with provider-sponsored organizations (PSOs) organized and licensed under State law, and certified as meeting certain Federal standards. Requires a PSO to: (1) deliver a spectrum of health care services (including basic hospital and physicians services) to enrolled purchasers; and (2) provide a substantial proportion of the health care items and services under its Medicare contract through the provider or affiliated group of providers composing the organization. (Sec. 2) Provides for direct Federal Medicare certification as a qualified PSO through calendar 2001. Authorizes State licensure of PSOs after January 1, 2002, only if: (1) State financial solvency and capital adequacy standards are identical with Federal standards; and (2) State licensure standards are substantially equivalent to Federal standards. Allows a PSO seeking to operate under a full-risk contract or a partial risk contract to apply to the Secretary of Health and Human Services for waiver of State licensure if: (1) the State has failed to act on the PSO's State application within a certain period of time; or (2) the State has denied the PSO's application, but the State's licensing standards or review process impose unreasonable barriers to market entry. Declares that a fiscally sound PSO meets Medicare financial solvency requirements. Prescribes general requirements for a PSO's ongoing quality assurance program (including case-by-case utilization review). Treats such requirements as met if the PSO is accredited by a private organization under a process approved by the Secretary. Sets forth physician-participation procedure requirements and other special rules. Directs the Secretary to issue regulations regarding qualified PSO standards, which shall preempt State law. (Sec. 3) Authorizes the Secretary to pay all Medicare health plans on a partial risk basis. (Sec. 4) Treats Medicare-eligible organizations, including PSOs, as meeting the "50-50" enrollment composition rule (which requires that a health plan's Medicare and Medicaid enrollees cannot exceed 50 percent of its total enrollment) if they demonstrate: (1) their capability of providing coordinated care in accordance with the quality assurance standards established by this Act; and (2) their experience providing coordinated care to enrollees of a health plan or State Medicaid plan. (Sec. 5) Provides that a health maintenance organization under Medicaid includes a public or private organization which may be a PSO. (Sec. 6) Directs the Secretary to provide for demonstration projects in at least ten States that permit Medicaid programs to be treated as Medicare-eligible organizations for individuals eligible to enroll with a Medicare organization and also eligible for Medicaid, for the purpose of demonstrating the delivery of primary, acute, and long-term care through an integrated delivery network that emphasizes noninstitutional care. (Sec. 7) Prescribes rules on coverage of emergency services by all Medicare plans. (Sec. 8) Limits State law restrictions on managed care arrangements; but exempts from such restrictions any law that has the effect of preventing involuntary denial of life-saving medical treatment when such denial would cause the patient's involuntary death pending transfer to a health care provider willing to provide such treatment. (Sec. 9) Requires the Department of Justice and the Federal Trade Commission to provide jointly for the development and publication of explicit, binding guidelines on the application of antitrust laws to PSO activities, addressing PSO formation, development, and operation issues of PSOs and facilitating their development and operation.
United States · United States Congress · 9 January 1997
Amends the Federal Property and Administrative Services Act of 1949 to authorize the transfer to State and local governments of surplus real and related personal property needed for use by the transferee or grantee for a law enforcement or public safety purpose. Applies the law to prior transfers and conveyances.
United States · United States Congress · 9 January 1997
Medicare Mammography Enhancement Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act relating to the authorized provision of annual screening mammographies for women to: (1) prohibit payment for any screening mammography performed for a woman over 49 years of age (currently, women over 49 but under 65) within 11 months after the previous mammography was performed; (2) repeal the disallowance of payment for screening mammography performed for women over 64 within 23 months after the last mammography was performed; and (3) waive any required deductible or coinsurance payments with respect to such mammographies.
United States · United States Congress · 9 January 1997
Marine Resources Revitalization Act of 1997 - Amends the National Sea Grant College Program Act to add or modify various definitions. Modifies the duties of the Program's Director. Sets forth the duties of sea grant institutions (defined as sea grant colleges, sea grant regional consortia, and certain types of entities conducting a sea grant program with amounts under the Act), including merit-reviewing grant and contract applications. Repeals provisions relating to the sea grant international program. Revises requirements for designating sea grant colleges and consortia. Repeals provisions mandating postdoctoral fellowships. Authorizes appropriations for grants, contracts, and fellowships. Removes the separate authorization of appropriations for administration, limiting administration expenditures to a percentage of funds appropriated for grants, contracts, and fellowships. Repeals provisions authorizing appropriations for priority oyster disease research. Modifies the maximum pay for the Program's Director and for voting members of the sea grant review panel.
United States · United States Congress · 9 January 1997
TABLE OF CONTENTS: Title I: Independent Commission on Medicare Title II: Controlling Outlays Under Medicare Program Commission to Save Medicare Act of 1997 - Title I: Independent Commission on Medicare - Establishes the Independent Commission on Medicare to: (1) report to the Congress and the President during December of each year on projected outlays and benefits of the Medicare program under title XVIII of the Social Security Act; and (2) report to the Congress during July of each year specific recommendations on certain changes to ensure that total program outlays for the fiscal year involved do not exceed the limit specified under title II of this Act. Prohibits such recommendations from including changes relating to the payment of payroll taxes for financing the program. Sets forth procedures for expedited congressional consideration of recommendations. Title II: Controlling Outlays Under Medicare Program - Requires Congress, by April 15 of each year, to establish, in the concurrent resolution on the budget for the following fiscal year, a limit on total Medicare program outlays for the fiscal year involved. Provides for the enforcement of such limits through sequestration of outlays under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
United States · United States Congress · 7 January 1997
Genetic Information Nondiscrimination in Health Insurance Act of 1997 - Amends the Employee Retirement Income Security Act of 1974 to prohibit a group health plan or a health insurance issuer offering group coverage from discriminating on the basis: (1) of genetic information; or (2) that the participant or beneficiary has requested or received genetic services. Regulates genetic information collection and disclosure by plans and issuers. Provides for compensatory, consequential, and punitive damages. Amends the Public Health Service Act to prohibit a group health plan, a health insurance issuer offering group coverage, or a health issuer in the individual market from so discriminating. Regulates genetic information collection and disclosure by plans and issuers. Provides for compensatory, consequential, and punitive damages. Amends title XVIII (Medicare) of the Social Security Act to prohibit an issuer of a Medicare supplemental policy from so discriminating. Provides for compensatory, consequential, and punitive damages. Amends the Internal Revenue Code to prohibit a group health plan or a health insurance issuer offering group coverage from so discriminating. Regulates genetic information collection and disclosure by plans and issuers.
United States · United States Congress · 7 January 1997
Reconstructive Breast Surgery Benefits Act of 1997 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to require group health plans and insurers offering group health coverage, if they cover a mastectomy, to also cover reconstructive breast surgery resulting from the mastectomy, including surgery on a nondiseased breast to establish symmetry. Prohibits related: (1) denial of coverage or monetary incentives to women; and (2) penalties or incentives to providers. Amends the Public Health Service Act to apply the above requirements to individual health insurance coverage.
United States · United States Congress · 7 January 1997
Aircraft Repair Station Safety Act of 1997 - Terminates the effectiveness of certain November 22, 1988, amendments to the foreign repair station rules of the Federal Aviation Administration (FAA). Declares that certain standards issued by the FAA for domestic repair stations shall apply in the same manner to foreign repair stations. Amends Federal aviation safety law to require the FAA Administrator to issue an order revoking a repair station certificate if the Administrator finds that the station knowingly used an uncertified or substandard airframe, engine, propeller, appliance, or any other part in the repair or overhaul of an aircraft.
United States · United States Congress · 7 January 1997
Authorizes the President to present, on behalf of the Congress, a congressional gold medal to Francis Albert "Frank" Sinatra. Authorizes appropriations. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates.
United States · United States Congress · 7 January 1997
Persian Gulf Syndrome Health Benefits Extension Act of 1997 - Authorizes the Secretary of Veterans Affairs to extend priority health care to veterans exposed to a toxic substance or environmental hazard while serving in Israel or Turkey during the Persian Gulf War.
United States · United States Congress · 7 January 1997
Uniformed Services Medicare Subvention Demonstration Project Act - Directs the Secretaries of Defense and Health and Human Services (HHS) to jointly establish a demonstration project to provide the Department of Defense (DOD) with reimbursement, under provisions of title XVIII (Medicare) of the Social Security Act, for health services provided to Medicare-eligible covered military beneficiaries who participate in the project and receive such services through the managed care option of the TRICARE program (a DOD managed health care program). Requires the project to be conducted during the three-year period beginning on January 1, 1998, in no more than five geographic regions designated by the Secretaries. Makes project enrollment voluntary. Requires the Secretary of Defense to waive the TRICARE enrollment fee for project participants for whom Medicare reimbursement may be made. Requires inclusion in the project of a provision for expansion to incorporate health care services provided to such beneficiaries under the fee-for-services options of the TRICARE program if the Secretaries determine that such expansion is feasible and advisable. Directs the HHS Secretary to make monthly payments to DOD from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund representing appropriate reimbursement amounts. Provides for the determination of such amounts. Directs the Secretary of Defense to: (1) maintain the DOD health care efforts for Medicare-eligible covered military beneficiaries; (2) estimate the amount expended by DOD for FY 1997 for providing health care items and services to such beneficiaries; and (3) establish monthly targets for the number of such beneficiaries enrolled in the project necessary to meet DOD maintenance of health care efforts for such individuals. Limits to $65 million the annual payments to DOD for the project. Requires the Comptroller General, for each project year, to submit to the Secretaries and the Congress a report on the extent to which costs under the TRICARE program and the Medicare program have increased as a result of the project. Directs the Secretaries to modify the project at the end of each year to correct for any discrepancy between cost targets and actual spending under the project. Directs the Secretaries to submit to the Congress an interim and final report on various project aspects.
United States · United States Congress · 7 January 1997
Law Enforcement Officers' Bill of Rights Act of 1997 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to provide that, except when on duty or acting in an official capacity, no law enforcement officer (officer) shall be prohibited from engaging in political activity or be denied the right to refrain from engaging in such activity. Sets forth minimum standards that apply when an officer is under investigation that could lead to disciplinary action, including, with respect to: (1) rights of officers while under investigation, the right to be notified of the investigation prior to being interviewed and, at the conclusion of the investigation, to be informed in writing of the investigative findings and any recommendation for disciplinary action; (2) rights of officers prior to and during questioning, that the questioning be conducted at a reasonable hour at the offices of the persons conducting the investigation or at the place where the officer reports for duty (unless the officer consents in writing to being questioned elsewhere), that the officer be informed of the questioner's identity, that all questions be asked by or through a single investigator, that the officer be informed in writing of the nature of the investigation prior to any questioning, that the questioning be for a reasonable time period, that no threats or promises be made in connection with an investigation to induce the answering of any question, that all questioning be recorded in full (and a copy of the transcript made available to the officer), and that the officer be entitled to counsel (or another person of the officer's choice) at any questioning (unless the officer consents in writing to being questioned outside the presence of counsel); and (3) the conduct of a disciplinary hearing, notice of opportunity for a hearing, requirement of determination of a violation, time limits, notice of filing of charges, representation, provision of a hearing board and procedure, access to evidence, identification of witnesses, a copy of the investigative file, examination of physical evidence, summonses, closed hearings, recordation, sequestration of witnesses, testimony under oath, verdicts on each charge, the burden of persuasion, findings of not guilty or guilty, and appeals. Allows an officer to waive any of the rights guaranteed by this Act subsequent to the time that the officer has been notified that he or she is under investigation. Specifies that such a waiver shall be in writing and signed by the officer. Sets forth provisions regarding: (1) summary punishment and emergency suspension; (2) retaliation for exercising rights; (3) other remedies; (4) declaratory or injunctive relief; (5) prohibition of adverse material in the officer's file (unless the officer has an opportunity to review and comment in writing on such material); (6) disclosure of personal assets; (7) States' rights; and (8) mutually agreed upon collective bargaining agreements.
United States · United States Congress · 7 January 1997
Religious Communication Sanctity Act of 1997 - Amends the Federal criminal code to impose penalties upon persons who, under color of governmental authority, surreptitiously listen to or record any communication that is privileged because of its religious character. Authorizes any person aggrieved by a violation consisting of the recording of a communication to obtain, in a civil action, the prompt destruction of that recording and any copies or transcripts made from such recording.
United States · United States Congress · 7 January 1997
Amends title XI of the Social Security Act (SSA) to repeal the criminal penalty added by the Health Insurance Portability and Accountability Act of 1996 for the fraudulent disposition of assets in order to obtain Medicaid benefits under SSA title XIX.
United States · United States Congress · 7 January 1997
Hearing Care for Federal Employees Act - Authorizes the Office of Personnel Management to contract with carriers that provide health services performed by clinical audiologists.
![Official portrait of Rep. Walsh, James T. [R-NY-25]](https://www.congress.gov/img/member/w000099_200.jpg)