United States · United States Congress · 13 February 2009
Help Efficient, Accessible, Low Cost, Timely Healthcare (HEALTH) Act of 2009 - Sets conditions for lawsuits arising from health care liability claims regarding health care goods or services or any medical product affecting interstate commerce. Sets a statute of limitations of three years after the date of manifestation of injury or one year after the claimant discovers the injury, with certain exceptions. Provides that nothing in this Act limits recovery of the full amount of available economic damages. Limits noneconomic damages to $250,000. Makes each party liable only for the amount of damages directly proportional to such party's percentage of responsibility. Allows the court to restrict the payment of attorney contingency fees. Limits the fees to a decreasing percentage based on the increasing value of the amount awarded. Allows the introduction of collateral source benefits and the amount paid to secure such benefits as evidence. Prohibits a provider of such benefits from recovering any amount from an award in a health care lawsuit involving injury or wrongful death. Authorizes the award of punitive damages only where: (1) it is proven by clear and convincing evidence that a person acted with malicious intent to injure the claimant or deliberately failed to avoid unnecessary injury the claimant was substantially certain to suffer; and (2) compensatory damages are awarded. Limits punitive damages to the greater of two times the amount of economic damages or $250,000. Denies punitive damages in the case of products approved, cleared, or licensed by the Food and Drug Administration (FDA), or otherwise considered in compliance with FDA standards. Provides for periodic payments of future damages.
United States · United States Congress · 13 February 2009
Notch Fairness Act of 2009 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to revise the formula for the computation of minimum Old Age Insurance benefits for individuals who reached age 65 in or after 1979, and to whom applies the 15-year transition period for the changes in benefit computation rules enacted in the Social Security Amendments of 1977. Sets forth a schedule of additional benefit increases for such beneficiaries (and related beneficiaries), with percentages declining from 55% to 5% and keyed to the year an individual became eligible for such benefits between 1979 and 1988. Allows such beneficiaries, in the alternative, to receive lump sum payments over four years totaling $5,000.
United States · United States Congress · 13 February 2009
Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to provide eligibility for an heir of a deceased homeowner to receive certain housing-related disaster assistance (i.e., financial assistance for the repair or replacement of owner-occupied private residences damaged by a major disaster).
United States · United States Congress · 13 February 2009
Condemns the government of Iran for its state-sponsored persecution of its Baha'i minority and its continued violation of the International Covenants on Human Rights. Calls on the government of Iran to release the seven leaders and all other prisoners held solely on account of their religion, including: Mrs. Fariba Kamalabadi, Mr. Jamaloddin Khanjani, Mr. Afif Naeimi, Mr. Saeid Rezaie, Mr. Behrouz Tavakkoli, Mrs. Mahvash Sabet, Mr. Vahid Tizfahm, Ms. Raha Sabet, Mr. Sasan Taqva, and Ms. Haleh Roohi.
United States · United States Congress · 12 February 2009
Access to America's Orthopaedic Services Act of 2009 - Requires the Secretary of Health and Human Services to establish criteria for accounting and reporting the effort expended by researchers on musculoskeletal research funded with certain grants. Sets forth reporting requirements related to musculoskeletal health, including on: (1) research funded by the National Institutes of Health (NIH); (2) federal programs and activities relating to musculoskeletal trauma care; (3) a standard unit for the measurement of bone mass under the Medicare program; (4) access to orthopaedic services by certain federal health program beneficiaries; and (5) childhood musculoskeletal diseases, conditions, and injuries in the United States. Amends the Public Health Service Act to require the Organ Procurement and Transplantation Network to establish the Transplantation Transmission Sentinel Network to track disease transmission from organ, tissue, or eye transplants. Requires the Secretary to issue regulations relating to the accreditation of: (1) establishments engaged in the manufacture of human cells, tissues, and cellular and tissue-based products; and (2) personnel who participate in related activities. Requires the Secretary to conduct studies related to: (1) a national registry of artificial joint replacements in Medicare beneficiaries; (2) severe trauma to extremities resulting from motor vehicle crashes; (3) workplace-related musculoskeletal injuries and conditions; (4) funding available for graduate medical education in orthopaedics; (5) methods for measuring bone mass in Medicare beneficiaries; and (6) aging in the United States. Requires the Secretary to: (1) conduct a national public awareness program on musculoskeletal health; and (2) award grants for certain health and aging activities for seniors. Provides for musculoskeletal diseases and conditions to be treated as a priority within the Office of Minority Health.
United States · United States Congress · 12 February 2009
Support 21 Act of 2009 - Requires the Secretary of Transportation, acting through the Administrator of the National Highway Traffic Safety Administration, to establish a program under which at least two campaigns in support of enforcement of the minimum legal drinking age will be implemented per year for each of 2010 through 2014 to: (1) educate the public about the public health and safety benefits and basis for age-21 minimum legal drinking age laws; and (2) build public and parental support for, and cooperation with, enforcement of such laws. Authorizes the Administrator of the Substance Abuse and Mental Health Services Administration (Administrator) to make supplemental grants to eligible entities to implement strategies to: (1) work with local pediatric health care providers to increase alcohol education, screening, and intervention provided to patients and persons under age 21; (2) give such providers access to the community sectors involved in collaborating on the implementation of comprehensive, community wide programs, strategies, and services to reduce underage alcohol use and abuse; (3) provide science-based alcohol information and education to caregivers of children and young adults through relevant community sectors; and (4) undertake activities to support the national campaigns. Authorizes the Secretary of Health and Human Services (Secretary), acting through the Administrator, to make grants to professional pediatric medical organizations to increase effective practices to reduce the prevalence of alcohol use among individuals under the age of 21. Requires the Secretary to establish within the Centers for Disease Control and Prevention (CDC) a focus on underage drinking prevention, including activities for: (1) expanding and disseminating research on strategies for reducing underage drinking; and (2) public health and state-level surveillance of underage drinking. Requires the National Academy of Sciences to review and report to Congress on research regarding the influence of drinking alcohol on the development of the adolescent brain and the public policy implications.
United States · United States Congress · 12 February 2009
Fairness for Military Recruiters Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to revise the process for blocking the access of military recruiters or institutions of higher education (IHEs) to secondary school student information. Requires ESEA-assisted local educational agencies (LEAs) to notify each secondary school student's parent of the option to submit a written request to the LEA that the student's name, address, and telephone listing not be released to military recruiters or IHEs without the parent's prior written consent. Prohibits LEAs from providing military recruiters or IHEs access to such information once they have received such a request, unless the student's parent provides written consent to such access. Gives students the rights accorded to their parents when they reach age 18. Requires the Secretary of Defense to notify the Governor of the LEA's state and the Secretary of Education when an LEA denies access to military recruiters. Requires the Secretary of Education, upon receiving such notice, to determine whether: (1) the LEA has failed to comply substantially with the requirement to provide military recruiters with access to students and student information unless the parents have filed a prior consent request under this Act; and (2) the imposition of a penalty or remedy against the LEA is warranted.
United States · United States Congress · 12 February 2009
Human Cloning Prohibition Act of 2009 - Amends the federal criminal code to prohibit any public or private person or entity, in or affecting interstate commerce, from: (1) performing or attempting to perform human cloning; (2) participating in an attempt to perform human cloning; or (3) shipping, receiving, or importing the product of human cloning for any purpose. Sets forth criminal and civil penalties for violations. Provides that nothing in this Act shall restrict areas of scientific research not specifically prohibited by this Act, including research in the use of nuclear transfer or other cloning techniques to produce molecules, DNA, cells other than human embryos, tissues, organs, plants, or animals other than humans.
United States · United States Congress · 12 February 2009
Guantanamo Bay Detention Facility Safe Closure Act of 2009 - Prohibits federal funds from being used to: (1) transfer any enemy combatant detained at the Naval Station Guantanamo Bay, Cuba, to the United States; or (2) coordinate with any other department or agency to transfer any such individual to the United States. Prohibits the Secretary of Defense from: (1) using any facility closed through a base closure process for housing any such individual; or (2) constructing, modifying, or improving any facility in the United States or its territories for housing any such individual.
United States · United States Congress · 11 February 2009
English Language Unity Act of 2009 - Makes English the official language of the United States. Requires, subject to exceptions and rules of construction, that: (1) official functions of the United States 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 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 · 11 February 2009
Physical Therapist Student Loan Repayment Eligibility Act of 2009 - Amends the Public Health Service Act to include physical therapy within the definition of "primary health services" for purposes of provisions concerning 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 · 11 February 2009
Supports: (1) Charter 08 and its ideals; and (2) the Chinese people's efforts to secure liberty, the rule of law, representative government, and the protection of human rights. Notes Chinese Communist Party (CCP) efforts to destroy the Charter 08 movement. Calls upon the CCP to release Liu Xiaobo.
United States · United States Congress · 10 February 2009
Federal Firefighters Fairness Act of 2009 - Provides that: (1) specified diseases, including heart disease, lung disease, tuberculosis, hepatitis, human immunodeficiency virus (HIV), and specified cancers, of federal employees in fire protection activities shall be presumed to be proximately caused by such employment; (2) the disability or death of such an employee due to such a disease shall be presumed to result from personal injury sustained while in the performance of duty; and (3) such presumptions may be rebutted by a preponderance of the evidence. Defines an "employee in fire protection activities" as a firefighter, paramedic, emergency medical technician, rescue worker, ambulance personnel, or hazardous material worker, who: (1) is trained in fire suppression; (2) has the legal authority and responsibility to engage in fire suppression; (3) is engaged in the prevention, control, and extinguishment of fires or response to emergency situations where life, property, or the environment is at risk; and (4) performs such activities as a primary responsibility of his or her job. Directs the National Institute of Occupational Safety and Health (NIOSH) to examine the implementation of this Act and appropriate scientific and medical data related to the health risks associated with firefighting and to report to Congress on: (1) an analysis of the injury claims made under this Act; (2) an analysis of the available research related to the health risks associated with firefighting; and (3) recommendations for any administrative or legislative actions necessary to ensure that those diseases most associated with firefighting are included in the presumption created by this Act.
United States · United States Congress · 10 February 2009
National Trauma Center Stabilization Act of 2009 - Amends the Public Health Service Act to revise provisions governing grants to trauma centers. Directs the Secretary of Health and Human Services to establish four programs to award grants to public or nonprofit trauma centers to: (1) assist in defraying substantial uncompensated care costs; (2) further a center's core mission; (3) provide emergency relief to ensure continued and future availability of trauma service; and (4) support the development and maintenance of innovative information technology systems. Sets forth: (1) minimum qualifications of eligible centers, including requirements for levels of uncompensated care provided; and (2) preferences for awarding grants among level I, II, III, and IV trauma centers and among centers based on the changing availability of or demand for trauma care in the area served and financial need. Requires grantees to submit a long-term plan for providing trauma care. Requires the Secretary to: (1) annually determine and notify centers of their eligibility to receive a grant; and (2) periodically report on the status of such grants, the financial stability of the centers, the populations using the centers, and the effectiveness and efficiency of center activities. Authorizes appropriations for such grants for FY2010-FY2015 and specifies percentages to be reserved for the different types of grants.
United States · United States Congress · 9 February 2009
Physician Workforce Enhancement Act of 2009 - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, to establish a loan program that provides loans to eligible hospitals to establish residency training programs. Requires that such program be an allopathic or osteopathic physician residency training program in family medicine, internal medicine, emergency medicine, obstetrics or gynecology, general surgery, preventive medicine, pediatrics, and behavioral and mental health. Requires the Administrator to give preference to hospitals in a rural area or an urban area that is not a large urban area.
United States · United States Congress · 4 February 2009
Performance Rights Act - Amends federal copyright law to: (1) grant performers of sound recordings equal rights to compensation from terrestrial broadcasters; (2) establish a flat annual fee in lieu of payment of royalties for individual terrestrial broadcast stations with gross revenues of less than $1.25 million and for noncommercial, public broadcast stations; (3) grant an exemption from royalty payments for broadcasts of religious services and for incidental uses of musical sound recordings; and (4) grant terrestrial broadcast stations that make limited feature uses of sound recordings a per program license option. Prohibits taking into account license fees payable for public performance via digital audio transmission of sound recordings in any proceeding to set or adjust the license fees for the purpose of reducing or adversely affecting such license fees. (Current law prohibits taking those fees into account in such a proceeding without referencing the purpose.) Prohibits anything in this Act from adversely affecting the public performance rights or royalties payable to songwriters or copyright owners of musical works. Prohibits taking into account the rates established by the Copyright Royalty Judges in any proceeding to reduce or adversely affect the license fees payable for public performances by terrestrial broadcast stations. Requires that such license fees for the public performance of musical works be independent of license fees paid for the public performance of sound recordings. Revises provisions relating to proceeds from the licensing of transmissions.
United States · United States Congress · 4 February 2009
Right to Life Act - Declares that the right to life guaranteed by the Constitution is vested in each human being beginning at the moment of fertilization, cloning, or other moment at which an individual comes into being. Prohibits construing this Act to authorize the prosecution of any woman for the death of her unborn child.
United States · United States Congress · 4 February 2009
Nuclear Family Priority Act - Amends the Immigration and Nationality Act to replace existing family-sponsored immigrant categories with a single preference allocation for spouses and children of permanent resident aliens. Reduces the number of, and revises the calculation for, fiscal year family-sponsored immigrant entrants.
United States · United States Congress · 4 February 2009
Law Enforcement Protection Act - Amends the federal criminal code to allow an exception to the minimum sentencing requirement for a crime of violence while using, carrying, or possessing a firearm for a law enforcement officer who committed the offense during or in relation to the pursuit of an individual whom the officer reasonably believed committed a crime of violence.
United States · United States Congress · 4 February 2009
Requires the President to designate not less than three closed military installations (or portions of them) that are appropriate for siting a refinery for gasoline or other fuel. Designates the Department of Energy as the lead agency for coordinating applicable federal refinery authorizations and related environmental reviews with respect to a designated refinery. Gives the U.S. Court of Appeals for the District of Columbia exclusive jurisdiction over civil actions relating to federal refinery authorizations.
United States · United States Congress · 4 February 2009
Confers exclusive jurisdiction upon the U.S. District Court for the District of Columbia to hear causes and claims arising from a covered energy project, any action or decision by a federal official regarding: (1) leasing federal lands for the exploration, development, production, processing, or transmission of any source or form of energy; (2) actions and decisions regarding the selection or offering of federal lands for such leasing; or (3) any action under such a lease. Bars any cause or claim not filed within a 60-day period for filing a complaint. Prescribes a 180-day deadline for court resolution of a complaint or cause of action. Declares that such a complaint or cause of action shall take precedence over all other pending matters before the District Court. Restricts to the Supreme Court any judicial review of an interlocutory or final judgment, decree, or order of the district court. Prescribes a 180-day deadline for Supreme Court resolution of such a matter. Declares that all such proceedings shall take precedence over all other matters then before the Supreme Court.
United States · United States Congress · 4 February 2009
Calls on the central authority of Brazil to discharge its duties under the Hague Convention by supporting federal judicial proceedings to obtain the return of Sean Goldman to his father David Goldman for immediate U.S. return. Expresses the sense of the House of Representatives that the United States should: (1) make the determination, through the United States Department of State in its 2009 Hague Convention Compliance Report that Brazil is a "Country Not Compliant with the Convention"; (2) review diplomatic procedures and the operations available to U.S. citizens under the Convention to ensure that effective assistance is provided to Mr. Goldman and other U.S. citizens in obtaining the return of their children from other countries; and (3) take measures to ensure that Convention partners return abducted children to the United States.
United States · United States Congress · 3 February 2009
Military Retirees Health Care Protection Act - Expresses the sense of Congress that: (1) the Department of Defense (DOD) and the nation have a committed health benefits obligation to retired military personnel that exceeds the obligation of corporate employers to civilian employees; and (2) DOD has many additional options to constrain the growth of health care spending in ways that do not disadvantage beneficiaries, and should pursue such options rather than seeking large fee increases for beneficiaries. Prohibits an increase after: (1) April 1, 2006, in a premium, deductible, copayment, or other charge prescribed by the Secretary of Defense for medical and dental health care coverage for military personnel; and (2) September 30, 2009, in the dollar amount of a cost-sharing requirement under the DOD pharmacy benefits program. Prohibits: (1) charges for DOD inpatient care from exceeding $535 per day; and (2) beginning on January 1, 2009, an increase in premiums under TRICARE (a DOD managed health care program) for certain members of the Selected Reserve.
United States · United States Congress · 28 January 2009
Military Surviving Spouses Equity Act - Repeals certain provisions which require the offset of amounts paid in dependency and indemnity compensation from Survivor Benefit Plan (SBP) annuities for the surviving spouses of former military personnel who are entitled to military retired pay or who would be entitled to retired pay except for being under 60 years of age. Prohibits requiring repayment of certain amounts previously paid to SBP recipients in the form of a retired pay refund. Repeals the optional authority of (and instead requires) the Secretary of the military department concerned to pay an annuity to a member's dependent children when there is no eligible surviving spouse. Directs the Secretary concerned to restore annuity eligibility to a surviving spouse who earlier agreed to transfer such eligibility to a surviving child or children of a member.
United States · United States Congress · 28 January 2009
Pancreatic Cancer Research and Education Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services to establish and implement a Pancreatic Cancer Initiative to assist in coordinating activities to address the high mortality rate associated with pancreatic cancer. Requires the Secretary to establish the Interdisciplinary Pancreatic Cancer Coordinating Committee to: (1) provide advice on overall research objectives and benchmarks for pancreatic cancer research; (2) develop and annually update a strategic plan for pancreatic cancer research awareness; and (3) conduct evaluations and make recommendations to the Secretary, the Director of the National Institutes of Health (NIH), and the Director of the National Cancer Institute regarding the prioritization and award of NIH research grants relating to pancreatic cancer. Requires the Secretary to develop a primary care provider education program on pancreatic cancer. Requires the Director of NIH and the Director of the Centers for Disease Control and Prevention (CDC) to develop a communication tool kit for patients and their families that focuses on specific pancreatic cancer issues relating to patient choices and patient care. Allows the Secretary to award grants to research institutions for use in developing innovative compounds or technologies for the prevention, early detection, or treatment of those cancers with five-year survival rates of less than 50%. Requires the Secretary to focus on pancreatic cancer during the initial five fiscal years of awarding such grants. Allows the Secretary to designate two additional Specialized Programs of Research Excellence focusing solely on pancreatic cancer research.
United States · United States Congress · 28 January 2009
Calls upon the Capitol Preservation Commission and the Office of the Architect of the Capitol to place the Lincoln-Obama Bible on permanent display upon the Lincoln table at the Capitol Visitor Center for the benefit of all its visitors to fully understand and appreciate America's history and Godly heritage.
United States · United States Congress · 27 January 2009
Home Front to Heroes Postal Benefits Act - Directs the Secretary of Defense to provide for a program under which postal benefit vouchers are provided during FY2010 for members of the Armed Forces who are serving in overseas operations or who are hospitalized due to a disease or injury incurred as a result of such service. Permits the vouchers to be transferred to another person to allow that person to mail correspondence and small parcels to the member. Limits vouchers to one per month. Allows a voucher earned during FY2010 to be used after the end of that fiscal year. Directs the Secretary to transfer to the Postal Service an amount representing the amount of the vouchers used.
United States · United States Congress · 27 January 2009
Amends the Foreign Assistance Act of 1961 to prohibit the availability of appropriated funds for population activities to any private, nongovernmental, or multilateral organization until it certifies that it will not during the period for which funds are made available: (1) directly or through a subcontractor or subgrantee perform abortions in any foreign country except if the life of the mother would be endangered if the fetus were carried to term or in cases of forcible rape or incest; or (2) violate the laws of a foreign country regarding the circumstances under which abortion is permitted, regulated, or prohibited, or engage in lobbying activities in an effort to alter its laws with respect to abortion (except lobbying in opposition to coercive abortion or involuntary sterilization).
United States · United States Congress · 26 January 2009
United States Civil Rights Trail System Act of 2009 - Directs the Archivist of the United States to conduct a study of the feasibility of establishing the United States Civil Rights Trail System to mark the geographic locations in the United States, including U.S. territories, of historically significant events related to struggles for civil rights based on racial equality. Requires the Secretary of the Interior to establish and maintain individual trails marking the geographic locations of such events. Authorizes the establishment of such a trail in each state where a significant civil rights event occurred.
United States · United States Congress · 26 January 2009
Modernize Our Bookkeeping In the Law for Employee's Cell Phone Act of 2009 - Amends the Internal Revenue Code to remove certain limitations on the tax deduction for employee use of cellular telephones.
United States · United States Congress · 26 January 2009
Supports the goals and ideals of National Campus Safety Awareness Month. Encourages colleges and universities to provide campus safety and other crime awareness and prevention programs to all students throughout the year.
United States · United States Congress · 22 January 2009
Child Interstate Abortion Notification Act - Amends the federal criminal code to prohibit transporting a minor child across a state line to obtain an abortion (deems such transporting to be a de facto abridgment of the right of a parent under any law in the minor’s state of residence that requires parental involvement in the minor’s abortion decision). Makes an exception for an abortion necessary to safe the life of the minor. Makes it an affirmative defense to a prosecution or civil action under this Act that a defendant: (1) reasonably believed that before the minor obtained the abortion, the required parental consent or notification or judicial authorization took place; or (2) was presented with documentation showing that a court waived parental notification requirements or authorized the minor's abortion. Defines "abortion" as the termination of a pregnancy with an intention other than to increase the probability of a live birth, preserve the life or health of the child after live birth, remove a dead unborn child who died as the result of a spontaneous abortion, accidental trauma, or a criminal assault on the pregnant female or her unborn child. Imposes a fine and/or prison term of up to one year on a physician who performs or induces an abortion on an out-of-state minor in violation of parental notification requirements. Requires such physician to give 24-hour actual or constructive notice to a parent of the minor seeking an abortion, subject to certain exceptions.
United States · United States Congress · 22 January 2009
Ultrasound Informed Consent Act - Amends the Public Health Service Act to require abortion providers, before a woman gives informed consent to any part of an abortion, to perform an obstetric ultrasound on the pregnant woman, explain the results, display the ultrasound images so the woman may view them, and provide a medical description of the ultrasound images, including the dimensions of the embryo or fetus and the presence of external members and internal organs, if present and viewable. Provides for: (1) civil penalties for willful failure to comply; and (2) a medical emergency exception. Prohibits construing this Act to require a woman to view the images or penalizing the physician or the woman if she refuses to look at the images.
United States · United States Congress · 21 January 2009
Girl Scouts USA Centennial Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue up to 350,000 $1 coins in commemoration of the centennial of the founding of the Girl Scouts of the USA. Requires the coin design to be emblematic of the 100 years of the organization. Restricts issuance of such coins to calendar year 2011. Subjects coin sales to a surcharge of $10 per coin. Requires payment of such surcharges to the Girl Scouts of the United States of America for Girl Scout program development and delivery.
United States · United States Congress · 21 January 2009
Title X Abortion Provider Prohibition Act - Amends the Public Health Service Act to prohibit the Secretary of Health and Human Service from providing any federal family planning assistance to an entity unless the entity certifies that, during the period of such assistance, the entity will not perform, and will not provide any funds to any other entity that performs, an abortion. Excludes an abortion where: (1) the pregnancy is the result of an act of rape or an act of incest against a minor; or (2) a physician certifies that the woman suffered from a physical disorder, injury, or illness that would place the woman in danger of death unless an abortion is performed, including a condition caused by or arising from the pregnancy. Excludes hospitals from such requirement so long as the hospital does not provide funds to any non-hospital entity that performs an abortion. Requires the Secretary to annually provide Congress: (1) information on grantees who performed abortions under the exceptions; and (2) a list of entities to which grant funds are made available.
United States · United States Congress · 21 January 2009
Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act, as amended by the Medicare Improvements for Patients and Providers Act of 2008, with respect to Medicare quality standards for suppliers of items and services which shall be applied by recognized independent accreditation organizations. Applies to pharmacies and pharmacists the eligible professional exemption from such accreditation requirements, unless such standards are designed specifically for application to pharmacies and pharmacists. Authorizes the Secretary of Health and Human Services to exempt pharmacies and pharmacists from such standards if licensing, accreditation, or other mandatory quality requirements apply to them with respect to the furnishing of items and services.
United States · United States Congress · 15 January 2009
Medicare Home Infusion Therapy Coverage Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of home infusion therapy and home infusion drugs. Directs the Secretary of Health and Human Services to implement the Medicare home infusion therapy benefit in a manner that ensures that: (1) Medicare beneficiaries have timely and appropriate access to infusion therapy in their homes; and (2) there is rapid and seamless coordination between drug coverage under Medicare part D (Voluntary Prescription Drug Benefit Program) and home infusion therapy services coverage under Medicare part B (Supplemental Security Income).
United States · United States Congress · 15 January 2009
Amends the Federal Food, Drug, and Cosmetic Act to prohibit a holder of a new, approved drug application from commencing to manufacture, market, sell, or distribute a generic version of such drug from the time of the receipt of notice from the generic manufacturer that an abbreviated new drug application has been submitted for approval until the expiration or forfeiture of the exclusivity period granted to the generic manufacturer.
United States · United States Congress · 15 January 2009
United Nations Transparency, Accountability, and Reform Act of 2009 - Sets forth U.S. policy with respect to: (1) shifting the funding mechanism for the regular budget of the United Nations from an assessed to a voluntary basis; (2) reform of U.N. peacekeeping operations; and (3) Security Council expansion. Withholds nonvoluntary U.S. contributions to the regular budget of the United Nations: (1) unless the Secretary of State certifies to the appropriate congressional committees that 80% of the the total regular budget of the United Nations is apportioned on a voluntary basis; and (2) to a U.N. human rights treaty monitoring body or committee that was established by a convention or a covenant to which the United States is not party. Establishes the Office of the United States Inspector General for Contributions to the United Nations System. Prohibits the obligation or expenditure of a U.S. contribution to any U.N. entity unless the entity has provided the Inspector General with a transparency certification and is in compliance with such certification. Directs the Secretary to audit and report to the appropriate congressional committees respecting duplicative entities and efforts related to Israeli-Palestinian issues. Withholds funds for such entities until any report recommendations are implemented. Directs the President to use U.S. influence at the United Nations with respect to: (1) publication of all U.N. subsidiary bodies and their functions, budgets, staff, and contributions; (2) employee, agency, and funding financial disclosure; (3) waiver of immunity; (4) adoption of a definition of terrorism and a comprehensive convention on terrorism; (5) anti-Semitism at the United Nations; and (6) Israel's inclusion in the Western European and Others Group. Directs the President to use U.S. influence at the International Atomic Energy Agency (IAEA) to: (1) establish an Office of Compliance in the Secretariat of the IAEA; and (2) prohibit Iran's access to nuclear material, technology, equipment, or assistance until the IAEA determines that Iran is providing full access to IAEA inspectors and has permanently ceased and dismantled all nuclear-enrichment and reprocessing activities. Directs the Secretary to report to the appropriate congressional committees regarding U.N. reforms and personnel. Withholds annual U.S. contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) until certain conditions are certified, and then provides UNRWA with limited contributions. Withholds U.S. contributions to the United Nations Human Rights Council until the Secretary certifies to Congress that the Council does not include a member state: (1) subject to Security Council sanctions; (2) under a Security Council-mandated investigation for human rights abuses; (3) subject, within the prior five years, to a country-specific resolution passed by the former U.N. Human Rights Commission; (4) which the Secretary has determined is a government that has repeatedly provided support for acts of international terrorism; or (5) which the President has designated as a country of particular concern for religious freedom.
United States · United States Congress · 15 January 2009
Recognizes the need to continue diabetes research. Commends hospitals, community clinics, educational institutes, and other organizations that are: (1) working to increase diabetes awareness; and (2) conducting research for methods to help patients and families in the Latino community suffering from diabetes. Congratulates the work of the Latino Diabetes Association. Expresses support for the designation of Latino Diabetes Awareness Month.
United States · United States Congress · 13 January 2009
Chiropractic Health Parity for Military Beneficiaries Act - Directs the Secretary of Defense, no later than August 31, 2009, to complete development of a plan to provide chiropractic health care services and benefits, as a permanent part of the TRICARE program (a Department of Defense managed health care program), for covered beneficiaries. Requires plan implementation by January 31, 2010.
United States · United States Congress · 13 January 2009
Economic Recovery and Middle-Class Tax Relief Act of 2009 - Makes permanent the reductions in the dividend and capital gain tax enacted by the Jobs and Growth Tax Relief Reconciliation Act of 2003. Amends the Internal Revenue Code to: (1) reduce individual and corporate income tax rates; (2) repeal the alternative minimum tax for individual taxpayers; (3) allow inflation adjustments to the basis of capital assets in determining gain or loss; (4) reduce the capital gains tax rate for corporations; (5) repeal limitations on the expensing allowance for depreciable business assets; (6) make permanent the tax credit for increasing research activities; (7) extend the carryback period for net operating losses to seven years; (8) increase the child tax credit; (9) exclude from gross income in 2009 distributions from an individual retirement plan (IRA) and exempt IRAs from mandatory distribution requirements after 2009; and (10) increase the tax deductions for tuition and related expenses and for the interest on qualified education loans. Makes 1% across-the-board rescissions in non-defense discretionary spending for FY2009.
United States · United States Congress · 13 January 2009
Expresses support for: (1) the designation of a National Prader-Willi Syndrome Awareness Month; and (2) increased funding for research into the causes, treatment, and cure for Prader-Willi syndrome.
United States · United States Congress · 9 January 2009
Trail of Tears Documentation Act - Amends the National Trails System Act to add as components of the Trail of Tears National Historic Trail, as generally described in the environmentally preferred alternative of the November 2007 Feasibility Study Amendment and Environmental Assessment for Trail of Tears National Historic Trail, the following routes and land components by which the Cherokee Nation was removed to Oklahoma: (1) the Benge and Bell routes; (2) the land components of the designated water routes in Alabama, Arkansas, Oklahoma, and Tennessee; (3) the routes from the collection forts in Alabama, Georgia, North Carolina, and Tennessee to the emigration depots; and (4) the related campgrounds located along such routes and land components. Prohibits acquisition of lands or interests in lands outside the exterior boundaries of any federally administered area by the federal government for the Trail of Tears National Historic Trail except with the consent of the owner.
United States · United States Congress · 9 January 2009
340B Program Improvement and Integrity Act of 2009 - Amends the Public Health Service Act to expand the drug discount program to allow participation as a covered entity by certain: (1) children's hospitals; (2) critical access hospitals; (3) entities providing maternal and child health services, community mental health services, or treatment services for substance abuse; (4) Medicare-dependent, small rural hospitals; (5) sole community hospitals; and (6) rural referral centers. Prohibits enrolled hospitals from obtaining covered outpatient drugs through a group purchasing arrangement. Requires the Secretary of Health and Human Services to establish reasonable exceptions to such requirements, including for drugs unavailable through the program and to facilitate generic substitution when a generic covered drug is available at a lower price. Expands the program to include a drug used in connection with an inpatient or outpatient service by enrolled hospitals. (Currently, only outpatient drugs are covered under the program.) Requires hospitals enrolled in the 340B drug discount program to provide to each state a credit on the estimated annual costs to such hospital of single source and innovator multiple source drugs and noninnovator multiple source drugs provided to Medicaid recipients for inpatient use. Sets forth a formula for calculating the credit. Allows a hospital to avoid paying such credits under certain circumstances. Requires the Secretary to: (1) carry out activities to improve compliance by manufacturers and covered entities with the requirements of the drug discount program; and (2) establish an administrative process for resolving claims by covered entities and manufacturers of violations of such requirements. Requires manufacturers to offer each covered entity covered drugs for purchase at or below the applicable ceiling price if such a drug is made available to any other purchaser at any price.
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