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Official portrait of Sen. Byrd, Robert C. [D-WV]

Sen. Byrd, Robert C. [D-WV]

United States · Official source

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3,342 records where Sen. Byrd, Robert C. [D-WV] is listed as a sponsor, author, or other actor. Search with topics and years

Bill· SS. 528 (106th)open

Unfair Foreign Competition Act of 1999

United States · United States Congress · 3 March 1999

Unfair Foreign Competition Act of 1999 - Amends the Clayton Act to revise provisions regarding the import or sale of articles from foreign countries at less than market value or wholesale price to prohibit a person from importing into, or selling within, the United States an article from a foreign country if: (1) the article is imported or sold within the United States at a U.S. price that is less (removes substantially requirement) than the foreign market value or constructed value of such article; and (2) the importation or sale causes or threatens to cause (no intent requirement) material injury to industry (including labor), or prevents, in whole or in part, the modernization of any U.S. industry. Sets forth similar provisions with respect to the importation or sale in the United States of subsidized articles from a foreign country. Authorizes a person whose business or property is injured by reason of the importation or sale of an article in violation of this Act to bring a civil action in the U.S. District Court for the District of Columbia or in the Court of International Trade against any person who: (1) manufactures or exports the article; or (2) imports such article into the United States if such person is related to the manufacturer or exporter of the article. Requires the court, upon an affirmative determination with respect to the civil action, to issue a certain order and direct the Customs Service to assess an antidumping duty on the article, and require the deposit of estimated antidumping duties pending liquidation of entries of the article. Sets forth a four-year statute of limitation within which an action must be filed. Amends Federal law to authorize an interested party whose business or property is injured by fraud, gross negligence, or negligence with respect to the importation of foreign merchandise to bring a civil action in the U.S. District Court for the District of Columbia or in the Court of International Trade, without respect to the amount in controversy. Grants an interested party equitable and injunctive relief, plus court costs and attorney's fees upon proof that such party's business or property has been injured by such fraud or negligence. Amends the Tariff Act of 1930 to direct duties assessed pursuant to a countervailing duty order, an antidumping duty order, or a finding under the Antidumping Act of 1921 to be distributed (continued dumping and subsidy offset) annually to workers for damages sustained for loss of wages resulting from the lost of jobs, and to the affected domestic producers for qualifying expenditures. Directs the Commissioner of the Customs Service to prescribe procedures for the distribution of the continued dumping or subsidies offset. Directs the International Trade Commission (ITC) to forward to the Commissioner with respect to an antidumping or countervailing duty order or finding a list of petitioners and persons with respect to each order and finding (including a list of persons that indicate support of the petition by affected workers for worker trade adjustment assistance). Directs the Commissioner to distribute on a pro rata basis all funds (including all interest earned on the funds) from assessed duties received in the preceding fiscal year to workers and to the affected domestic producers. Establishes in the Treasury a special account consisting of funds from assessed antidumping duty and countervailing duty orders and findings.

Bill· SS. 514 (106th)referred

A bill to improve the National Writing Project.

United States · United States Congress · 3 March 1999

Amends the Elementary and Secondary Education Act of 1965 to reauthorize and revise provisions for the National Writing Project (NWP). Increases the maximum amount for any one contractor under limits on the Federal share of NWP teacher training programs. Repeals the classroom teacher grants program under NWP. Increases and extends through FY 2004 the authorization of appropriations for NWP.

Bill· SS. 512 (106th)referred

Advancement in Pediatric Autism Research Act

United States · United States Congress · 2 March 1999

Advancement in Pediatric Autism Research Act - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to expand, intensify, and coordinate the activities of NIH with respect to autism. Requires the Director, among other things, to make awards of grants and contracts to public or nonprofit entities for centers of excellence regarding research on autism. Authorizes appropriations. Directs the Secretary of Health and Human Services (HHS), acting through the Director of the Centers for Disease Control and Prevention, to: (1) make awards of grants and cooperative agreements for the collection, analysis, and reporting of data on autism and pervasive developmental disabilities to public or nonprofit private entities; (2) establish up to five regional centers of excellence in autism and pervasive developmental disabilities epidemiology, through grants or cooperative agreements, for purposes of collecting and analyzing information on autism and developmental disabilities; (3) establish a clearinghouse within the Center for the collection and storage of data generated from the monitoring programs created by this Act; and (4) coordinate the Federal response to requests for assistance from State health department officials regarding potential or alleged autism or developmental disability clusters. Authorizes appropriations. Requires the Secretary to establish a program to provide information and education on autism to health professionals and the general public. Authorizes appropriations. Directs the Secretary to establish an Autism Coordinating Committee to coordinate HHS efforts concerning autism.

Bill· SS. 472 (106th)referred

Medicare Rehabilitation Benefit Improvement Act of 1999

United States · United States Congress · 25 February 1999

Medicare Rehabilitation Benefit Improvement Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act to provide certain Medicare beneficiaries with an exemption to the financial limitations imposed on physical, speech-language pathology, and occupational therapy services under Medicare part B (Supplementary Medical Insurance). Directs the Secretary of Health and Human Services to conduct a study of the specified effects of this Act for a report to Congress.

Bill· SS. 395 (106th)open

Stop Illegal Steel Trade Act of 1999

United States · United States Congress · 9 February 1999

Stop Illegal Steel Trade Act of 1999 - Directs the President to impose quotas, tariff surcharges, or negotiate enforceable voluntary export restraint agreements in order to ensure that the volume of imported steel products (semifinished, plates, sheets and strips, wire rods, wire and wire products, rail type products, bars, structural shapes and units, pipes and tubes, iron ore, and coke products) during any month does not exceed the average volume of imported steel for the 36-month period preceding July 1997. Directs the Secretaries of the Treasury and of Commerce to implement a program for administering and enforcing the restraints on such imports. Authorizes the Customs Service to refuse entry into the U.S. customs territory for a three year period of any steel products that exceed the allowable levels of such products.

Bill· SS. 387 (106th)referred

A bill to amend the Internal Revenue Code of 1986 to provide an exclusion from gross income for distributions from qualified State tuition programs which are used to pay education expenses.

United States · United States Congress · 8 February 1999

Amends the Internal Revenue Code to revise provisions concerning distributions from State tuition programs to provide for the exclusion from gross income of distributions used for the payment of qualified higher education expenses.

Resolution· SCONRESS.Con.Res. 7 (106th)passed

A concurrent resolution honoring the life and legacy of King Hussein ibn Talal al-Hashem.

United States · United States Congress · 8 February 1999

Expresses: (1) condolences to the family of King Hussein and to all the people of Jordan; (2) admiration for King Hussein's enlightened leadership and gratitude for his support for peace throughout the Middle East; and (3) support and best wishes for the new government of Jordan under King Abdullah. Reaffirms the U.S. commitment to strengthening the vital relationship between our two governments and peoples.

Bill· SS. 331 (106th)passed

Work Incentives Improvement Act of 1999

United States · United States Congress · 28 January 1999

TABLE OF CONTENTS: Title I: Expanded Availability of Health Care Services Title II: Ticket to Work and Self-Sufficiency and Related Provisions Subtitle A: Ticket to Work and Self-Sufficiency Subtitle B: Elimination of Work Disincentives Subtitle C: Work Incentives Planning, Assistance, and Outreach Title III: Demonstration Projects and Studies Title IV: Technical Amendments Work Incentives Improvement Act of 1999 - Title I: Expanded Availability of Health Care Services - Amends title XIX (Medicaid) of the Social Security Act (SSA) to provide for expanding State options under Medicaid for workers with disabilities, namely by creating State options to eliminate income, assets, and resource limitations for workers with disabilities who buy into Medicaid and to expand opportunities for such workers to make such a buy. Provides that Federal funds paid to a State for medical assistance provided to certain working disabled individuals must be used to supplement but not supplant the level of State funds expended as of FY 1999 for programs to enable working disabled individuals to work. (Sec. 102) Provides for certain continuation of Medicare coverage for working individuals with disabilities. (Sec. 103) Directs the Secretary of Health and Human Services to: (1) award grants to eligible States to support establishment of State infrastructures to support the working disabled as well as to enable State outreach campaigns on infrastructure existence; and (2) submit a recommendation to specified congressional committees on whether such grant program should be continued after FY 2010. Authorizes appropriations. (Sec. 104) Authorizes State demonstration projects for certain Medicaid coverage of up to a specified maximum number of workers with a potentially severe disability, coverage equal to that afforded under the State option provided for above for eliminating income, assets, and resource limitations for disabled workers buying into Medicaid. Authorizes appropriations. Title II: Ticket to Work and Self-Sufficiency and Related Provisions - Subtitle A: Ticket to Work and Self-Sufficiency - Amends part A (General Provisions) of SSA title XI to direct the Commissioner to establish a Ticket to Work and Self-Sufficiency Program (TWSSP) under which a disabled beneficiary may use a TWSSP ticket issued by the Commissioner under a described system, designed to ensure quality assurance, to obtain employment, vocational rehabilitation services, or other support services, pursuant to an appropriate individual beneficiary work plan that meets specified requirements, at the Commission's expense, from a participating employment network, public or private, which: (1) meets specified qualifications and is under an agreement with the Commissioner who must select a program manager to assist in administering TWSSP; (2) is chosen by the beneficiary, and (3) is willing to accept assignment of the beneficiary's TWSSP ticket. Allows State agencies administering or supervising the administration of the State plan under title I of the Rehabilitation Act of 1973 to elect to participate as an employment network. Sets forth special requirements applicable to cross-referral to certain State agencies and requirements relating to provision of services. Describes employment network payment systems. Provides that during any period for which an individual is using a TWSSP ticket, the Commissioner and any applicable State agency may not initiate a continuing disability or similar review with regards to whether the individual is or is not disabled. Requires payments to employment networks to be made out of the social security trust funds in the case of ticketed SSA title II (Old Age, Survivors and Disability Insurance) (OASDI) disability beneficiaries who return to work, or from the appropriation made available for making Supplemental Security Income (SSI) payments under SSA title XVI, in the case of SSI disability beneficiaries who return to work. Provides for allocation of other costs. (Sec. 202) Establishes within the Social Security Administration the Work Incentives Advisory Panel to advise the Commissioner with respect to TWSSP, and other Federal officials on related issues. Provides that the costs for carrying out this paragraph shall be paid from amounts available for the administration of SSA titles II and XVI, and shall be allocated among those amounts as appropriate. Subtitle B: Elimination of Work Disincentives - Amends SSA title II to set forth a number of measures designed to eliminate work disincentives, namely prohibiting work activity as a basis for review of an individual's disability status and providing for expedited eligibility determinations for applications for disability benefits of former certain long-term disability beneficiaries that engaged in substantial gainful activity during a certain extended period following the end of a rehabilitation services trial work period. Subtitle C: Work Incentives Planning, Assistance, and Outreach - Amends SSA title XI part A (General Provisions) to direct the Commissioner to establish a community-based work incentives outreach program for disabled beneficiaries that includes the provision of technical assistance to organizations and entities that are designed to encourage disabled beneficiaries to return to work. Provides that the costs of carrying out this subtitle shall be paid from amounts made available for administration of SSA titles II and XVI, and shall be allocated among such amounts as appropriate. (Sec. 222) Amends SSA title XI to authorize the Commissioner to make certain minimum payments in each State to the protection and advocacy system established under the Developmental Disabilities Assistance and Bill of Rights Act for the purpose of providing services to disabled beneficiaries, services which may include advocacy or other services that such a beneficiary may need to secure or regain gainful employment. Provides for funding similar to that in he paragraph above. Title III: Demonstration Projects and Studies - Amends the Social Security Disability Amendments of 1980 to provide for an extension of disability insurance program demonstration project authority to include any group of applicants for benefits under such program with impairments that may reasonably be presumed to be disabling for purposes of such demonstration project. (Sec. 302) Directs the Commissioner to conduct certain demonstration projects designed to provide for specified reductions in disability insurance benefits based on earnings. Requires expenditures for such demonstration projects to come out of the social security and Medicare trust funds to the extent provided in advance in appropriation acts. (Sec. 303) Expresses the sense of the Congress that the Commissioner of Social Security and the Secretary of Health and Human Services should establish additional demonstration projects to assist individuals with disabilities to engage in work. (Sec. 304) Directs the Comptroller General to conduct and report to the Congress on various described studies concerning existing disability-related employment incentives and coordination of the OASDI disability insurance program and the SSI program as they relate to individuals entering or leaving concurrent entitlement under such programs, as well as on a study concerning the impact of the substantial gainful activity limit on return to work. Title IV: Technical Amendments - Amends the Contract with America Advancement Act of 1996 with respect to: (1) final adjudication of denied claims by drug addicts and alcoholics for SSA title II disability benefits; and (2) the effective dates of certain requirements concerning representative payees and treatment referrals for such individuals. (Sec. 402) Amends SSA title II to: (1) provide for payments to State and local prisons for monthly reports on the identities of inmates whose OASDI benefits are determined by the Commissioner not to be payable as a result of such reports; (2) provide for a 50 percent reduction in such payments under SSA titles II and XVI in cases involving a comparable payment under the other title with respect to the same prisoner; (3) exempt from the Privacy Act of 1974 any agreements with State and local prisons to supply such information; (4) transfer from the OASDI trust funds any sums necessary to enable the Commissioner to make such payments; (5) eliminate the requirement that confinement stem only from a crime punishable by imprisonment for more than one year (thus denying OASDI benefits to individuals confined for any criminal offense); and (6) provide for continued denial of benefits to sex offenders remaining confined to public institutions upon completion of prison term. (Sec. 403) Provides for a two-year open season for members of the clergy who wish to revoke their exemption from social security coverage. (Sec. 404) Amends SSA title XI to make a miscellaneous technical amendment relating to cooperative research or development projects under SSA titles II and XVI. (Sec. 405) Amends SSA title XI to make miscellaneous technical amendments to provisions concerning the requirements of State income and eligibility verification systems, among other changes allowing a State to permit certain employers that make returns with respect to domestic service employment taxes on a calendar year basis to instead make such reports on an annual basis.

Bill· SS. 261 (106th)referred

Trade Fairness Act of 1999

United States · United States Congress · 20 January 1999

Trade Fairness Act of 1999 - Amends the Trade Act of 1974 to repeal the requirement that the cause of serious injury (or threat) be substantial to the domestic industry producing an article like or directly competitive with an article that is being imported into the United States in such increased quantities with respect to the President taking action to facilitate efforts by such industry to make a positive adjustment to the import competition. Revises certain factors the International Trade Commission must consider when investigating to determine whether an article is being imported into the United States in such increased quantities as to be a substantial cause of serious injury (or threat) to the domestic industry producing an article like or directly competitive with the imported article. Repeals, similarly, the requirement that such injury be substantial. Declares that imports shall be considered to be a "cause of serious injury, or threat thereof," if a causal link is established between imports and injury to the domestic industry. Directs the Secretary of Commerce to establish and implement a steel import permit and monitoring program. Requires: (1) a person to have a steel import permit before he or she can import certain steel products into the United States; and (2) the Secretary to issue such permit to any person who files an application that meets specified requirements. Requires the Secretary to compile and publish certain information with respect to such imported steel.

Bill· SS. 61 (106th)open

Continued Dumping and Subsidy Offset Act of 1999

United States · United States Congress · 19 January 1999

Continued Dumping and Subsidy Offset Act of 1999 - Amends the Tariff Act of 1930 to declare that any duties assessed pursuant to a countervailing duty order, an antidumping duty order, or a finding under the Antidumping Act of 1921 shall be distributed on an annual basis as continued dumping or subsidy offsets to the affected domestic producers for qualifying expenditures. Limits qualifying expenditures to expenditures incurred since the issuance of the antidumping duty finding or order or countervailing duty order in any or all of the categories of plant, equipment, research and development (R&D), personnel training, acquisition of technology, employer-paid employee health care and pension benefits, environmental equipment, training or technology, acquisition of raw materials and other inputs, and borrowed working capital or other funds needed to maintain production. Directs the Commissioner of the U.S. Customs Service to prescribe offset disbursement procedures. Sets forth general procedures for notification of eligible parties. Requires the Commissioner to establish a special account in the Treasury to receive all antidumping or countervailing duties, including interest, for distribution according to this Act, within 14 days after an antidumping or countervailing duty order takes effect.

Bill· SS. 6 (106th)open

Patients' Bill of Rights Act of 1999

United States · United States Congress · 19 January 1999

TABLE OF CONTENTS: Title I: Health Insurance Bill of Rights Subtitle A: Access to Care Subtitle B: Quality Assurance Subtitle C: Patient Information Subtitle D: Grievance and Appeals Procedures Subtitle E: Protecting the Doctor-Patient Relationship Subtitle F: Promoting Good Medical Practice Subtitle G: Definitions Title II: Application of Patient Protection Standards to Group Health Plans and Health Insurance Coverage Under Public Health Service Act Title III: Amendments to the Employee Retirement Income Security Act of 1974 Title IV: Application to Group Health Plans Under the Internal Revenue Code of 1986 Title V: Effective Dates; Coordination in Implementation Patients' Bill of Rights Act of 1999 - Title I: Health Insurance Bill of Rights - Subtitle A: Access to Care - Requires any group health plan, or health insurance coverage offered by a health insurance issuer, providing emergency services benefits to cover emergency services furnished: (1) without the need for any prior authorization determination; (2) whether or not the health care provider furnishing such services is a participating health care provider; and (3) without regard to any other term or condition of such coverage (other than exclusion or coordination of benefits, or an affiliation or waiting period, permitted under the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), or the Internal Revenue Code, and other than applicable cost-sharing). Requires such coverage in a manner so that, if the emergency services are provided by a nonparticipating health care provider the participant, beneficiary, or enrollee is not liable for amounts exceeding the liability that would be incurred if the services were provided by a participating provider with prior authorization. Prescribes the same coverage for maintenance care or post-stabilization care (subject to certain guidelines) by nonparticipating health care providers. (Sec. 102) Requires a plan or coverage that provides benefits only through participating providers to offer a participant the option to purchase point-of-service coverage for benefits provided by a nonparticipating provider, unless the plan offers the participant a choice of health insurance coverage and one or more coverage options that do not provide benefits only through participating providers. (Sec. 103) Requires any plan and any health insurance issuer to permit each participant, beneficiary, and enrollee to receive: (1) primary care from any participating primary care provider available to accept such individual; and (2) (unless the plan or issuer clearly declares choice limitations) medically necessary or appropriate specialty care, pursuant to appropriate referral procedures, from any qualified participating provider available to accept such individual for such care. (Sec. 104) Requires any plan or issuer that requires or provides for designation of a participating primary care provider to permit a female participant, beneficiary, or enrollee to designate a participating physician who specializes in obstetrics and gynecology as the individual's primary care provider. Prohibits the plan or issuer, in the absence of such a designation, from requiring authorization or a referral by the individual's primary care provider or otherwise for coverage of routine gynecological care (such as preventive women's health examinations) and pregnancy-related services provided by a participating specialist in obstetrics and gynecology to the extent such care is otherwise covered. Permits a plan or issuer to treat the ordering of other gynecological care by such a participating health professional as the primary care provider's authorization of such care. Requires the plan or issuer to refer to an available and accessible specialist any participant, beneficiary, or enrollee with a condition or disease of sufficient seriousness and complexity to require treatment by a specialist, and benefits for such treatment are covered. Requires a plan or issuer to refer an individual to a nonparticipating specialist: (1) only if a participating specialist is not available and accessible; and (2) only at no additional cost to the individual. Requires a plan or issuer to have a procedure by which an individual with an ongoing special condition (life-threatening, degenerative, or disabling) may be referred to a specialist who shall be responsible for and capable of providing and coordinating the individual's primary and specialty care, without referral from the individual's primary care provider. Requires standing referrals to a specialist for any condition requiring ongoing specialist care. (Sec. 105) Prescribes requirements for continuity of care for participants, beneficiaries, or enrollees in the event of a termination of a health care provider or of the contract between a plan and an issuer. (Sec. 106) Prescribes requirements for participation in approved clinical trials of individuals with life-threatening or serious illnesses for which no standard treatment is effective. Prohibits denial of participation in such trials, or discrimination against participants. Limits plan or issuer payments to routine patient costs. (Sec. 107) Requires any plan or issuer that provides prescription drug benefits limited to drugs included in a formulary to: (1) ensure participation of participating physicians and pharmacists in the development of the formulary; (2) disclose to providers, and upon request to participants, beneficiaries, and enrollees, the nature of the formulary restrictions; and (3) consistent with the standards for a utilization review program, provide for exceptions from the formulary limitation when a non-formulary alternative is medically indicated. Prohibits a plan or issuer from denying coverage of such a drug or device on the basis that the use is investigational, if certain labeling requirements are met. (Sec. 108) Requires each plan and issuer to have (in relation to the coverage) a sufficient number, distribution, and variety of qualified participating providers to ensure that all covered health care services, including specialty services, will be available and accessible in a timely manner to all participants, beneficiaries, and enrollees. Permits inclusion among such providers of federally qualified health centers, rural health clinics, migrant health centers, and other essential community providers located in the service area. Requires inclusion of such providers if necessary to meet such number, distribution, and variety requirements. (Sec. 109) Prescribes nondiscrimination requirements. Subtitle B: Quality Assurance - Directs each plan and issuer to establish an ongoing, internal quality assurance and continuous quality improvement program meeting specified requirements. (Sec. 112) Requires each plan and issuer to: (1) collect uniform quality data, including a minimum uniform data set specified by the Secretary of Health and Human Services; (2) have a written process for the selection of participating health care professionals, including minimum professional requirements; and (3) establish and maintain, as part of any internal quality assurance and continuous quality improvement program including prescription drug benefits, a drug utilization program which encourages appropriate drug use and takes appropriate action to reduce the incidence of improper drug use and adverse drug reactions and interactions. (Sec. 115) Requires each plan and issuer to conduct (or arrange for qualified outside agents to conduct) benefit utilization review activities only in accordance with a utilization review program that meets certain requirements. Prohibits a program from permitting or providing contingent compensation arrangements with its employees, agents, or contractors in a manner that: (1) provides incentives, direct or indirect, for such persons to make inappropriate review decisions; or (2) is based, directly or indirectly, on the quantity or type of adverse determinations rendered. Requires a utilization review program to make determinations and notifications concerning: (1) prior authorization services within three business days after receiving any necessary information; (2) authorization for continued or extended health care services within one business day after receipt of such information; and (3) retrospective review of services previously provided, within 30 days of such receipt. (Sec. 116) Directs the President to establish an advisory board to provide information to Congress and the administration on issues relating to quality monitoring and improvement in the health care provided under group health plans and health insurance coverage. Subtitle C: Patient Information - Specifies benefits, access, emergency coverage, prior authorization, grievance and appeals, and other pertinent information which plans and issuers shall provide to participants and beneficiaries at the time of initial coverage, annually, within a reasonable period before or after the date of significant changes, and upon request. (Sec. 122) Requires plans and issuers to establish procedures to: (1) safeguard the privacy of any individually identifiable enrollee information; (2) maintain records and information in an accurate and timely manner; and (3) assure individuals timely access to such records and information. (Sec. 123) Provides for grants to States for creation and operation of a Health Insurance Ombudsman. Requires any State receiving such a grant to contract for such an Ombudsman with a not-for-profit organization that operates independent of group health plans and health insurance issuers. Requires the Secretary to provide through such a contract for an Ombudsman in any State that does not provide for one. Makes such an Ombudsman responsible to: (1) assist consumers in choosing among health insurance coverage or among coverage options offered within group health plans; and (2) provide counseling and assistance to enrollees dissatisfied with their treatment by issuers and plans, and with respect to grievances and appeals of coverage or plan determinations. Subtitle D: Grievances and Appeals Procedures - Requires each plan and issuer to establish a system for the presentation and resolution of oral and written grievances brought by participants, beneficiaries, or enrollees, or health care providers or other individuals acting on behalf of an individual and with the individual's consent. Requires the system to include grievances regarding access to and availability of services, quality of care, choice and accessibility of providers, network adequacy, and compliance with the requirements of this title. (Sec. 132) Requires each plan and issuer to establish an internal appeals process, and provide for an external appeals process, which meet certain requirements. Specifies the appeal rights of participants, beneficiaries, and their representatives, as well as the kinds of decisions which are appealable. Subtitle E: Protecting the Doctor-Patient Relationship - Prohibits any contract or agreement between a plan or issuer and a health care provider from: (1) prohibiting or restricting the provider from engaging in medical communications with the provider's patient; or (2) containing any provision purporting to transfer to the health care provider by indemnification or otherwise any liability relating to activities, actions, or omissions of the plan, issuer, or agent (as opposed to the provider). Declares null and void any such contract or agreement provisions. (Sec. 142) Prohibits any plan or issuer from operating any physician incentive plan that does not meet certain requirements under title XVIII (Medicare) of the Social Security Act. (Sec. 143) Requires any plan or issuer to establish reasonable procedures relating to the participation of health care professionals, including notice of participation rules, written notice of adverse participation decisions, and a process for appealing adverse decisions. (Sec. 144) Prohibits a plan or an issuer from retaliating against a participant, beneficiary, enrollee, or health care provider based on use of, or participation in, a utilization review or a grievance process. Prohibits a plan or an issuer from retaliating or discriminating against a protected health care professional because the professional in good faith: (1) discloses information relating to the care, services, or conditions affecting one or more participants, beneficiaries, or enrollees to an appropriate public regulatory agency, private accreditation body, or management personnel of the plan or issuer; or (2) initiates, cooperates, or otherwise participates in an investigation or proceeding by such an agency with respect to such care, services, or conditions. Defines good faith action. Subtitle F: Promoting Good Medical Practice - Prohibits a plan or issuer from arbitrarily interfering with or altering the decision of the treating physician regarding the manner or setting in which particular covered services are delivered (including the number of days in a hospital) if they are medically necessary or appropriate for treatment or diagnosis. Allows a plan or issuer to limit the delivery of services to one or more providers within a network. (Sec. 152) Requires a plan or issuer that provides medical and surgical benefits to provide inpatient coverage following a mastectomy, lumpectomy, or lymph node dissection for the treatment of breast cancer for a period of time as is determined by the attending physician, in his or her professional judgment consistent with medical standards, to be medically appropriate. Prohibits a plan or issuer from: (1) denying to a woman eligibility to enroll or renew coverage solely for the purpose of avoiding the requirements of this title; (2) providing monetary payments or rebates to encourage women to accept less than the minimum protections available under this title; (3) penalizing or otherwise reducing or limiting reimbursement because an attending provider gave care to a participant or beneficiary in accordance with this title; (4) providing incentives (monetary or otherwise) to induce an attending provider to provide care to a participant or beneficiary in a manner inconsistent with this title; or (5) restricting benefits (other than imposing deductibles, coinsurance, or other cost-sharing) for any portion of a period within a required hospital length of stay in a manner less favorable than the benefits provided for any preceding portion of such stay. Subtitle G: Definitions - Sets forth definitions. Title II: Application of Patient Protection Standards to Group Health Plans and Health Insurance Coverage Under Public Health Service Act - Amends the Public Health Service Act to require each plan and issuer to comply with the patient protection requirements of this Act. (Sec. 202) Requires each health insurance issuer to comply with such requirements with respect to individual health insurance coverage. Title III: Amendments to the Employee Retirement Income Security Act of 1974 - Amends ERISA to require each plan and issuer to comply with the patient protection requirements of this Act. (Sec. 302) Provides that nothing in ERISA shall be construed to invalidate, impair, or supersede any cause of action under State law to recover damages resulting from personal injury or wrongful death against any person (except employers and other plan sponsors): (1) in connection with the provision of insurance, administrative services, or medical services by that person to or for a group health plan; or (2) that arises out of the arrangement by that person for the provision of insurance, administrative services, or medical services by other persons. Allows such an action against an employer or other plan sponsor (or against an employee of such an employer or sponsor acting within the scope of employment) only if it is based on the employer's or sponsor's exercise of discretionary authority to decide a claim for covered benefits, and such exercise resulted in personal injury or wrongful death. Title IV: Application to Group Health Plans Under the Internal Revenue Code of 1986 - Amends the Internal Revenue Code to require a group health plan to comply with this Act. Deems this Act to be incorporated into the Internal Revenue Code. Title V: Effective Dates; Coordination in Implementation - Sets forth effective dates for provisions of this Act. (Sec. 502) Amends the Health Insurance Portability and Accountability Act of 1996 to provide for coordination in the implementation of this Act.

Bill· SS. 169 (106th)referred

Military Recruiting and Retention Improvement Act of 1999

United States · United States Congress · 19 January 1999

TABLE OF CONTENTS: Title I: Pay and Allowances Title II: Retired Pay Title III: Thrift Savings Plan Title IV: Montgomery GI Bill Benefits Title V: Report Military Recruiting and Retention Improvement Act of 1999 - Title I: Pay and Allowances - Waives during FY 2000 any required adjustment in the rates of monthly military basic pay in conformance with the General Schedule of the Federal Government. Increases such pay by 4.8 percent, effective on January 1, 2000. Provides: (1) an increase in such pay as of July 1, 2000, for officers and enlisted personnel within specified pay grades; and (2) a pay increase for each of fiscal years 2001 through 2006 of one percent over the percentage increase as calculated under the Employment Cost Index. (Sec. 103) Extends through December 31, 2002, specified authorities currently scheduled to expire on December 31, 1999, with respect to certain special pay and bonus programs within the regular and reserve armed forces, as well as for military nurse officer candidates, registered nurses, and nurse anesthetists. Title II: Retired Pay - Repeals a Federal provision which provides a formula reduction in the retired pay of military personnel who first became members after July 31, 1986, and had creditable military service of less than 30 years. Directs the Secretary of Defense to increase the annual retired pay of such members under a revised formula which takes into account annual cost-of-living increases. Title III: Thrift Savings Plan - Authorizes a member serving on active duty to participate in the Federal Thrift Savings Plan, with a maximum annual contribution of five percent of basic pay and any enlistment or reenlistment bonus. Prohibits matching Federal agency contributions. Title IV: Montgomery GI Bill Benefits - Increases for FY 2000 the monthly rate of educational assistance paid to veterans pursuing a program of education on a full-time basis under the veterans' educational assistance program (VEAP). (Sec. 402) Terminates a one-year reduction in the basic pay of military personnel who choose not to participate in the VEAP. (Sec. 403) Authorizes the Secretary of Veterans Affairs, when appropriate, to make accelerated payments under the VEAP pursuant to an individual's request. (Sec. 404) Authorizes such Secretary to permit individuals entitled to assistance under the VEAP to transfer such assistance to the individual's spouse, one or more children, or a combination thereof. Requires the individual to designate the transferees chosen, the percentage of assistance for each, and the period in which such transfer shall be effective. Requires any child receiving such assistance to complete his or her entitlement before attaining 26 years of age. Title V: Report - Directs the Secretary of Defense to submit annually to the Congress an assessment of the effects of this Act on military personnel recruitment and retention.

Bill· SS. 51 (106th)referred

Violence Against Women Act II

United States · United States Congress · 19 January 1999

TABLE OF CONTENTS: Title I: Strengthening Law Enforcement to Reduce Violence Against Women Title II: Strengthening Services to Victims of Violence Title III: Limiting the Effects of Violence on Children Title IV : Strengthening Education and Training to Combat Violence Against Women Title V: Extension of Violent Crime Reduction Trust Fund Violence Against Women Act II - Title I: Strengthening Law Enforcement to Reduce Violence Against Women - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to make grants to eligible States, Indian tribal governments, or local governmental units to provide technical assistance and computer and other equipment to police departments, prosecutors, courts, and tribal jurisdictions to facilitate the widespread, including interstate, enforcement of protection orders. Instructs the Attorney General to give priority to grant applicants that: (1) have established cooperative agreements with neighboring jurisdictions to facilitate the enforcement of protection orders from other jurisdictions; and (2) will give priority to using the grant to develop and install data collection and communication systems linking police, prosecutors, courts, and tribal jurisdictions in order to identify and track protection orders and violations of such orders. Directs the Attorney General to compile and disseminate information about successful data collection and communication systems. Amends Federal criminal code provisions governing full faith and credit given to protection orders to provide that: (1) a State or Indian tribe shall not notify the party against whom a protection order has been made that the protection order has been registered or filed in the State or tribal jurisdiction unless requested to do so by the party protected under that order; and (2) nothing in this title may be construed to require prior filing or registration of such orders in the enforcing State as a prerequisite to enforcement by such State. Directs that a protection order that is otherwise consistent with this title shall be accorded full faith and credit and enforced notwithstanding the failure to provide notice to the party against whom the order is made of its registration or filing in the enforcing State or Indian tribe. (Sec. 102) Amends such Act to designate State, local, and Indian tribal courts as eligible grantees in the program to combat violent crimes against women. Revises allocation percentages for police and prosecutors, victim services, and State and local courts (not less than 25 percent, 30 percent, and ten percent, respectively). Amends the Equal Justice for Women in the Courts Act to expand training that may be provided under domestic violence training grants to include training with respect to issues concerning individuals with disabilities. Authorizes appropriations from the Violent Crime Reduction Trust Fund through FY 2002. Includes State, local, and tribal courts among the grantees eligible for Federal grants to encourage arrest policies. Earmarks a minimum of five percent of the total amount available for grants each fiscal year for grants to Indian tribal governments. (Sec. 103) Reauthorizes appropriations through FY 2002 for grants to combat violent crimes against women. Directs the Attorney General to make grants to State domestic violence and sexual assault coalitions for coordinating State victim services activities and for coordinating with Federal, State, and local entities engaged in violence against women activities. (Sec. 104) Instructs the Attorney General to transfer flunitrazepam (the "date-rape" drug) from schedule IV of the Controlled Substances Act to schedule I (the strictest level of Federal drug penalty and control). (Sec. 105) Reauthorizes appropriations through FY 2002 for grants to encourage arrest policies. (Sec. 106) Amends the Federal criminal code to provide that any person who, while employed by or accompanying the armed forces outside of the United States, engages in conduct that would constitute a domestic violence or sexual assault offense if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States, shall be subject to prosecution in a U.S. district court. Sets forth provisions regarding concurrent jurisdiction and priority of exercise of jurisdiction. Authorizes the Secretary of Defense to designate and authorize any individual serving in a law enforcement position in the Department of Defense to arrest such a person outside of the United States if there is probable cause to believe that such person committed such an offense. Provides for the release of such arrested persons to civilian law enforcement authorities in specified circumstances. Provides for delivery of such persons to the appropriate authorities of a foreign country if: (1) delivery is requested for trial for such conduct as an offense under the laws of that country; and (2) delivery is authorized by a treaty or other international agreement to which the United States is a party. Requires the Secretary of the military department concerned to transmit to the Director of the Federal Bureau of Investigation a copy of records of any penal actions taken, including certain nonjudicial punishments imposed, against a member of the armed forces who is discharged, dismissed, or released from active duty. (Sec. 107) Prohibits and sets penalties for willfully causing bodily injury to any person or attempting, through the use of fire, a firearm, or an explosive device, to cause bodily injury to any person, whether or not acting under color of law, because of: (1) the actual or perceived race, color, religion, or national origin of any person; or (2) the actual or perceived religion, gender, sexual orientation, or disability of any person if, in connection with the offense, the defendant or the victim travels in interstate or foreign commerce, uses a facility or instrumentality of interstate or foreign commerce, or engages in any activity affecting interstate or foreign commerce, or the offense is in or affects such commerce. Authorizes appropriations to the Departments of the Treasury and of Justice through FY 2002 to increase the number of personnel to prevent and respond to such alleged violations. Directs the United States Sentencing Commission to study and, if appropriate, amend the Federal sentencing guidelines to provide sentencing enhancements for adult defendants who recruit juveniles to assist in the commission of hate crimes. Directs the Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice to make grants to State and local programs designed to combat hate crimes committed by juveniles. Authorizes appropriations. (Sec. 108) Amends the Violence Against Women Act of 1994 to reauthorize through FY 2002: (1) rural domestic violence and child abuse enforcement grants (and allots not less than five percent of the total made available for each fiscal year for grants to Indian tribal governments); and (2) national stalker and domestic violence reduction grants. (Sec. 110) Modifies Federal criminal code provisions regarding interstate domestic violence, interstate stalking, and interstate violation of a protective order to cover situations where persons travel in interstate or foreign commerce or to or from Indian country. Deems a tribal court, for purposes of full faith and credit provisions, to have jurisdiction over any activity occurring in Indian country. Title II: Strengthening Services to Victims of Violence - Authorizes the Attorney General to make grants to private and nonprofit entities, publicly funded organizations not acting in a governmental capacity, and Indian tribal governments and affiliated organizations, to: (1) implement, expand, and establish cooperative efforts and projects between domestic violence and sexual assault victim advocacy organizations and civil legal assistance providers to strengthen a broad range of civil legal assistance for victims of domestic violence, stalking, and sexual assault; (2) implement, expand, and establish efforts and projects to strengthen a broad range of civil legal assistance for victims of domestic violence, stalking, and sexual assault by organizations with a demonstrated history of providing direct legal or advocacy services on behalf of these victims; and (3) provide training, technical assistance, and data collection to improve the capacity of grantees and other entities to offer civil legal assistance to victims of domestic violence, stalking, and sexual assault. Authorizes the Attorney General to: (1) make a grant to establish, operate, and maintain a national computer database of programs that provide civil legal assistance to victims of domestic violence, stalking, and sexual assault; and (2) evaluate the grants funded under this title through contracts or other arrangements with entities expert on domestic violence, stalking, and sexual assault and on evaluation research. Authorizes appropriations from the Violent Crime Reduction Trust Fund to carry out this title through FY 2002, with at least five percent of available amounts in each fiscal year used for grants for programs that assist victims of domestic violence, stalking, and sexual assault on lands within the jurisdiction of an Indian tribe. (Sec. 202) Amends the Family Violence Prevention and Services Act with respect to State demonstration grants for programs and projects to prevent family violence and provide immediate shelter and related assistance to victims. Requires grant applicants to provide documentation, including memoranda of understanding, of the specific involvement of the State domestic violence coalition and other knowledgeable individuals and interested organizations, in the development of the application. Earmarks funds to provide emergency assistance directly to victims of family violence, or their dependents, who are in the process of fleeing an abusive situation. Changes from a formula amount to $500,000 the minimum allotment to each State for such grants. Requires the Secretary of Health and Human Services to make grants to Indian tribes and organizations from any sums not distributed to them. Authorizes the Secretary to award grants to private nonprofit organizations for information, training, and technical assistance initiatives in specified subject areas. Authorizes appropriations under such Act through FY 2002. Revises the formula for the allocation of appropriations for grants for State coalitions. Directs the Secretary to conduct a nationwide needs assessment relating to family violence prevention and services programs. Authorizes the Secretary to award grants to up to ten State domestic violence coalitions, and up to ten local entities that carry out domestic violence programs providing shelter or related assistance, to develop and implement model community intervention strategies to address family violence in underserved populations. Prescribes formulae for the redistribution of funds available due to certain limitations. (Sec. 203) Prohibits any insurer from, directly or indirectly, taking any adverse action against: (1) an innocent insured; or (2) an applicant or insured on the basis that the applicant or insured, or any person employed by the applicant or insured or with whom the applicant or insured is known to have a relationship or association is, has been, or may be the subject of abuse. Defines an innocent insured as a subject of abuse insured under the same policy as the abuser, but who is not (in light of all the facts and circumstances) the cause of any claim incurred or that may incur. Requires any insurer taking an adverse action against a known subject of abuse to advise the applicant or insured in writing of the specific reasons for the action. Empowers the Federal Trade Commission (FTC) to enforce such prohibitions and policy. Provides for a private action against an insurer by an applicant or insured affected by a violation of this Act. (Sec. 204) Amends the Family Violence Prevention and Services Act to extend through FY 2002 the authorization of appropriations for the national domestic violence hotline. (Sec. 205) Amends the Violent Crime Control and Law Enforcement Act of 1994 to extend through FY 2002 and increase the authorization of appropriations for Federal victims' counselors. (Sec. 206) Amends the Family and Medical Leave Act of 1993 to entitle employees to leave to: (1) address domestic violence and its effects; or (2) care for a child or parent of the employee who is addressing domestic violence and its effects. Authorizes an employer to require an employee to provide documentation or other corroborating evidence. Amends Federal civil service law to entitle Federal employees to take such leave, subject to the same requirements. (Sec. 207) Amends the Internal Revenue Code to authorize unemployment compensation where an individual is separated from employment due to circumstances directly resulting from the individual's experience of domestic violence. Amends the Social Security Act to require State laws to provide for methods of administration that will ensure that claims reviewers and hearing personnel are adequately trained in the nature and dynamics of claims for unemployment compensation based on domestic violence, including methods of ascertaining and keeping information confidential. (Sec. 208) Amends the Immigration and Nationality Act, the Omnibus Crime Control and Safe Streets Act of 1968, and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 with respect to aliens who have been battered or subjected to extreme cruelty to provide for waiver of certain immigration requirements. (Sec. 209) Amends the Violence Against Women Act of 1994 to add a new Subtitle H (Elder Abuse, Neglect, and Exploitation, Including Domestic Violence and Sexual Assault Against Older Individuals). Directs the Attorney General to: (1) make grants to law school clinical programs for the purposes of funding the inclusion of cases addressing issues of elder abuse, neglect, and exploitation, including domestic violence, and sexual assault, against older individuals; and (2) develop curricula and offer, or provide for the offering of, training programs to assist law enforcement officers and prosecutors in recognizing, addressing, investigating, and prosecuting instances of such abuse, neglect, and exploitation. Authorizes appropriations. Amends the Family Violence Prevention and Services Act and the Older Americans Act of 1965 with respect to programs addressing such issues, including related training for health professionals. Amends the Older Americans Act of 1965 to authorize appropriations for programs and activities for the prevention of elder abuse, neglect, and exploitation. Requires the Secretary to make grants to: (1) support projects in local communities to coordinate activities concerning intervention in and prevention of elder abuse, neglect, and exploitation, including domestic violence, and sexual assault, against older individuals; and (2) develop and implement outreach programs directed toward assisting older individuals who are victims of elder abuse, neglect, and exploitation, including those in senior housing complexes and senior centers. Authorizes appropriations. Amends the Public Health Service Act (as amended by the Health Professions Education Partnerships Act of 1998) to require the Secretary to give preference in the award of certain grants and contracts to any health professions educational entity that requires, as a condition of receiving a degree or certificate, that each student have had significant training in the identification and referral of victims of elder abuse and neglect. Title III: Limiting the Effects of Violence on Children - Authorizes the Attorney General to make grants to States and Indian tribal governments to enable them to enter into contracts and cooperative agreements to assist public or private nonprofit entities in establishing and operating supervised visitation centers for purposes of facilitating supervised visitation and visitation exchange of children by and between parents. Requires that priority be given to States that consider domestic violence in making a custody decision and require findings on the record. (Sec. 302) Directs the Attorney General to study and report to Congress on Federal and State laws relating to child custody, including the Parental Kidnaping Prevention Act of 1980, and their effect on child custody cases in which domestic violence is a factor. Requires such study to examine the sufficiency of defenses to parental abduction charges available in cases involving domestic violence, and the burdens and risks encountered by victims of domestic violence arising from compliance with the full faith and credit (and judicial jurisdiction) requirements of that Act. Authorizes appropriations. (Sec. 303) Amends the Runaway and Homeless Youth Act to authorize appropriations for grants through FY 2002. Directs the Secretary to compile annually and disseminate, especially to community-based programs (including domestic violence and sexual assault programs), specified information about the use of amounts expended and the projects funded under such Act. (Sec. 304) Amends the Victims of Child Abuse Act of 1990 to authorize appropriations through FY 2002 for: (1) the court-appointed special advocate program; (2) child abuse training programs for judicial personnel and practitioners; and (3) grants for televised testimony. Directs the Attorney General to compile annually and disseminate, especially to community-based programs (including domestic violence and sexual assault programs), specified information about the use of amounts expended and the projects funded under such Act. Title IV: Strengthening Education and Training to Combat Violence Against Women - Amends the Public Health Service Act to direct the Secretary of Health and Human Services, in awarding grants or contracts for health professions and nurse education, to give preference to a relevant health professions entity that requires, as a condition of receiving a degree or certificate, that a student has had significant training in the identification, examination, treatment, and referral of victims of domestic violence. (Sec. 401) Defines relevant health professions entity as a school of medicine, a school of osteopathic medicine, a graduate program in mental health practice, a school of nursing, a program for the training of physician assistants, or a program for the training of allied health professionals. (Sec. 402) Authorizes the Attorney General to make grants for the development and dissemination of model programs to provide education and training in appropriate and effective responses to victims of domestic violence and victims of sexual assault (including, as appropriate, the effects of domestic violence on children) to individuals (other than law enforcement officers and prosecutors) who are likely to come into contact with such victims during the course of their employment. Limits such grants to public and private nonprofit entities that have: (1) nationally recognized expertise in the areas of domestic violence and sexual assault; and (2) a record of commitment and quality responses to reduce domestic violence and sexual assault. Authorizes appropriations. (Sec. 403) Requires States to use certain transferred funds for rape prevention and education programs conducted by rape crisis centers, State sexual assault coalitions, and other public and private nonprofit entities for: (1) educational seminars; (2) hotlines; (3) training programs for professionals; (4) the preparation of informational material; (5) education and training programs for students and campus personnel designed to reduce the incidence of sexual assault at colleges and universities; and (6) other efforts to increase awareness of, or to help prevent, sexual assault, including efforts to increase awareness in underserved communities and awareness among individuals with disabilities. Requires at least 25 percent of grant funds are used for educational programs targeted for middle school, junior high, and high school students. Directs the Secretary, through the National Center for Injury Prevention and Control at the Centers for Disease Control and Prevention, to establish a National Resource Center on Sexual Assault (with a central resource library) to provide resource information, policy, training, and technical assistance to Federal, State, and Indian tribal agencies, as well as to State sexual assault coalitions and local sexual assault programs and to other professionals and interested parties on issues relating to sexual assault. Authorizes appropriations. (Sec. 404) Directs the Secretary to provide grants to individuals or organizations to carry out educational programs for elementary schools, middle schools, secondary schools, or institutions of higher education with respect to information regarding, and prevention of, domestic violence and violence among intimate partners. Authorizes appropriations. (Sec. 405) Directs the Attorney General to make grants to States and nongovernmental private entities to provide education and technical assistance for the purpose of providing training, consultation, and information on violence, abuse, and sexual assault against women who are individuals with disabilities. Authorizes appropriations for such grants through FY 2002. (Sec. 406) Amends the Family Violence Prevention and Services Act to make grants to groups that provide services to or advocate on behalf of individuals with disabilities eligible for demonstration grants for community initiatives. Authorizes appropriations for such grants through FY 2002. (Sec. 407) Directs the Attorney General to establish a multidisciplinary, multiagency national commission to: (1) evaluate standards of training and practice for licensed health care professionals performing sexual assault forensic examinations, and develop a national recommended training standard; (2) recommend minimum sexual assault forensic examination training for all health care students; (3) review national, State, and local protocols on sexual assault for forensic examinations, and develop a recommended national protocol and a mechanism for nationwide dissemination; and (4) study and evaluate State procedures for payment of forensic examinations for victims of sexual assault, and establish a recommended Federal protocol for such payment. Authorizes appropriations. (Sec. 408) Authorizes the Attorney General to make a grant to a private, nonprofit entity meeting certain requirements to establish a national clearinghouse and resource center to provide information and assistance to employers and labor organizations on appropriate workplace responses to domestic violence and sexual assault. Authorizes appropriations. (Sec. 409) Amends the Violence Against Women Act of 1994 to direct the Secretary to make grants to entities, including domestic violence and sexual assault organizations, research organizations, and academic institutions, to: (1) support specified research and evaluation of education, prevention, and intervention programs on violent behavior against women; and (2) address gaps in research and knowledge about violence against women, including violence against women in underserved communities. Directs the U.S. Sentencing Commission to report to Congress on: (1) Federal and State sentences for homicides or assaults in which the victim was a spouse, former spouse, or intimate partner of the offender; (2) the effect of illicit drugs and alcohol on domestic violence and the sentences imposed for offenses involving them in which domestic violence occurred; (3) the extent to which acts of domestic violence committed against the offender, including coercion, may have contributed to the commission of an offense; (4) an analysis delineated by race, gender, type of offense, and any other categories that would be useful for understanding the problem of domestic violence; and (5) recommendations with respect to all such offenses, including any basis for a downward adjustment in any applicable Federal sentencing guidelines determination. Directs the Secretary to make grants to nonprofit entities, including sexual assault organizations, research organizations, and academic institutions, in order to gather qualitative and quantitative data on the experiences of minors and adults who become pregnant as a result of sexual assault within State health care, judicial, and social services systems. Requires the Attorney General to study and report to Congress on the status of the law with respect to rape and sexual assault offenses and the effectiveness of the implementation of laws in addressing such crimes and protecting their victims. Authorizes appropriations. Title V: Extension of Violent Crime Reduction Trust Fund - Amends the Violent Crime Control and Law Enforcement Act of 1994 to authorize appropriations to the Violent Crime Reduction Trust Fund through FY 2002. Reduces discretionary spending limits for FY 2001 and 2002 in the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) by specified offsetting amounts.

Bill· SS. 10 (106th)referred

Health Protection and Assistance for Older Americans Act

United States · United States Congress · 19 January 1999

TABLE OF CONTENTS: Title I: Health Care Coverage Choices for 55 to 65 Year Olds Subtitle A: Access to Medicare Benefits for Individuals 62-to-65 Years of Age Subtitle B: Access to Medicare Benefits for Displaced Workers 55-to-62 Years of Age Subtitle C: COBRA Protection for Early Retirees Title II: Expansion of Long-Term Care Protection Title III: Reauthorization of the Older Americans Act of 1965 Health Protection and Assistance for Older Americans Act of 1999 - Title I: Health Care Coverage Choices for 55-to-65 Year Olds - Subtitle A: Access to Medicare Benefits for Individuals 62-to-65 Years of Age - Amends title XVIII (Medicare) of the Social Security Act (SSA) to add a new part D (Purchase of Medicare Benefits by Certain Individuals Age 62-to-65 Years of Age). Makes eligible to enroll in Medicare during a specified period individuals between the ages of 62 and 65 who: (1) are not eligible for coverage under group health plans or Federal health insurance; but (2) would be Medicare-eligible if age 65. Requires prior notification of each individual seeking to enroll of the deferred monthly premium amount for which the individual will be liable upon attaining age 65. Directs the Secretary of Health and Human Services to determine rates for: (1) the base monthly premium; (2) the base annual premium for individuals age 62 or older, reduced appropriately for a premium area that has costs below the national average, in order to assure participation in all areas of the country; and (3) the deferred premium for such individuals. Directs the Secretary to provide for payment and collection of the base monthly premium. Makes the enrollee liable for the deferred monthly premium payment. Requires collection of both premiums in the same manner as for the payment of monthly premiums under Medicare part B (Supplementary Medical Insurance). Creates in the Treasury the Medicare Early Access Trust Fund (Trust Fund) to hold collected premiums. Directs: (1) the Trust Fund's Board of Trustees to report annually to the Congress on the need for adjustments in the new program in order to maintain its financial solvency; and (2) the Comptroller General to report periodically to the Congress on the adequacy of program financing along with appropriate recommendations to accomplish such end. Requires: (1) individuals enrolled under the new part D program to be treated for Medicare purposes as though they were entitled to benefits under Medicare part A (Hospital Insurance) and enrolled under Medicare part B; and (2) new part D program benefits to be payable under Medicare to such individuals in the same manner as if they were so entitled and enrolled. Provides that the new part D program shall not be treated as Medicare for purposes of the Medicaid program (SSA title XIX), including the provision of Medicare cost-sharing assistance, nor for purposes of COBRA (Consolidated Omnibus Budget Reconciliation Act of 1985) continuation requirements of the Public Health Service Act. Subtitle B: Access to Medicare Benefits for Displaced Workers 55-to-62 Years of Age - Amends SSA title XVIII part D to rename the newly established part D program the Purchase of Medicare Benefits by Certain Individuals Age 55-to-65 Years of Age. Provides for part D coverage for certain displaced workers and spouses between the ages of 55 and 62 under arrangements similar to those in title I. Directs the Secretary to provide for continued enrollment of displaced workers who attain 62 years of age. Subtitle C: COBRA Protection for Early Retirees - Chapter 1: Amendments to the Employee Retirement Income Security Act of 1974 - Amends the Employee Retirement Income Security Act of 1974 to extend specified group health plan insurance continuation coverage under COBRA to qualified retirees and their dependents, in cases of substantial reduction or termination of a retiree group health plan. Sets forth a special rule for certain dependents in case of termination or substantial reduction of retiree health coverage. Permits an increased level of premiums in the case of an individual provided continuation coverage by reason of the qualifying event. Chapter 2: Amendments to the Public Health Service Act - Amends the Public Health Service Act to extend specified group health plan insurance continuation coverage under COBRA to qualified retirees and their dependents, in cases of substantial reduction or termination of a retiree group health plan. Sets forth a special rule for certain dependents in case of termination or substantial reduction of retiree health coverage. Permits an increased level of premiums in the case of an individual provided continuation coverage by reason of the qualifying event. Subtitle C: Amendments to the Internal Revenue Code of 1986 - Amends the Internal Revenue Code to extend specified group health plan insurance continuation coverage under COBRA to qualified retirees and their dependents, in cases of substantial reduction or termination of a retiree group health plan. Sets forth a special rule for certain dependents in case of termination or substantial reduction of retiree health coverage. Permits an increased level of premiums in the case of an individual provided continuation coverage by reason of the qualifying event. Title II: Expansion of Long-Term Care Protection - Amends the Internal Revenue Code to provide an annual long-term care credit of $1000 per applicable person for whom a taxpayer is an eligible caregiver. (Sec. 202) Amends Federal law to set forth provisions for the establishment of a program under which long-term care insurance is made available to Federal employees and annuitants. Authorizes the Office of Personnel Management to purchase group long-term care insurance policies from, and design benefits packages and negotiate final offerings with, qualified carriers. Provides that policy coverage and benefits shall be guaranteed to be renewable and may not be canceled except for nonpayment of premiums. Requires provided benefits to be compliant with standards recommended by the National Association of Insurance Commissioners. Requires premium payments to be withheld from the pay or annuities of enrollees. Sets forth provisions governing the filing of claims, the administrative resolution of claims disputes, and the jurisdiction of U.S. district courts over related suits. Authorizes appropriations. Title III: Reauthorization of the Older Americans Act of 1965 - Amends the Older Americans Act of 1965 to extend through FY 2002 authorization of appropriations for: (1) the Federal Council on the Aging; (2) administration; (3) grants for State and community programs on aging; (4) the national family caregiver program; (5) availability of surplus commodities; (6) training, research, and discretionary projects and programs; (7) community service employment for older Americans; (8) grants for Native Americans; (9) allotments for vulnerable elder rights protection activities; and (10) the Native American program. (Sec. 302) Amends the Older Americans Act of 1965 to replace the program for in-home services for frail older individuals with a national family caregiver support program consisting of: (1) a State grant program of support for families and other informal providers of in-home and community care to older individuals; (2) a grant program to foster development of innovative approaches to caregiving, including minority and distant caregivers; and (3) grants or contracts for related activities of national significance. (Sec. 304) Makes funds under part D of title III of the Older Americans Act of 1965 available for reallotment.

Bill· SS. 2562 (105th)referred

Medicare HMO Beneficiary Emergency Relief Act of 1998

United States · United States Congress · 6 October 1998

Medicare HMO Beneficiary Emergency Relief Act of 1998 - Provides that, if an eligible organization under title XVIII (Medicare) of the Social Security Act has a risk-sharing contract in effect on December 31, 1998, and does not convert it to a contract to offer a Medicare+Choice plan under Medicare part C effective January 1, 1999, then such risk-sharing contract shall be deemed to be extended through June 30, 1999, under its existing terms and conditions. Excludes from the application of this Act any eligible organization that, for reasons of financial hardship, cannot convert a risk-sharing contract to a contract to offer a Medicare+Choice plan. Requires a Medicare+Choice organization offering a Medicare+Choice plan in an area affected by such a contract extension to accept, between November 1, 1998, and June 30, 1999, elections to enroll in such plan by individuals currently enrolled under the contract being extended. Authorizes the Secretary of Health and Human Services and the eligible organization whose contract is being extended to negotiate for a new contract which may enable the organization to convert its contract to a contract to offer a Medicare+Choice plan.

Bill· SS. 2553 (105th)referred

A bill to amend the Safe and Drug-Free Schools and Communities Act of 1994 to provide for the establishment of school violence prevention hotlines.

United States · United States Congress · 6 October 1998

Amends the Safe and Drug-Free Schools and Communities Act of 1994 to authorize local drug and violence prevention programs (through a partnership of the local educational agency, schools, law enforcement officials, and appropriate community groups) to establish school violence prevention hotlines.

Resolution· SCONRESS.Con.Res. 121 (105th)referred

A concurrent resolution expressing the sense of Congress that the President should take all necessary measures to respond to the increase in steel imports resulting from the financial crises in Asia, the independent States of the former Soviet Union, Russia, and other areas of the world, and for other purposes.

United States · United States Congress · 29 September 1998

Calls upon the President to: (1) pursue enhanced enforcement of U.S. trade laws with respect to the increase in steel imports into the United States, including imposition of offsetting duties, quantitative restrictions, and other appropriate remedial measures; (2) pursue with all methods at the President's disposal to achieve a more equitable sharing of the burden of accepting imports of finished steel products from Asia and the independent states of the former Soviet Union; (3) establish a task force that has responsibility for closely monitoring U.S. imports of steel; and (4) report to the Congress by January 5, 1999, with a comprehensive plan for responding to the increase in steel imports, including ways of limiting the deleterious effects on employment, prices, and investment in the U.S. steel industry.

Bill· SS. 2510 (105th)referred

Library of Congress Bicentennial Commemorative Coin Act of 1998

United States · United States Congress · 22 September 1998

Library of Congress Bicentennial Commemorative Coin Act of 1998 - Directs the Secretary of the Treasury to mint and issue five-dollar gold coins and one-dollar silver coins emblematic of the Library of Congress. Authorizes the Secretary to mint and issue $10 bimetallic coins of gold and platinum in lieu of the gold coins. Requires payment of coin sale surcharges to the Library of Congress Trust Fund Board to support Library activities.

Resolution· SRESS.Res. 277 (105th)passed

A resolution expressing the sense of the Senate with respect to the importance of diplomatic relations with the Pacific Island nations.

United States · United States Congress · 15 September 1998

Declares that: (1) it is in the national interest of the United States to remain actively engaged in the South Pacific region as a means of supporting important U.S. commercial and strategic interests, and to encourage the consolidation of democratic values; (2) a Pacific island summit, hosted by the President with the Pacific island heads of government, would be an excellent opportunity for the United States to foster and improve diplomatic relations with the Pacific island nations; and (3) the United States should fulfill its longstanding commitment to the democratization and economic prosperity of the Pacific island nations by promoting their earliest integration in the mainstream of bilateral, regional, and global commerce and trade.

Bill· SS. 2358 (105th)referred

Persian Gulf War Veterans Act of 1998

United States · United States Congress · 27 July 1998

TABLE OF CONTENTS: Title I: Service Connection for Gulf War Illnesses Title II: Extension and Enhancement of Gulf War Health Care Authorities Title III: Miscellaneous Persian Gulf War Veterans Act of 1998 - Title I: Service Connection for Gulf War Illnesses - Presumes to be service-connected (and therefore compensable or treatable under Federal veterans' benefits provisions) any illness that: (1) the Secretary of Veterans Affairs determines to warrant such a presumption based upon a positive association with exposure to a biological, chemical, or toxic agent, an environmental or wartime hazard, or preventive medicine or vaccine associated with service in the southwest Asia theater of operations during the Persian Gulf War; and (2) becomes manifest in a Gulf War veteran within a period to be prescribed by the Secretary. Requires such presumption even though there is no record of evidence of such illness in the veteran during the period of service. Requires the Secretary to make such determinations based on sound medical and scientific evidence and to take into account reports submitted by the National Academy of Sciences (NAS) as required under this Act. Requires the Secretary to make determinations regarding presumptions of service connection for covered illnesses within 60 days after receipt of an NAS report. (Sec. 102) Directs the Secretary to enter into an agreement with NAS under which NAS shall identify: (1) the agents, hazards, or medicines to which Gulf War veterans may have been exposed; and (2) the illnesses that are manifest in such members. Requires NAS, in making such identification, to consider certain pesticides, nerve agents, repellents, compounds, ionizing radiation, particulates, endemic diseases, and vaccines. Requires NAS to submit to the congressional veterans and defense committees (designated committees) a report specifying all agents, hazards, or medicines considered. Directs NAS, after such identification, to determine whether a statistical association exists between exposure to such agent, hazard, or medicine and the illness. Requires NAS to separately review potential treatment models for such illnesses, make recommendations for additional studies, and perform subsequent reviews of available evidence and data. Requires periodic reports from NAS to the Secretary, the Secretary of Defense, and the designated committees concerning NAS activities. Terminates requirements and activities under this Act ten years after NAS submits its first report. Requires the Secretary to enter into an agreement with an alternative scientific organization if agreement cannot be reached with NAS. (Sec. 103) Directs the Secretary to develop and implement a plan for the establishment and operation of a single computerized information database for the collection, storage, and analysis of information on illnesses and health care utilization patterns of Gulf War veterans. Requires such plan to be submitted to the Secretary of Defense, NAS, and the designated committees. Directs NAS to evaluate and report on such plan. Requires a joint annual report by the Secretary and the Secretary of Defense concerning data compiled and the types, incidences, and prevalence of the illnesses identified, with explanations, as well as information analysis and the implementation of appropriate treatment models in the health care systems of their respective departments. (Sec. 104) Requires such Secretaries and the Secretary of Health and Human Services to report to the designated committees on any recommendations received from NAS for additional scientific studies. (Sec. 105) Directs the Secretaries of Veterans Affairs and Defense to carry out an ongoing program to provide Gulf War veterans with information relating to any health risks determined to be associated with such service, together with services or benefits available. Title II: Extension and Enhancement of Gulf War Health Care Authorities - Extends through December 31, 2001, the authority of the Secretary to provide hospital and nursing care and medical services to Persian Gulf War veterans for any disability. (Sec. 202) Amends the Persian Gulf War Veterans' Benefits Act to extend a program for evaluating the health status of spouses and children of Persian Gulf War veterans until either the date on which all funds for the program are expended or December 31, 2001, whichever is earlier. (Currently such program is authorized until December 31, 1998.) Repeals certain testing and evaluation requirements under such program. Provides additional program outreach requirements. Authorizes the Secretary, in order to increase the number of diagnostic tests and medical examinations under such program: (1) to reimburse primary care physicians of such spouses and children for the costs of such tests or examinations; (2) to conduct such tests and examinations in Department medical facilities; and (3) in the event travel is required for the conduct of such tests or examinations by contract entities, to reimburse the spouses and children for the costs of such travel and related lodging. Requires the Secretary to provide for monthly reports to the Department's Central Office on activities conducted under the program. Title III: Miscellaneous - Requires the Secretary to seek to enter into an agreement with NAS or other appropriate independent organization under which NAS assesses the need for and feasibility of establishing an independent entity to: (1) evaluate and monitor the post-deployment health concerns of military personnel; (2) evaluate the health care provided both before and after deployment; and (3) take certain related actions with respect to the monitoring, evaluation, and improvement of post-deployment health care. Requires a report from NAS to the designated committees on assessment results.

Resolution· SCONRESS.Con.Res. 110 (105th)open

A concurrent resolution honoring the memory of Detective John Michael Gibson and Private First Class Jacob Joseph Chestnut of the United States Capitol Police for their selfless acts of heroism at the United States Capitol on July 24, 1998.

United States · United States Congress · 27 July 1998

Declares that the Congress honors the memory of Detective John Michael Gibson and Private First Class Jacob Joseph Chestnut of the U.S. Capitol Police for the selfless acts of heroism they displayed on July 24, 1998, in sacrificing their lives in the line of duty so that others might live. Provides that, when the Senate and the House of Representatives adjourn on this date, they shall do so out of respect for the memory of Officers Gibson and Chestnut.

Resolution· SCONRESS.Con.Res. 111 (105th)open

A concurrent resolution authorizing the use of the rotunda of the Capitol for a memorial service for Detective John Michael Gibson and Private First Class Jacob Joseph Chestnut of the United States Capitol Police, and for other purposes.

United States · United States Congress · 27 July 1998

Authorizes the use of the rotunda of the Capitol for a memorial service for Detective John Michael Gibson and Private First Class Jacob Joseph Chestnut of the U.S. Capitol Police. Directs the Architect of the Capitol to place a plaque in honor of the memory of Officers Gibson and Chestnut at an appropriate site in the U.S. Capitol, with the approval of the Speaker of the House of Representatives and the President Pro Tempore of the Senate. Directs the Sergeant at Arms of the House of Representatives to make arrangements for funeral services for Officers Gibson and Chestnut, including payments for travel expenses of immediate family members, and for expenses incurred by Members of the House of Representatives in attending such services. Directs the Chief Administrative Officer of the House of Representatives to pay survivor's gratuities to the widows of Officers Gibson and Chestnut. Expresses the sense of the Congress that there should be established under law a U.S. Capitol Police Memorial Fund for the surviving spouses and children of members of the U.S. Capitol Police who are slain in the line of duty.

Bill· SS. 2354 (105th)referred

Medicare Home Health Beneficiary Protection Act of 1998

United States · United States Congress · 24 July 1998

Medicare Home Health Beneficiary Protection Act of 1998 - Amends part D (Miscellaneous Provisions) of title XVIII (Medicare) of the Social Security Act (SSA), as amended by the Balanced Budget Act of 1997 (BBA '97), to revise reasonable cost requirements with regard to the interim system of limited payments for services provided by home health agencies. Establishes a moratorium on implementation of per beneficiary limits and a three-year freeze on cost limits. Amends BBA '97 to direct the Secretary of Health and Human Services (HHS) to: (1) establish a process for eliminating inappropriate utilization of Medicare home health services by reviewing claims in which the number of home health visits provided to a beneficiary in a year exceeds the regional average of per beneficiary annual visits; (2) if appropriate, issue a determination denying payment for such a claim, and refer the name of the claimant-provider to the HHS Inspector General for investigation; and (3) include in the annual reports to the Congress on home health cost containment any recommendations for changes to the method of payment, claims review, and scope of benefits that the Secretary determines is necessary to achieve actual outlays equal to estimated outlays under Medicare parts A (Hospital Insurance) and B (Supplementary Medical Insurance) for such services during the following fiscal year. (Sec. 4) Amends SSA title XVIII to provide for: (1) establishment of limits for calculating prospective payment rates for home health services under the payment system for such services; and (2) temporary restoration of periodic interim payment for such services.

Bill· SS. 2323 (105th)open

Home Health Access Preservation Act of 1998

United States · United States Congress · 16 July 1998

Home Health Access Preservation Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act (SSA), as amended by the Balanced Budget Act of 1997, with respect to the computation formula of the interim system of limited payments for services provided by home health agencies, in order to mandate a new interim system, as of October 1, 1998, with a revised formula and specific amounts for the agency-specific per beneficiary annual limitation, according to the census division in which an agency is located. Directs the Secretary of Health and Human Services to: (1) estimate the amount of savings (if any) to Medicare resulting from this Act for each fiscal year beginning after FY 1998 and before the first fiscal year in which the prospective payment system (PPS) for home health agencies applies; (2) prescribe rules for increased payments to such an agency, if there will be estimated savings; and (3) establish procedures to provide heightened scrutiny of claims for reimbursement under Medicare for items and services provided to certain agency beneficiaries. Amends SSA title XVIII to provide for a three percent increase in per visit cost limits for cost reporting periods beginning on or after October 1, 1997. Directs the Secretary to meet every 90 days with appropriate congressional committee staff to provide informal updates of progress in implementing the PPS above.

Bill· SS. 2295 (105th)referred

A bill to amend the Older Americans Act of 1965 to extend the authorizations of appropriations for that Act, and for other purposes.

United States · United States Congress · 13 July 1998

Amends the Older Americans Act of 1965 to extend through FY 2001 the authorization of appropriations for: (1) the Federal Council on the Aging; (2) administration; (3) grants for State and community programs on aging; (4) the availability of surplus commodities; (5) training, research, and discretionary projects and programs; (6) community service employment for older Americans; (7) grants for Native Americans; (8) allotments for Vulnerable Elder Rights Protection activities; and (9) the Native American program.

Bill· SS. 2281 (105th)referred

Continued Dumping or Subsidy Offset Act of 1998

United States · United States Congress · 9 July 1998

Continued Dumping or Subsidy Offset Act of 1998 - Amends the Tariff Act of 1930 to declare that, whenever continued dumping or subsidization is found to exist by the administering authority or by operation of law, any duties assessed shall be distributed as continued dumping or subsidy offsets to the affected domestic producers for qualifying expenditures on an annual basis. Limits qualifying expenditures to expenditures incurred since the issuance of the antidumping duty finding or order or countervailing duty order in any or all of the categories of plant, equipment, research and development (R&D), personnel training, acquisition of technology, employer-paid employee health care and pension benefits, and environmental equipment, training or technology. Directs the Commissioner of the U.S. Customs Service to prescribe offset disbursement procedures. Sets forth general procedures for notification of eligible parties. Requires the Commissioner to establish a special account in the Treasury to receive all antidumping or countervailing duties, including interest, for distribution according to this Act, within 14 days after an antidumping or countervailing duty order takes effect.

Bill· SS. 2233 (105th)referred

Biomass and Coal Facilities Extension Act

United States · United States Congress · 25 June 1998

Biomass and Coal Facilities Extension Act - Amends the Internal Revenue Code to extend the placed-in-service date for biomass and coal facilities.

Bill· SS. 2176 (105th)open

Federal Vacancies Reform Act of 1998

United States · United States Congress · 16 June 1998

Federal Vacancies Reform Act of 1998 - Revises provisions regarding the filling of Federal vacancies to authorize the President, if an appointed officer of an executive agency (defined to include the Executive Office of the President and exclude the General Accounting Office (GAO)) dies, resigns, or is otherwise unable to perform office functions, to direct a person who serves in an office for which appointment is required to perform such functions temporarily in an acting capacity, subject to specified time limitations. Retains the requirement that the first assistant of such officer shall perform such functions temporarily in an acting capacity as well, subject to specified time limitations and the limitations described below. Bars a person from serving as an acting officer if: (1) on the date of the officer's inability to serve, such person serves in the position of first assistant; (2) during the 365-day period preceding such date, such person served as first assistant for less than 180 days; and (3) the President submits a nomination of such person to the Senate for appointment to such office. Applies vacancy provisions of the Federal judicial code with respect to the office of the Attorney General. Revises time limitations on temporary appointments, limiting service to 150 (currently, 120) days, or, once a first or second nomination for the office is submitted to the Senate, to the period the nomination is pending. Changes the 120-day limitation to 150 days with respect to provisions regarding rejection, withdrawal, or return of nominations. Makes vacancy and time limitation provisions applicable to any affected office for which an advice and consent appointment is required unless: (1) another statutory provision expressly supersedes such provisions; (2) a statutory provision in effect on this Act's enactment date expressly authorizes the President or the head of an executive department to designate an officer to perform the functions of a specified office temporarily in an acting capacity; or (3) the President makes an appointment to fill a vacancy during a Senate recess. Sets forth additional requirements with respect to presidential nominations to fill vacant offices, requiring that an office, if it remains vacant after 150 days after the rejection, withdrawal, or return of a second presidential appointment nomination, remain vacant until a person is appointed by the President, by and with the advice and consent of the Senate. Permits, in such instance, only the head of an executive agency to perform office functions until such appointment is made in the case of an office other than the office of head of an executive agency. Provides that any action to perform a function of a vacant office by a person filling a vacancy in violation of requirements or by a person who is not filling such vacancy shall have no effect. Directs the heads of affected executive agencies to submit to the Comptroller General and to the Congress: (1) notification of a vacancy and the date such vacancy occurred immediately upon occurrence of the vacancy; (2) the name of the person serving in an acting capacity and the date such service began immediately upon the designation; (3) the name of any person nominated to fill the vacancy and the date such nomination is submitted immediately upon submission; and (4) the date of a rejection, withdrawal, or return of any nomination immediately upon such action. Requires the Comptroller General to report to specified congressional committees, the President, and the Office of Personnel Management any determination that an officer is serving longer than the prescribed 150-day period, including exceptions to such period. Sets forth additional provisions regarding vacancies existing during presidential inaugural transitions, independent establishments, and exceptions to requirements of this Act for certain board members of independent establishments or Government corporations or commissioners of the Federal Energy Regulatory Commission.

Bill· SJRESS.J.Res. 50 (105th)referred

A joint resolution to disapprove the rule submitted by the Health Care Financing Administration, Department of Health and Human Services on June 1, 1998, relating to surety bond requirements for home health agencies under the medicare and medicaid programs.

United States · United States Congress · 10 June 1998

Disapproves the rule submitted by the Health Care Financing Administration, Department of Health and Human Services, on June 1, 1998, relating to surety bond requirements for home health agencies under titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act.

Law· SJRESS.J.Res. 51 (105th)enacted

A joint resolution granting the consent of Congress to the Potomac Highlands Airport Authority Compact entered into between the States of Maryland and West Virginia.

United States · United States Congress · 10 June 1998

Grants the consent of the Congress to the Potomac Highlands Airport Authority Compact entered into between the States of Maryland and West Virginia, with respect to operating an airport or landing field in Mineral County, on the Potomac River near Ridgeley, West Virginia.

Resolution· SRESS.Res. 234 (105th)passed

A resolution to honor Stuart Balderson.

United States · United States Congress · 21 May 1998

Names Stuart Balderson as Financial Clerk Emeritus of the Senate. Amends rule XXIII (privilege of the floor) of the Standing Rules of the Senate to allow him admittance while the Senate is in session.

Bill· SS. 2036 (105th)referred

Bosnia Force Realignment Act

United States · United States Congress · 6 May 1998

Bosnia Force Realignment Act - Prohibits the obligation of Department of Defense (DOD) funds for the ground elements of U.S. armed forces in the Republic of Bosnia and Herzegovina, except to the extent necessary: (1) for U.S. ground forces to protect themselves during withdrawals; (2) to support a limited number of U.S. military personnel sufficient to protect U.S. diplomatic facilities; (3) to support non-combat military personnel sufficient to advise the commanders North Atlantic Treaty Organization (NATO) peacekeeping operations in the Republic; and (4) for the deployment of U.S. ground forces as part of NATO containment operations surrounding such countries. Directs the President to continue the planned withdrawal of American forces from the NATO Stabilization Force such that U.S. ground forces in that force or the planned multi-national successor force does not exceed specified levels for years 1998 through 2000. Prohibits the use of DOD funds for: (1) the conduct of law enforcement and police activities in the Republic, except for the training of law enforcement personnel or to prevent imminent loss of life; (2) the conduct of any activity that may jeopardize the mission of the NATO-led force in preventing armed conflict between the Federation of Bosnia and Herzegovina and the Republika Srpska (Bosnian Entities); (3) any transfer of refugees within the Republic that has as one of its purposes the acquisition of control by a Bosnian Entity of territory allocated to the other Bosnian Entity under the Dayton Peace Agreement, or that may expose U.S. armed forces to substantial risk to their personal safety; and (4) implementation of any decision to change the legal status of territory within the Republic unless expressly agreed to by all signatories to the Agreement. Directs the President to report to the Congress on progress made toward meeting the established troop drawdown limits.

Resolution· SRESS.Res. 222 (105th)passed

A resolution to commend Stuart Franklin Balderson.

United States · United States Congress · 30 April 1998

Commends Stuart F. Balderson, Financial Clerk of the Senate from August 1, 1980, to April 30, 1998, for his exemplary service to the U.S. Senate and the Nation.

Bill· SJRESS.J.Res. 46 (105th)referred

A joint resolution expressing the sense of the Congress on the occasion of the 50th anniversary of the founding of the modern State of Israel and reaffirming the bonds of friendship and cooperation between the United States and Israel.

United States · United States Congress · 29 April 1998

Recognizes the historic significance of the 50th anniversary of the reestablishment of the State of Israel. Commends the Israeli people for their achievements in building a new state and a pluralistic democratic society in the Middle East. Reaffirms the bonds of friendship and cooperation between the United States and Israel. Extends congratulations and best wishes to the State of Israel and her people for a peaceful, prosperous, and successful future.

Resolution· SRESS.Res. 213 (105th)passed

A resolution congratulating the United States Army Reserve on its 90th anniversary and recognizing the important contributions of Strom Thurmond, the President Pro Tempore of the Senate, who served with distinction in the United States Army Reserve for 36 years.

United States · United States Congress · 22 April 1998

Congratulates the U.S. Army Reserve on the 90th anniversary of its establishment on April 23, 1998. Recognizes and commends the Army Reserve for its service and recognizes Strom Thurmond, the president pro tempore of the Senate, for 36 years of service with distinction in the Army Reserve.

Bill· SS. 1890 (105th)referred

Patients' Bill of Rights Act of 1998

United States · United States Congress · 31 March 1998

TABLE OF CONTENTS: Title I: Health Insurance Bill of Rights Subtitle A: Access to Care Subtitle B: Quality Assurance Subtitle C: Patient Information Subtitle D: Grievance and Appeals Procedure Subtitle E: Protecting the Doctor-Patient Relationship Subtitle F: Promoting Good Medical Practice Subtitle G: Definitions Title II: Application of Patient Protection Standards to Group Health Plans and Health Insurance Coverage Under Public Health Service Act Title III: Amendments to the Employee Retirement Income Security Act of 1974 Title IV: Effective Dates; Coordination In Implementation. Patients' Bill of Rights Act of 1998 - Title I: Health Insurance Bill of Rights - Subtitle A: Access to Care - Requires any group health plan, or health insurance coverage offered by a health insurance issuer, providing emergency services benefits to cover emergency services furnished: (1) without the need for any prior authorization determination; (2) whether or not the health care provider furnishing such services is a participating health care provider; and (3) without regard to any other term or condition of such coverage (other than exclusion or coordination of benefits, or an affiliation or waiting period, permitted under the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), or the Internal Revenue Code, and other than applicable cost-sharing). (Sec. 101) Requires such coverage in a manner so that, if the emergency services are provided by a nonparticipating health care provider: (1) the participant, beneficiary, or enrollee is not liable for amounts exceeding the liability that would be incurred if the services were provided by a participating provider; and (2) the plan or issuer pays an amount that is not less than the amount paid to a participating provider for the same services. Prescribes the same coverage for maintenance care or post-stabilization care (subject to certain guidelines) by nonparticipating health care providers. (Sec. 102) Requires a plan or coverage that provides benefits only through participating providers to offer a participant the option to purchase point-of-service coverage for benefits provided by a nonparticipating provider, unless the plan offers the participant: (1) a choice of health insurance coverage through more than one health insurance issuer; or (2) two or more coverage options that differ significantly with respect to the use of participating providers or the networks of such providers that are used. (Sec. 103) Requires any plan and any health insurance issuer to permit each participant, beneficiary, and enrollee to receive: (1) primary care from any participating primary care provider available to accept such individual; and (2) (unless the plan or issuer clearly declares choice limitations) medically necessary or appropriate specialty care, pursuant to appropriate referral procedures, from any qualified participating provider available to accept such individual for such care. (Sec. 104) Requires any plan or issuer that requires or provides for designation of a participating primary care provider to permit a female participant, beneficiary, or enrollee to designate a participating physician who specializes in obstetrics and gynecology as the individual's primary care provider. Prohibits the plan or issuer, in the absence of such a designation, from requiring authorization or a referral by the individual's primary care provider or otherwise for coverage of routine gynecological care (such as preventive women's health examinations) and pregnancy-related services provided by a participating specialist in obstetrics and gynecology to the extent such care is otherwise covered. Permits a plan or issuer to treat the ordering of other gynecological care by such a participating physician as the primary care provider's authorization of such care. Requires the plan or issuer to refer to an available and accessible specialist any participant, beneficiary, or enrollee with a condition or disease of sufficient seriousness and complexity to require treatment by a specialist, and benefits for such treatment are covered. Requires a plan or issuer to refer an individual to a nonparticipating specialist: (1) only if a participating specialist is not available and accessible; and (2) only at no additional cost to the individual. Requires a plan or issuer to have a procedure by which an individual with an ongoing special condition (life-threatening, degenerative, or disabling) may be referred to a specialist who shall be responsible for and capable of providing and coordinating the individual's primary and specialty care, without referral from the individual's primary care provider. Requires standing referrals to a specialist for any condition requiring ongoing specialist care. (Sec. 105) Prescribes requirements for continuity of care for participants, beneficiaries, or enrollees in the event of a termination of a health care provider or of the contract between a plan and an issuer. (Sec. 106) Prescribes requirements for participation in approved clinical trials of individuals with life-threatening or serious illnesses for which no standard treatment is effective. Prohibits denial of participation in such trials, or discrimination against participants. Limits plan or issuer payments to routine patient costs. (Sec. 107) Requires any plan or issuer that provides prescription drug benefits limited to drugs included in a formulary to: (1) ensure participation of participating physicians and pharmacists in the development of the formulary; (2) disclose to providers, and upon request to participants, beneficiaries, and enrollees, the nature of the formulary restrictions; and (3) consistent with the standards for a utilization review program, provide for exceptions from the formulary limitation when a non-formulary alternative is medically indicated. Prohibits a plan or issuer from denying coverage of such a drug or device on the basis that the use is investigational, if certain labeling requirements are met. (Sec. 108) Requires each plan and issuer to have (in relation to the coverage) a sufficient number, distribution, and variety of qualified participating providers to ensure that all covered health care services, including specialty services, will be available and accessible in a timely manner to all participants, beneficiaries, and enrollees. Permits inclusion among such providers of Federally qualified health centers, rural health clinics, migrant health centers, and other essential community providers located in the service area. Requires inclusion of such providers if necessary to meet such number, distribution, and variety requirements. (Sec. 109) Prescribes nondiscrimination requirements. Subtitle B: Quality Assurance - Directs each plan and issuer to establish an ongoing, internal quality assurance and continuous quality improvement program meeting specified requirements. (Sec. 112) Requires each plan and issuer to: (1) collect uniform quality data, including a minimum uniform data set specified by the Secretary of Health and Human Services; (2) have a written process for the selection of participating health care professionals, including minimum professional requirements; and (3) establish and maintain, as part of any internal quality assurance and continuous quality improvement program including prescription drug benefits, a drug utilization program which encourages appropriate drug use and takes appropriate action to reduce the incidence of improper drug use and adverse drug reactions and interactions. (Sec. 115) Requires each plan and issuer to conduct (or arrange for qualified outside agents to conduct) benefit utilization review activities only in accordance with a utilization review program that meets certain requirements. Prohibits a program from permitting or providing contingent compensation arrangements with its employees, agents, or contractors in a manner that: (1) provides incentives, direct or indirect, for such persons to make inappropriate review decisions; or (2) is based, directly or indirectly, on the quantity or type of adverse determinations rendered. Requires a utilization review program to make determinations and notifications concerning: (1) prior authorization services within three business days after receiving any necessary information; (2) authorization for continued or extended health care services within one business day after receipt of such information; and (3) retrospective review of services previously provided, within 30 days of such receipt. (Sec. 116) Directs the President to establish an advisory board to provide information to Congress and the administration on issues relating to quality monitoring and improvement in the health care provided under group health plans and health insurance coverage. Subtitle C: Patient Information - Specifies benefits, access, emergency coverage, prior authorization, grievance and appeals, and other pertinent information which plans and issuers shall provide to participants and beneficiaries at the time of initial coverage, annually, within a reasonable period before or after the date of significant changes, and upon request. (Sec. 122) Requires plans and issuers to establish procedures to: (1) safeguard the privacy of any individually identifiable enrollee information; (2) maintain records and information in an accurate and timely manner; and (3) assure individuals timely access to such records and information. (Sec. 123) Provides for grants to States for creation and operation of a Health Insurance Ombudsman. Requires any State receiving such a grant to contract for such an Ombudsman with a not-for-profit organization that operates independent of group health plans and health insurance issuers. Requires the Secretary to provide through such a contract for an Ombudsman in any State that does not provide for one. Makes such an Ombudsman responsible to: (1) assist consumers in choosing among health insurance coverage or among coverage options offered within group health plans; and (2) provide counseling and assistance to enrollees dissatisfied with their treatment by issuers and plans, and with respect to grievances and appeals of coverage or plan determinations. Subtitle D: Grievances and Appeals Procedures - Requires each plan and issuer to establish a system for the presentation and resolution of oral and written grievances brought by participants, beneficiaries, or enrollees, or health care providers or other individuals acting on behalf of an individual and with the individual's consent. Requires the system to include grievances regarding access to and availability of services, quality of care, choice and accessibility of providers, network adequacy, and compliance with the requirements of this title. (Sec. 132) Requires each plan and issuer to establish an internal appeals process, and provide for an external appeals process, which meet certain requirements. Specifies the appeal rights of participants, beneficiaries, and their representatives, as well as the kinds of decisions which are appealable. Subtitle E: Protecting the Doctor-Patient Relationship - Prohibits any contract or agreement between a plan or issuer and a health care provider from: (1) prohibiting or restricting the provider from engaging in medical communications with the provider's patient; or (2) containing any provision purporting to transfer to the health care provider by indemnification or otherwise any liability relating to activities, actions, or omissions of the plan, issuer, or agent (as opposed to the provider). Declares null and void any such contract or agreement provisions. (Sec. 142) Prohibits any plan or issuer from operating any physician incentive plan that does not meet certain requirements under title XVIII (Medicare) of the Social Security Act. (Sec. 143) Requires any plan or issuer to establish reasonable procedures relating to the participation of health care professionals, including notice of participation rules, written notice of adverse participation decisions, and a process for appealing adverse decisions. (Sec. 144) Prohibits a plan or an issuer from retaliating against a participant, beneficiary, enrollee, or health care provider based on use of, or participation in, a utilization review or a grievance process. Prohibits a plan or an issuer from retaliating or discriminating against a protected health care professional because the professional in good faith: (1) discloses information relating to the care, services, or conditions affecting one or more participants, beneficiaries, or enrollees to an appropriate public regulatory agency, private accreditation body, or management personnel of the plan or issuer; or (2) initiates, cooperates, or otherwise participates in an investigation or proceeding by such an agency with respect to such care, services, or conditions. Defines good faith action. Subtitle F: Promoting Good Medical Practice - Prohibits a plan or issuer from arbitrarily interfering with or altering the decision of the treating physician regarding the manner or setting in which particular covered services are delivered if they are medically necessary or appropriate for treatment or diagnosis. Allows a plan or issuer to limit the delivery of services to one or more providers within a network. (Sec. 152) Prescribes standards for benefits for certain breast cancer treatments. Prohibits a plan or issuer from restricting benefits for any hospital length of stay: (1) in connection with a mastectomy to less than 48 hours; or (2) in connection with a lymph node dissection for the treatment of breast cancer to less than 24 hours. Prohibits a plan or issuer from requiring a provider to obtain its authorization for prescribing any such length of stay. Permits a discharge before expiration of the minimum length of stay otherwise required, if the decision is made by the attending provider in consultation with the woman involved, or in a case involving a partial mastectomy without lymph node dissection. Prohibits a plan or issuer from: (1) denying to a woman eligibility to enroll or renew coverage solely for the purpose of avoiding the requirements of this title; (2) providing monetary payments or rebates to encourage women to accept less than the minimum protections available under this title; (3) penalizing or otherwise reducing or limiting reimbursement because an attending provider gave care to a participant or beneficiary in accordance with this title; (4) providing incentives (monetary or otherwise) to induce an attending provider to provide care to a participant or beneficiary in a manner inconsistent with this title; or (5) restricting benefits (other than imposing deductibles, coinsurance, or other cost-sharing) for any portion of a period within a required hospital length of stay in a manner less favorable than the benefits provided for any preceding portion of such stay. (Sec. 153) Requires a plan or issuer to provide coverage for reconstructive breast surgery resulting from a mastectomy, including coverage: (1) for all stages of reconstructive breast surgery performed on a nondiseased breast to establish symmetry with the diseased when reconstruction on the diseased breast is performed; and (2) of prostheses and complications of mastectomy, including lymphedema. Prohibits denial of coverage on the basis that it is for cosmetic surgery. Subtitle G: Definitions - Sets forth definitions. Title II: Application of Patient Protection Standards to Group Health Plans and Health Insurance Coverage Under Public Health Service Act - Amends the Public Health Service Act to require each plan and issuer to comply with the patient protection requirements of this Act. (Sec. 202) Requires each health insurance issuer to comply with such requirements with respect to individual health insurance coverage. Title III: Amendments to the Employee Retirement Income Security Act of 1974 - Amends ERISA to require each plan and issuer to comply with the patient protection requirements of this Act. (Sec. 302) Provides that nothing in ERISA shall be construed to invalidate, impair, or supersede any cause of action under State law to recover damages resulting from personal injury or wrongful death against any person (except employers and other plan sponsors): (1) in connection with the provision of insurance, administrative services, or medical services by that person to or for a group health plan; or (2) that arises out of the arrangement by that person for the provision of insurance, administrative services, or medical services by other persons. Allows such an action against an employer or other plan sponsor only if it is based on the employer's or sponsor's exercise of discretionary authority to decide a claim for covered benefits, and such exercise resulted in personal injury or wrongful death. Title IV: Effective Dates; Coordination in Implementation - Sets forth effective dates for provisions of this Act. (Sec. 402) Amends the Health Insurance Portability and Accountability Act of 1996 to provide for coordination in the implementation of this Act.

Bill· SS. 1891 (105th)referred

Patients' Bill of Rights Act of 1998

United States · United States Congress · 31 March 1998

TABLE OF CONTENTS: Title I: Health Insurance Bill of Rights Subtitle A: Access to Care Subtitle B: Quality Assurance Subtitle C: Patient Information Subtitle D: Grievance and Appeals Procedures Subtitle E: Protecting the Doctor-Patient Relationship Subtitle F: Promoting Good Medical Practice Subtitle G: Definitions Title II: Application to Group Health Plans Under the Internal Revenue Code of 1986 Title III: Effective Dates; Coordination in Implementation Patients' Bill of Rights Act of 1998 - Title I: Health Insurance Bill of Rights - Subtitle A: Access to Care - Requires any group health plan, or health insurance coverage offered by a health insurance issuer, providing emergency services benefits to cover emergency services furnished: (1) without the need for any prior authorization determination; (2) whether or not the health care provider furnishing such services is a participating health care provider; and (3) without regard to any other term or condition of such coverage (other than exclusion or coordination of benefits, or an affiliation or waiting period, permitted under the Public Health Service Act, the Employee Retirement Income Security Act of 1974, or the Internal Revenue Code, and other than applicable cost-sharing). (Sec. 101) Requires such coverage in a manner so that, if the emergency services are provided by a nonparticipating health care provider: (1) the participant, beneficiary, or enrollee is not liable for amounts exceeding the liability that would be incurred if the services were provided by a participating provider; and (2) the plan or issuer pays an amount that is not less than the amount paid to a participating provider for the same services. Prescribes the same coverage for maintenance care or post-stabilization care (subject to certain guidelines) by nonparticipating health care providers. (Sec. 102) Requires a plan or coverage that provides benefits only through participating providers to offer a participant the option to purchase point-of-service coverage for benefits provided by a nonparticipating provider, unless the plan offers the participant: (1) a choice of health insurance coverage through more than one health insurance issuer; or (2) two or more coverage options that differ significantly with respect to the use of participating providers or the networks of such providers that are used. (Sec. 103) Requires any plan and any health insurance issuer to permit each participant, beneficiary, and enrollee to receive: (1) primary care from any participating primary care provider available to accept such individual; and (2) (unless the plan or issuer clearly declares choice limitations) medically necessary or appropriate specialty care, pursuant to appropriate referral procedures, from any qualified participating provider available to accept such individual for such care. (Sec. 104) Requires any plan or issuer that requires or provides for designation of a participating primary care provider to permit a female participant, beneficiary, or enrollee to designate a participating physician who specializes in obstetrics and gynecology as the individual's primary care provider. Prohibits the plan or issuer, in the absence of such a designation, from requiring authorization or a referral by the individual's primary care provider or otherwise for coverage of routine gynecological care (such as preventive women's health examinations) and pregnancy-related services provided by a participating specialist in obstetrics and gynecology to the extent such care is otherwise covered. Permits a plan or issuer to treat the ordering of other gynecological care by such a participating physician as the primary care provider's authorization of such care. Requires the plan or issuer to refer to an available and accessible specialist any participant, beneficiary, or enrollee with a condition or disease of sufficient seriousness and complexity to require treatment by a specialist, and benefits for such treatment are covered. Requires a plan or issuer to refer an individual to a nonparticipating specialist: (1) only if a participating specialist is not available and accessible; and (2) only at no additional cost to the individual. Requires a plan or issuer to have a procedure by which an individual with an ongoing special condition (life-threatening, degenerative, or disabling) may be referred to a specialist who shall be responsible for and capable of providing and coordinating the individual's primary and specialty care, without referral from the individual's primary care provider. Requires standing referrals to a specialist for any condition requiring ongoing specialist care. (Sec. 105) Prescribes requirements for continuity of care for participants, beneficiaries, or enrollees in the event of a termination of a health care provider or of the contract between a plan and an issuer. (Sec. 106) Prescribes requirements for participation in approved clinical trials of individuals with life-threatening or serious illnesses for which no standard treatment is effective. Prohibits denial of participation in such trials, or discrimination against participants. Limits plan or issuer payments to routine patient costs. (Sec. 107) Requires any plan or issuer that provides prescription drug benefits limited to drugs included in a formulary to: (1) ensure participation of participating physicians and pharmacists in the development of the formulary; (2) disclose to providers, and upon request to participants, beneficiaries, and enrollees, the nature of the formulary restrictions; and (3) consistent with the standards for a utilization review program, provide for exceptions from the formulary limitation when a non-formulary alternative is medically indicated. Prohibits a plan or issuer from denying coverage of such a drug or device on the basis that the use is investigational, if certain labeling requirements are met. (Sec. 108) Requires each plan and issuer to have (in relation to the coverage) a sufficient number, distribution, and variety of qualified participating providers to ensure that all covered health care services, including specialty services, will be available and accessible in a timely manner to all participants, beneficiaries, and enrollees. Permits inclusion among such providers of federally qualified health centers, rural health clinics, migrant health centers, and other essential community providers located in the service area. Requires inclusion of such providers if necessary to meet such number, distribution, and variety requirements. (Sec. 109) Prescribes nondiscrimination requirements. Subtitle B: Quality Assurance - Directs each plan and issuer to establish an ongoing, internal quality assurance and continuous quality improvement program meeting specified requirements. (Sec. 112) Requires each plan and issuer to: (1) collect uniform quality data, including a minimum uniform data set specified by the Secretary of Health and Human Services; (2) have a written process for the selection of participating health care professionals, including minimum professional requirements; and (3) establish and maintain, as part of any internal quality assurance and continuous quality improvement program including prescription drug benefits, a drug utilization program which encourages appropriate drug use and takes appropriate action to reduce the incidence of improper drug use and adverse drug reactions and interactions. (Sec. 115) Requires each plan and issuer to conduct (or arrange for qualified outside agents to conduct) benefit utilization review activities only in accordance with a utilization review program that meets certain requirements. Prohibits a program from permitting or providing contingent compensation arrangements with its employees, agents, or contractors in a manner that: (1) provides incentives, direct or indirect, for such persons to make inappropriate review decisions; or (2) is based, directly or indirectly, on the quantity or type of adverse determinations rendered. Requires a utilization review program to make determinations and notifications concerning: (1) prior authorization services within three business days after receiving any necessary information; (2) authorization for continued or extended health care services within one business day after receipt of such information; and (3) retrospective review of services previously provided, within 30 days of such receipt. (Sec. 116) Directs the President to establish an advisory board to provide information to Congress and the administration on issues relating to quality monitoring and improvement in the health care provided under group health plans and health insurance coverage. Subtitle C: Patient Information - Specifies benefits, access, emergency coverage, prior authorization, grievance and appeals, and other pertinent information which plans and issuers shall provide to participants and beneficiaries at the time of initial coverage, annually, within a reasonable period before or after the date of significant changes, and upon request. (Sec. 122) Requires plans and issuers to establish procedures to: (1) safeguard the privacy of any individually identifiable enrollee information; (2) maintain records and information in an accurate and timely manner; and (3) assure individuals timely access to such records and information. (Sec. 123) Provides for grants to States for creation and operation of a Health Insurance Ombudsman. Requires any State receiving such a grant to contract for such an Ombudsman with a not-for-profit organization that operates independent of group health plans and health insurance issuers. Requires the Secretary to provide through such a contract for an Ombudsman in any State that does not provide for one. Makes such an Ombudsman responsible to: (1) assist consumers in choosing among health insurance coverage or among coverage options offered within group health plans; and (2) provide counseling and assistance to enrollees dissatisfied with their treatment by issuers and plans, and with respect to grievances and appeals of coverage or plan determinations. Subtitle D: Grievances and Appeals Procedures - Requires each plan and issuer to establish a system for the presentation and resolution of oral and written grievances brought by participants, beneficiaries, or enrollees, or health care providers or other individuals acting on behalf of an individual and with the individual's consent. Requires the system to include grievances regarding access to and availability of services, quality of care, choice and accessibility of providers, network adequacy, and compliance with the requirements of this title. (Sec. 132) Requires each plan and issuer to establish an internal appeals process, and provide for an external appeals process, which meet certain requirements. Specifies the appeal rights of participants, beneficiaries, and their representatives, as well as the kinds of decisions which are appealable. Subtitle E: Protecting the Doctor-Patient Relationship - Prohibits any contract or agreement between a plan or issuer and a health care provider from: (1) prohibiting or restricting the provider from engaging in medical communications with the provider's patient; or (2) containing any provision purporting to transfer to the health care provider by indemnification or otherwise any liability relating to activities, actions, or omissions of the plan, issuer, or agent (as opposed to the provider). Declares null and void any such contract or agreement provisions. (Sec. 142) Prohibits any plan or issuer from operating any physician incentive plan that does not meet certain requirements under title XVIII (Medicare) of the Social Security Act. (Sec. 143) Requires any plan or issuer to establish reasonable procedures relating to the participation of health care professionals, including notice of participation rules, written notice of adverse participation decisions, and a process for appealing adverse decisions. (Sec. 144) Prohibits a plan or an issuer from retaliating against a participant, beneficiary, enrollee, or health care provider based on use of, or participation in, a utilization review or a grievance process. Prohibits a plan or an issuer from retaliating or discriminating against a protected health care professional because the professional in good faith: (1) discloses information relating to the care, services, or conditions affecting one or more participants, beneficiaries, or enrollees to an appropriate public regulatory agency, private accreditation body, or management personnel of the plan or issuer; or (2) initiates, cooperates, or otherwise participates in an investigation or proceeding by such an agency with respect to such care, services, or conditions. Defines good faith action. Subtitle F: Promoting Good Medical Practice - Prohibits a plan or issuer from arbitrarily interfering with or altering the decision of the treating physician regarding the manner or setting in which particular covered services are delivered if they are medically necessary or appropriate for treatment or diagnosis. Allows a plan or issuer to limit the delivery of services to one or more providers within a network. (Sec. 152) Prescribes standards for benefits for certain breast cancer treatments. Prohibits a plan or issuer from restricting benefits for any hospital length of stay: (1) in connection with a mastectomy to less than 48 hours; or (2) in connection with a lymph node dissection for the treatment of breast cancer to less than 24 hours. Prohibits a plan or issuer from requiring a provider to obtain its authorization for prescribing any such length of stay. Permits a discharge before expiration of the minimum length of stay otherwise required, if the decision is made by the attending provider in consultation with the woman involved, or in a case involving a partial mastectomy without lymph node dissection. Prohibits a plan or issuer from: (1) denying to a woman eligibility to enroll or renew coverage solely for the purpose of avoiding the requirements of this title; (2) providing monetary payments or rebates to encourage women to accept less than the minimum protections available under this title; (3) penalizing or otherwise reducing or limiting reimbursement because an attending provider gave care to a participant or beneficiary in accordance with this title; (4) providing incentives (monetary or otherwise) to induce an attending provider to provide care to a participant or beneficiary in a manner inconsistent with this title; or (5) restricting benefits (other than imposing deductibles, coinsurance, or other cost-sharing) for any portion of a period within a required hospital length of stay in a manner less favorable than the benefits provided for any preceding portion of such stay. (Sec. 153) Requires a plan or issuer to provide coverage for reconstructive breast surgery resulting from a mastectomy, including coverage: (1) for all stages of reconstructive breast surgery performed on a nondiseased breast to establish symmetry with the diseased when reconstruction on the diseased breast is performed; and (2) of prostheses and complications of mastectomy, including lymphedema. Prohibits denial of coverage on the basis that it is for cosmetic surgery. Subtitle G: Definitions - Sets forth definitions. Title II: Application to Group Health Plans Under the Internal Revenue Code of 1986 - Amends the Internal Revenue Code to require a group health plan to comply with this Act. Deems this Act to be incorporated into the Internal Revenue Code. Title III: Effective Dates; Coordination in Implementation - Sets forth effective dates for provisions of this Act.