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Bill· SS. 833 (106th)referred
United States · United States Congress · 20 April 1999
Amends the Public Health Service Act to make technical corrections with respect to health professions student loan default payments to Federal loan insurance beneficiaries.
Bill· SS. 840 (106th)referred
United States · United States Congress · 20 April 1999
Amends bankruptcy provisions to prescribe guidelines for disposal of the patient records of a health care business (including a hospital, a health maintenance organization, or a nursing home) that commences a proceeding for debtor relief. Provides for disposal with a State or Federal agency, the patient or an insurance provider, or by destruction. (Sec. 3) Allows an administrative expense claim for the costs of closing a health care business, including disposal of patient records and transfer of patients to another health care business. (Sec. 4) Requires the bankruptcy court to appoint an ombudsman to represent the interests of the patients of a health care business within 30 days after commencement of a case under chapter 7 (Liquidation), 9 (Adjustment of Debts of a Municipality), or 11 (Reorganization). (Sec 5.) Requires the bankruptcy trustee to use all reasonable and best efforts to transfer patients from the health care business in the process of being closed to an appropriate substitute.
Bill· SS. 836 (106th)referred
United States · United States Congress · 20 April 1999
Access to Women's Health Care Act of 1999 - States that a group health plan or a health insurance issuer, in the case of a woman who has not chosen a primary care provider who is an obstetrics-gynecology specialist: (1) may not require primary care provider referral for gynecological care and pregnancy-related services; and (2) may treat the ordering by such specialist of additional obstetrical and gynecological care as authorization by the primary care provider. Prohibits a plan or issuer from taking specified actions to limit membership or reduce access to or use of obstetrics and gynecological services. Amends the Public Service Act, as amended by the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (including the individual market), the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to require compliance with such obstetrics and gynecological access provisions.
Bill· HRH.R. 1483 (106th)referred
United States · United States Congress · 20 April 1999
Medicare Nursing and Paramedical Education Act of 1999 - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act to exclude nursing and paramedical education costs from the calculation of payment adjustments to the annual area-specific Medicare+Choice capitation rate for each Medicare+Choice payment area. Provides that, in determining the payment of reasonable costs for approved nursing and paramedical education programs to a hospital for portions of cost reporting periods occurring on or after January 1, 2000, individuals who are enrolled with a Medicare+Choice organization shall be treated as if they were not so enrolled.
Bill· HRH.R. 1495 (106th)open
United States · United States Congress · 20 April 1999
Access to Prescription Medications in Medicare Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for coverage of certain covered outpatient prescription drugs (including insulin) and biological products, including those that are also prescribable but are available over-the-counter, under Medicare part B (Supplementary Medical Insurance) for enrolled part B beneficiaries. (Sec. 3) Establishes and outlines the administrative structure for implementing such new Medicare part B coverage, including requiring the Secretary of Health and Human Services to establish: (1) competitive bidding procedures for contracting with appropriate private sector service providers meeting specified requirements (including requirements to use cost-containment mechanisms such as formularies) to furnish such new Medicare part B benefits, which consist of a basic benefit package and a stop-loss benefit; and (2) a process for providing payments to eligible group health plans on behalf of such enrolled beneficiaries. Imposes certain cost-sharing requirements, with the stop-loss benefit limiting an enrollee's out-of-pocket expenses, and provides for appropriate outreach activities as well as protection of patient confidentiality. (Sec. 4) Permits the Secretary to make payments, subject to specified requirements, to enrollee group health insurance retiree plans providing drug coverage that is equivalent to or greater than the new Medicare part B coverage provided for by this Act while also permitting such enrollees receiving group coverage to continue to receive such coverage under the plan. (Sec. 5) Revises Medicare supplemental health insurance (Medigap) policy requirements with regard to this Act's mandated coverage of certain covered outpatient prescription drugs and biological products to require that an appropriate number of Medigap policies provide complementary, non-duplicative coverage in line with such mandated coverage. (Sec. 6) Amends SSA title XIX (Medicaid) with regard to Medicaid assistance for low-income individuals to modify State Medicaid plan requirements to: (1) increase (from 120 percent to 135 percent of the poverty level) the income eligibility level to qualify for certain Medicare cost-sharing with regard to monthly Medicare part B premiums; and (2) provide for Medicaid prescription drug benefits for qualified Medicare beneficiaries and others as a wrap- around benefit. (Sec. 7) Directs the Secretary to provide for waiver of the additional portion of the Medicare part B premium attributable to the prescription drug coverage mandate of this Act for certain Medicare beneficiaries already having actuarially equivalent drug coverage. Excludes from such waiver a group health plan enrollee if the plan receives payments for such enrollee under this Act. (Sec. 8) Amends SSA title XVIII to: (1) eliminate the time limitation on Medicare benefits for immunosuppressive drugs; (2) require Medicare secondary payer provisions with regard to individuals with end stage renal disease be applied without regard to any time limitation with regard to immunosuppressive drugs furnished on or after this Act's enactment; and (3) increase the membership of the Medicare Payment Advisory Commission by two members, with their initial terms staggered, as well as add to the qualifications for membership. (Sec. 10) Directs the Comptroller General to study and report to Congress with regard to the competitive bidding process for selecting service providers under this Act to furnish certain covered outpatient prescription drugs and biological products, including an analysis of any savings to Medicare as a result of this new Medicare part B benefit.
Bill· HRH.R. 1496 (106th)referred
United States · United States Congress · 20 April 1999
TABLE OF CONTENTS: Title I: Affordable Health Coverage for Employees of Small Businesses Title II: Deduction for Health Insurance Costs of Self-Employed Individuals Small Business Access and Choice for Entrepreneurs Act of 1999 - Title I: Affordable Health Coverage for Employees of Small Businesses - Amends the Employee Retirement Income Security Act of 1974 to establish rules governing health plans sponsored by certain associations, including requirements for: (1) certification; (2) sponsors and boards of trustees, and treatment of franchised networks and collectively bargained plans; (3) participation and coverage of employers and individuals and of previously uninsured employees; (4) plan documents, contribution rates, and benefit options; (5) maintenance of reserves, excess-stop loss insurance, and solvency indemnification for plans providing health benefits in addition to health insurance coverage; (6) applications and related reporting; (7) notice for voluntary termination; and (8) corrective actions and mandatory termination. (Sec. 101) Directs the Secretary of Labor to apply, to the appropriate Federal district court, to be appointed trustee of certain insolvent association health plans which provide health benefits in addition to health insurance coverage. Allows a State to impose a contribution tax on an association health plan that begins operations in such State after the enactment of this Act. (Sec. 102) Revises requirements for treatment of single employer arrangements. (Sec. 103) Revises requirements for certain collectively bargained arrangements. (Sec. 104) Sets forth enforcement requirements relating to association health plans. (Sec. 105) Sets forth State responsibilities, and requirements for cooperation between Federal and State authorities, with respect to association health plans. (Sec. 106) Prescribes special rules for certain existing health benefits programs. Title II: Deduction for Health Insurance Costs of Self-Employed Individuals - Amends the Internal Revenue Code to increase the amount allowed as a tax deduction for health insurance costs of self-employed individuals.
Bill· SS. 824 (106th)open
United States · United States Congress · 15 April 1999
TABLE OF CONTENTS: Title I: Voluntary State Reform Incentive Grants Title II: Ensuring that Children Begin School Ready to Learn Title III: Excellent Principals Challenge Grant Title IV: Second Chance Programs for Disruptive or Violent Students Title V: Teacher Quality and Training Title VI: Investment in Community-Based Schools and Community Service Title VII: Encouraging Public School Choice Comprehensive School Improvement and Accountability Act of 1999 - Sets forth eligibility requirements for States and local educational agencies (LEAs) to receive assistance under specified titles of this Act and under specified parts, added by this Act, of title XIII (Support and Assistance Programs to Improve Education) of the Elementary and Secondary Education Act of 1965 (ESEA). (Sec. 3) Requires a State educational agency (SEA), consortium of SEAs, or State to: (1) specify to the Secretary of Education how receipt of Federal funds will lead to school improvements, such as increasing student academic achievement, reducing out-of-field teacher placements, increasing teacher retention, and reducing the number of emergency teaching certificates; (2) conduct an annual evaluation to determine whether or not such improvements have occurred; (3) if the improvements have not occurred, specify to the Secretary what steps will be taken in the future to ensure the improvements; and (4) cover administrative expenses of the assisted activities. Requires LEAs, in order to be eligible for such funds, to: (1) serve low-achieving students as measured by low graduation rates or low scores on assessment exams; (2) have a low teacher retention rate in their schools; (3) have a high rate of out-of-field placement of teachers in their schools; and (4) have a shortage of teachers of mathematics or physical science in their schools. Title I: Voluntary State Reform Incentive Grants - Directs the Secretary to award grants to SEAs to enable the States to provide for comprehensive school reforms. (Sec. 101) Requires SEAs to use such funds to award competitive grants to LEAs to provide funds to schools to carry out activities relating to comprehensive school reform, including: (1) professional development and training of teachers, administrators, staff and parents; (2) use of expert technical assistance; (3) instructional materials development and acquisition; and (4) parent and community outreach programs. Sets forth requirements for: (1) components of a comprehensive school reform program; (2) State and local grant applications; (3) non-Federal matching funds. Authorizes and makes appropriations for FY 2000 through 2004 to carry out this title. Directs the Secretary to reserve one percent of such funds for each fiscal year for schools that receive funding from the Bureau of Indian Affairs. (Sec. 102) Extends through FY 2004 the authorization of appropriations for ESEA title I (Helping Disadvantaged Children Meet High Standards). Increases the amount of such funding for each fiscal year from FY 2000 through 2004. Title II: Ensuring that Children Begin School Ready to Learn - Directs the Secretary to make allotments to eligible States to pay for the Federal share of the cost of enabling the States to make grants to local collaboratives for young child assistance activities. (Sec. 202) Bases such allotment amounts on the relative total numbers of young children in poverty in the eligible States. Requires a State Governor, in order for a State to be eligible for such an allotment, to establish or designate a State Early Learning Coordinating Board to receive the allotment and make such grants. (Sec. 203) Requires such State boards to use the Federal allotment and the State contribution to make competitive grants to local collaboratives to carry out young child assistance activities. Requires local collaboratives to use such grant funds to provide, in their communities, education and supportive services, such as: (1) home visits for parents of young children; (2) services provided through community-based family resource centers for such parents; and (3) collaborative pre-school efforts that link parenting education for such parents to early childhood learning services for young children. Allows local collaboratives to use such funds also for: (1) activities designed to strengthen the quality of child care for young children and expand the supply of high quality child care services for young children; (2) health care services for young children, including immunization, preventive health care screening and education, and expanding health care services in schools, child care facilities, clinics in public housing projects, and mobile dental and vision clinics; (3) services for young children with disabilities; (4) assistance to schools in providing educational and other support services to young children and their parents of young children to be carried out in the community during extended hours when appropriate; and (5) payment for the administrator's salary and expenses. Allows multiyear grants to successful local collaboratives. Sets forth eligibility demonstration, grant application, and local share requirements for local collaboratives. Requires State boards to: (1) ensure that at least 60 percent of the funds made available through each grant is used to provide the specified assistance activities to young children and their parents who reside in school districts in which half or more of the students receive free or reduced price lunches under the National School Lunch Act; and (2) monitor local collaborative activities to ensure compliance with grant requirements. (Sec. 204) Authorizes and makes appropriations for FY 2000 through 2004. Title III: Excellent Principals Challenge Grant - Directs the Secretary to award grants to eligible SEAs or SEA consortia to enable them to award subgrants to LEAs for professional development services for public elementary school and secondary school principals to enhance their leadership skills. Requires criteria for such grant awards to include: (1) the quality of the proposed use of the grant funds; and (2) the educational need of the State or States. (Sec. 301) Sets forth requirements for SEA or consortium eligibility, applications, and matching funds. Requires grant funds to be used for training and other activities to increase the leadership and other skills of principals. Allows such activities to include ones to: (1) enhance and develop school management and business skills; (2) provide principals with knowledge of effective instructional skills and practices and comprehensive whole-school approaches and programs; (3) improve understanding of the effective uses of educational technology; (4) provide training in effective, fair evaluation of school staff; and (5) improve knowledge of State content and performance standards. Authorizes the Secretary to develop model national programs to provide such activities to principals. Requires the Secretary to appoint a commission to examine existing professional development programs and to report on the best practices to help principals in multiple education environments across the United States. Authorizes and makes appropriations for FY 2000 through 2004. Title IV: Second Chance Programs for Disruptive or Violent Students - Amends ESEA title XIII (Support and Assistance Programs to Improve Education) to establish a new part E, Second Chance Programs for Disruptive or Violent Students. (Sec. 401) Directs the Secretary to make grants to SEAs to enable them to provide financial assistance to LEAs for programs or projects designed to meet the educational needs of violent or disruptive students, including the training of school personnel in the education of such students. Sets forth requirements for: (1) State and local applications; (2) use of funds; (3) local eligibility based on enactment and implementation of a specified type of discipline code; and (3) relative amount of each State grant. Provides that nothing in such part E shall be construed to: (1) prohibit a funds recipient from serving disruptive or violent students simultaneously with students with similar educational needs, in the same educational settings where appropriate; or (2) restrict or eliminate any protection provided for in the Individuals with Disabilities Education Act with respect to students with disabilities. Authorizes and makes appropriations for FY 2000 through 2004. Title V: Teacher Quality and Training - Amends ESEA title XIII to establish a new part F, Increasing Salaries for Teachers. (Sec. 501) Directs the Secretary to make grants to eligible SEAs to enable them to increase the salaries of teachers in elementary schools and secondary schools. Directs the Secretary to make grants to eligible States to provide incentives, such as signing bonuses, to encourage individuals to accept employment as teachers in elementary schools and secondary schools that are served by LEAs that meet specified eligibility requirements under this Act. Authorizes and makes appropriations for FY 2000 through 2004 to carry out such teacher salary increase and signing bonus grant programs. (Sec. 502) Amends the Higher Education Act of 1965 (HEA) to add a new subpart 9, Scholarships for Future Teachers, to title IV (Student Assistance) part A (Grants to Students in Attendance at Institutions of Higher Education). Authorizes the Secretary to make grants to States to award scholarships to individuals who have demonstrated outstanding academic achievement and make a commitment to become State certified teachers for a five-year period in elementary schools or secondary schools served by LEAs that meet specified eligibility requirements. Requires such scholarships to be awarded for between one and four years during the first four years of study at any institution of higher education eligible to participate in any program assisted under ESEA title IV. Gives the administering SEA discretion to determine the period of the award within such specified limits. Allows a student awarded such a scholarship to attend any institution of higher education. Sets forth requirements for allocation of grant amounts among States, agreements between the Secretary and participating States, eligibility and selection of scholars, scholarship conditions, recruitment, and information. Authorizes and makes appropriations to carry out such grants program for scholarships for future teachers. (Sec. 503) Amends HEA title II (Academic Libraries and Information Services) to revise and extend the authorization of appropriations for such title. (Sec. 504) Extends through FY 2004 the authorization of appropriations for, and revises, HEA title IV provisions for loan forgiveness and cancellation for teachers under the Federal Stafford loans and the direct loan programs. (Sec. 505) Includes teacher mentoring programs among authorized uses of teacher quality enhancement grants to States and partnerships. (Sec. 506) Adds teacher technology training as a focal point or authorized activity under various ESEA title I and II programs, including school improvement, professional development, national teacher training project, local plans for improving teaching and learning, and certain higher education activities. Title VI: Investment in Community-Based Schools and Community Service - Amends ESEA title X (Programs of National Significance) part I (21st Century Community Learning Centers) (also known as the 21st Century Community Learning Centers Act) to add to the list of activities from which grant uses must be chosen: (1) mentoring programs; (2) academic assistance; and (3) drug, alcohol, and gang prevention activities. Extends through FY 2004, and increases the amount of, the authorization of appropriations for such Centers programs. (Sec. 602) Directs the Secretary to award grants to SEAs for programs to help students meet State secondary education graduation requirements relating to community service. Sets forth requirements for use of funds and for matching funds. Authorizes and makes appropriations for FY 2000 through 2004 for such grants program. Title VII: Expanding National Board Certification Program for Teachers - Directs the Secretary to award grants to States to provide subsidies to elementary and secondary school teachers who enroll in the certification program of the National Board for Professional Teaching Standards. Authorizes and makes appropriations for FY 200 through 2004 for such program. Title VIII: Encouraging Public School Choice - Directs the Secretary to award grants to States to implement statewide public school choice programs, under which elementary and secondary school students who attend a school that meets specified eligibility requirements may enroll in any public school of their choice. Allows such grants to be used also: (1) to improve low-performing school districts that lose students as a result of such program; and (2) for other activities the State determines appropriate. Authorizes and makes appropriations for FY 2000 through 2004 for such program.
Bill· SS. 823 (106th)referred
United States · United States Congress · 15 April 1999
TABLE OF CONTENTS: Title I: Food Safety Activities Subtitle A: Processed produce Subtitle B: Raw Agricultural Commodities Title II: Research and Education Title III: Imported Food Fruit and Vegetable Safety Act - Title I: Food Safety Activities - Directs the Secretary of Health and Human Services to administer a national program to ensure the consumer safety of processed produce and raw agricultural commodities. Subtitle A: Processed Produce - Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary to: (1) issue standards for good manufacturing practices for processed produce; and (2) provide for processor inspections. (Sec. 113) Provides for Federal-State cooperative activities. Subtitle B: Raw Agricultural Commodities - Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary to: (1) issue standards for good manufacturing practices for raw agricultural commodity production; and (2) provide for facility inspections. Title II: Research and Education - Directs the Commissioner of Food and Drugs to: (1) establish a system, including public health sampling, to assess the frequency and sources of human illness in the United States associated with produce consumption; (2) implement a national public education program on produce (food) safety; and (3) conduct related research. Authorizes the Commissioner to contract for such services. Title III: Imported Food - Amends the Federal Food, Drug, and Cosmetic Act, as amended by this Act, to set forth criteria for deeming imported processed produce or raw agricultural commodities as adulterated.
Bill· SS. 805 (106th)referred
United States · United States Congress · 15 April 1999
Children's Asthma Relief Act of 1999 - Amends title V (Maternal and Child Health Services) of the Social Security Act (SSA) to establish an asthma treatment grants program providing comprehensive asthma services for children and other individuals. Authorizes appropriations. Directs the Secretary of Health and Human Services to encourage States to implement plans to carry out activities to assist children with respect to asthma in accordance with the guidelines of the National Asthma Education and Prevention Program and the National Heart, Lung, and Blood Institute (Institute). Provides that if a State CHIP plan under SSA title XXI (Children's Health Insurance) (CHIP) provides for such activities to the Secretary's satisfaction, the Secretary shall make a grant to assist the State in carrying them out. Sets forth certain matching funds requirements. Authorizes appropriations. Amends the Public Health Service Act to include, within the preventive health and health services block grant, any systems for reducing asthma and asthma-related illnesses, especially with regard to children, through urban cockroach pest management in public facilities that minimizes or avoids chemical pesticides through a combination of appropriate practices involving the maintenance, cleaning, and monitoring of such sites. Directs the Institute Director to: (1) identify all Federal programs carrying out asthma-related activities; (2) develop a Federal plan for responding to asthma; and (3) submit recommendations to Congress on ways to strengthen and to improve the coordination of such activities. Authorizes appropriations. Requires the Director of the Centers for Disease Control and Prevention to: (1) conduct local asthma surveillance activities to collect data on the prevalence and severity of asthma and the quality of asthma management; and (2) compile and publish annually data on the prevalence of children suffering from asthma in each State, and the childhood mortality rate associated with asthma nationally and in each State.
Bill· SS. 818 (106th)referred
United States · United States Congress · 15 April 1999
Safe Seniors Assurance Study Act of 1999 - Directs the Secretary of Health and Human Services to do the following: (1) study and report to Congress on the mortality and adverse outcome rates of Medicare (title XVIII of the Social Security Act) patients related to the provision of anesthesia services; and (2) consider study results in promulgating regulations under Medicare relating to physician supervision of anesthesia services.
Bill· HRH.R. 1455 (106th)referred
United States · United States Congress · 15 April 1999
QMB Improvement Act of 1999 - Amends part A (General Provisions) of title XI of the Social Security Act (SSA), as well as SSA title XIX (Medicaid) and the Internal Revenue Code, to establish a mechanism for promoting the provision of Medicare (SSA title XVIII) cost-sharing assistance under Medicaid to eligible low-income Medicare beneficiaries.
Bill· HRH.R. 1445 (106th)referred
United States · United States Congress · 15 April 1999
Fragile X Research Breakthrough Act of 1999 - Amends the Public Health Service Act to require the Director of the National Institute of Child Health and Human Development to: (1) expand, intensify, and coordinate the Institute's activities respecting research on the disease known as fragile X; (2) make grants to, and enter into contracts with, public or nonprofit private entities for the development and operation of at least three centers to conduct research for improving the diagnosis and treatment of, and finding the cure for, fragile X. Requires each such center assisted to conduct basic and clinical research, which may include clinical trials of new or improved diagnostic methods and drugs or other treatment approaches. Allows such centers to use grant funds provided under this Act to provide fees to individuals serving as subjects in clinical trials. Requires the Director to provide for the coordination of the centers' activities, including the exchange of information. Requires each center to use the facilities of a single institution, or be formed from a consortium of cooperating institutions. Allows support to be provided to a center for a period not exceeding five years with authorized extensions. Authorizes appropriations. Directs the Secretary of Health and Human Services to establish a program under which the Federal Government enters into contracts with qualified health professionals who agree to conduct research on fragile X in consideration of the Government's agreement to repay, for each year of such service, no more than $35,000 of the principal and interest of the educational loans owed by such health professionals. Authorizes appropriations.
Bill· SS. 796 (106th)open
United States · United States Congress · 14 April 1999
Mental Health Equitable Treatment Act of 1999 - Amends the Employee Retirement Income Security Act of 1974 and the Public Health Service Act to prohibit certain employee group health plans or related insurance coverages providing both medical-surgical and health benefits from imposing, in the absence of comparable medical-surgical limits: (1) mental health inpatient and outpatient benefit limits; and (2) limits on benefits for severe biologically based mental illnesses.
Bill· SS. 794 (106th)open
United States · United States Congress · 14 April 1999
Hospital Length of Stay Act of 1999 - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to require that group and individual health insurance coverage, as well as Medicare supplemental insurance policies and managed care plans under Medicare and Medicaid, provide coverage for hospital lengths of stay as determined by the attending health care provider in consultation with the patient. Applies these requirements also to care provided under: (1) the Federal Employees Health Benefits Program; (2) programs of medical care for members and certain former members of the uniformed services and their dependents; (3) veterans' hospital care provisions; (4) the State Children's Health Insurance Program under title XXI of the Social Security Act; (5) Indian Health Service and tribal organization programs; and (6) provisions for health care of Peace Corps volunteers.
Bill· HRH.R. 1401 (106th)open
United States · United States Congress · 14 April 1999
TABLE OF CONTENTS: Title I: Procurement Subtitle A: Authorization of Appropriations Subtitle B: Multi-Year Contract Authorizations Title II: Research, Development, Test, and Evaluation Title III: Operation and Maintenance Title IV: Military Personnel Authorizations Subtitle A: Active Forces Subtitle B: Reserve Forces Subtitle C: End and Grade Strength Management Title V: Military Personnel Policy Subtitle A: Officer Personnel Policy Subtitle B: Matters Relating to Reserve Components Subtitle C: Military Education and Training Subtitle D: Uniform Code of Military Justice Title VI: Compensation and Other Personnel Benefits Subtitle A: Pay and Allowances Subtitle B: Bonuses and Special and Incentive Pays Subtitle C: Extension of Certain Bonuses and Special Pays Subtitle D: Military Retired Pay Subtitle E: Other Matters Title VII: Health Care Provisions Title VIII: Acquisition Policy, Acquisition Management, and Related Matters Title IX: Department of Defense Organization and Management Subtitle A: Organization Subtitle B: Service Academy Management Subtitle C: Personnel Management Title X: General Provisions Subtitle A: Financial Matters Subtitle B: Foreign Nations Subtitle C: Department of Defense Schools Subtitle D: Other Matters Division B: Military Construction Authorizations Title XXI: Army Title XXII: Navy Title XXIII: Air Force Title XXIV: Defense Agencies Title XXV: North Atlantic Treaty Organization Security Investment Program Title XXVI: Guard and Reserve Forces Facilities Title XXVII: Expiration and Extension of Authorizations Title XXVIII: General Provisions Subtitle A: Military Construction Program and Military Family Housing Subtitle B: Real Property and Facilities Administration Subtitle C: Defense Base Closure and Realignment National Defense Authorization Act for Fiscal Years 2000 and 2001 - Title I: Procurement - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 2000 and 2001 to the Army, Navy and Marine Corps, and Air Force for aircraft, missiles, weapons and tracked combat vehicles, ammunition, shipbuilding and conversion, and other procurement. (Sec. 104) Authorizes appropriations for FY 2000 and 2001 for: (1) defense-wide procurement; (2) the Defense Inspector General; (3) the Defense Health Program; and (4) the chemical demilitarization program. Subtitle B: Multi-Year Contract Authorizations - Authorizes the use of multiyear procurement contracts for specified Army and Navy aircraft, vehicles, ammunition, and equipment. Title II: Research, Development, Test, and Evaluation - Authorizes appropriations for FY 2000 and 2001 for the armed forces for research, development, test, and evaluation. Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 2000 and 2001 for operation and maintenance (O&M) for the armed forces and specified activities and agencies of the Department of Defense (DOD). (Sec. 302) Authorizes appropriations for FY 2000 and 2001 for: (1) working capital and revolving funds; and (2) the Armed Forces Retirement Home. (Sec. 304) Authorizes the transfer of up to $150 million from the National Defense Stockpile Transaction Fund to specified military O&M accounts for FY 2000. (Sec. 305) Authorizes the Secretary of Defense (Secretary) to pay inspection and monitoring expenses of international inspectors from the Technical Secretariat of the Organization for the Prohibition of Chemical Weapons. Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - Sets forth the authorized end strengths for active-duty forces as of the end of FY 2000 and 2001. Subtitle B: Reserve Forces - Sets forth the authorized end strengths as of the end of FY 2000 and 2001 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves. (Sec. 413) Sets forth the authorized end strengths as of the end of FY 2000 and 2001 for military technicians (dual status) and military technicians (non-dual status). (Sec. 415) Increases the number of certain officers and enlisted personnel authorized to serve on active duty in support of the reserves. Subtitle C: End and Grade Strength Management - Prohibits DOD funds from being used to implement a reduction of active-duty end strengths for any of the armed forces for any fiscal year below the number currently required to support two major regional contingencies simultaneously unless the Secretary notifies Congress of such proposal and a justification. (Sec. 417) Authorizes the Secretary to increase the end strengths for Selected Reserve personnel by up to two percent. (Sec. 418) Makes permanent (currently terminates at the end of FY 2000): (1) the authority to exempt certain senior joint officer positions from officer end strength limitations; and (2) the requirement for each military department Secretary to submit to the Secretary the name of an officer to serve in a vacant senior joint officer position. (Sec. 419) Exempts from Air Force officer end strength limitations an officer appointed to the position of Commander in Chief of the United States Transportation Command or United States Space Command. Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy - Removes the requirement that active-duty or retired officers serving on boards of inquiry be serving on active duty in a grade above lieutenant colonel or commander, but requires one board member to be above such grade. Requires remaining board members to be in grades above major or lieutenant commander. (Sec. 502) Limits to no less than three or more than five the number of officers to be recommended by the Secretary of each military department for vacant positions for Judge Advocate General and Assistant (or Deputy) Judge Advocate General of each military department. (Sec. 503) Requires the following positions (currently designated simply as critical acquisition positions) to be assigned for no fewer than three years: program or deputy program managers for a significant nonmajor defense acquisition program; program executive officers; general or flag officer or the civilian equivalent; and senior contracting official. (Sec. 504) Authorizes a promotion selection board to recommend for promotion an officer from below the promotion zone for that position when the number of officers recommended is less than one. Subtitle B: Matters Relating to Reserve Components - Authorizes the Secretary of the military department concerned to delay the separation or retirement of a reserve officer until the completion of court-martial disciplinary proceedings. (Sec. 511) Authorizes the Secretary concerned, with the consent of the member, to order a reserve member to active duty to complete a required DOD health care study. (Sec. 512) Makes ineligible for promotion a reserve officer serving in an educational delay status in order to attend an approved educational institution to receive advanced training, when such training is subsidized by the military department concerned. Makes this section retroactive in the case of officers not promoted due to such status between October 1, 1996, and the date of enactment of this Act. (Sec. 513) Requires a major or lieutenant commander who has twice failed to be selected for promotion to be removed from the reserve active status list on the later of the first day of the month after such member completes 20 years of service (current law) or seven months after the President approves the report of the board which considered such officer for the second time. (Sec. 514) Excludes from the computation of creditable years of service for a reserve officer service as a reserve commissioned officer while in a program of advanced education to receive the first professional degree required for appointment, designation, or assignment within various military medical specialties, or as a chaplain or judge advocate, provided such service occurs before the officer commences initial active or reserve service in the specialty that results from such degree. (Sec. 515) Authorizes the Secretary concerned to retain reserve component chaplains until age 67 (currently 60). (Sec. 516) Authorizes reserve personnel to travel in a space required status on military aircraft between home and place of inactive duty training, or place of duty in lieu of unit training assembly, when there is no road or rail transportation between such locations. (Sec. 517) Prohibits civil employment for regular and reserve officers serving on active duty under a call or order for a period in excess of 270 (currently 180) days. Subtitle C: Military Education and Training - Makes permanent (currently terminates September 30, 1999) the authority of the Secretary concerned to allow graduate students to receive financial assistance under the Reserve Officers' Training Corps (ROTC) program. (Sec. 521) Revises generally provisions concerning the award of reserve service credit for participation in the Armed Forces Health Professions Scholarship and Financial Assistance program. (Sec. 522) Allows tuition reimbursement and training allowances provided to acquisition personnel to be for the full amount of expenses and training incurred. (Sec. 523) Provides the authorized grade for an individual serving as a dean of the United States Military Academy or United States Air Force Academy. (Sec. 524) Authorizes the Commandant of the United States Army War College to confer the degree of master of strategic studies. (Sec. 525) Authorizes the Commander of the Air University to confer the degrees of master of strategic studies and master of military operational art and science. (Sec. 526) Authorizes the Secretary of the Navy to provide up to $5,200 yearly in financial assistance to certain members of the Marine Corps Reserve for completion of: (1) baccalaureate degree requirements in an educational program that takes less than five years to complete; or (2) doctor of jurisprudence or bachelor of laws degree requirements in programs that take no more than three years to complete. Outlines eligibility requirements, including selection as an officer candidate in the Marine Corps Platoon Leader's Class Program and completion of at least six weeks of military training. Requires graduates to serve at least five years of active duty upon graduation. Prohibits more than 1,200 individuals from participating in such program at any one time. Provides for the computation of creditable service for officers serving in such positions. Subtitle D: Uniform Code of Military Justice - Amends the Uniform Code of Military Justice (UCMJ) to authorize special courts-martial to adjudge and execute punishments which include confinement for up to one year (currently six months). (Sec. 531) Reduces from 0.10 to 0.08 the blood-alcohol content for determining the UCMJ offense of drunken operation of a vehicle, aircraft, or vessel. Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - Waives any FY 2000 military pay increases tied to increases in the General Schedule of Compensation for Government employees. Increases by 4.4 percent, effective on January 1, 2000, the rates of basic pay for military personnel. Subtitle B: Bonuses and Special and Incentive Pays - Authorizes enlistment bonuses to be paid in a lump-sum (currently, only installments). Increases from $12,000 to $20,000 the authorized one-time bonus for enlisting for at least a four-year period. (Sec. 613) Reduces from 21 to 17 the months of continuous active duty service required for a member to be eligible (among other requirements) for a reenlistment bonus. Increases the amount of such bonus to the lesser of 15 (currently, ten) times the amount that the member was entitled to at the time of original separation or discharge multiplied by the number of agreed-upon years of additional service, or $60,000 (currently, $45,000). (Sec. 614) Authorizes payment of a prior service enlistment bonus to members of the Selected Reserve attaining or occupying positions designated as critically short. (Sec. 615) Requires air battle managers entitled to the payment of aviation career incentive pay to receive the higher of such pay or the amount they were receiving prior to such entitlement. (Sec. 617) Authorizes the payment of career enlisted flyer incentive pay to enlisted personnel who: (1) are entitled to basic pay or inactive training duty pay; (2) hold or are in training for a career enlisted occupational or flyer specialty; (3) are qualified for aviation service; and (4) engage or remain in such service on a career basis. Outlines operational flying duty requirements. Provides the monthly amounts of such pay, which increases with the years of creditable aviation service performed. Provides for a proportionate share of such pay for reserve members performing inactive duty training involving aviation. Prohibits such pay for members already receiving either hazardous duty incentive pay or diving duty special pay. (Sec. 618) Increases the diving duty special pay and the foreign language proficiency special pay. (Sec. 620) Authorizes the payment of surface warfare officer continuation pay to such officers who agree to remain on active duty to complete tours of duty to which such officers may be ordered as a department head afloat. Limits such amount to $50,000, requiring pro rata repayment for tours not completed. (Sec. 622) Authorizes special pay for certain special warfare officers who agree to remain on active duty in such service for at least one additional year. Limits such pay to $10,000 for each additional year. Terminates on September 30, 2001, the authority to enter into such agreements. Requires a pro rata repayment for additional periods not completed. (Sec. 623) Increases certain bonuses and special pay provided to nuclear-qualified officers. Subtitle C: Extension of Certain Bonuses and Special Pays - Extends through FY 2001 specified authorities currently scheduled to expire at the end of 1999 with respect to certain special pay and bonus programs within the regular and reserve armed forces. Subtitle D: Military Retired Pay - Repeals a reduction in retired pay currently required for individuals who first became members of the armed forces after July 31, 1986, and retired with less than 30 years of retirement-creditable service. Revises the annual cost-of-living adjustment applicable to such retired pay. Subtitle E: Other Matters - Authorizes the lump-sum payment of accrued unused annual leave upon a member's reenlistment into the armed forces. (Sec. 641) Authorizes the use of any airport in the United States at which travel can be arranged at the lowest cost in connection with emergency leave travel for military personnel. (Currently, only travel from the closest airport is authorized.) (Sec. 642) Authorizes the use of appropriated funds to provide contract quarters as lodging in kind for reservists performing active duty for training or inactive-duty training. (Sec. 643) Provides limited authority for the Secretary concerned to delegate the authority to waive operational flying duty requirements. (Sec. 644) Authorizes the Secretary concerned to provide tuition assistance for members deployed in a contingency operation or similar operational mission. (Sec. 645) Authorizes the payment of temporary lodging expenses of members making their first permanent change of duty station. (Sec. 646) Requires the continuation of authorized pay and allowances for a member listed under a "whereabouts unknown" duty status. (Sec. 647) Changes from annually to biennially a required report concerning operation of the educational assistance program for reserve personnel. Title VII: Health Care Provisions - Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to direct the Secretary, in the administration of health care contracts and programs, to implement program benefit and administrative changes at the start of each fiscal year rather than throughout the year, except when the Secretary determines that such changes would significantly improve health services to eligible beneficiaries. Authorizes the Secretary, under certain circumstances, to defer for up to one year the schedule implementation for a new health care program or benefit (requires congressional certification). (Sec. 702) Authorizes the Secretary, on a case-by-case basis, to continue payment under CHAMPUS for domiciliary or custodial care services to covered beneficiaries who, prior to the effective date of final regulations implementing the individual case management program, were provided such care. (Sec. 703) Amends the National Defense Authorization Act for Fiscal Year 1996 to revise a due date for an evaluation and report concerning the effectiveness of TRICARE (a DOD managed health care program). (Sec. 704) Authorizes the Armed Forces Medical Examiner to conduct forensic pathology examinations, including autopsies. Outlines circumstances warranting such examinations, including when a person dies while imprisoned in a military installation or from an injury or illness incurred during active duty or military training. Subjects such authority to the primary jurisdiction of any State or local governmental authority involved. Requires that, when a person is found dead at a place garrisoned by the Navy or Marine Corps under circumstances requiring investigation, such commanding officer shall direct a summary court-martial to investigate the circumstances. (Sec. 705) Authorizes the Secretary to make payments for emergency medical or dental care for military, civilian, and DOD contractor employees permanently or temporarily on duty in the countries of the former Soviet Union and the Warsaw Pact. (Sec. 706) Directs the Secretary to prescribe regulations for the administration of the collection from third party insurers of the costs of care provided in military health care facilities to covered beneficiaries of such insurers. Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Authorizes the Secretary to withhold from public disclosure any DOD geodetic product (maps, charts, and related data) that, if disclosed, would interfere or unfairly compete with an emerging or existing commercial industry or market operation. (Sec. 802) Authorizes the Secretary to waive the application of certain survivability test requirements with respect to the MH-47E and MH-60K helicopter modification programs before their release for operational use. Requires a congressional report upon the exercise of such waiver. (Sec. 803) Authorizes the Secretary to waive certain defense contracting procedures for the acquisition of coal or coke (currently, only petroleum and natural gas). (Sec. 804) Removes a prior funding certification requirement with respect to the use of multiyear contracts for defense acquisition programs. (Sec. 805) Repeals the authority of the Secretary of the Navy to enter into shipbuilding capability preservation agreements. (Sec. 806) Excludes certain subcontract notification requirements with respect to a contractor that maintains a purchasing system that has been approved by the appropriate contracting officer. (Sec. 807) Amends the National Defense Authorization Act for Fiscal Year: (1) 1996 to repeal certain reports, plans, processes, and reviews required for nuclear attack submarines; and (2) 1997 to repeal a required annual report on design responsibility under the New Attack Submarine program. (Sec. 809) Authorizes the waiver of cost-sharing requirements under the defense manufacturing technology program when a project: (1) is not likely to have an immediate and direct commercial application; and (2) is initiated by a military service acquisition organization or by the Defense Logistics Agency. Requires documentation of the rationale for not requiring cost-sharing. Adds the extent to which project costs are being shared to information to be included in a five-year plan for such program. Title IX: Department of Defense Organization and Management - Subtitle A: Organization - Abolishes the position of Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs. (Sec. 903) Establishes within the Office of the Secretary a Director of Defense Logistics, to advise the Secretary and the Under Secretary of Defense for Acquisition and Technology on DOD logistics. Subtitle B: Management of Service Academies - Makes eligible for presidential appointment to a service academy children of members who: (1) are on active duty and have at least eight total years of active duty (currently, eight continuous years is required); (2) are members of the reserves who have earned at least 2,880 retirement points; or (3) are eligible, or who died while they were eligible, for retired pay but had not yet reached age 60. (Sec. 906) Authorizes the waiver of reimbursement of up to 50 (currently 35) percent of the costs of instruction of foreign persons at U.S. service academies for students entering on or after May 1, 1999. (Sec. 907) Authorizes up to 24 (currently, ten) cadets from each service academy to participate in a service academy foreign exchange program. Increases from $50,000 to $120,000 the authorized fiscal year expenditures for each academy under such program. Subtitle C: Personnel Management - Excludes from a limitation on the number of retired officers authorized to serve on active duty an officer assigned to the Army, Navy, or Air Force Retiree Council. Subtitle D: Other Matters - Allows captured vessels or vessels stricken from the Naval Register to be transferred by the Secretary of the Navy after congressional notification and a 60 calendar day waiting period (currently, 60 days of continuous congressional session). (Sec. 916) Extends through FY 2002 the authority to acquire real property leases for special operations activities. (Sec. 917) Repeals the Naval Academy Museum Fund and transfers such funds into the United States Naval Academy Gift and Museum Fund, established herein. Repeals the Naval Center Historical Fund and transfers such funds into the Department of the Navy General Gift Fund. (Sec. 918) Authorizes the use of common defense burdensharing funds for a military construction project in a country which contributed such funds, upon a declaration of war or national emergency, when necessary to support the use of armed forces. Requires congressional notification of such decision and its estimated cost. (Sec. 919) Amends the National Security Act of 1947 to exempt operational files of the National Imagery and Mapping Agency (NIMA) from Federal public disclosure laws (including the Freedom of Information Act). Provides exceptions, including the use of such files for immigration and nationality purposes or Federal investigative proceedings. Provides judicial review, with limitations, when a person alleges that such records have been improperly withheld. Requires the NIMA Director and the Director of Central Intelligence, at least once every ten years, to review any exemptions in force to determine whether they should be removed from the exempt category. Title X: General Provisions - Subtitle A: Financial Matters - Repeals the requirement for: (1) a separate budget request for the procurement of reserve equipment; and (2) a two-year DOD budget cycle pursuant to the Department of Defense Authorization Act, 1986. (Sec. 1003) Revises the due date for, and requires inclusion of specified additional information in, a joint report by the Directors of the Office of Management and Budget and the Congressional Budget Office on the scoring of defense budget outlays. Subtitle B: Foreign Nations - Removes a provision limiting the Secretary's authority to enter into cooperative military airlift agreements with allied countries solely to that provided under current Federal law. Subtitle C: Department of Defense Schools - Allows a military dependent who has been a junior at a secondary school under the DOD domestic dependent elementary and secondary schools program to be enrolled as a senior in the next school year, notwithstanding a change in status that would otherwise terminate such eligibility. (Sec. 1016) Allows the Secretary to establish a single school board for program schools located in a U.S. territory, commonwealth, or possession. (Sec. 1017) Allows the Secretary to continue the enrollment of a military dependent or the dependent of a Federal employee under the program for as long as determined appropriate (currently, only until the end of that school year), notwithstanding a change in status that would otherwise terminate such eligibility. Subtitle D: Other Matters - Removes a provision that limits to $50 million in a fiscal year the Federal expenditure for the National Guard civilian youth opportunities program. Division B (sic): Military Construction Authorizations - Military Construction Authorization Act for Fiscal Year 2000 - Title XXI(sic): Army - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire family housing units, carry out architectural planning and design activities, and improve existing military family housing in specified amounts. Authorizes appropriations to the Army for fiscal years after: (1) 1999 for military construction, land acquisition, and military family housing functions of the Army; and (2) 2000 for completion of the military construction and family housing projects, above, and for those authorized for FY 2001. Limits the total cost of construction projects authorized by this title. (Sec. 2105) Amends the Military Construction Authorization Act for Fiscal Year 1997 to increase the amount authorized for the Pueblo Chemical Activity, Colorado. Title XXII: Navy - Provides, with respect to the Navy, authorizations paralleling those provided for the Army under the previous title. (Sec. 2205) Authorizes the Secretary of the Navy, or such other department Secretary as designated, to acquire real property and carry out a military construction project for a forward deployment site for drug interdiction and counter-drug activities. Title XXIII: Air Force - Provides, with respect to the Air Force, authorizations paralleling those provided for the Army under Title XXI. (Sec. 2305) Authorizes the Secretary of the Air Force, or such other department Secretary as designated, to acquire real property and carry out military construction projects for forward deployment sites for drug interdiction and counter-drug activities in Ecuador and Curacao. Title XXIV: Defense Agencies - Authorizes the Secretary to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to improve existing military family housing units in specified amounts. (Sec. 2403) Earmarks funds authorized under this title for deposit into the Department of Defense Family Housing Fund. (Sec. 2404) Authorizes the Secretary to carry out certain energy conservation projects. (Sec. 2405) Authorizes appropriations to DOD for fiscal years after: (1) 1999 for military construction, land acquisition, and military family housing functions of DOD; and (2) 2000 for completion of the military construction and family housing projects, above, and for those authorized for FY 2001. Limits the total cost of construction projects authorized by this title. Title XXV: North Atlantic Treaty Organization Security Investment Program - Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization (NATO) Security Investment Program and authorizes appropriations for fiscal years after 1999 for such contributions. Authorizes appropriations for fiscal years after 2000 for such purpose. Title XXVI: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years after 1999 for the Guard and reserve forces for acquisition, architectural and engineering services, and construction of facilities. Authorizes appropriations for fiscal years after 2000 for such purpose, and for construction projects authorized for FY 2001. Title XXVII: Expiration and Extension of Authorizations - Terminates all authorizations contained in titles XXI through XXVI of this Act on October 1, 2002, or the date of enactment of an Act authorizing funds for military construction for FY 2003, whichever is later, with exceptions. Extends certain prior-year military construction projects. Title XXVIII: General Provisions - Subtitle A: Military Construction Program and Military Family Housing - Authorizes the use of O&M funds for minor construction projects intended solely to correct a life-threatening, health-threatening, or safety-threatening deficiency. (Sec. 2802) Includes design costs within authorized uses for military construction project funds. Subtitle B: Real Property and Facilities Administration - Authorizes the Secretary concerned, in connection with the conveyance of a utility system, to enter into a contract for utility services for a period not to exceed 50 years. (Sec. 2804) Authorizes the Secretary concerned to construct or acquire family housing not otherwise authorized if: (1) Congress has previously appropriated funds for such purpose; and (2) funds for such units have been transferred from the Family Housing Improvement Fund into a Family Housing account. Requires congressional notification and a 21-day waiting period following such notification. Subtitle C: Defense Base Closure and Realignment - Establishes the Environmental Restoration Account, Base Realignment and Closure, to fund environmental restoration and mitigation activities required as the result of the closure or realignment of a military installation pursuant to a base closure law. Authorizes the Secretary to transfer funds to such Account from the Department of Defense Base Closure Account 1990. Makes environmental restoration activities funds used during such closures and realignments available for administrative expenses and technical assistance related to such activities.
Bill· HRH.R. 1413 (106th)referred
United States · United States Congress · 14 April 1999
Increases the number of authorized sites for the Medicare subvention demonstration project for certain Medicare-eligible military retirees and their dependents (a project established by the Balanced Budget Act of 1997 under title XVIII (Medicare) of the Social Security Act). Provides for the future repeal of the limitation on the number of such sites (thus allowing the project to be conducted at any site designed by the Secretary of Health and Human Services and the Secretary of Defense acting jointly). Makes the project permanent, with its cap on the aggregate amount of calendar year reimbursement that may be made under the project to end after calendar year 2000. Makes further changes regarding the project, permitting payment under it to be made on a fee-for-service basis for certain project enrollees, and eliminating certain restrictive project participation policy. Applies to certain Medigap (Medicare supplemental health insurance policy) enrollees the same protections (prohibitions against issuer discrimination) as apply to enrollment (and termination of enrollment) with a Medicare+Choice organization in a Medicare+Choice plan under Medicare part C (Medicare+Choice).
Bill· HRH.R. 1421 (106th)referred
United States · United States Congress · 14 April 1999
Stop Kids From Smoking Act - Allows the use of vending machines to sell tobacco products only in an area or establishment to which individuals under the minimum age are denied access. Defines the minimum age as 18, unless a State or municipality has established a higher age. Prohibits the sale of tobacco products to individuals under the minimum age. Declares that this Act does not preempt existing or bar future State or municipal laws banning all tobacco vending machines. Imposes a civil monetary penalty for violations.
Bill· HRH.R. 1414 (106th)referred
United States · United States Congress · 14 April 1999
Health Care Access Promotion Act of 1999 - Amends the Internal Revenue Code to exclude from the gross income of an individual certain amounts received under the National Health Service Corps Scholarship Program and the F. Edward Hebert Armed Forces Health Professions Scholarship and Financial Assistance Program.
Bill· SS. 782 (106th)referred
United States · United States Congress · 13 April 1999
Patients' Telephone Privacy Act of 1999 - Amends the Federal criminal code to allow a health insurance issuer, health plan, or health care provider, with respect to a wire, oral, or electronic communication between a health insurance issuer or health plan and an enrollee of such issuer or plan, or between a health care provider and a patient, to intercept such communication only if the patient has given prior express consent. Requires such an issuer, plan, or provider that notifies a customer of its intent to record or monitor any communication with such customer to provide the customer with the option to conduct the communication without being recorded or monitored.
Bill· SS. 784 (106th)referred
United States · United States Congress · 13 April 1999
Medicare Cancer Clinical Trial Coverage Act of 1999 - Directs the Secretary of Health and Human Services to establish a demonstration project which provides for payment under title XVIII (Medicare) of the Social Security Act of routine patient care costs for Medicare beneficiaries with cancer who are enrolled in an approved clinical trial program, while still applying the beneficiary cost sharing provisions of such program to project participants. Directs the Secretary to study and report to Congress on the impact on Medicare of covering such costs as well as the cost of extending routine patient care coverage to Medicare beneficiaries with a diagnosis other than cancer.
Bill· SS. 770 (106th)referred
United States · United States Congress · 13 April 1999
Comprehensive Telehealth Act of 1999 - Title I: Revision and Clarification of Medicare Reimbursement of Telehealth Services - Amends the Balanced Budget Act of 1997 with respect to reimbursement of telehealth services under title XVIII (Medicare) of the Social Security Act (SSA) to: (1) include reimbursement for store-and-forward technologies, clinical psychologist and physical, occupational, and speech therapist practitioner services, and items and services covered under Medicare part B (Supplementary Medical Insurance) that are provided via telecommunications systems; (2) extend telehealth coverage to all rural areas (currently, only those designated as health professional shortage areas under the Public Health Service Act); (3) allow any health care practitioner acting on instructions from the referring physician or practitioner to present the Medicare beneficiary to the consulting physician or practitioner for the provision of items and services; (4) prohibit the referring physician and the practitioner from receiving any reimbursement for such presentation other than the payment that the referring physician shares with the consulting physician; and (5) provide that payment for items and services shall include payment for all current procedural terminology billing codes covered under Medicare. Title II: Telehealth Licensure - Directs the Secretary of Health and Human Services to study and report to Congress regarding: (1) the number, percentage, and types of health care providers licensed to provide telehealth services across State lines; (2) the status of any reciprocal, mutual recognition, fast-track, or other licensure agreements between or among various States, as well as the status of any efforts to develop uniform national sets of standards for the licensure of health care providers to provide telehealth services across State lines; (3) a projection of future utilization of telehealth consultations across State lines; (4) State efforts to increase or reduce licensure as a burden to interstate telehealth practice; and (5) any State licensure requirements that appear to constitute unnecessary barriers to the provision of telehealth services across State lines. Title III: Joint Working Group on Telehealth and Periodic Reports to Congress - Redesignates the Joint Working Group on Telemedicine as the Joint Working Group on Telehealth, with the chairperson designated by the Director of the Office for the Advancement of Telehealth. Makes it the mission of the Joint Working Group on Telehealth to: (1) identify, monitor, coordinate, and analyze Federal telehealth projects, data sets, and programs; and (2) make further recommendations for coordination of Federal and State efforts to increase access to health care services, education, and information in rural and underserved areas. Requires the Joint Working Group to report annually, after a certain date, to Congress on mission status and the state of the telehealth field generally. Authorizes appropriations. Title IV: Development of Telehealth Networks - Subtitle A: Development of Telehealth Networks - Directs the Secretary, acting through the Director of the Office for Advancement of Telehealth, to provide specified financial assistance to eligible telehealth networks to expand access to health care services for individuals in rural and frontier areas through the use of telehealth networks. Authorizes appropriations. Subtitle B: Rural Health Outreach and Network Development Grant Program - Amends the Public Health Service Act to rename the current Rural Health Outreach, Network Development, and Telemedicine Grant Program as the Rural Health Outreach and Network Development Grant Program, adding certain limitations on equipment purchases, construction, and real property acquisitions that apply to eligible networks under such newly renamed Grant Program.
Bill· HRH.R. 1385 (106th)referred
United States · United States Congress · 13 April 1999
Reinstatement of the Medicare Rehabilitation Benefit Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act to repeal the financial limitation on rehabilitation services under part B (Supplementary Medical Insurance) of the Medicare program. Provides that for outpatient physical therapy services, outpatient occupational therapy services, and outpatient speech-language pathology services covered under Medicare and furnished on or after January 1, 2001, the Secretary of Health and Human Services shall implement a new payment methodology based on the classification of individuals by diagnostic category, functional status, and prior use of services in both inpatient and outpatient settings. Requires that such payment methodology be designed so that, taking into account the increased expenditures resulting from this Act, it does not result in any increase or decrease in the expenditures under Medicare on a fiscal year basis.
Bill· HRH.R. 1392 (106th)referred
United States · United States Congress · 13 April 1999
Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to use a competitive process to contract with specific hospitals or other entities to be Centers of Excellence furnishing in a geographic area certain inpatient hospital services (both related and unrelated to surgical procedures), and any other appropriate Medicare services (including post-hospital services), with payment to be made on the basis of negotiated all-inclusive rates. Limits Center of Excellence eligibility to entities that meet quality standards established by the Secretary, and allows them, subject to Secretary approval, to furnish additional services or to waive beneficiary cost-sharing as incentives for the use of such centers.
Bill· HRH.R. 1388 (106th)referred
United States · United States Congress · 13 April 1999
Medicare Cancer Clinical Trial Coverage Act of 1999 - Directs the Secretary of Health and Human Services to establish a demonstration project which provides for payment under title XVIII (Medicare) of the Social Security Act of routine patient care costs for Medicare beneficiaries with cancer who are enrolled in an approved clinical trial program, while still applying the beneficiary cost sharing provisions of such program to project participants. Directs the Secretary to study and report to Congress on the impact on Medicare of covering such costs as well as the cost of extending routine patient care coverage to Medicare beneficiaries with a diagnosis other than cancer.
Bill· HRH.R. 1375 (106th)open
United States · United States Congress · 12 April 1999
Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act with regard to limitations on physician incentive plans. Prohibits any Medicare+Choice organization from operating a physician incentive plan in a manner that places a physician or physician group at a financial risk exceeding specified percentages of the maximum payments possible, including those for services furnished directly, as well as certain additional payments based on use and costs of referral services.
Bill· SS. 751 (106th)open
United States · United States Congress · 25 March 1999
TABLE OF CONTENTS: Title I: Strategies for Preventing Crimes Against Seniors Title II: Combating Crimes Against Seniors Title III: Preventing Telemarketing Fraud Title IV: Preventing Health Care Fraud Title V: Protecting Residents of Nursing Homes Title VI: Protecting the Rights of Elderly Crime Victims Seniors Safety Act of 1999 - Title I: Strategies for Preventing Crimes Against Seniors - Directs the Attorney General (AG) to study and report to the congressional judiciary committees on crimes against seniors (over 55 years of age) in order to prevent and otherwise reduce the incidence of those crimes, which include telemarketing fraud, elder abuse, and health care fraud. (Sec. 102) Requires certain statistics concerning crimes against seniors to be included by the AG within each annual National Crime Victimization Survey. Title II: Combating Crimes Against Seniors - Directs the United States Sentencing Commission to review and, if appropriate, amend Federal sentencing guidelines to include the age of a crime victim as one of the criteria for determining whether a sentencing enhancement is appropriate. Requires a Commission report to Congress on issues relating to the age of crime victims. (Sec. 202) Directs the Commission to review and, if appropriate, amend sentencing guidelines and Commission policy statements to include persons convicted of offenses involving fraud in connection with a health care benefit program. (Sec. 203) Amends the Federal criminal code to provide increased penalties for fraud which results in serious injury or death. (Sec. 204) Provides civil and criminal penalties for any person who executes, or attempts to execute, a scheme or artifice to: (1) defraud any retirement arrangement or any person in connection with the establishment or maintenance of such an arrangement; or (2) falsely or fraudulently obtain any of the money or property owned by, or under the custody or control of, any retirement arrangement or other person in connection with such an arrangement. (Sec. 205) Authorizes the AG to bring a civil action to enforce penalties for defrauding pension plans. (Sec. 206) Revises criminal code provisions concerning the illegal influencing of operations of employee benefit plans to: (1) add certain definitions; and (2) include under such provisions bribery and graft committed by an applicable person (an employee benefit plan administrator, officer, counsel, agent, employee, or other person having influence with respect to such plan). Title III: Preventing Telemarketing Fraud - Directs the Federal Trade Commission (FTC) to establish procedures to: (1) log and acknowledge the receipt of complaints by individuals who reasonably believe that they have been the victim of fraud in connection with telemarketing; (2) provide to such individuals and any others information on telemarketing fraud; and (3) refer such complaints to appropriate entities, including State consumer protection and law enforcement agencies, for potential law enforcement action. Requires the AG to establish and maintain a computer database containing information on corporations and companies convicted of Federal or State telemarketing fraud. Requires such database to be made available to the FTC. Authorizes appropriations. (Sec. 302) Includes a wire communications facility (facility) utilizing a telephone service within the scope of telemarketing fraud subject to enhanced criminal penalties under the criminal code. Provides that if a common carrier is notified by the AG that a facility furnished by such carrier is being or will be used by a subscriber to transmit or receive a wire communication in interstate or foreign commerce to execute any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent representations, in connection with telemarketing, then the carrier shall discontinue or refuse to lease, furnish, or maintain the facility to such subscriber after reasonable notice to the subscriber. Title IV: Preventing Health Care Fraud - Includes within Federal injunctive authority against fraudulent actions certain offenses under the Social Security Act relating to false claims and illegal kickback schemes involving Federal health care programs. Amends the Social Security Act to authorize the AG to bring an action to enforce such authority. (Sec. 402) Includes within the AG's authority to subpoena information involving a Federal health care offense any allegation of fraud or false claims (whether criminal or civil) in connection with a Federal health care program as defined under the Social Security Act. Prohibits, during the production of such information, any record that contains personally identifiable information from being disclosed to any person, with exceptions for certain attorneys and government personnel as part of their official functions. Requires court ordered disclosures to be undertaken so as to preserve the confidentiality and privacy of individuals, unless such disclosure is required by the nature of such proceedings. Requires such records to be destroyed within 90 days after their production. (Sec. 403) Amends the Social Security Act to extend certain antifraud safeguards to the Federal Employees Health Benefits Program. (Sec. 404) Authorizes grand jury disclosure of matters occurring during an investigation of a Federal health care offense for use in any investigation or civil proceeding relating to fraud or false claims in connection with a Federal health care program. (Sec. 405) Delegates to the Deputy or an Assistant Attorney General the AG authority to issue civil investigative demands for the production of information relevant to a false claims law investigation. Allows disclosure of such information only upon a showing that such disclosure would assist the Department of Justice in carrying out its statutory responsibilities. Title V: Protecting Residents of Nursing Homes - Nursing Home Resident Protection Act of 1999 - Provides civil penalties against anyone who knowingly and willfully engages in a pattern of violations that affects the health, safety, or care of individuals in a residential health care facility, and results in significant physical or mental harm to one or more of such individuals, except that any organization shall be fined not more than $2 million per facility. Authorizes the AG to bring an enforcement action. Lists maximum penalty amounts. Authorizes other relief, including equitable and declaratory relief to eliminate a pattern of violations. Prohibits retaliation against any person reporting a condition that may constitute grounds for civil action. Includes information as to such violations within Federal investigative demand procedures. Title VI: Protecting the Rights of Elderly Crime Victims - Amends Federal civil forfeiture provisions to authorize the AG to retain or transfer forfeited property as restoration to any victim of the offense giving rise to the forfeiture, including a money laundering offense or any offense constituting the underlying specified unlawful activity. (Sec. 602) Amends provisions of the Controlled Substances Act relating to criminal forfeitures to state that a defendant may not use property subject to forfeiture to satisfy an order of restitution, except when the defendant has no assets other than the property subject to forfeiture. Directs the Government to restore the forfeited property to the victims. (Sec. 603) Prohibits the use of bankruptcy proceedings to shield illegal gains from false claims brought against the Government. Prohibits the debt arising from such illegal gains from being discharged in bankruptcy proceedings. (Sec. 604) Authorizes a criminal or civil court, in imposing a sentence on a person convicted of a retirement offense (an offense involving fraudulent gains from another's retirement arrangement), to order such person to forfeit property that constitutes or is derived from proceeds traceable to the commission of such offense.
Bill· SS. 736 (106th)open
United States · United States Congress · 25 March 1999
Freedom from Restraint Act of 1999 - Amends part D (Miscellaneous) of title XVIII (Medicare) and title XIX (Medicaid) of the Social Security Act to specify program beneficiaries' rights to freedom from restraint and other abuse while in a psychiatric hospital or other care facility or treatment center. Requires a service provider to report sentinel events (when a program beneficiary under psychiatric care dies unexpectedly or suffers serious injury unrelated to his or her illness or underlying condition) to appropriate agencies or entities with oversight authority. Allows the imposition of restraints: (1) only to ensure physical safety of the individual or others in the provider's care; and (2) only upon the written order of a physician specifying the duration and circumstances under which restraints are to be used (except in emergency circumstances specified by the Secretary of Health and Human Services until such an order could reasonably be obtained). Requires the service provider to investigate the sentinel event reported and the appropriate agencies or entities to review and approve the provider's root cause analysis before reporting on the matter to the Secretary for use in the Sentinel Events Database. Directs the Secretary to establish such Database for use on the Internet, with appropriate privacy safeguards for individuals whose treatment is the subject of a report under this Act. Requires additional reporting in certain cases, including: (1) to the Secretary about a provider identified as having a pattern of poor performance; and (2) to the State Attorney General or the appropriate State law enforcement agency in sentinel events involving death. Mandates sanctions for failure to report. Bars disclosure or discovery of a root cause analysis in a civil action.
Bill· SS. 731 (106th)referred
United States · United States Congress · 25 March 1999
Prescription Drug Fairness for Seniors Act of 1999 - Requires each participating manufacturer of a covered outpatient drug to make available for purchase by each pharmacy such covered outpatient drug in the described amount (an amount equal to the aggregate amount of the covered outpatient drug sold or distributed by the pharmacy to Medicare beneficiaries) and at the described price (the price equal to the lower of either the lowest price paid for the drug by the Federal Government or the manufacturer's best price for the drug). Sets forth special provisions with respect to hospice programs.
Bill· SS. 723 (106th)referred
United States · United States Congress · 25 March 1999
Y2K Regulatory Amnesty Act of 1999 - Requires a defendant who wishes to establish the affirmative defense of Year 2000 (Y2K) upset to demonstrate, through relevant evidence, that: (1) the defendant previously made a good faith effort to remediate Y2K problems; (2) a Y2K upset occurred as a result of a Y2K system failure or other Y2K emergency; (3) noncompliance with the applicable federally enforceable requirement was unavoidable in the face of such an emergency or was intended to prevent the disruption of critical functions that could result in the harm of life or property; (4) the defendant began immediate action to remediate any violation of federally enforceable requirements upon identification of noncompliance; and (5) the defendant submitted notice to the appropriate Federal regulatory authority of a Y2K upset within 72 hours of becoming aware of the upset. Defines "a Y2K upset" as an exceptional incident involving temporary noncompliance with applicable federally enforceable requirements because of factors related to a Y2K failure that are beyond the reasonable control of the defendant. Excludes from such definition: (1) noncompliance with such requirements that constitutes or would create an imminent threat to public health or safety; (2) noncompliance caused by operational error or negligence; or (3) lack of reasonable preventative maintenance or preparedness for Y2K. Makes the Y2K defense a complete defense to any action brought as a result of noncompliance with federally enforceable requirements for any defendant who meets the conditions described by this Act. Sets the maximum allowable length of a Y2K upset at 30 days unless granted specific relief by the appropriate regulatory authority. Provides for criminal penalties for fraudulent use of the Y2K defense.
Bill· SS. 737 (106th)referred
United States · United States Congress · 25 March 1999
Family Planning State Flexibility Act of 1999 - Amends title XIX (Medicaid) of the Social Security Act to authorize States to provide family planning services and supplies to Medicaid-eligible individuals of child-bearing age (including minors who can be considered to be sexually active) who: (1) desire such services and supplies; and (2) have incomes not exceeding specified levels, including the eligibility income level specified under a certain waiver authorized by the Secretary of Health and Human Services for a woman to be Medicaid-eligible. Permits a State plan to allow any woman who receives family planning services and supplies under such an arrangement, and who then becomes ineligible for them because of hours of, or income from, employment, to remain eligible for such assistance through the end of the six month period beginning on the first day of ineligibility, with an additional six month extension of such assistance authorized. Provides that a woman who, while pregnant, is eligible for, has applied for, and has received State Medicaid plan assistance shall continue to be eligible under the plan for such family planning services and supplies until the woman's income exceeds the maximum income level established by the State for the woman to be Medicaid- eligible (as a result of pregnancy or otherwise).
Bill· SS. 750 (106th)referred
United States · United States Congress · 25 March 1999
Compassionate Care Act of 1999 - Amends the Public Health Service Act to require hospitals and other health care facilities that receive Federal assistance in any form to protect the rights of their patients and residents, including freedom from physical or mental abuse, corporal punishment, involuntary seclusion, and physical or chemical restraints used for punishment or convenience. Permits use of physical or chemical restraints only to ensure the physical safety of a patient or resident, or others, and only upon a physician's specific written order. Requires a facility subject to the Protection and Advocacy for Mentally Ill Individuals Act of 1986 to notify the appropriate Protection and Advocacy system of each resident's death and related circumstances. Amends the Protection and Advocacy for Mentally Ill Individuals Act of 1986 to require a State protection system for the mentally ill to investigate certain deaths and injuries at such facilities. Subjects facilities to loss of Federal assistance for noncompliance with this Act.
Bill· HRH.R. 1349 (106th)open
United States · United States Congress · 25 March 1999
Federal Prisoner Health Care Copayment Act of 1999 - Amends the Federal criminal code to authorize the Director of the Bureau of Prisons to assess and collect a fee for health care services provided in connection with each health care visit requested by a prisoner, except for preventative health care services. Requires that each fee assessed be collected by the Director: (1) from the account of the prisoner receiving health care services; or (2) where such services are provided because of an injury inflicted by another prisoner, from the account of the prisoner who inflicted the injury. Sets a minimum fee of two dollars. Specifies that the prisoner's consent shall not be required for the collection of the fee. Specifies that nothing herein may be construed to permit refusal of treatment to a prisoner on the basis that: (1) the prisoner's account is insolvent; or (2) the prisoner is otherwise unable to pay. Requires that sums collected under this Act: (1) be used for restitution of the victims where the prisoner is subject to a restitution order; and (2) be deposited in the Crime Victims Fund (75 percent) and be available to the Attorney General for administrative expenses incurred in carrying out this Act (25 percent) where the prisoner is not subject to such an order. Sets forth reporting requirements by the Director. (Sec. 3) Amends the code to authorize a State or local government to assess and collect a reasonable fee from a Federal prisoner's trust fund account (or institutional equivalent) for health care services if the prisoner is confined in a non-Federal institution under specified circumstances.
Bill· HRH.R. 1323 (106th)open
United States · United States Congress · 25 March 1999
Silicone Breast Implant Research and Information Act - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to: (1) appoint an official of the Department of Health and Human Services to serve as the NIH coordinator regarding silicone breast implant research; (2) establish either a study section or special emphasis panel for NIH to review extramural silicone breast implant research grant applications to ensure research design and quality, as well as quality intramural research; and (3) conduct or support research to expand the understanding of the health implications of silicone breast implants. Directs the Commissioner of Food and Drugs to: (1) take specified steps to make updated information about the risks of silicone breast implant available to the public, via the toll-free Consumer Information Line and other means; (2) revise the breast implant information update to clarify the procedure for reporting implant problems; (3) require manufacturers to update implant package inserts and informed consent documents regularly with accurate information; and (4) require any manufacturer conducting an adjunct study on implants to take specified measures with respect to informed consent documents, including informing women on how to obtain a Medwatch form and encouraging women who withdraw from the study, or who would like to report a problem, to submit such a form. Establishes the President's Interagency Committee on Silicone Breast Implants to ensure strategic management, communication, and oversight of Federal policy formation, research, and activities regarding silicone breast implants. Authorizes appropriations.
Bill· HRH.R. 1304 (106th)referred
United States · United States Congress · 25 March 1999
Quality Health-Care Coalition Act of 1999 - Entitles any health care professionals negotiating with a health plan regarding contract terms under which they provide health care items or services for which plan benefits are provided to the same treatment under antitrust laws as that accorded to a collective bargaining unit recognized under the National Labor Relations Act.
Bill· HRH.R. 1300 (106th)reported
United States · United States Congress · 25 March 1999
TABLE OF CONTENTS: Title I: Brownfields Revitalization Title II: Community Participation and Human Health Subtitle A: Community Participation Subtitle B: Human Health Title III: Liability Reform Title IV: Remedy Selection Title V: General Provisions Title VI: Funding Subtitle A: Expenditures From the Hazardous Substance Superfund Subtitle B: Extension of Hazardous Substance Superfund Recycle America's Land Act of 1999 - Title I: Brownfields Revitalization - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to direct the President to establish a program to provide grants to eligible States or political subdivisions, including Indian tribes, for: (1) inventory and assessment of brownfield facilities; and (2) capitalization of revolving loan funds for remedial actions at such facilities. Defines a "brownfield facility" as real property with respect to which expansion or redevelopment is complicated by the presence or potential presence of a hazardous substance. Authorizes appropriations. (Sec. 103) Authorizes the Administrator of the Environmental Protection Agency (EPA) to provide technical and other assistance to States to establish and expand State voluntary cleanup programs. Makes limited amounts available from Superfund for FY 2000 through 2004 for such assistance. (Sec. 104) Bars the President or any person (other than a State), with respect to a facility that is not listed or proposed for listing on the National Priorities List (NPL) at which there is a release or threatened release of a hazardous substance, from taking an administrative or judicial enforcement action or bringing a civil action against any person who is conducting or has completed a response action in compliance with State law. Makes exceptions to this prohibition if the State requests the President to take action or in certain cases of emergency, risk, or migration of contamination across State lines. (Sec. 105) Requires the President to defer listing a facility on the NPL if: (1) long-term remedial action will be conducted under other Federal authorities; (2) remedial action that will provide long-term protection of human health and the environment is underway at that facility under a State response program; or (3) at a State's request, the State is attempting to obtain an agreement from a person to perform a remedial action under a State response program. Authorizes the President to place a facility described in (3) above on the NPL if, after one year, the President finds that the State is not making reasonable progress toward obtaining an agreement. Title II: Community Participation and Human Health - Subtitle A: Community Participation - Requires the President to take specified actions to provide for meaningful public participation in every significant phase of a response action at a facility listed or proposed for listing on the NPL (covered facilities). Permits affected Indian tribes and communities, local government officials, and State and local health officials to propose remedial alternatives to the President. (Sec. 202) Requires the President to make records relating to response actions at covered facilities available to the public throughout all phases of an action. Sets forth minimum requirements for documents made available to the public which describe risk to human health. (Sec. 203) Revises provisions regarding grants for technical assistance to authorize the Administrator to make such grants to affected communities with respect to: (1) covered facilities; (2) facilities at which the Administrator is undertaking a response action anticipated to exceed one year; or (3) facilities at which a specified funding limit is anticipated to be reached. (Sec. 205) Sets forth specific notice and comment requirements to provide for public participation in removal actions. (Sec. 206) Directs the Administrator to submit to Congress a community study that includes an analysis of: (1) the duration of time between the discovery and listing of a facility; (2) the timing and nature of response actions; (3) the degree to which public views are reflected in response actions; (3) future land use determinations and use of institutional controls; (4) the population, race, ethnicity, and income characteristics of communities affected by facilities listed or proposed for listing on the NPL; and (5) the risk presented by each such facility. Requires periodic updates of such study. Directs the Administrator to institute necessary improvements or modifications to address any deficiencies identified by the study. Subtitle B: Human Health - Requires the Agency for Toxic Substances and Disease Registry (ATSDR) Administrator to develop and distribute educational materials on human health effects of hazardous substances to the public. Authorizes the ATSDR Administrator to provide grant or contract assistance to individuals who may be affected by releases or threatened releases when: (1) a public health assessment is conducted at an NPL facility; or (2) a facility is being evaluated for inclusion on the NPL. Authorizes and directs the ATSDR Administrator, pursuant to such grants or contracts, to provide diagnostic services, health data registries, and preventative public health education to communities affected by such releases. (Sec. 223) Requires the President, in setting priorities for remedial action under the national hazardous substance response plan (part of the national contingency plan for the removal of oil and hazardous substances), to place highest priority on facilities with releases resulting in actual ongoing human exposures at levels of public health concern or demonstrated adverse effects. (Sec. 224) Requires the Administrator to evaluate areas such as Indian reservations or poor rural communities that warrant special attention and identify up to five facilities in each EPA region that are likely to warrant inclusion on the NPL. Accords such facilities a priority in evaluation for NPL listing and scoring. Title III: Liability Reform - Bars the President from issuing orders in connection with abatement actions to protect public health and the environment against any person who would not be liable for damages and costs described under general liability provisions. Prohibits Federal agencies with authority to use the imminent hazard, enforcement, and emergency response authorities under provisions governing abatement actions from using such authorities with respect to releases for which they are potentially responsible parties (PRPs). (Sec. 303) Absolves of liability for response costs and damages certain owners or operators, including persons who inherited the property concerned and government entities that acquired property involuntarily, or through eminent domain or the granting of a license or permit to conduct business, if such persons: (1) acquired the affected facility after the disposal or placement of the hazardous substance for which liability is alleged; (2) did not cause or contribute to the hazardous substance release; and (3) exercised appropriate care with respect to such substance. Limits liability for owners or operators who meet such conditions and received the property as a charitable donation. Exempts from liability: (1) owners or operators of rights-of-way over which hazardous substances are transported if such persons did not cause or contribute to the release concerned; (2) railroad owners or operators of spur tracks whose tracks meet specified conditions and who did not cause or contribute to the release concerned; and (3) construction contractors whose liability is based solely on construction contract activities and who did not know of the presence of hazardous substances and exercised appropriate care with respect to such substances. Grants the United States a lien for unrecovered response costs on a facility for which the owner is not liable by reason of meeting the conditions described above. Prescribes conditions for such liens. Bars liens with respect to property: (1) for which the property owner preceding the current owner is not liable or has resolved liability; or (2) where an environmental assessment gave the owner or operator no reason to know of the release of hazardous substances. Makes applicable to tribal governments an exemption from liability for States or local governments for costs or damages resulting from actions taken in response to an emergency created by a release generated by a facility owned by another person. Expands such exemption to include actions to improve water quality protection at abandoned mine sites and adjacent lands owned by others if such actions are taken in accordance with a Federal or State-approved response action. Excludes certain contiguous property owners from the definition of "owner or operator" for purposes of creating an exemption to liability. (Sec. 306) Exempts certain small business concerns from liability under provisions governing arrangement, acceptance, or transport of hazardous substances for response costs or damages at an NPL facility with respect to actions taken before March 25, 1999. Provides an additional exemption from liability under such provisions if the materials that were arranged or transported for disposal at the NPL facility consist of municipal solid waste (MSW) or sewage sludge. Absolves municipalities that participate in a qualified household hazardous waste collection program from liability under such provisions, with respect to actions taken 36 months after this Act's enactment date, for the arrangement or transport of materials consisting of MSW or sewage sludge to an NPL facility. Limits liability response costs for facilities that received MSW, were proposed for NPL listing before March 25, 1999, are owned by municipalities, and are not subject to certain criteria for solid waste landfills under the Solid Waste Disposal Act. Requires the Hazardous Substance Superfund (Superfund) to assume the liability for certain exempt parties or those subject to limited liability for releases from NPL facilities. Directs the Administrator to establish a small business Superfund assistance section within the EPA small business ombudsman office to provide assistance and information regarding CERCLA and the allocation and settlement processes. (Sec. 307) Limits the right to seek contribution from other parties where: (1) the person asserting the right has waived such right in a settlement; (2) the person from whom the contribution is sought is not liable under CERCLA; or (3) the person from whom the contribution is sought has entered into a final settlement with the United States. Makes any person who commences a contribution action liable to the person against whom the action is brought for all reasonable costs of defending against the claim if the action: (1) is barred for the reasons stated above; (2) is brought against a person who is protected from suits by reason of settlement with the United States; or (3) is brought during a specified moratorium period. (Sec. 308) Expands the exemption from liability for response action contractors to include exemption from liability under State or local law unless a State has enacted a law determining liability of such contractors. Extends certain indemnification agreements made by the President with respect to negligence of response action contractors to any claims for negligence arising under State or local law. Bars actions against contractors more than six years after the completion of work. Makes such prohibition inapplicable in cases of gross negligence or intentional misconduct or in States or political subdivisions where the State has enacted a statute determining liability for such contractors. (Sec. 309) Requires (current law authorizes) the President to offer PRPs (currently, any person) who enter into settlement agreements that are in the public interest a final covenant not to sue concerning liability to the United States for response actions or costs, provided that: (1) the settling party agrees to perform a final remedial action for the release that is the subject of the settlement; (2) the agreement has been reached prior to the commencement of litigation against the settling party; (3) the settling party waives all contribution rights against other PRPs at the facility; (4) the settling party, other than a small business, pays a premium that compensates for the risks of remedy failure, future liability, and unanticipated increases in the cost of any uncompleted action (unless the party is performing the action); (5) the remedial action does not rely on institutional controls to ensure continued health and environmental protection; and (6) the settlement is otherwise acceptable to the United States. Authorizes the President, for settlements for which covenants are unavailable, to provide any person with a covenant not to sue concerning any liability to the United States if the covenant not to sue is in the public interest. Makes PRPs who are natural persons, small businesses, or municipalities with a demonstrated limited ability to pay response costs eligible for expedited settlements. Absolves a party of liability if the President does not make a settlement offer within the later of 180 days of determining that such party is eligible for an expedited settlement or of this Act's enactment date. (Sec. 310) Absolves persons (other than owners or operators) who arranged for the recycling of recyclable material or who transported such material from general liability under CERCLA. Deems transactions involving recyclable materials that consist of scrap plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving recyclable materials that consist of scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving recyclable materials that consist of spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that: (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental standards regarding such batteries. Deems transactions involving recyclable materials that consist of used oil to be arranging for recycling if the person involved did not mix such materials with a hazardous substance following the removal of the oil from service and demonstrates that: (1) the recyclable material was sent to a facility that recycled used oil by using it as a feedstock for the manufacture of a new saleable product; (2) the material (or product made from the material) could have been a replacement for a virgin raw material; (3) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations; and (4) he or she was in compliance with standards for the management of used oil under the Solid Waste Disposal Act. Makes the exemptions from liability inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration (in the case of materials other than used oil) or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) had reason to believe that hazardous substances had been added to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material. (Sec. 311) Sets forth provisions regarding an allocation process to determine equitable shares of liability for costs of performing response actions. Makes an action eligible for allocation if: (1) the performance of such action is not the subject of a consent decree or an administrative order as of March 25, 1999; and (2) the President's estimate of the cost of such action exceeds $2 million. Sets forth requirements for the President in initiating the allocation process. Stays litigation of eligible actions until 150 days after the issuance of the allocator's report unless the court determines that a stay will result in manifest injustice. Grants the court jurisdiction to ensure that a neutral allocator is selected. Authorizes the President to initiate an allocation for any response action. Requires the President to provide an estimate of the aggregate Superfund share prior to selection of an allocator and to offer to contribute to a settlement of liability on the basis of such estimate. Entitles the Administrator or the Attorney General, as representatives of Superfund, and any State that may be responsible for costs, to participate in allocation proceedings. Places a moratorium on litigation seeking recovery of response costs or contributions in connection with actions for which the President has initiated allocations until 150 days after issuance of the allocator's report or of a report under this section. Stays pending actions or claims, including those under State law, until such prescribed period unless the court determines that a stay will result in manifest injustice. Sets forth procedures for the allocation of response costs to Superfund by the allocator. Divides unattributable shares pro rata among the PRPs and Superfund. Sets forth requirements for accepting settlements based on allocations. Makes such requirements inapplicable if the Administrator and the Attorney General reject the allocation report. Sets forth conditions under which parties who satisfactorily perform work under an administrative abatement action order with respect to a remedial action for which an allocation is required shall be entitled to reimbursement for the costs of work performed in excess of the share allocated. Title IV: Remedy Selection - Revises provisions regarding general rules for remedy selection. Requires exposure assessments to be consistent with the current and reasonably anticipated uses of land, water, and other resources identified by the President. Directs the President, for purposes of selecting appropriate methods of remediation for a given facility, to identify current and reasonably anticipated uses of land, water, and other resources at and around the facility and the timing of such uses. Permits land use assumptions restricting future use to be used in evaluating remedial alternatives only to the extent that institutional controls meeting specified criteria have been or will be adopted in the final remedy. Directs the President to use site-specific risk assessment to: (1) determine the nature and extent of risk to human health and the environment; (2) assist in establishing remedial objectives for the facility respecting releases or threatened releases of hazardous substances and in identifying geographic areas or exposure pathways of concern; and (3) evaluate alternative remedial actions for a facility to determine their risk reduction benefits. Lists factors to be balanced by the President in selecting an appropriate remedy. Requires the President to give preference to remedies that include a treatment component for facilities with source materials that constitute a principal threat. Directs the President to maintain a registry of restrictions on the use of land, water, or other resources through institutional controls that are included in final records of decisions as part of the basis of decision at NPL facilities. (Sec. 402) Authorizes the President, in order to respond to a release or threatened release of a hazardous substance, to acquire a hazardous substance easement which limits or controls the use of land or other natural resources. Permits easements to be used wherever institutional controls have been selected as a component of a remedial action and the national contingency plan. Makes easements enforceable in perpetuity (unless terminated pursuant to this Act) against owners of affected property and persons who acquire interest in, or rights to use, the property. Sets forth provisions regarding the President's authority to assign easements to other parties. (Sec. 403) Requires risk assessments and characterizations conducted under CERCLA to: (1) provide objective assessments, estimates, and characterizations which neither minimize nor exaggerate the nature and magnitude of health and environmental risks; (2) distinguish scientific findings from other considerations; (3) be based on the best, relevant, and current scientific and technical information; and (4) be based on an analysis of the weight of scientific evidence that supports conclusions about a problem's potential health and environmental risk. Title V: General Provisions - Expands CERCLA provisions regarding treatment of Indian tribes to afford Indian tribes the same treatment as States with respect to provisions regarding public participation and remedy selection. Deems references to State facilities under CERCLA to mean facilities on Federal Indian reservations as well. Requires the President to conduct a study of, and report to Congress on, the health impacts on Indian tribes of pollutants, contaminants, and hazardous substances released from facilities listed on or proposed for listing on the NPL. (Sec. 503) Amends the Superfund Amendments and Reauthorization Act of 1986 to require certain grants for the training and education of workers engaged in hazardous waste removal or containment or emergency response activities to be made from Superfund. Allocates at least 20 percent of funds for such purposes to the training of minority and other community-based workers who are involved in such activities. (Sec. 504) Revises provisions requiring contracts with States before remedial actions are provided to prohibit the President from providing any remedial action unless the State enters into an agreement providing assurances that it will pay ten percent of the costs of the action and ten percent of the costs of operation and maintenance. (Sec. 505) Extends certain provisions authorizing reimbursements by the President to local governments affected by releases or threatened releases to affected States as well. (Sec. 506) Sets forth provisions regarding enforcement and dispute resolution regarding remedy selection at Federal facilities for which authorities have been delegated to a State. (Sec. 507) Requires the Congressional Budget Office to conduct and submit to Congress a study of the potential costs to the Federal Government over the next 20 years from Federal liability for natural resource damages under CERCLA. (Sec. 508) Provides that CERCLA liability provisions shall not be construed to preempt any claims under State law for contribution to or recovery of costs of responding to releases of hazardous substances. Title VI: Funding - Subtitle A: Expenditures From the Hazardous Substance Superfund - Revises the list of activities for which expenditures from Superfund are authorized. Permits the President to use Superfund monies for administrative costs directly related to the costs of authorized activities. Bars the use of Superfund for response actions that are not removal actions with respect to non-NPL facilities. Repeals provisions regarding the assumption of certain liability by the Post-closure Liability Fund. (Sec. 602) Authorizes appropriations to Superfund for FY 2000 through 2004. Subtitle B: Extension of Hazardous Substance Superfund - Amends the Internal Revenue Code to extend the environmental tax to taxable years beginning after December 31, 1999, and before January 1, 2004. Extends specified provisions regarding: (1) Superfund's financing rate; (2) limits on tax if the unobligated balance in Superfund exceeds a specified amount; and (3) the repayment deadline for advances made to Superfund. Lowers the amount of the unobligated Superfund balance required for a suspension of collection of tax on petroleum under environmental tax provisions.
Bill· HRH.R. 1347 (106th)referred
United States · United States Congress · 25 March 1999
Veterans Health Care Improvement Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act to authorize the Secretaries of Health and Human Services (HHS) and Veterans Affairs (VA) (the administering Secretaries) to establish a demonstration project under which the HHS Secretary reimburses the VA Secretary for Medicare health care services furnished to certain veterans at a VA medical facility. Makes eligible for such services a veteran who has attained age 65, is entitled to Medicare benefits, and was enrolled for Medicare benefits on the date of enactment of the Veterans' Equal Access to Medicare Act. Requires voluntary participation of eligible veterans under the demonstration program. Directs the administering Secretaries to establish a data matching program under which there is an exchange of information between HHS and VA to identify those entitled to such benefits. Allows the administering Secretaries to select up to ten demonstration sites in geographically dispersed areas for program participation. Requires at least one site to: (1) be near a base which was closed under a defense base closure law; and (2) serve a predominately rural population area. Requires the demonstration project to be conducted during the three-year period beginning on January 1, 2000. Authorizes the HHS Secretary to waive certain Medicare requirements in connection with the program. Requires the administering Secretaries to submit to the appropriate congressional committees a copy of the demonstration program agreement. Authorizes the VA Secretary to establish and operate up to four managed health care plans at demonstration sites. Requires such Secretary to submit to the Congress a plan for the use of appropriate sites and entities. Requires certain certifications from the VA Inspector General before a plan may be implemented. Directs the HHS Secretary to reimburse the VA Secretary for demonstration project services at specified rates. Provides for such payments from Medicare trust funds, with an annual limit of $50 million. Authorizes the reduction of such reimbursement payments for VA failure to maintain its effort level for targeted veterans. Directs the administering Secretaries to closely monitor the expenditures made under the Medicare program for targeted veterans during the period of the demonstration project compared to expenditures that would have been made for such veterans if the demonstration project had not been conducted. Requires: (1) an annual report by the Comptroller General during each year of the demonstration project; (2) the administering Secretaries to take certain steps in the case of increased costs under the demonstration project; (3) the administering Secretaries to arrange for an independent evaluation of the demonstration project; (4) annual reports from such independent entity during the demonstration project period; and (5) a report from the administering Secretaries on the possibility of extending the demonstration project, making it permanent, or expanding it to cover additional demonstration sites. (Sec. 3) Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to direct the Secretary of Defense to ensure that the health care coverage available through the TRICARE Program (a Department of Defense managed health care program) is substantially similar to the health care coverage available under similar health benefits plans offered under the Federal Employees Health Benefits program. Outlines provisions concerning patient management, reimbursement of health care providers, and the authority for military health care facilities to collect from third-party insurers the costs of health care services provided to covered beneficiaries. Directs such Secretary to report to Congress assessing the effects of the implementation of this section. (Sec. 4) Expresses the sense of Congress urging the Secretary of Veterans Affairs to: (1) review the policies and procedures of the Veterans Benefits Administration of the VA to identify areas in which such Administration does not currently process claims for veterans' benefits in a manner consistent with objectives set forth in the National Performance Review; (2) initiate necessary actions to process such claims in such manner; and (3) report to Congress on measures taken to improve processing time for such claims.
Bill· HRH.R. 1285 (106th)referred
United States · United States Congress · 25 March 1999
Cancer Screening Coverage Act of 1999 - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code to require a group health plan, and a health insurance issuer offering group coverage, to provide coverage for certain types of cancer screening. Includes under such coverage mammograms, clinical breast examinations, pap tests and pelvic examinations, colorectal screening procedures, and prostate screening tests, at specified intervals and through specified procedures for certain age groups in appropriate genders. Prohibits related eligibility discrimination, monetary incentives to individuals, and penalties or incentives to providers.. Amends the Public Health Service Act to apply the requirements of this Act to coverage offered in the individual market. Amends the Health Insurance Portability and Accountability Act of 1996 to mandate coordination of regulations, rulings, and interpretations between the Secretaries of the Treasury, Health and Human Services, and Labor relating to matters over which two or more of the Secretaries have responsibility.
Bill· HRH.R. 1344 (106th)referred
United States · United States Congress · 25 March 1999
Triple-A Health Improvement Act of 1999 - Title I: Promoting Access to Health Care Services in Rural Areas Under the Medicare Program - Subtitle A: Hospital-Related Payment Provisions - Amends title XVIII (Medicare) of the Social Security Act (SSA) to revise hospital-related payment provisions concerned with: (1) the prospective payment system for hospital outpatient department services; (2) repeal of a certain restriction on Medicare payment to hospitals for inpatient hospital services with regard to certain hospital discharges to post-acute care; (3) geographic reclassification of sole community hospitals and the conversion of certain hospitals to critical access hospitals; (4) graduate medical education (GME); (5) Medicare- dependent small rural hospitals with regard to rebasing for discharges during the most current audited fiscal year; (6) geographic reclassification for purposes of disproportionate share hospital (DSH) payments; (7) guidelines for such reclassification by wage index; and (8) hospital geographic reclassification for labor costs for all items and services reimbursed under prospective payment systems. Subtitle B: Medicare+Choice - Amends part C (Medicare+Choice) of SSA title XVIII to make certain adjustments to the calculation of annual capitation rates used in determining payments to Medicare+Choice organizations. (Sec. 112) Repeals the phase-out of certain Medicare reasonable cost reimbursement contracts with respect to health maintenance organizations and competitive medical plans. (Sec. 113) Directs the Secretary of Health and Human Services (HHS) to conduct demonstration projects to establish provider-sponsored organizations and other managed care entities based in rural and frontier areas. Subtitle C: General Payment Provisions - Outlines general payment provisions, including those for: (1) direct Medicare payment for physician assistants, nurse practitioners, and clinical nurse specialists practicing in underserved rural areas; (2) coverage of and payment rules for qualified mental health professional services; and (3) creation of a safe harbor under anti-kickback provisions of SSA title XI part A (General Provisions) for any remuneration from a hospital to an ambulance provider under specified conditions. (Sec. 123) Directs the Secretary to establish a waiver process under which Medicare program entities and individuals treated for reimbursement purposes as located in an urban or large urban area may apply to be considered as located in a rural area if such entity or individual is in fact located in a rural area (according to a specified definition), outside of an urbanized area, or in an area designated by a State as a rural area. Title II: Promoting Access to Health Care Services in Rural Areas under the Medicaid Program - Amends SSA title XIX (Medicaid) to provide for continuation of certain Medicaid reimbursement rules (in existence before the Balanced Budget Act of 1997) for Federally-qualified health centers and rural health clinics, and to cover services of physicians' assistants and nurse practitioners under certain circumstances. Title III: Promoting Access to Health Care Services in Rural Areas under the Internal Revenue Code - Amends the Internal Revenue Code: (1) to exclude from an individual's gross income certain amounts received under the National Health Service Corps Scholarship Program; (2) to revise certain requirements with respect to tax-exempt bonds of certain volunteer fire departments; and (3) allow banks to elect to apply the limitation on the amount of obligations which may be designated deductible small, tax-exempt debts by treating each borrower as the issuer of a separate item. Title IV: Additional Provisions to Address Shortages of Health Professionals in Rural Areas - Requires that, whenever the Secretary promulgates a regulation relating to a health care program, there must be included with the promulgation an analysis of its likely impact on rural areas. (Sec. 402) Amends the Public Health Service Act (PHSA) to include among health professional shortage areas frontier areas with six or fewer residents per square mile. Requires the Secretary to consider any pending retirements or resignations of available physicians when determining whether to designate an area as a health professional shortage area. (Sec. 403) Requires the heads of the National Health Service Corps, the Centers for Disease Control and Prevention, the Agency for Health Care Policy and Research, and the Bureau of the Census to negotiate and enter into interagency agreements with HHS agencies and offices under which they will be provided access to data sets for the intramural and extramural research they conduct or support. (Sec. 404) Amends Federal civil service law to provide for the designation of underserved areas under health care contracts administered by the Office of Personnel Management. (Sec. 405) Mandates and outlines the process for revision of standards for designation of health professional shortage areas under PHSA. Directs the Secretary to develop a definition for the term "frontier" for certain PHSA- and Medicare-related purposes. (Sec. 406) Expresses the sense of Congress that the Secretary should establish within the Public Health Service an Office of Reserve Corps Coordination for the Commissioned Corps to oversee Reserve Corps management and provide for its effective utilization in improving rural health care. Title V: Telemedicine - Subtitle A: Improvements to the Medicare Program - Amends the Balanced Budget Act of 1997 with regard to telehealth services, among other changes to: (1) extend Medicare reimbursement for such services to all Medicare services in all rural areas, including services by physical, occupational, and speech therapists; (2) revise related payment methodology; and (3) add congressional reporting requirements pertaining to the telehealth services program. (Sec. 502) Redesignates the Joint Working Group on Telemedicine as the Joint Working Group on Telehealth, with the chairperson being designated by the Office for the Advancement on Telehealth. Directs the Joint Working Group to ensure that individuals representing the interests of rural areas are members of the Group. Establishes the mission of the Joint Working Group, among other things, as identifying, monitoring, and coordinating Federal telehealth projects and programs. Authorizes appropriations. Subtitle B: Development of Telehealth Networks - Directs the Secretary to provide specified financial assistance for the purpose of expanding access to health care services for individuals in rural frontier areas through the use of telehealth. Authorizes appropriations.
Bill· HRH.R. 1335 (106th)referred
United States · United States Congress · 25 March 1999
COBRA Extension Act of 1999 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to extend health plan insurance continuation coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) for surviving spouses.
Bill· HRH.R. 1313 (106th)referred
United States · United States Congress · 25 March 1999
Patient Freedom from Restraint Act of 1999 - Amends part D (Peer Review) of title XI of the Social Security Act (SSA) to specify Medicare and Medicaid (SSA titles XVIII and XIX) program beneficiaries' rights to freedom from restraint and other abuse while in a psychiatric hospital or other care facility or treatment center. Requires a covered facility to report sentinel events (when a program beneficiary under psychiatric or other specified care dies unexpectedly or suffers injury unrelated to his or her illness or underlying condition) to the appropriate protection and advocacy agency. Allows the imposition of restraints only: (1) to ensure physical safety of the individual or others in the provider's care; and (2) upon the written order of a physician specifying the duration (but no more than two hours) and circumstances under which restraints and seclusion are to be used (except in emergency circumstances specified by the Secretary of Health and Human Services until such an order could reasonably be obtained). Prohibits their simultaneous use. Requires the covered facility to provide for annual staff training on the proper use of restraints and seclusion, to make available to each resident or patient (or guardian) a statement of their rights with regard to such mechanisms along with identifying information on the appropriate protection and advocacy agencies, such information to be posted in the facility where the patients or residents can see and read it. Imposes certain recordkeeping and other reporting requirements with regard to uses of restraints and seclusion, including making available applicable medical record information to the appropriate protection and advocacy agencies for inspection and periodic reporting to the Secretary on the overall use of restraints and seclusion. Requires the Secretary to compile and publish annually a comprehensive summary of the reports on sentinel events. Mandates sanctions for failure to report, which includes a civil money penalty for failure to file sentinel reports, and other specified violations, including those involving staff training.
Bill· HRH.R. 1298 (106th)referred
United States · United States Congress · 25 March 1999
Medicaid Child Eligibility Improvement Act of 1999 - Amends title XIX (Medicaid) of the Social Security Act to permit public schools, child care resource and referral agencies, and child support enforcement agencies, as well as certain public and nonprofit entities that receive specified Federal funds, to determine presumptive eligibility for children under the Medicaid program.
Bill· HRH.R. 1289 (106th)referred
United States · United States Congress · 25 March 1999
Tobacco Use Prevention and Public Health Act of 1999 - Amends title XIX (Medicaid) of the Social Security Act to prohibit as the treatment of an overpayment for Medicaid-related purposes any amount recovered or paid to a State as part of a settlement or judgment reached in litigation initiated or pursued by the State against one or more manufacturers of tobacco products (recovered amounts), if (and to the extent that), with respect to such recovered amounts in a fiscal year, the Secretary of Health and Human Services (HHS) finds that specified conditions will be met, including that the State will use at least 25 percent of recovered amounts for a fiscal year on: (1) specified tobacco control activities, including certain tobacco use reduction activities such as tobacco use cessation programs and school-based and child-oriented education programs to discourage tobacco use, as well as the enforcement of laws relating to tobacco products; and (2) health activities, including public health activities, which include State expenditures for outreach activities. Includes further among such activities: (1) tobacco-related research concerning nicotine addiction; and (2) activities to assist tobacco farmers and workers and communities as they transition to a more broadly diversified economy. Creates the National Tobacco Use Prevention Program (NTUPP), composed of various specified HHS and Department of Agriculture (DOA) subprogram and public awareness campaign components. Includes subprograms to reduce tobacco use by minorities (HHS) and to provide economic stabilization for tobacco farmers (DOA) within NTUPP. Establishes in the Treasury the National Tobacco Use Prevention Account, subject to a specified fiscal year adjustment.
Bill· HRH.R. 1288 (106th)referred
United States · United States Congress · 25 March 1999
Patient Safety Act of 1999 - Requires providers under the Medicare program, as a condition for continued participation in the program, to make publicly available certain minimum information, in addition to information specified by the Secretary of Health and Human Services, regarding nurse staffing and patient outcomes. Requires the following to be made public along with its source and currency status: (1) data regarding complaints filed with the State agency with oversight over health care services, the Health Care Financing Administration, or a provider accrediting agency; (2) compliance with the standards deemed to demonstrate compliance with conditions of Medicare participation; and (3) data regarding investigations and findings as a result of those complaints and the findings of scheduled inspection visits. Allows the Secretary to waive or reduce reporting requirements in the case of a small provider for whom their imposition would be unduly burdensome. Prohibits Medicare providers from terminating or taking any other adverse action against any employee or groups of employees for certain actions, including those taken for the purpose of notifying the provider of conditions potentially dangerous or injurious to patients receiving services from the provider or to employees of the provider. Requires provider suspension from participation in Medicare for taking such an adverse action. Requires any provider under Medicare that files with the Department of Justice and the Federal Trade Commission notification of a transaction required to be reported under the Clayton Act to provide to the Secretary with a report that includes: (1) the overall impact of such transaction on the health services available and readily accessible to the community; and (2) the impact of such transaction on each of various specified subjects, including the availability and accessibility of services to the poor, the uninsured, ethnic minorities, women, the disabled, and the lesbian and gay communities. Requires public availability of such reports, public hearings on their elements and any other factors related to the health, safety, and welfare of patients and the community involved, secretarial review of each such proposed transaction based on the report, hearing testimony, and any other relevant factors. Deems any provider that executes a transaction found to have a negative impact on health and safety (or that fails to file a required report) not to be in compliance with the conditions of Medicare participation. Mandates the provider's immediate suspension from program participation if it completes a transaction that poses immediate jeopardy or irreparable harm to patient health, safety, or welfare.
Resolution· HRESH.Res. 133 (106th)open
United States · United States Congress · 25 March 1999
Declares that the House of Representatives recognizes the social significance of mental illness issues and fully supports the White House Conference on Mental Health.
Resolution· HCONRESH.Con.Res. 79 (106th)referred
United States · United States Congress · 25 March 1999
Declares that Congress should actively oversee the Health Care Financing Administration's administration of the Medicare (title XVIII of the Social Security Act) home health benefit.
Bill· SS. 697 (106th)referred
United States · United States Congress · 24 March 1999
Women's Access to Care Act - Amends the Employee Retirement Income Security Act of 1974, the Public Health Service Act, and the Internal Revenue Code to require a group health plan or a health insurance issuer to permit a woman participant to designate a physician who specializes in obstetrics and gynecology as her primary care provider (with authority to order further gynecological care) in addition to, or in lieu of, a non-obstetrics and gynecology primary care provider. Prohibits a plan or issuer from requiring, in the case of a woman not making such designation, primary care provider referral for routine gynecological care and pregnancy-related services. Amends the Public Health Service Act and the Internal Revenue Code to apply those requirements to health insurance in the individual market.
Law· SS. 704 (106th)enacted
United States · United States Congress · 24 March 1999
Federal Prisoner Health Care Copayment Act of 1999 - Amends the Federal criminal code to authorize the Director of the Bureau of Prisons to assess and collect a fee for health care services provided in connection with each health care visit requested by a prisoner, except for preventative health care services. Requires that each fee assessed be collected by the Director: (1) from the account of the prisoner receiving health care services; or (2) where such services are provided because of an injury inflicted by another prisoner, from the account of the prisoner who inflicted the injury. Sets a minimum fee of two dollars. Specifies that the prisoner's consent shall not be required for the collection of the fee. Specifies that nothing herein may be construed to permit refusal of treatment to a prisoner on the basis that: (1) the prisoner's account is insolvent; or (2) the prisoner is otherwise unable to pay. Requires that sums collected under this Act: (1) be used for restitution of the victims where the prisoner is subject to a restitution order; and (2) be deposited in the Crime Victims Fund (75 percent) and be available to the Attorney General for administrative expenses incurred in carrying out this Act (25 percent) where the prisoner is not subject to such an order. Sets forth reporting requirements by the Director. (Sec. 3) Amends the code to authorize a State or local government to assess and collect a reasonable fee from a Federal prisoner's trust fund account (or institutional equivalent) for health care services if the prisoner is confined in a non-Federal institution under specified circumstances.
Bill· SS. 696 (106th)referred
United States · United States Congress · 24 March 1999
Medicare Prescription Drug Coverage Act of 1999 - Directs the Secretary of Health and Human Services to conduct a study for a report to Congress on establishment of an outpatient prescription drug benefit under Medicare (title XVIII of the Social Security Act (SSA)) that provides for full outpatient prescription drug coverage for Medicare beneficiaries. Amends SSA title XVIII to: (1) provide for the transfer of Federal estate tax revenues to the Federal Hospital Insurance Trust Fund under Medicare in order to offset the costs of the prescription drug benefit above; and (2) establish in the Trust Fund an expenditure account, the Outpatient Prescription Drug Account, to receive such Federal estate tax revenues, to pay for outpatient prescription drugs furnished under this Act.
Bill· HRH.R. 1261 (106th)referred
United States · United States Congress · 24 March 1999
Long-Term Care Insurance Act of 1999 - Amends the Internal Revenue Code to allow a phased- in deduction (20 percent to 100 percent over five years) for eligible long-term care premiums paid on behalf of a taxpayer, spouse, or dependent. Provides that such deduction shall: (1) not be part of the medical deduction; (2) not be available if used as part of the self-employed health insurance deduction; and (3) be available to nonitemizers and itemizers. Reduces the earned income percentage for taxpayers without children. Amends the Social Security Act, with respect to long-term care policy benefits, to exempt 75 percent of certain disregarded assets from State Medicaid recovery. Directs the: (1) Commissioner of the Social Security Administration to inform the public about the financial risks and costs of long-term care costs, and the limited coverage provided under Medicaid and Medicare; and (2) Secretary of Labor to encourage employer-sponsored long-term coverage.
Bill· HRH.R. 1248 (106th)open
United States · United States Congress · 24 March 1999
TABLE OF CONTENTS: Title I: Continuing the Commitment of the Violence Against Women Act Subtitle A: Law Enforcement and Prosecution Grants to Combat Violence Against Women Subtitle B: National Domestic Violence Hotline Subtitle C: Battered Women's Shelters and Services Subtitle D: Community Initiatives Subtitle E: Education and Training for Judges and Court Personnel Subtitle F: Grants to Encourage Arrest Policies Subtitle G: Rural Domestic Violence and Child Abuse Enforcement Subtitle H. National Stalker and Domestic Violence Reduction Subtitle I: Federal Victims' Counselors Subtitle J: Education and Prevention Grants to Reduce Sexual Abuse of Runaway, Homeless, and Street Youth Subtitle K: Victims of Child Abuse Programs Title II: Sexual Assault Prevention Violence Against Women Act of 1999 - Title I: Continuing the Commitment of the Violence Against Women Act - Subtitle A: Law Enforcement and Prosecution Grants to Combat Violence Against Women - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (the Act) to authorize appropriations for grants to combat violent crimes against women. (Sec. 102) Revises grant allocation guidelines governing prosecution grants, victims' services and State court systems,. Expands grant purposes to include training that addresses sexual assault, domestic violence, and stalking for State, local, and tribal judicial personnel, as well as training of sexual assault forensic nurse examiners, and supporting the development of sexual assault response teams. Directs the Attorney General to deny State grant applications that fail to provide documentation of collaborative efforts with other agencies or organizations. Redefines "victims' services" to include advocacy and assistance for victims seeking legal, social, and health care services. Includes as a prerequisite for Federal reimbursement of forensic medical exams of victims of sexual assault that the participating governmental entity notify all victims that such reimbursement is neither contingent upon the victim's report to law enforcement officials, nor upon the victim's cooperation in the prosecution of the assault. (Sec. 103) Directs the Attorney General to make grants to State domestic violence and sexual assault coalitions for purposes of coordinating with: (1) victim services activities; and (2) Federal, State, and local entities engaged in violence-against-women activities. Subtitle B: National Domestic Violence Hotline - Amends the Family Violence Prevention and Services Act (FVPSA) to authorize increased appropriations for the national domestic violence hotline grant. Requires grantees to submit a grant evaluation report to the Secretary of Health and Human Services (the HHS Secretary) for publication and public comment as a prerequisite to a grant award or renewal. Subtitle C: Battered Women's Shelters and Services - Battered Women's Shelters and Services Act - Amends the FVPSA to authorize appropriations for State grants. Modifies guidelines governing: (1) allotment of appropriations; (2) grants for information and technical assistance centers; and (3) authorization of appropriations. (Sec. 123) Instructs the HHS Secretary to award grants for: (1) State domestic violence coalitions and local domestic violence programs providing shelter or related assistance, in order to develop model strategies to address domestic violence in underserved populations; (2) each State domestic violence coalition for an emergency assistance fund for domestic violence victims; (3) technical assistance and training for State and local domestic violence programs; and (4) private, nonprofit, tribal domestic violence coalitions with representatives from a majority of the programs for victims of domestic violence operating within Indian reservations, and programs whose primary focus is the populations of such Indian country. Subtitle D: Community Initiatives - Authorizes appropriations for demonstration grants for community initiatives. Subtitle E: Education and Training for Judges and Court Personnel - Amends the Equal Justice for Women in the Courts Act of 1994 to permit training grants for judges and court personnel to include: (1) child custody, visitation, and safety issues raised by domestic violence and child sexual assault; and (2) the extent to which addressing domestic violence and victim safety contributes to the efficient administration of justice. Authorizes appropriations. Subtitle F: Grants to Encourage Arrest Policies - Amends the Act to reauthorize appropriations to implement the functions of the Bureau of Justice Statistics. (Sec. 153) Mandates that at least five percent of appropriated funds be used for grants to Indian tribal governments to treat domestic violence as a serious violation of criminal law. Subtitle G: Rural Domestic Violence and Child Abuse Enforcement - Amends the Safe Homes for Women Act of 1994 to authorize appropriations for rural domestic violence and child abuse enforcement. Mandates that five percent of such funds be used for grants to Indian tribal governments. Subtitle H: National Stalker and Domestic Violence Reduction - Amends the Safe Homes for Women Act of 1994 to authorize appropriations for grants to enter stalking and domestic violence data into crime information databases. Subtitle I: Federal Victims' Counselors - Amends the Safe Streets for Women Act of 1994 to authorize appropriations for the United States Attorneys to appoint Victim-Witness counselors for the prosecution of domestic violence and sexual assault crimes. Subtitle J: Education and Prevention Grants to Reduce Sexual Abuse of Runaway, Homeless, and Street Youth - Amends the Runaway and Homeless Youth Act to authorize appropriations for street-based outreach and education to prevent sexual abuse and exploitation. Subtitle K: Victims of Child Abuse Programs - Amends the Victims of Child Abuse Act of 1990 to authorize appropriations for: (1) the court-appointed special advocate program; and (2) child abuse training programs for judicial personnel and practitioners. (Sec. 195) Amends the Act to authorize appropriations for grants for closed-circuit televising of testimony of child abuse victims. Title II: Sexual Assault Prevention - Amends the Public Health Service Act to require the use of certain State funds exclusively for rape prevention and education programs conducted by rape crisis centers and private nonprofit nongovernmental State and tribal sexual assault coalitions for specified programs. (Sec. 201) Instructs the HHS Secretary to establish a National Resource Center on Sexual Assault when appropriations reach a specified minimum level. Mandates that State grantors ensure that at least 25 percent of the funds are devoted to educational programs targeted for middle school, junior high, and high school aged students. Authorizes appropriations.
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