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Bill· SS. 203 (103rd)referred
United States · United States Congress · 26 January 1993
Long-Term Care Insurance Improvement and Accountability Act - Amends the Public Health Service Act to mandate the establishment of model Federal standards for long-term care insurance. Prohibits the offering of a long-term care insurance policy in a State unless the State has a regulatory program meeting the requirements of this Act or the policy has been certified by the Secretary of Health and Human Services. Authorizes grants to States for demonstration programs to improve enforcement of the standards. Authorizes appropriations. Imposes on agents selling long-term policies a duty of good faith and fair dealing. Prohibits twisting, high pressure tactics, and cold lead advertising. Mandates minimum financial standards, including income and asset criteria, for advising individuals considering the purchase of a long-term policy. Prohibits sales: (1) to an individual eligible for assistance under title XIX (Medicaid) of the Social Security Act; (2) of duplicate service policies; and (3) of policies that reduce, limit, or coordinate benefits on the basis of eligibility for other coverage or benefits. Provides for: (1) criminal and civil penalties; and (2) agent training and certification. Sets forth additional carrier responsibilities relating to refunding of premiums, mailing of policies, providing information on denials of claims, reporting of information, and limiting compensation to agents for the sale or renewal of policies. Prohibits cancellation or nonrenewal of a long-term care policy except for nonpayment of premium or material misrepresentation. Sets forth continuation and conversion rights for group policies, regulating premiums for converted policies. Requires guaranteed issuance to an individual if the individual meets the minimum medical requirements of the policy. Mandates standards regarding upgraded benefits. Limits cancellation for nonpayment by an incapacitated individual. Requires: (1) subject to exceptions, uniform language and definitions, a uniform format, and at least one standard benefit package; and (2) disclosure of certain matters, including an outline of coverage. Mandates recommendations by the National Association of Insurance Commissioners (NAIC) regarding informing consumers on the long-term economic viability of long-term care insurance carriers. Limits certain conditions on benefits. Requires, if benefits are provided for home health care or community-based services, that certain minimum benefits be provided. Prohibits treating cognitive or mental impairments (including Alzheimer's disease and mental illness) differently from other medical conditions. Limits preexisting condition requirements. Requires: (1) each claimant to have a functional assessment by an individual or entity meeting NAIC qualifications and unconnected to the policy issuer; (2) inflation protection, unless rejected in writing by a policyholder; (3) disclosure of certain premium increases; and (4) nonforfeiture benefits. Prohibits a carrier from contesting a policy or claim based on fraud or misrepresentation unless notice is provided within a time period set by NAIC. Establishes the right of a purchaser to return a policy within a specified period. Defines "long-term care insurance policy," excluding: (1) any basic Medicare supplemental policies; (2) other insurance offered primarily to provide specified types of coverage; and (3) certain life insurance policies. Authorizes grants for programs to provide information, counseling, and assistance regarding the procurement of long-term insurance. Authorizes appropriations.
Bill· SJRESS.J.Res. 20 (103rd)referred
United States · United States Congress · 26 January 1993
Designates the weeks of February 7 through 13, 1993, and February 6 through 12, 1994, as National Burn Awareness Week.
Bill· HRH.R. 615 (103rd)referred
United States · United States Congress · 26 January 1993
TABLE OF CONTENTS: Title I: Establishment of Office of Breast Cancer and National Breast Cancer Commission Title II: Duties of Director of the National Cancer Institute Relating to Breast Cancer National Breast Cancer Strategy Act of 1993 - Title I: Establishment of Office of Breast Cancer and National Breast Cancer Commission - Amends the Public Health Service Act to establish: (1) the Office of Breast Cancer in the Office of the Assistant Secretary for Health; and (2) the National Breast Cancer Commission to study public and private breast cancer prevention, early detection, treatment, education, and research. Title II: Duties of Director of the National Cancer Institute Relating to Breast Cancer - Authorizes appropriations for conducting and supporting breast cancer research. Adds biomedical and behavioral research, training, and dissemination of information regarding breast cancer to the duties of the National Cancer Institute Director. Establishes the Rose Kushner Scholarship Program of scholarships in exchange for completing post-graduate clinical oncology training and serving as National Institutes of Health (NIH) employees carrying out breast cancer programs. Establishes a program of educational loan repayments in exchange for breast cancer activities as NIH employees. Authorizes appropriations for at least ten programs for research on breast, lung, and prostate cancer under designated Specialized Programs of Research Excellence.
Bill· HRH.R. 633 (103rd)referred
United States · United States Congress · 26 January 1993
Amends the Internal Revenue Code to allow an individual an income tax deduction for qualified home health care and adult day and respite care expenses with respect to a dependent who: (1) resides with the taxpayer; (2) suffers from Alzheimer's disease or a related organic brain disorder; and (3) is physically or mentally incapable of self-care.
Resolution· HCONRESH.Con.Res. 25 (103rd)referred
United States · United States Congress · 26 January 1993
Declares that it is the sense of the Congress that: (1) access to health care services is a fundamental human right; (2) all legislative proposals by the President and the Congress concerning national health care reform and any initiatives to improve the delivery of health care should be based upon recognition of such right; and (3) legislative proposals should be specifically developed which make policy changes necessary to protect and guarantee such right.
Bill· HRH.R. 568 (103rd)referred
United States · United States Congress · 25 January 1993
Contraception and Infertility Research Centers Act of 1993 - Amends the Public Health Service Act to mandate grants or contracts for centers for improving methods of contraception and diagnosing and treating infertility. Requires each center to: (1) conduct applied research; (2) develop training protocols and conduct training; (3) develop model continuing education programs; and (4) disseminate information to professionals. Allows funds to be used for: (1) stipends for training program enrollees; and (2) fees to clinical trial subjects. Authorizes appropriations. Establishes a program of agreements with health professionals to conduct contraception or infertility research in return for the Government repaying the professionals' educational loans.
Bill· HRH.R. 560 (103rd)referred
United States · United States Congress · 25 January 1993
Emergency Nurse Shortage Relief Act of 1993 - Amends title VIII (Nurse Education) of the Public Health Service Act to authorize the Secretary of Health and Human Services to make grants for programs to: (1) promote nursing as a career, including promotion in public secondary schools; (2) identify and provide internships to students in such schools who show an interest in health care; and (3) recruit nursing students from groups not traditionally well represented in the profession. Authorizes appropriations. Authorizes the Secretary to make grants for programs to: (1) encourage and assist non-practicing nurses to reenter the profession; (2) train nurses as nurse practitioners or nurse midwives or in areas of needed specialized nursing skills; and (3) provide tuition assistance to students in educational programs designed to facilitate reentry. Authorizes appropriations. Authorizes the Secretary to make grants for programs to: (1) increase the attractiveness of nursing as a career through changes in wage structures, employment options and benefits, and the role of nurses in health care facilities; and (2) demonstrate innovative methods of providing for career advancement and encourage nurses and nurse assistants to continue nursing education. Authorizes appropriations. Authorizes the Secretary, subject to appropriations, to establish a program to insure educational loans to individuals with a degree as a registered nurse for educational expenses related to training nurses as nurse practitioners or nurse midwives or in areas of needed specialized nursing skills. Makes provisions of the program of Insured Health Educations Assistance Loans to Graduate Students, established by current law in the Public Health Service Act, apply to this program except as inconsistent. Authorizes the Secretary, subject to appropriations, to enter into agreements with eligible individuals to assist in repaying specified amounts of their eligible educational loans. Sets forth criteria for an individual to be eligible to receive assistance, including a requirement that the individual agree to work full-time as a registered nurse in a nursing crisis area. Sets forth a schedule for loan repayment by the Secretary to the holder of the loans based on the number of years of work completed as agreed. Amends the Internal Revenue Code to allow C corporations a tax credit for 20 percent of the amount paid or incurred as qualified nursing scholarships.
Bill· HJRESH.J.Res. 69 (103rd)referred
United States · United States Congress · 25 January 1993
Designates the weeks beginning February 7, 1993, and February 6, 1994, as "National Burn Awareness Week."
Resolution· HRESH.Res. 40 (103rd)referred
United States · United States Congress · 25 January 1993
Expresses the sense of the House of Representatives that the President should: (1) release all humanitarian, development, and economic assistance that was authorized and appropriated by the Congress for Nicaragua in FY 1992 and 1993; (2) direct development-related assistance to small farmers and businesses, maternal and child health care programs, education programs for children, and programs that will assist Nicaragua in strengthening institutions that promote democracy, human rights, and the rule of law; and (3) encourage the democratically elected Government of Nicaragua to make progress in resolving property disputes, investigating and prosecuting human rights violations, and reducing military expenditures.
Resolution· HCONRESH.Con.Res. 22 (103rd)referred
United States · United States Congress · 25 January 1993
Declares that the Congress should: (1) establish a program of research for the development of methods of contraception and of diagnosing and treating infertility; (2) provide long-term resources for the program; (3) ensure that Federal programs with respect to sexually transmitted diseases respond to the role of such diseases in infertility; (4) ensure public education on contraception and infertility; (5) establish as Federal goals the development, by the year 2010, of improved barrier methods to protect against pregnancy and diseases, new methods of contraception for use by men, a vaccine-like drug for women that prevents pregnancy for a significant period of time without other specified effects, and improved techniques of diagnosing and treating infertility; (6) require the Secretary of Health and Human Services to reestablish the Ethical Advisory Board to facilitate infertility research; (7) review the policies of the Food and Drug Administration for expediting approval of drugs and devices for use by the public, especially with respect to contraception and infertility; and (8) determine to what extent measures can be implemented to resolve liability issues.
Resolution· HCONRESH.Con.Res. 21 (103rd)referred
United States · United States Congress · 25 January 1993
Expresses the sense of the Congress that any health care reform legislation enacted to meet the health care needs of the people of the United States should emphasize disease prevention and encourage the development of healthy lifestyles.
Bill· SS. 104 (103rd)open
United States · United States Congress · 21 January 1993
Amends the Public Health Service Act to establish in the National Heart, Lung, and Blood Institute the National Center for Sleep Disorders Research to conduct and support such research, research training, information dissemination, and other programs. Mandates a comprehensive research plan, a Sleep Disorders Coordinating Committee, and a Sleep Disorders Research Advisory Board. Authorizes data collection, studies, and information dissemination concerning the impact of sleep disorders and sleep deprivation by the Secretaries of: (1) Transportation on transportation safety; (2) Defense on military readiness; (3) Education on learning and education; (4) Labor on the workplace and industry; and (5) Commerce on commerce and industrial capacity.
Bill· SS. 18 (103rd)open
United States · United States Congress · 21 January 1993
TABLE OF CONTENTS: Title I: Health Care Insurance Reform Provisions Subtitle A: Model Health Care Insurance Benefits Plan Subtitle B: Managed Care Subtitle C: Small Employer Purchasing Groups Subtitle D: Insurance Market Reform Subtitle E: Deduction for Health Insurance Costs of Self-Employed Individuals Title II: Primary and Preventive Care Services Title III: Disclosure of Certain Information to Beneficiaries Under the Medicare and Medicaid Programs Title IV: Patient's Right to Decline Medical Treatment Title V: Primary and Preventive Care Providers Title VI: Medicare Preferred Provider Demonstration Projects Title VII: Cost Containment Title VIII: Long-Term Care Subtitle A: Tax Treatment of Qualified Long-Term Care Insurance Policies Subtitle B: Tax Incentives for Purchase of Qualified Long-Term Care Insurance Subtitle C: Medicaid Amendments Comprehensive Health Care Act of 1993 - Title I: Health Care Insurance Reform Provisions - (Sec. 101) Mandates development of: (1) a model health care insurance benefits plan containing standards that entities offering health insurance policies should meet; and (2) recommended standards that insurers offering managed care plans should meet. Establishes the Managed Care Advisory Committee. (Sec. 112) Preempts State laws regarding certain aspects of managed care. (Sec. 121) Sets forth small employer purchasing group requirements. Allows participating carriers to use risk sharing. Requires carriers to offer substantially similar benefits to enrollees. Prohibits carriers from varying rates to employers or enrollees based on claim experience, health status, or issue duration. Mandates a mechanism to collect premiums from employers, including remittance of the enrollee's premium share. Authorizes formation and initial operation grants. Authorizes appropriations. (Sec. 122) Preempts State mandates for small employer purchasing groups. (Sec. 131) Amends the Internal Revenue Code (IRC) to prohibit considering a small employer health insurance contract as a contract (for certain provisions of the IRC relating to insurance companies) unless the contract: (1) provides benefits consistent with the model plan; (2) meets pricing and marketing requirements; (3) is guaranteed issue; and (4) meets rating and renewal disclosure requirements. Sets forth eligibility, preexisting condition, renewability, and rate requirements. Authorizes an agreement between the Secretary of Health and Human Services and a State to: (1) apply the standards set by the National Association of Insurance Commissioners (NAIC) in place of these requirements; and (2) have the State make the initial determination whether a person is in compliance. Requires NAIC to adopt standards substantially similar to these provisions. (Sec. 141) Increases and makes permanent the deduction for the health insurance costs of self-employed individuals. Title II: Primary and Preventive Care Services - (Sec. 201) Authorizes grants: (1) to States for coordinated, multidisciplinary, and comprehensive primary health care and social services for pregnant women and infants; and (2) for the development of model health and nutrition curricula for children in primary and secondary education. Authorizes appropriations. (Sec. 202) Amends the Public Health Service Act to authorize appropriations for: (1) immunization programs; (2) tuberculosis and sexually transmitted disease prevention programs; (3) migrant and community health centers; (4) health services for the homeless; (5) family planning services; (6) breast and cervical cancer prevention; (7) preventive health and health services block grants; and (8) early intervention services regarding human immunodeficiency virus (HIV) disease. Amends title V (Maternal and Child Health Services Block Grant) of the Social Security Act to authorize appropriations to improve the health of all mothers and children. (Sec. 203) Amends the Elementary and Secondary Education Act of 1965 to replace provisions relating to school health education with provisions mandating grants to States for local programs of comprehensive health education and prevention, early health intervention, and health education in elementary and secondary schools. Establishes the Office of Comprehensive School Health Education. Authorizes appropriations. (Sec. 204) Mandates grants to Head Start training agencies for training and technical assistance regarding health education to Head Start teachers and other child care providers. Reserves funds for the development of innovative model health education programs or curricula. Authorizes appropriations. Title III: Disclosure of Certain Information to Beneficiaries under the Medicare and Medicaid Programs - (Sec. 301) Amends title II (Old Age, Survivors, and Disability Insurance) (OASDI) of the Social Security Act to mandate regulations requiring each provider receiving payment under titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to: (1) make available to service recipients an annual report regarding rates of mortality and nosocomial infection, frequently-performed tests, and malpractice claims; (2) make certain information available before an invasive procedure or treatment is performed; and (3) inform individuals of their right to refuse information and treatment, to refuse provider attendance, and to leave the premises. (Sec. 302) Authorizes grants for outreach activities to inform Medicare beneficiaries of the information. Authorizes appropriations. Mandates a Medicaid outreach program. Title IV: Patient's Right to Decline Medical Treatment - (Sec. 401) Prohibits State restrictions, except to protect a third party, on the right: (1) of a competent person to consent to or decline medical treatment; or (2) of an incompetent person to consent to or decline medical treatment through mandated national forms containing advance directives and durable powers of attorney. Requires all health care providers to honor the forms. Shields providers who act in good faith from criminal or civil liability or professional discipline. Denies Medicare and Medicaid payment for services contrary to advance directives. (Sec. 403) Declares that this title does not permit, condone, authorize, or approve suicide or mercy killing or any affirmative act to end a human life. (Sec. 405) Requires conforming changes to policies relating to Medicare and Medicaid advance directives provisions. (Sec. 406) Requires that information on an individual's right to consent to or decline treatment be provided periodically to beneficiaries under titles II (Old Age, Survivors, and Disability Insurance) (OASDI), XVI (Grants to States for Aid to the Aged, Blind, or Disabled), XVIII (Medicare), and XIX (Medicaid) of the Social Security Act. (Sec. 407) Mandates recommendations to the Congress concerning the medical, legal, ethical, social, and educational issues related to this title. Title V: Primary and Preventive Care Providers - (Sec. 501) Amends Medicare provisions to modify or establish payment requirements regarding certified nurse midwives, nurse practitioners, clinical nurse specialists, and physician assistants. Mandates bonus payments for such individuals and for certified registered nurse anesthetists for service in health professional shortage areas. (Sec. 502) Includes physician assistants, nurse practitioners, clinical nurse specialists, and certified registered nurse anesthetists in the Medicaid definition of "medical assistance" for which payment will be made. (Sec. 503) Amends the Public Health Service Act to establish grants programs to: (1) provide medical (including osteopathic medical) students for programs to interest high school or college students in careers in general medical practice; and (2) develop strategies for recruiting and placing medical students interested in practicing general medicine. Authorizes appropriations. (Sec. 505) Amends Medicare provisions to allow entities with approved medical residency training programs (as well as hospitals) to receive payments for direct medical education costs. Mandates payments for indirect costs of medical education. Modifies requirements regarding payments to hospitals for such indirect costs. Title VI: Medicare Preferred Provider Demonstration Projects - (Sec. 601) Provides for up to ten demonstration projects to test the effectiveness of providing payment under Medicare for primary and specialty procedures and services furnished by preferred provider organizations. Allows waiver of Medicare requirements as necessary. Title VII: Cost Containment - (Sec. 701) Amends the Public Health Service Act to authorize a program of clinical trials regarding promising new drugs and disease treatments. Authorizes appropriations. (Sec. 702) Authorizes appropriations for the Agency for Health Care Policy and Research. Amends the Internal Revenue Code to impose a tax on health insurance premiums. Requires that the tax be paid by any person who makes, signs, issues, or sells any of the documents and instruments subject to the tax or for whose use or benefit the same are made, signed, issued, or sold. Establishes, and deposits the resulting taxes in, the Trust Fund for Medical Treatment Outcomes Research. Mandates annual distributions from the Trust Fund for outcomes research. (Sec. 703) Requires a report to the Congress on the establishment of national spending targets for health care and health care services. Establishes the Health Care Cost Control Advisory Committee. Title VIII: Long-Term Care - (Sec. 802) Amends the Internal Revenue Code to define "qualified long-term care premiums" to include dollar premium limits. (Sec. 803) Requires, for provisions relating to insurance companies, references to noncancellable accident or health insurance contracts to be treated as including a reference to qualified long-term care insurance. (Sec. 804) Excludes from gross income amounts paid under a life insurance contract to an individual who is terminally ill, has a dread disease, or is permanently confined to a nursing home. (Sec. 811) Allows a tax credit for a portion of long-term care insurance premiums. (Sec. 812) Allows a deduction for such premiums, including premiums for long-term care insurance for a parent or grandparent. (Sec. 813) Excludes from gross income benefits received under long-term care insurance. (Sec. 814) Provides for the treatment of long-term care insurance with regard to deferred benefits and employer deductions and cafeteria plans. (Sec. 816) Excludes from gross income amounts: (1) distributed from an individual retirement plan or section 401(k) plan if the amounts are used for long-term care premiums or expenses, increasing the maximum amount of individual retirement plan deductions; (2) on the surrender, cancellation, or exchange of a life insurance contract if the individual is at least a specified age and the amount is used to pay for long-term care insurance; and (3) on a home equity conversion sale-leaseback, if a portion of the proceeds are used to purchase long-term care insurance. (Sec. 821) Amends title XIX (Medicaid) of the Social Security Act to outline eligibility requirements for: (1) nursing facility benefits; and (2) medical assistance for home and community-based long-term care.
Bill· SS. 8 (103rd)open
United States · United States Congress · 21 January 1993
TABLE OF CONTENTS: Title I: Death Penalty Title II: Habeas Corpus Reform Title III: Exclusionary Rule Title IV: Rural Crime and Drug Control Title V: Firearms and Related Amendments Title VI: Juveniles and Gangs Title VII: Terrorism and International Matters Title VIII: Sexual Violence, Child Abuse, and Victims' Rights Title IX: Equal Justice Act Title X: Funding, Grant Programs, and Studies Title XI: Illegal Drugs Title XII: Public Corruption Title XIII: General Provisions Title XIV: Technical Corrections Title XV: Federal Law Enforcement Agencies Title XVI: Federal Prisons Title XVII: Pre-Trial Interrogation Crime Control Act of 1993 - Title I: Death Penalty - Federal Death Penalty Act of 1993 - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. (Sec. 102) Allows the defendant and the Government to present any information relevant to sentencing (including victim impact statements), but permits evidence to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. Sets forth: (1) procedures for the implementation of, and appeal from, a sentence of death; and (2) provisions regarding the appointment of counsel, deadlines for collateral attacks on judgments imposing a death sentence, and stays of execution. (Sec. 110) Provides for the imposition of the death penalty for various offenses, including: (1) murder committed by prisoners in Federal prisons; (2) murder for hire; (3) murder in the aid of racketeering activity; (4) specified violations of the Controlled Substances Act (CSA); (5) murder of Federal witnesses; (6) rape and child molestation murders; and (7) murders in the District of Columbia. Title II: Habeas Corpus Reform - Subtitle A: General Habeas Corpus Reform - Habeas Corpus Reform Act of 1993 - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. (Sec. 204) Vests authority to issue certificates of probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Subtitle B: Death Penalty Litigation Procedures - Death Penalty Litigation Procedures Act of 1993 - Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases. Subtitle C: Equalization of Capital Habeas Corpus Litigation Funding - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to require the Director of the Bureau of Justice Assistance (BJA) to provide grants to the States to support litigation pertaining to Federal habeas corpus petitions in capital cases. Title III: Exclusionary Rule - Amends the Federal criminal code to bar the exclusion of evidence obtained as a result of a search or seizure carried out under circumstances justifying an objectively reasonable belief that it was in conformity with the fourth amendment. Title IV: Rural Crime and Drug Control - Subtitle A: Drug Trafficking in Rural Areas - Amends the Omnibus Act to authorize appropriations for rural law enforcement agencies (LEAs) and increase the base allocation to nonrural States for rural drug enforcement assistance. (Sec. 402) Requires: (1) the Attorney General to establish a Rural Crime and Drug Enforcement Task Force in each Federal judicial district which encompasses significant rural lands, and to cross-designate up to 100 law enforcement officers from specified Federal agencies to enforce provisions of the CSA on non-Federal lands and the Federal criminal code; and (2) the Director of the Federal Law Enforcement Training Center to develop specialized training for rural law enforcement officers. Subtitle B: Rural Drug Prevention and Treatment - Amends the Public Health Service Act to require the Director of the Office for Treatment Improvement to establish a program to provide grants to hospitals, community health centers, and other appropriate entities in developing and implementing projects that provide, or expand the availability of, substance abuse treatment services. Subtitle C: Rural Areas Enhancement - Sets forth provisions regarding: (1) forfeiture of assets seized as a result of investigations initiated by a Rural Drug Enforcement Task Force; and (2) the bringing of criminal charges (including counts involving illegal disposal of hazardous waste and knowing endangerment of the environment) and civil actions (including assessment of environmental and health-related damages) against the operators of clandestine methamphetamine and other dangerous drug laboratories. Title V: Firearms and Related Amendments - Amends the Federal criminal code to establish penalties for smuggling firearms in aid of drug trafficking and for theft of firearms and explosives. (Sec. 503) Increases penalties for: (1) making knowingly false, material statements in connection with the acquisition of a firearm from a licensed dealer; and (2) interstate gun trafficking. (Sec. 504) Authorizes the summary destruction of explosives subject to forfeiture under specified circumstances. Sets forth requirements for reimbursement of the value of destroyed property. (Sec. 506) Prohibits: (1) the receipt of firearms by non-residents of the State in which the transferor resides, unless such receipt is for lawful sporting purposes; (2) transactions involving stolen firearms which have moved in interstate or foreign commerce; and (3) the possession of explosives by felons and specified others. (Sec. 511) Amends: (1) the Internal Revenue Code regarding the disposition of forfeited firearms; and (2) the Federal criminal code regarding the definition of burglary under the Armed Career Criminal Act of 1984. Title VI: Juveniles and Gangs - Anti-Gang and Juvenile Offenders Act of 1993 - Subtitle A: Increased Penalties for Employing Children to Distribute Drugs Near Schools and Playgrounds - Amends the CSA to increase the penalty for employing, using, inducing, or coercing individuals under age 18 to violate provisions of such Act, or to assist in avoiding detection or apprehension for certain offenses under such Act by Federal, State, or local law enforcement officials. Subtitle B: Antigang Provisions - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to authorize the Administrator of the Office of Juvenile Justice and Delinquency Prevention to make grants to States and units of local government to assist them in planning, coordinating, and evaluating projects to reduce the formation or continuation of juvenile gangs and the use and sale of illegal drugs by juveniles. (Sec. 623) Sets penalties for the commission of a felony crime of violence, felony involving a controlled substance, and specified other offenses in, for, or in association with a criminal street gang. Subtitle C: Juvenile Penalties - Amends the Federal criminal code to: (1) add certain firearms offenses to those over which the United States has juvenile delinquency jurisdiction; and (2) provide for the treatment of violent juveniles who commit firearms offenses as adults under certain circumstances. (Sec. 632) Classifies as serious drug offenses for purposes of the Armed Career Criminal Act serious drug offenses committed by juveniles. (Sec. 633) Amends the Omnibus Act to require the Director of the BJA to make grants to States, for use by States and units of local governments, to develop alternatives to incarceration and probation for young offenders which promote reduced recidivism, crime prevention, and victim assistance. Subtitle D: Other Provisions - Includes among permissible uses of drug control and system improvement grants (under the Omnibus Act) programs that address the need for effective bindover systems for the prosecution of violent 16- and 17-year olds in courts with jurisdiction over adults for specified crimes. (Sec. 642) Directs: (1) the Attorney General to develop a national strategy to coordinate gang-related investigations by Federal LEAs, and prepare a report on national gang violence to be submitted to the President and the Congress; and (2) the Director of the Federal Bureau of Investigation (FBI) to acquire and collect information on incidents of gang violence for inclusion in an annual uniform crime report. (Sec. 643) Prohibits a juvenile from being transferred to adult prosecution or a hearing held under section 5037 (disposition after a finding of juvenile delinquency) until any prior juvenile court records have been received by the court or other specified conditions are met. Title VII: Terrorism and International Matters - Repeals the Antiterrorism Act of 1990. Establishes a civil remedy for U.S. nationals (and their survivors or estates) injured, in their person, property, or business, by acts of international terrorism. (Sec. 702) Amends the Federal criminal code to: (1) make it a criminal offense to provide material support to terrorists; and (2) provide for forfeiture of assets used to support terrorists. (Sec. 704) Authorizes the Attorney General to waive immigration admission and other legal requirements and grant permanent resident status for alien witnesses who cooperate with the Government in Federal or State prosecutions. (Sec. 713) Amends the Federal criminal code to: (1) establish penalties for removing a child from, or retaining a child outside, the United States with intent to obstruct the lawful exercise of parental rights; (2) provide for the prosecution of individuals who murder U.S. nationals abroad; and (3) permit FBI access to telephone subscriber information under specified circumstances. Title VIII: Sexual Violence, Child Abuse, and Victims' Rights - Subtitle A: Sexual Violence and Child Abuse - Sexual Assault Prevention Act of 1993 - Chapter 1: Sexual Violence - Subchapter A: Penalties and Remedies - Provides for: (1) pretrial detention in sex offense cases; and (2) the imposition of the death penalty for murders committed by sex offenders. (Sec. 803) Increases penalties for: (1) recidivist sex offenders; and (2) sex offenses against victims below age 16. (Sec. 805) Sets forth provisions regarding: (1) sentencing guideline increases for sex offenses; (2) human immunodeficiency virus testing, penalty enhancement, and cost of testing in sex offense cases; (3) restitution and suspension of Federal benefits; and (4) creation of a civil remedy for victims of sexual violence. Subchapter B: Rules of Evidence, Practice, and Procedure - Amends the Federal Rules of Evidence to allow evidence of similar offenses in criminal or civil sexual assault and child molestation cases. (Sec. 822) Revises the rape victim shield law, including making the past sexual behavior of an alleged victim inadmissible in civil as well as criminal cases. Makes inadmissible evidence to show provocation or invitation by the victim in a sex offense criminal case. (Sec. 824) Sets forth provisions regarding: (1) review of proposed Rules of Professional Conduct for Lawyers in Federal Practice; (2) a victim's right to allocation (to be present, make a statement, and present information) at the sentencing hearing of a defendant convicted of a crime of violence or sexual abuse; and (3) a victim's right of privacy. Subchapter C: Safe Campuses - Directs the Attorney General to provide for a national baseline study on campus sexual assault. Subchapter D: Assistance to States and Localities - Authorizes the Attorney General to make grants to support projects and programs relating to sexual violence, and supplementary grants for States adopting effective laws relating to sexual violence. Chapter 2: Domestic Violence and Offenses Against the Family - Amends the Federal criminal code to: (1) set penalties for noncompliance with child support obligations in interstate cases; and (2) require full faith and credit for protective orders. (Sec. 853) Creates a presumption against child custody for spouse abusers. (Sec. 854) Directs the Attorney General to report to the Congress on: (1) the status of battered women's syndrome as a medical and psychological condition and its effect in criminal trials; (2) the means by which abusive spouses may obtain information concerning the addresses or locations of estranged or former spouses; and (3) problems of recordkeeping of criminal complaints involving domestic violence. (Sec. 857) Authorizes the Attorney General to make grants to support projects and programs relating to domestic violence and other unlawful acts that particularly affect women. Chapter 3: National Task Force on Violence Against Women - Directs the Attorney General to establish a National Task Force on Violence Against Women. Subtitle B: Victims' Rights - Sets forth provisions regarding: (1) restitution and suspension of Federal benefits; and (2) the number of peremptory challenges under the Federal Rules of Criminal Procedure. Subtitle C: National Child Protection Act - National Child Protection Act of 1993 - Provides for: (1) State reporting of child abuse crime information to a national criminal background check system; (2) funding to improve such information; and (3) the withholding of a portion of such funding to States not in compliance with a timetable established under this Act. Subtitle D: Jacob Wetterling Crimes Against Children Registration Act - Jacob Wetterling Crimes Against Children Registration Act - Directs the Attorney General to establish guidelines for State programs requiring any person who is convicted of a criminal offense against a minor to register a current address with a designated State law enforcement agency for ten years after release from prison or being placed on parole or supervised release. Sets forth registration, State compliance, and related requirements. Title IX: Equal Justice Act - Equal Justice Act - Requires that the death penalty and all other penalties be administered by the United States and by every State without regard to the race or color of the defendant or victim. Bars the use of any racial quota or statistical test for the imposition or execution of any penalty. (Sec. 903) Sets forth provisions regarding: (1) safeguards against racial prejudice or bias in criminal courts; and (2) jury instructions and certification, and racial motivation in killings as an aggravating factor, in Federal capital cases. (Sec. 905) Amends specified civil rights provisions to cover conspiracy against rights, and deprivation of rights under color of law, of any person in (currently, inhabitant of) a State, territory, or district. Title X: Funding, Grant Programs, and Studies - Subtitle A: Safer Streets and Neighborhoods - Law Enforcement Enhancement Act of 1993 - Amends the Omnibus Act to: (1) authorize grants to State and local agencies for the hiring of law enforcement personnel; (2) continue the Federal-State funding formula through 1994; and (3) revise the funding formula with respect to the allocation and distribution of funds under formula grants. Subtitle B: Retired Public Safety Officer Death Benefit - Includes retired public safety officers who have died or become permanently and totally disabled as a result of injuries sustained while responding to a fire, rescue, or police emergency among those eligible for death and disability benefits. Subtitle C: Study on Police Officers' Rights - Directs the Attorney General to conduct a study of the procedures followed in internal, noncriminal investigations of State and local law enforcement officers to determine if such investigations are conducted fairly and effectively. Subtitle D: Cop-on-the-Beat Grants - Cop-on-the-Beat Act of 1993 - Amends the Omnibus Act to authorize the Director of the BJA to make grants to units of local government and community groups to establish or expand cooperative efforts between police and a community for purposes of increasing the police presence in the community. Subtitle E: National Commission to Support Law Enforcement - National Commission to Support Law Enforcement Act - Establishes a National Commission to Support Law Enforcement to study and recommend changes regarding LEAs and law enforcement issues on the Federal, State, and local levels. Subtitle F: Other Provisions - Amends the Omnibus Act to: (1) require the Director of the BJA to establish guidelines and oversee the implementation of family-friendly policies within law enforcement-related offices and divisions in the Department of Justice, identify and evaluate model programs that provide support services to law enforcement personnel and families, and take other specified actions; and (2) authorize the Director to make grants to States and local LEAs to provide family support services to law enforcement personnel. (Sec. 1063) Requires the Bureau of Prisons to notify, in writing and within a specified time frame, the chief law enforcement officer of the State and local jurisdiction in which a prisoner released on supervised release will reside. Title XI: Illegal Drugs - Subtitle A: Drug Testing - Amends the Federal criminal code to require: (1) the Director of the Administrative Office of the U.S. Courts to establish a program of drug testing of criminal defendants on post-conviction release; and (2) the chief probation officer in each district (where feasible) to arrange for the drug testing of such defendants. Requires, as an explicit condition of probation, parole, or supervised release of a defendant involving a felony or a specified violent or drug offense, that the defendant refrain from any unlawful use of a controlled substance and submit to periodic drug tests. Subtitle B: Precursor Chemicals - Chemical Control and Environmental Responsibility Act of 1993 - Amends the CSA to replace references to "listed precursor chemicals" with "list I chemicals" and "listed essential chemicals" with "list II chemicals." (Sec. 1123) Requires every person who manufacturers or distributes, or who proposes to engage in the manufacture or distribution of, a list I chemical to obtain annually a registration issued by the Attorney General. Makes provisions regarding the denial, revocation, and suspension of registration relating to the manufacture, distribution, or dispensation of controlled substances explicitly applicable to list I chemicals. (Sec. 1131) Makes it a felony for a person who possesses a listed chemical with intent that it be used in the illegal manufacture of a controlled substance to manage the listed chemical or waste from such manufacture other than as required under the Solid Waste Disposal Act. (Sec. 1132) Amends the Health Care Quality Improvement Act of 1986 to grant the Attorney General access to information in the National Practitioner Data Bank. Subtitle C: Other Provisions - Sets forth miscellaneous provisions and amends various laws concerning controlled substances. Title XII: Public Corruption - Anti-Corruption Act of 1993 - Amends the Federal criminal code to prescribe criminal penalties to be imposed against anyone who uses any facility of, or affects, interstate or foreign commerce to deprive or defraud the inhabitants of a State or political subdivision of a State of the honest services of a government official or employee, or of a fair and impartially conducted election process. (Sec. 1202) Prescribes criminal penalties to be imposed upon any official, or person selected to be a public official, who, in order to carry out or conceal any scheme or artifice to defraud, discriminates, harasses, or takes adverse action against any employee or official of the United States, or any State or political subdivision. Authorizes such an adversely affected employee or official to obtain relief through a civil action, provided such person did not participate in the scheme or artifice. (Sec. 1203) Amends mail fraud provisions to prohibit the use of any facility of interstate or foreign commerce in the execution of a scheme or artifice to defraud. (Sec. 1204) Sets forth prohibitions regarding narcotics-related public corruption. Title XIII: General Provisions - Subtitle A: Violent Crimes - Sets penalties for attempted: (1) robbery; (2) kidnapping; (3) smuggling; and (4) malicious mischief. (Sec. 1320) Increases penalties for: (1) certain assaults; (2) manslaughter; (3) interstate and foreign travel or transportation in aid of racketeering enterprises; and (4) conspiracy to commit murder for hire. Subtitle B: Civil Rights Offenses - Increases maximum penalties for certain civil rights violations, including damage to religious property. Subtitle C: White Collar and Property Crimes - Establishes penalties for knowingly receiving the proceeds of: (1) a postal robbery; (2) extortion; and (3) a kidnapping. (Sec. 1330) Includes within mail fraud provisions depositing specified matter to be sent by any private or commercial interstate carrier. (Current law applies only to matter sent by the U.S. Postal Service.) (Sec. 1332) Increases penalties for trafficking in counterfeit goods and services. (Sec. 1333) Computer Abuse Amendments Act of 1993 - Amends the Computer Fraud and Abuse Act to make it a felony to knowingly transmit an unauthorized program or code that alters the information stored in a computer with the intent to damage the system or information contained within the affected computer or computer system, or to withhold or deny the use of such system or information, if the transmission: (1) occurred without the authorization of the person responsible for the system receiving the program; and (2) causes damage exceeding $1,000 in any one-year period, or modifies or impairs the medical care of any individual. Creates a civil cause of action for persons suffering damage or loss by virtue of a violation of this Act. Subtitle D: Other Provisions - Sets forth provisions regarding: (1) venue for espionage and related offenses; (2) required reporting by criminal court clerks; and (3) audit requirements for State and local LEAs receiving Federal asset forfeiture funds. (Sec. 1364) Amends the Omnibus Act to authorize the use of drug control and system improvement grants to develop or improve in a forensic laboratory a capability to analyze deoxyribonucleic acid (DNA) for identification purposes. Authorizes the Director of the FBI to establish an index of DNA identification records of persons convicted of crimes, and of analyses of DNA samples recovered from crime scenes and from unidentified human remains. (Sec. 1365) Authorizes the Director of the BJA to make grants to local educational agencies for the purpose of providing assistance to such agencies most directly affected by crime and violence. Title XIV: Technical Corrections - Makes technical corrections to the Omnibus Act, the Federal criminal code, the CSA, and the Foreign Corrupt Practices Act of 1977. Title XV: Federal Law Enforcement Agencies - Federal Law Enforcement Act of 1993 - Authorizes appropriations for the Drug Enforcement Administration, the FBI, the Immigration and Naturalization Service, the U.S. attorneys, the U.S. Marshals Service, the Bureau of Alcohol, Tobacco and Firearms, and the U.S. courts. Title XVI: Federal Prisons - Authorizes appropriations for new prison construction. Title XVII: Pre-Trial Interrogation - Expresses the sense of the Congress that the Attorney General shall instruct all U.S. attorneys, and implement policies consistent therewith, that confessions obtained in conformity with Federal provisions related to such admissibility will be offered into evidence.
Bill· SS. 121 (103rd)open
United States · United States Congress · 21 January 1993
TABLE OF CONTENTS: Title I: Portable and Permanent Private Health Insurance Subtitle A: Portability Subtitle B: Permanence Title II: Affordable Health Insurance Coverage Subtitle A: Equitable Tax Treatment of Individuals Providing Own Health Care Subtitle B: Medical Savings Accounts Title III: Enhanced Efficiency Through Paperwork Reduction Title IV: Meaningful Medical Liability Reform Family Health Care Preservation Act - Title I: Portable and Permanent Private Health Insurance - Subtitle A: Portability - Amends the Internal Revenue Code to modify required continuation coverage of group health plans by allowing the offering of annual deductibles for such coverage. Terminates such continuation coverage after an individual is eligible for employer-based coverage for more than 90 days. (Sec. 102) Allows penalty-free withdrawals from qualified retirement plans to pay for health insurance during a continuation period. Subtitle B: Permanence - Prohibits an insurer from cancelling an individual or group health insurance plan or denying renewal of coverage except for specified reasons, including premium nonpayment or fraud by the insured. Prohibits an employer from cancelling a self-insured group health plan or denying renewal of coverage except for similar reasons. (Sec. 112) Requires individual health insurance plans and group health plans to offer insureds the option to purchase new health insurance plans after enactment of this Act. Title II: Affordable Health Insurance - Subtitle A: Equitable Tax Treatment of Individuals Providing Own Health Care - Makes inapplicable to qualified health insurance costs under this Act the adjusted gross income limitation on deductibility of medical expenses. Subtitle B: Medical Savings Accounts - Allows individuals covered under a catastrophic health insurance plan a tax deduction for contributions made to a medical care savings account established for the benefit of the individual or such individual's spouse and dependents, if they are also covered under the plan. Allows such deduction whether or not an individual itemizes deductions. Disallows distributions from such accounts as medical expense deductions. Excludes employer contributions to such accounts from employment taxes. Imposes an excise tax for excess contributions to medical care savings accounts and for prohibited transactions. Title III: Enhanced Efficiency Through Paperwork Reduction - Directs the Secretary of Health and Human Services to adopt standards to reduce the administrative and paperwork burdens of all Federal health care programs by 50 percent within the two-year period following the date of this Act's enactment (initial reduction), and by an additional 50 percent over a subsequent three-year period (subsequent reduction), for a total reduction of 75 percent over the five-year period following such date. Requires the Secretary, to achieve the initial reduction, to adopt standards for Federal health care programs relating to: (1) data elements for use in paper and electronic claims processing under health insurance plans, as well as for use in utilization review and management of care; (2) uniform claims forms; and (3) uniform electronic transmission of the data elements, including protections to assure the confidentiality of patient-specific information and to protect against the unauthorized use and disclosure of information. Directs the Secretary, in order to achieve the subsequent reduction, to modify by regulation the standards adopted with respect to the initial reduction. (Sec. 302) Requires each State, to be eligible for Federal funds in connection with any State-administered health care program, to standardize the processing of paper and electronic claims to reduce the administrative and paperwork burdens on such programs by 75 percent during the five-year period following enactment of this Act. Sets forth provisions regarding enforcement of this provision and waivers of payment reductions for noncompliance. Title IV: Meaningful Medical Liability Reform - Makes this title applicable with respect to any medical malpractice liability claim or action brought in State or Federal court, except with respect to certain claims or actions for damages arising from a vaccine-related injury or death. Sets forth provisions regarding: (1) preemption; (2) negotiated liability; (3) effect on sovereign immunity and choice of law or venue; and (4) jurisdiction. (Sec. 402) Prohibits such action from being initiated after the expiration of: (1) the two-year period that begins on the latter of the date the alleged injury that is the subject of the claim was discovered or should reasonably have been discovered; and (2) the four-year period that begins on the date on which the alleged injury occurred. Makes an exception for a minor who has not attained age six. (Sec. 403) Provides that: (1) the liability of each defendant in such action, with respect to economic and noneconomic damages, shall be several only and not joint; (2) damages payable by a defendant shall be directly proportional to such defendant's percentage of fault or responsibility for the injury; and (3) the trier of fact shall determine and assign a percentage of responsibility for each such defendant. (Sec. 404) Requires: (1) all requests for discovery pursuant to such action to identify the relevant portion of the complaint, answer, or other pleading to which responses to the discovery requests are expected to relate; and (2) the court, with respect to any motion for discovery, to award the prevailing party reasonable fees and expenses, including reasonable attorney's fees, unless the court finds that the position of the unsuccessful party was substantially justified or that special circumstances make such an award unjust. (Sec. 405) Limits the total amount of noneconomic damages that may be awarded to a claimant and family members to $250,000, regardless of the number of parties against whom the action is brought or the number of actions brought with respect to the injury. (Sec. 406) Specifies that a defendant may not be required to pay damages awarded for any economic losses to be incurred after the date on which the judgment is entered exceeding $100,000, in a single, lump-sum payment, but shall be permitted to make such payments periodically based on projections of the amount of expected damages at intervals, as determined by the court. Permits the court to require that a defendant purchase an annuity or fund a reversionary trust to make periodic payments. Prohibits reopening of a judgment awarding such payments at any time to contest, amend, or modify the schedule or amount of the payments in the absence of fraud or any other basis under which a party may obtain relief from a final judgment. (Sec. 407) Sets forth provisions regarding costs and fees, including limitations on attorneys charging or collecting contingency fees. Establishes recordkeeping requirements as a prerequisite to the receipt of an award of attorney's fees. (Sec. 408) Sets forth provisions regarding: (1) contribution and indemnification; and (2) collateral sources. (Sec. 410) Prohibits the award of noneconomic damages with respect to any medical product liability claim alleged against a medical product producer if: (1) the drug or device that is the subject of such claim was subject to specified approval or premarket approval under the Federal Food, Drug, and Cosmetic Act by the Food and Drug Administration (FDA); or (2) the drug or device is generally recognized as safe and effective pursuant to conditions established by the FDA and applicable regulations, including packaging and labeling regulations. Makes exceptions in cases of withheld information, misrepresentation, or illegal payment of FDA officials to secure approval. (Sec. 411) Provides that, in any medical malpractice liability action that is certified as a class action: (1) the share of damages under any final judgment or settlement that is awarded to any party serving as a representative claimant shall be calculated in the same manner as the shares awarded to all other members of the claimant class (but permits the award of reasonable compensation, costs, and expenses relating to the representation of the class); (2) if a party is represented by an attorney who has a beneficial interest in the subject of the litigation, the court shall make a determination of whether such interest constitutes a conflict of interest sufficient to disqualify the attorney; and (3) an attorney may not represent the class if the attorney has paid, or is obligated to pay, a referral fee with respect to the action (and bars an attorney who knowingly violates this provision from representing the party in any other action to which this title applies).
Bill· SS. 52 (103rd)open
United States · United States Congress · 21 January 1993
Hospital to Home- and Community-Care Linkage Development and Incentive Grant Program - Amends the Public health Service Act to direct the Secretary of Health and Human Services to disseminate information and materials to assist specified entities in replicating successful programs aimed at offering care management to hospitalized individuals in need of long-term care so that services to meet individual needs and preferences can be arranged in home- and community-based settings as an alternative to long-term nursing home placement. Authorizes the Secretary to provide technical assistance to such entities. Directs the Secretary to establish a program under which incentive grants may be awarded to assist agencies and organizations in developing and expanding programs and projects that facilitate the discharge of individuals in hospitals or other acute care facilities who are in need of long-term care services and placement of such individuals into home- and community-based settings. Sets forth provisions regarding: (1) eligibility to receive grants; (2) application requirements; (3) criteria for the award of grants; (4) use of, and limitations on, grants; and (5) evaluation and reports. Authorizes appropriations.
Bill· SS. 25 (103rd)open
United States · United States Congress · 21 January 1993
Freedom of Choice Act of 1993 - Provides that a State may not restrict the right of a woman to choose to terminate a pregnancy before fetal viability. Allows a State to: (1) restrict the freedom of a woman to chose to terminate a pregnancy after viability unless the termination is necessary to protect the life or health of the woman; and (2) impose requirements on abortions if the requirements are necessary to protect the life or health of the woman. Declares that nothing in this Act shall be construed to prevent a State from: (1) protecting individuals or private health care institutions from having to participate in abortions to which they are conscientiously opposed; (2) declining to pay for abortions; or (3) requiring minors to involve responsible adults before terminating a pregnancy.
Bill· SS. 42 (103rd)open
United States · United States Congress · 21 January 1993
AIDS Control Act of 1993 - Amends the Public Health Service Act to require recordkeeping of cases of individuals infected with the human immunodeficiency virus (HIV). Requires: (1) that any entity that collects or distributes blood or blood derivatives test all donors for HIV and allow directed and autologous blood donations; (2) recipients of grants under population research and family planning provisions to provide individuals with HIV infection prevention information; (3) that physicians and medical technicians report to public health authorities the names and addresses of HIV-infected individuals in accordance with State sexually transmitted disease confidentiality laws; (4) notification of the spouse of an AIDS-infected patient; and (5) closure of all bathhouses where a pattern of continuous homosexual sexual activity or continuous illegal intravenous drug use occurs. Prohibits the use of certain funds: (1) to provide hypodermic needles or syringes or distribute bleach for illegal drug use; (2) to promote or provide condoms to prevent the spread of AIDS; (3) to provide AIDS education, information, or prevention materials and activities that promote or encourage, directly or indirectly, homosexual sexual activities; or (4) unless the State requires marriage license applicants to be tested for infection with HIV and both individuals to be notified of each test result. Amends the Federal criminal code to provide for penalties for any individual donating blood, semen, or organs if that individual is knowingly infected with HIV, is a member of certain groups (including African and Haitian immigrants, hemophiliacs, prostitutes, homosexuals, and intravenous drug users), or has engaged in high risk activity. Mandates testing of each person incarcerated in a Federal correctional institution at any appropriate time. Prohibits the induction or retention in the armed forces of a person infected with HIV. Requires testing at induction and at other times as appropriate. Amends the Veterans' Benefits and Services Act of 1988 to mandate testing of each VA patient. Amends Federal law relating to veterans' benefits and confidentiality of medical records to require a physician or counselor to disclose information indicating that a patient or subject is infected with HIV to a spouse or sexual partner. Requires recipients of funds under specified provisions of the Public Health Service Act to routinely test for HIV infection each person receiving treatment for tuberculosis, substance abuse, or a sexually transmitted disease. Directs the President, under specified provisions of the Immigration and Nationality Act, to add infection with HIV and syphilis to the list of dangerous contagious diseases in specified Federal regulations. Prohibits assistance under the Public Health Service Act to a State that fails to protect health care professionals from HIV and hepatitis B during exposure prone invasive procedures. Allows professionals to require HIV testing of patients. Mandates criminal penalties for provision by a health care provider of invasive treatment without prior patient notice of known provider HIV infection.
Bill· SS. 48 (103rd)open
United States · United States Congress · 21 January 1993
Unborn Children's Civil Rights Act - Prohibits the use of Federal funds to perform, promote, or do research on any procedure to take the life of an unborn child (except for medical procedures required to prevent the death of either the pregnant woman or her unborn child). Prohibits the Federal Government from entering into any contract for insurance which provides for payment or reimbursement for abortion services. States that no institution receiving Federal financial assistance shall: (1) discriminate against any employee, applicant, or student on the basis of that person's opposition to abortion; or (2) require any employee or student to participate in abortion procedures. States that attorney's fees shall not be allowed in any civil action involving a law prohibiting or restricting abortions. Provides for Supreme Court review of lower court decisions which declare State and local anti-abortion statutes unconstitutional.
Bill· SS. 43 (103rd)open
United States · United States Congress · 21 January 1993
Federal Adoption Services Act of 1993 - Amends the Public Health Service Act to permit family planning projects to offer adoption services. Requires such services to be nondiscriminatory as to race, color, religion, or national origin.
Bill· SS. 93 (103rd)open
United States · United States Congress · 21 January 1993
National Institute of Nursing Research Act - Amends the Public Health Service Act to redesignate the National Center for Nursing Research as the National Institute of Nursing Research. Includes the Institute in the list of national research institutes of the National Institutes of Health.
Bill· SS. 176 (103rd)referred
United States · United States Congress · 21 January 1993
Medicare Amendments of 1993 - Amends title XVIII (Medicare) of the Social Security Act with respect to: (1) essential access community hospitals; (2) Medicare-dependent, small rural hospitals; (3) payments for electrocardiogram interpretation and new physicians and practitioners; (4) prohibitions on carrier forum shopping; and (5) the treatment of nebulizers and aspirators. Amends the Omnibus Budget Reconciliation Act (OBRA) of 1987 to reauthorize and extend the rural transition grant program. Amends OBRAs of 1990 and 1994 to, respectively, provide for an extension of rural hospital demonstration projects and regional referral centers.
Bill· SS. 126 (103rd)referred
United States · United States Congress · 21 January 1993
Amends the Public Health Service Act to provide for grants and contracts with eligible individuals and institutions to encourage the provision of psychological training and services in underserved treatment areas. Requires individuals to already possess a doctoral degree in psychology and agree to provide services in a medically underserved population during the grant and at least one year thereafter. Requires institutions to use amounts provided for fellowships to such individuals. Authorizes appropriations.
Bill· SS. 140 (103rd)referred
United States · United States Congress · 21 January 1993
Makes expenses incurred during the year after enactment of this Act by the State of Hawaii for operating its State Health Insurance Program eligible for reimbursement from funds appropriated to the Public Health and Social Services Emergency Fund under a specified public law and subsequent appropriations Acts.
Bill· SS. 151 (103rd)referred
United States · United States Congress · 21 January 1993
Amends title XIX (Medicaid) of the Social Security Act to permit payments under State Medicaid plans to certain manufacturers of childhood vaccines who have contracted with the State to provide them without charge to providers for administration to Medicaid-eligible individuals.
Bill· SS. 132 (103rd)referred
United States · United States Congress · 21 January 1993
Authorizes payment through the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) for items and services for which payment is also made through Medicare, with a reduction for the amount already covered by Medicare. Continues CHAMPUS eligibility for veterans eligible for care or treatment for a service-connected disability in facilities of the Department of Veterans Affairs. Requires a person receiving medical or dental care for which payment may be made under both Medicare and CHAMPUS to certify the amounts charged and paid for such items and services.
Bill· SS. 124 (103rd)referred
United States · United States Congress · 21 January 1993
Compassionate Pain Relief Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to establish a 60-month program under which parenteral diacetylmorphine may be dispensed from pharmacies for the relief of pain from terminal cancer (as defined by this Act). States that for purposes of such program the Federal Food, Drug, and Cosmetic Act and titles II and III of the Comprehensive Drug Abuse Prevention and Control Act of 1970 shall not apply with respect to: (1) the importing of opium; and (2) the manufacture, distribution, and dispensing of parenteral diacetylmorphine. Requires the Secretary to report to specified congressional committees concerning: (1) program-related activities; and (2) activities related to the management of pain. Permits the Secretary at any time six months after implementation of the program to modify or terminate the program if: (1) the program is no longer needed; or (2) modifications or termination are needed to prevent substantial diversion of the diacetylmorphine.
Bill· SS. 143 (103rd)referred
United States · United States Congress · 21 January 1993
Grants a Federal charter to the National Academies of Practice, honoring persons of the health care professions.
Bill· SS. 133 (103rd)referred
United States · United States Congress · 21 January 1993
Requires the appointment by the President of health-care professionals to the positions of Surgeon General of the Army, Surgeon General of the Navy, and Surgeon General of the Air Force.
Bill· SS. 127 (103rd)referred
United States · United States Congress · 21 January 1993
Amends the Public Health Service Act to add references to graduate programs in clinical psychology to provisions relating to health professions student loans.
Bill· SS. 107 (103rd)referred
United States · United States Congress · 21 January 1993
Directs the Secretary of Health and Human Services to enter into arrangements with the National Academy of Sciences to conduct a comprehensive investigation of the effectiveness in reducing drug addiction of the various components of the Federal anti-drug program, including: (1) crop eradication; (2) crop substitution; (3) support for local and foreign law enforcement; (4) interdiction; (5) education; (6) treatment; (7) criminal justice system reforms; and (8) research. Requires that such investigation: (1) study the effects of broad societal changes unrelated to specific anti-drug initiatives, such as changing demographic patterns; (2) separate the effects of each component of the Federal anti-drug program from the effects of other anti-drug initiatives; (3) consider the extent to which the expenditure of Federal funds on job training, education, and other health, education, and welfare programs contributes to reducing epidemic drug addiction; (4) examine the cost of each component of the Federal anti-drug program, as well as such other programs which reduce drug addiction; and (5) take into account social and demographic factors which influence rates and forms of epidemic drug addiction and provide information on the effectiveness of the various components of the Federal anti-drug program on various demographic subgroups within the population. Requires the General Accounting Office to provide to the Congress annual audit reports concerning the management and expenditures of the component parts of the Federal anti-drug program.
Bill· SS. 97 (103rd)referred
United States · United States Congress · 21 January 1993
Rural Health Care Protection and Improvement Act of 1993 - Amends title XVIII (Medicare) of the Social Security Act to extend special payments under part A (Hospital Insurance) of Medicare for the operating costs of inpatient services of small, rural Medicare-dependent hospitals. Requires the Secretary of Health and Human Services to provide such hospitals which have been reclassified as urban hospitals with an opportunity to decline such reclassification. Amends the Omnibus Budget Reconciliation Act of 1987 to extend the rural health transition grant program. Amends the Public Health Service Act to authorize the Secretary to make grants to demonstrate the effectiveness of outreach to populations in rural areas that do not normally seek or have adequate access to health or mental health services. Authorizes appropriations.
Bill· SS. 95 (103rd)referred
United States · United States Congress · 21 January 1993
Contraceptive and Infertility Research Centers Act of 1993 - Amends the Public Health Service Act to mandate grants or contracts for centers for improving methods of contraception and diagnosing and treating infertility. Requires each center to: (1) conduct applied research; (2) develop training protocols and conduct training; (3) develop model continuing education programs; and (4) disseminate information to professionals. Allows funds to be used for: (1) stipends for training program enrollees; and (2) fees to clinical trial subjects. Authorizes appropriations. Establishes a program of agreements with health professionals to conduct contraception or infertility research in return for the Government repaying the professionals' educational loans. Authorizes appropriations.
Bill· SS. 64 (103rd)referred
United States · United States Congress · 21 January 1993
Unborn Children's Civil Rights Act - Prohibits the use of Federal funds to perform, promote, or do research on any procedure to take the life of an unborn child (except for medical procedures required to prevent the death of either the pregnant woman or her unborn child). Prohibits the Federal Government from entering into any contract for insurance which provides for payment or reimbursement for abortion services. States that no institution receiving Federal financial assistance shall: (1) discriminate against any employee, applicant, or student on the basis of that person's opposition to abortion; or (2) require any employee or student to participate in abortion procedures. States that attorney's fees shall not be allowed in any civil action involving a law prohibiting or restricting abortions. Provides for Supreme Court review of lower court decisions which declare State and local anti-abortion statutes unconstitutional.
Bill· SS. 61 (103rd)referred
United States · United States Congress · 21 January 1993
Federal Adoption Services Act of 1993 - Amends the Public Health Service Act to permit family planning projects to offer adoption services. Requires such services to be nondiscriminatory as to race, color, religion, or national origin.
Bill· SS. 59 (103rd)referred
United States · United States Congress · 21 January 1993
AIDS Control Act of 1993 - Amends the Public Health Service Act to require recordkeeping of cases of individuals infected with the human immunodeficiency virus (HIV). Requires: (1) that any entity that collects or distributes blood or blood derivatives test all donors for HIV and allow directed and autologous blood donations; (2) recipients of grants under population research and family planning provisions to provide individuals with HIV infection prevention information; (3) that physicians and medical technicians report to public health authorities the names and addresses of HIV-infected individuals in accordance with State sexually transmitted disease confidentiality laws; (4) notification of the spouse of an AIDS-infected patient; and (5) closure of all bathhouses where a pattern of continuous homosexual sexual activity or continuous illegal intravenous drug use occurs. Prohibits the use of certain funds: (1) to provide hypodermic needles or syringes or distribute bleach for illegal drug use; (2) to promote or provide condoms to prevent the spread of AIDS; (3) to provide AIDS education, information, or prevention materials and activities that promote or encourage, directly or indirectly, homosexual sexual activities; or (4) unless the State requires marriage license applicants to be tested for infection with HIV and both individuals to be notified of each test result. Amends the Federal criminal code to provide for penalties for any individual donating blood, semen, or organs if that individual is knowingly infected with HIV, is a member of certain groups (including African and Haitian immigrants, hemophiliacs, prostitutes, homosexuals, and intravenous drug users), or has engaged in high risk activity. Mandates testing of each person incarcerated in a Federal correctional institution at any appropriate time. Prohibits the induction or retention in the armed forces of a person infected with HIV. Requires testing at induction and at other times as appropriate. Amends the Veterans' Benefits and Services Act of 1988 to mandate testing of each VA patient. Amends Federal law relating to veterans' benefits and confidentiality of medical records to require a physician or counselor to disclose information indicating that a patient or subject is infected with HIV to a spouse or sexual partner. Requires recipients of funds under specified provisions of the Public Health Service Act to routinely test for HIV infection each person receiving treatment for tuberculosis, substance abuse, or a sexually transmitted disease. Directs the President, under specified provisions of the Immigration and Nationality Act, to add infection with HIV and syphilis to the list of dangerous contagious diseases in specified Federal regulations. Prohibits assistance under the Public Health Service Act to a State that fails to protect health care professionals from HIV and hepatitis B during exposure prone invasive procedures. Allows professionals to require HIV testing of patients. Mandates criminal penalties for provision by a health care provider of invasive treatment without prior patient notice of known provider HIV infection.
Bill· SS. 28 (103rd)referred
United States · United States Congress · 21 January 1993
TABLE OF CONTENTS: Title I: School-Based Health Insurance Title II: WIC Program, Maternal and Child Health Services Block Grant Program, and Medicaid Title III: Expansion of the Migrant and Community Health Center Program Title IV: Revision of National Health Service Corps Priorities Title V: Childhood Immunizations Title VI: Children at Risk Children's Health Care Improvement Act of 1993 - Title I: School-Based Health Insurance - Establishes a program under which local educational agencies receiving Federal assistance are required to offer basic health insurance coverage to eligible students in schools. Sets forth student eligibility requirements, including: (1) being uninsured for at least six months; and (2) not being covered by title XIX (Medicaid) of the Social Security Act. Authorizes withholding from a noncomplying local educational agency a specified percentage of Federal educational assistance. Amends the Internal Revenue Code to allow a tax credit for qualified amounts paid for policies under this Act. Phases out the credit as income goes from 100 percent to 200 percent of the poverty line. Title II: WIC Program, Maternal and Child Health Services Block Grant Program, and Medicaid - Requires development of a single model uniform application form and process for benefits under the Special Supplemental Food Program (WIC Program) of the Child Nutrition Act of 1966, the Maternal and Child Health Service Block Grant Program (title V) of the Social Security Act, and Medicaid (the Programs). Mandates grants to not more than five States for demonstration projects to encourage women to obtain prenatal and well-baby care under the Programs. Authorizes appropriations. Title III: Expansion of Migrant and Community Health Center Program - Authorizes appropriations for grants for additional migrant and community health centers under the Public Health Service Act in medically underserved areas. Authorizes appropriations for operational assistance to the centers developed. Title IV: Revision of National Health Service Corps Priorities - Amends the Public Health Service Act to mandate a strategy to provide incentives to encourage primary care physicians to serve in migrant or community health centers or related programs or in medically underserved inner-city and rural areas. Authorizes appropriations. Title V: Childhood Immunizations - Authorizes appropriations for grants for the provision with charge of immunizations. Title VI: Children at Risk - Establishes a demonstration program of grants to five States for healthy start programs to: (1) track mothers and children at high risk of abuse and neglect and at risk of not receiving necessary services and care; and (2) enable such services to be obtained. Authorizes appropriations.
Bill· SS. 35 (103rd)referred
United States · United States Congress · 21 January 1993
Amends the Omnibus Budget Reconciliation Act of 1989 to extend the regional referral center classification of hospitals so classified as of September 30, 1989, under title XVIII (Medicare) of the Social Security Act, through FY 1994.
Bill· SS. 31 (103rd)referred
United States · United States Congress · 21 January 1993
Medicare Provider Payment Equity Act of 1993 - Amends title XVIII (Medicare) of the Social Security Act to repeal provisions providing reduced Medicare reimbursements for new physicians and other health care providers.
Bill· SS. 19 (103rd)referred
United States · United States Congress · 21 January 1993
TABLE OF CONTENTS: Title I: Economic Growth Incentives Title II: Revenue Offsets Subtitle A: General Provisions Subtitle B: Electromagnetic Spectrum Function Subtitle C: Other Provisions High Value Economic Growth Act of 1993 - Title I: Economic Growth Incentives - Amends the Internal Revenue Code to allow a first-time homebuyer who purchases a principal residence a tax credit for the purchase price of such residence, with limitations. Allows an additional depreciation deduction of 15 percent of the adjusted basis of certain equipment which is acquired in 1993. Requires such deduction to be taken in the taxable year after the year property was placed in service. Allows the special deduction in computing the alternative minimum tax. Allows penalty free-withdrawals from qualified retirement plans during 1992 for: (1) the acquisition costs of a principal residence of a first-time homebuyer who is the taxpayer or the child or grandchild of the taxpayer; or (2) the purchase of a new passenger automobile. Excludes certain rental real estate activities from treatment as a passive activity for purposes of determining passive activity losses and credits. Modifies exceptions to the exclusion of real property acquired by a qualified organization from the meaning of acquisition indebtedness. Applies the meaning of acquisition indebtedness to investments in certain large partnerships where the principal purpose of partnership allocations is not tax avoidance. Repeals the special rule for publicly traded partnerships with respect to the treatment of unrelated business taxable income. Title II: Revenue Offsets - Subtitle A: General Provisions - Amends the Higher Education Technical Amendments of 1991 to eliminate the statute of limitations on the collection of guaranteed student loans. Increases the base tax rate on ozone-depleting chemicals. Eliminates the different rates for initially listed chemicals and newly listed chemicals. Requires dealers in stock or securities to use the mark to market inventory accounting methods. Disallows interest on overpayments when certain refunds have been made. Subtitle B: Electromagnetic Spectrum Function - Emerging Telecommunications Technologies Act of 1993 - Directs the Secretary of Commerce and the Chairman of the Federal Communications Commission (FCC), at least semiannually, to conduct joint spectrum planning meetings with respect to future spectrum needs. Requires a report annually to the President on the meetings and any resulting recommendations. Directs the Secretary to submit to the President a report identifying bands of reallocable frequencies. Sets forth criteria for identifying, and recommending for reassignment, such frequencies. Directs the Secretary to convene a private sector advisory committee to submit to the Secretary, the FCC, and specified congressional committees recommendations for the reform of the process of allocating the electromagnetic spectrum between Federal and non-Federal use. Directs the Secreary, as part of the final report, to include a time-table for the effective dates by which the President shall, within 15 years, withdraw or limit assignments on frequencies specified in the report. Directs the President, after receiving the final report from the Secretary, to provide for the withdrawal or limitation of assignment to U.S. Government stations. Authorizes the President to substitute alternative frequencies in the interest of national security, important governmental needs, public health or safety, or Federal financial considerations. Authorizes appropriations to provide for the incremental costs directly attributable to the loss of the use of the frequency reassigned or otherwise limited under this Act. Sets forth directives for the FCC regarding the distribution of frequencies. Authorizes the President to reclaim reassigned frequencies for reassignment to Government stations. Directs the FCC to use competitive bidding procedures during spectrum reallocation pursuant to this Act. Subtitle C: Other Provisions - Amends Federal law to extend provisions regarding lump sum withdrawal of retirement contributions for civil service retirees from October 1995 to October 1996. Amends the Omnibus Budget Reconciliation Act of 1990 to extend the collection of Patent and Trademark Office user fees from 1995 to 1996. Establishes the amount to be collected in 1996. Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to provide an extension of customs user fees from 1995 to 1996. Amends the Internal Revenue Code to extend the requirement for information returns on veterans' benefits from September 30, 1992, until September 30, 1998. Revises veterans law with respect to housing loan default procedure to take into account losses sustained on the resale of property. Amends the Social Security Act and Federal law to apply cetain Medicare limits to the Federal Employee Health Benefits Program for enrollees aged 65 or older.
Bill· SS. 4 (103rd)open
United States · United States Congress · 21 January 1993
TABLE OF CONTENTS: Title I: General Provisions Title II: Manufacturing Subtitle A: Manufacturing Technology and Extension Subtitle B: National Science Foundation Manfuacturing Program Title III: Critical Technologies Subtitle A: Advanced Technology Program and Related Subtitle B: Technology Financing Pilot Programs Title IV: Additional Commerce Department Provisions Title V: Authorization of Appropriations Title VI: Information Infrastructure and Technology Title I: General Provisions - National Competitiveness Act of 1993 - Sets forth the purposes and goals of this Act. Title II: Manufacturing - Manufacturing Technology and Extension Act of 1993. Subtitle A: Manufacturing Technology and Extension - (Sec. 212) Amends the Stevenson-Wydler Technology Innovation Act of 1980 to establish a Twenty-First Century Manufacturing Infrastructure Program, which shall include (as established by this Act): (1) an Advanced Manufacturing Technology Development Program; and (2) a National Manufacturing Outreach Program, which shall include outreach centers and a technology extension communications network. Establishes a Manufacturing Advisory Committee within the Office of Science and Technology Policy. (Sec. 215) Amends the National Institute of Standards and Technology Act to establish within the National Institute of Standards and Technology (Institute) a State Technology Extension Program. Directs the Program to make awards to States for planning and coordination of technology extension activities. (Sec. 216) Authorizes the Secretary of Commerce (Secretary) to make awards to establish workforce training consortia between industry and institutions of higher education. Subtitle B: National Science Foundation Manufacturing Programs - (Sec. 223) Requires the Director of the National Science Foundation to expand the number of Engineering Research Centers and strengthen the Industry/University Cooperative Research Centers Program. Authorizes the Director to establish: (1) graduate traineeships; (2) a manufacturing managers in the classroom program; and (3) a quality management program. Title III: Critical Technologies - Subtitle A: Advanced Technology Program and Related (sic) - (Sec. 311) Directs the Secretary to submit to the Congress an expansion plan for the Advanced Technology Program. Authorizes Program support of large-scale joint ventures. (Secs. 314, 315) Amends the Stevenson-Wydler Technology Innovation Act of 1980 to establish: (1) within the Technology Administration an Office of Technology Monitoring and Competitive Assessment; and (2) a Commerce Technology Advisory Board. (Sec. 316) Directs the Critical Technologies Institute to study semiconductor lithography technologies. Subtitle B: Technology Financing Pilot Programs - (Secs. 322 through 324) Authorizes the Secretary to provide assistance for: (1) civilian technology loans; (2) critical technology investment companies; and (3) State technology development programs. Title IV: Additional Commerce Department Provisions - Amends the American Technology Preeminence Act of 1991 to expand the Institute's standard pilot program to permit contracts with non-Federal organizations to promote U.S. technical standards dissemination activities abroad. Requires the Secretary to report to the Congress on the appropriate Federal role in developing and promulgating domestic and global product and quality standards. (Sec. 402) Amends the Stevenson-Wydler Technology Innovation Act of 1980 to prohibit the making of a Malcolm Baldrige National Quality Award within a category or subcategory if there are no qualifying enterprises in that category or subcategory. Makes educational institutions an Award category. (Sec.405) Prohibits the fraudulent use of "Made in America" labels. Provides for compliance with the Buy American Act. (Sec. 407) Wind Engineering Program Act of 1992 - Establishes within the National Institute of Standards and Technology a Wind Engineering Program which shall: (1) provide for wind engineering research; (2) serve as an information clearinghouse; and (3) improve interagency coordination on wind engineering research. Title V: Authorization of Appropriations - (Secs. 501 through 504) Authorizes appropriations for: (1) the Under Secretary of Commerce for Technology; (2) the Assistant Secretary of Commerce for Technology Policy; (3) Japanese Technical Literature; (4) the Office of Technology Monitoring and Competitive Assessment; (5) the Institute, including intramural scientific and technical research, facilities, and extramural industrial technology services; (6) wind engineering; (7) the Civilian Technology Loan Program; (8) the Civilian Technologies Venture Capital Program; (9) State Technology Assistance programs; (10) the American workforce quality partnership program; and (11) the National Science Foundation. Title VI: Information Infrastructure and Technology - Information Infrastructure and Technology Act of 1992 - (Secs. 603 through 608) Amends the National Science and Technology Policy, Organization, and Priorities Act of 1976 to require the Director of the Office of Science and Technology Policy, through the Federal Coordinating Council for Science, Engineering, and Technology, to establish an Information Infrastructure Program and five-year implementation plan that shall provide a coordinated interagency effort to develop technologies needed to apply high-performance computing and high-speed networking in education, libraries, health care, manufacturing, and other appropriate fields. Authorizes appropriations.
Bill· SS. 11 (103rd)open
United States · United States Congress · 21 January 1993
TABLE OF CONTENTS: Title I: Safe Streets for Women Subtitle A: Federal Penalties for Sex Crimes Subtitle B: Law Enforcement and Prosecution Grants to Reduce Violent Crimes Against Women Subtitle C: Safety for Women in Public Transit and Public Parks Subtitle D: National Commission on Violence Against Women Subtitle E: New Evidentiary Rules Subtitle F: Assistance to Victims of Sexual Assault Title II: Safe Homes for Women Subtitle A: Family Violence Prevention and Services Act Amendments Subtitle B: Interstate Enforcement Subtitle C: Arrest in Spousal Abuse Cases Subtitle D: Funding for Shelters Subtitle E: Family Violence Prevention and Services Act Amendments Subtitle F: Youth Education and Domestic Violence Subtitle G: Confidentiality for Abused Persons Subtitle H: Technical Amendments Subtitle I: Data and Research Title III: Civil Rights Title IV: Safe Campuses for Women Title V: Equal Justice for Women in the Courts Act Subtitle A: Education and Training for Judges and Court Personnel in State Courts Subtitle B: Education and Training for Judges and Court Personnel in Federal Courts Violence Against Women Act of 1993 - Title I: Safe Streets for Women - Safe Streets for Women Act of 1993 - Subtitle A: Federal Penalties for Sex Crimes - Amends the Federal criminal code to: (1) authorize judges to increase sentences for repeat sex offenders to up to twice that otherwise authorized by statute; and (2) require the U.S. Sentencing Commission to amend sentencing guidelines to increase the base offense level applicable to criminal sexual abuse. (Sec. 113) Requires that a court order restitution for violations of Federal sexual abuse laws. (Sec. 114) Authorizes appropriations to U.S. Attorneys to appoint victim/witness counselors for the prosecution of sex crimes and domestic violence crimes. Subtitle B: Law Enforcement and Prosecution Grants to Reduce Violent Crimes Against Women - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require the Director of the Bureau of Justice Assistance to make grants to areas of high intensity crime against women. Authorizes the Director to make general grants to: (1) States to reduce violent crimes against women; and (2) Indian tribes to reduce violent crimes against women in Indian country. Subtitle C: Safety for Women in Public Transit and Public Parks - Amends the Urban Mass Transportation Act of 1964 to direct the Secretary of Transportation, from funds authorized under existing provisions, to make capital grants for the prevention of crime and to increase security in existing and future public transportation systems. Authorizes the Secretary to make grants and loans to States and local public bodies to increase the safety of public transportation through lighting, camera surveillance, security phones, or other projects. Directs the Secretary to provide grants and loans to study ways to reduce violent crimes against women in public transit through better design or operation of public transit systems. (Sec. 132) Amends: (1) the National Park System Improvements in Administration Act to authorize the Secretary of the Interior to provide assistance to reduce violent crime in the National Park System; and (2) the Land and Water Conservation Fund Act of 1965 to direct such Secretary to provide grants for capital improvements and other measures to increase safety in urban parks and recreation areas. Subtitle D: National Commission on Violence Against Women - Establishes the National Commission on Violence Against Women to promote a national policy on violent crime against women and to make recommendations on reducing such crime. Subtitle E: New Evidentiary Rules - Amends the Federal Rules of Evidence to exclude, in criminal cases other than sex offense cases, reputation or opinion evidence of the past sexual behavior of a victim from admission into evidence. Allows other types of evidence of a victim's past sexual behavior in accordance with specified procedures if its probative value outweighs the danger of unfair prejudice. (Sec. 152) Makes reputation or opinion evidence of the plaintiff's past sexual behavior inadmissible in a civil action involving allegations of actionable sexual misconduct. Makes other types of evidence of a plaintiff's past sexual behavior admissible in accordance with specified procedures if its probative value outweighs the danger of unfair prejudice. (Sec. 154) Makes evidence of an alleged victim's clothing, in a criminal case under Federal laws relating to sexual abuse, inadmissible to show that the victim incited or invited the offense. Subtitle F: Assistance to Victims of Sexual Assault - Amends the Public Health Service Act to allow States to use amounts transferred by the State under block grant provisions for rape prevention and education programs conducted by rape crisis centers or similar nongovernmental nonprofit entities. (Sec. 162) Requires grant recipients under this title to incur the full cost of forensic medical exams for victims of sexual assault. (Sec. 163) Amends the Runaway and Homeless Youth Act to direct the Secretary of Health and Human Services (HHS) to make grants to private, nonprofit agencies for street-based outreach and education for female runaway, homeless, and street youth who have been subjected to or are at risk of being subjected to sexual abuse. (Sec. 164) Amends the Federal Rules of Criminal Procedure to provide for a victim's right to make a statement at the sentencing of a criminal defendant in cases involving a crime of violence or sexual abuse. Title II: Safe Homes for Women - Safe Homes for Women Act of 1993 - Subtitle A: Family Violence Prevention and Services Act Amendments - Amends the Family Violence Prevention and Services Act (FVPSA) to authorize the Secretary of HHS to award grants to one or more private, nonprofit entities to provide for the operation of a national, toll-free telephone hotline to provide information and assistance to victims of domestic violence. Subtitle B: Interstate Enforcement - Amends the Federal criminal code to provide for a Federal term of imprisonment or fine, in addition to any State penalties, for any person who: (1) in the course of or as a result of travelling across State lines injures his or her spouse or intimate partner (partner); (2) crosses State lines for the purpose of harassing, intimidating, or injuring a partner and who injures such partner; (3) causes a partner to cross State lines by force, coercion, duress, or fraud and who injures such partner; or (4) commits such acts in violation of a valid protection order issued by a State. Provides for temporary protection orders while a case under these provisions is pending. Mandates that a court order restitution to the victim of an offense under this Act. Requires, provided certain conditions are met, that a protection order issued by the court of one State be accorded full faith and credit by the court of another State. Subtitle C: Arrest in Spousal Abuse Cases - Amends the FVPSA to authorize the Secretary of HHS to make grants, with regard to spousal abuse, to: (1) implement pro-arrest programs and policies in police departments and improve case tracking; (2) centralize police enforcement, prosecution, or judicial responsibility for cases in one group of officers, prosecutors, or judges; (3) coordinate computer tracking systems to ensure communication between police, prosecutors, and both criminal and family courts; and (4) educate judges to improve judicial handling of cases. Subtitle D: Funding for Shelters - Amends the FVPSA to authorize appropriations to carry out that Act. Subtitle E: Family Violence Prevention and Services Act Amendments - Amends the FVPSA to require that: (1) applications for State demonstration grants include a plan to address the needs of underserved populations; and (2) upon completion of activities funded, the State grantee file a performance report explaining the activities carried out together with an assessment of the effectiveness of such activities. Subtitle F: Youth Education and Domestic Violence - Amends the FVPSA to direct the Secretary of Education to select, implement, and evaluate four model programs for education of young people about domestic violence and violence among intimate partners, with one program for each of primary, middle, and secondary schools, and institutions of higher education. Subtitle G: Confidentiality for Abused Persons - Requires the U.S. Postal Service to promulgate regulations to secure the confidentiality of abused persons' addresses. Subtitle H: Technical Amendments - Amends the FVPSA to: (1) include among the duties of State domestic violence coalitions to work with local domestic violence programs and providers of direct services to encourage appropriate responses to domestic violence within the State; and (2) make technical amendments to such Act. Subtitle I: Data and Research - Requires: (1) the Director of the National Institute of Justice (NIJ) to request the National Academy of Sciences to enter into a contract to develop a research agenda to increase the understanding and control of violence against women; (2) the NIJ to study and report to the States and the Congress on how the States may collect centralized databases on the incidence of domestic violence offenses within a State; and (3) the Secretary of HHS to conduct a study to obtain a national projection of the incidence of injuries resulting from domestic violence, the cost of injuries to health care facilities, and recommend health care strategies for reducing the incidence and cost of such injuries. Title III: Civil Rights - Civil Rights Remedies for Gender-Motivated Violence Act - Declares that all persons within the United States shall have the right to be free from crimes of violence motivated by the victim's gender. Makes any person, including a person who acts under color of any statute, ordinance, regulation, custom, or usage of any State, who deprives another of such right, liable to the injured party in an action for compensatory and punitive damages, injunctive and declaratory relief, and such other relief as the court deems appropriate. (Sec. 303) Allows the awarding of attorney's fees in actions to enforce this title. (Sec. 304) Expresses the sense of the Senate that news media, law enforcement officers, and other persons should exercise restraint, and respect a rape victim's privacy, by not disclosing the victim's identity to the general public or facilitating such disclosure without the victim's consent. Title IV: Safe Campuses for Women - Amends the Higher Education Amendments of 1992 to authorize appropriations for grants for campus sexual offenses education and prevention programs. Title V: Equal Justice for Women in the Courts Act of 1993 - Equal Justice for Women in the Courts Act of 1993 - Subtitle A: Education and Training for Judges and Court Personnel in State Courts - Authorizes the State Justice Institute to make grants for model programs to be used by States in training judges and court personnel in State laws on rape, sexual assault, domestic violence, and other crimes of violence motivated by the victim's gender. Subtitle B: Education and Training for Judges and Court Personnel in Federal Courts - Encourages the circuit judicial councils to conduct studies of any instances of gender bias in legal proceedings in their respective circuits. Authorizes the Federal Judicial Center to include in its educational and training programs information on issues related to gender bias in the courts. (Sec. 522) Directs the Judicial Conference to allocate funds (as specified) to Federal circuit courts that: (1) undertake studies under this subtitle in their circuits; or (2) implement reforms recommended as a result of such studies in their own or other circuits, including education and training.
Law· SS. 1 (103rd)enacted
United States · United States Congress · 21 January 1993
TABLE OF CONTENTS: Title I: General Provisions Regarding Title IV of Public Health Service Act Title II: National Institutes of Health in General Title III: General Provisions Respecting National Research Institutes Title IV: National Cancer Institute Title V: National Heart, Lung, and Blood Institute Title VI: National Institute on Diabetes and Digestive and Kidney Diseases Title VII: National Institute on Arthritis and Musculoskeletal and Skin Diseases Title VIII: National Institute of Aging Title IX: National Institute of Allergy and Infectious Diseases Title X: National Institute of Child Health and Human Development Title XI: National Eye Institute Title XII: National Institute of Neurological Disorders and Stroke Title XIII: National Institute of Environmental Health Sciences Title XIV: National Library of Medicine Title XV: Other Agencies of National Institutes of Health Title XVI: Awards and Training Title XVII: National Foundation for Biomedical Research Title XVIII: Research With Respect to Acquired Immune Deficiency Syndrome Title XIX: Studies Title XX: Miscellaneous Provisions Title XXI: Effective Dates National Institutes of Health Revitalization Amendments of 1993 - Title I: General Provisions Regarding Title IV of Public Health Service Act - (Sec. 101) Amends the Public Health Service Act to condition research funding on human subject review and scientific and technical peer review. Prohibits withholding funding on ethical grounds unless an ethics advisory board so recommends. (Sec. 111) Regulates human fetal tissue transplantation research. (Sec. 121) Removes provisions regarding: (1) biomedical ethics; (2) waiver of a risk standard; and (3) the construction of title IV (National Research Institutes). Declares ineffective a Federal regulation relating to ethical advisory boards. (Sec. 131) Requires inclusion of women and minorities as subjects in each clinical research project under such title IV. (Sec. 141) Establishes: (1) the Office of Research on Women's Health; (2) the Coordinating Committee on Research on Women's Health; and (3) the Advisory Committee on Research on Women's Health. Mandates: (1) study of the representation of women among senior physicians and scientists of the national research institutes (NRIs) and among those conducting supported research; and (2) activities to increase that representation. Establishes a data system containing information on research on women's health. (Sec. 151) Establishes the Office of Research on Minority Health. (Sec. 161) Establishes the Office of Scientific Integrity. Requires grant, contract, or cooperative agreement applicants to have a scientific misconduct report review process. Establishes the Commission on Scientific Integrity. Provides for employee whistle blower protection. Mandates measures against financial conflicts of interest. Title II: National Institutes of Health in General - (Sec. 201) Modifies the duties of the National Institute of Health's (NIH's) Associate Director for Prevention. (Sec. 202) Establishes a program to enhance competitiveness in States receiving little funding from the NRIs. (Sec. 203) Mandates activities, consistent with the global Children's Vaccine Initiative, to develop vaccines. Authorizes appropriations. (Sec. 204) Requires a plan regarding the use of animals in research. Establishes the Interagency Coordinating Committee on the Use of Animals in Research. Repeals similar provisions. (Sec. 205) Authorizes activities to increase the number of women and members of underrepresented minority groups in biomedical and behavioral research. (Sec. 206) Regulates surveys of human sexual behavior conducted or supported through NIH. (Sec. 207) Establishes a fund for use by the NIH Director to carry out NIH activities. Authorizes appropriations. (Sec. 208) Modifies NRI advisory council terms of office. Requires that at least half of NIH health education materials not exceed functional literacy. Authorizes a day care service for NIH employees. Title III: General Provisions Respecting National Research Institutes - (Sec. 301) Requires that the Secretary of Health and Human services receive directly all funds appropriated for the Institute. Removes provisions authorizing the National Cancer Institute to directly receive such funds. Modifies requirements regarding the establishment of technical and scientific peer review groups. (Sec. 302) Requires expansion of research on osteoporosis, Paget's disease, and related bone disorders. Establishes a clearinghouse. Authorizes appropriations. (Sec. 303) Establishes a program of trauma research and the Trauma Research Interagency Coordinating Committee. Title IV: National Cancer Institute - (Sec. 401) Requires expanding National Cancer Institute (NCI) activities on breast and ovarian cancer, other cancers of the reproductive system of women, and prostate cancer. Authorizes appropriations. Removes authorizations of appropriations for NCI and the National Heart, Lung, and Blood Institute (NHLBI). Title V: National Heart, Lung, and Blood Institute - (Sec. 501) Requires NHLBI to conduct intramural training and education. Authorizes centers on cardiovascular diseases in children. Establishes the National Center on Sleep Disorders. Authorizes appropriations for NHLBI. Title VI: National Institute on Diabetes and Digestive and Kidney Diseases - (Sec. 601) Establishes a program on nutritional disorders. Provides for research and training centers. Title VII: National Institute on Arthritis and Musculoskeletal and Skin Diseases - (Sec. 701) Establishes a children's arthritis and musculoskeletal disease center. Renames the National Arthritis Advisory Board as the National Arthritis and Musculoskeletal and Skin Diseases Advisory Board and modifies its composition. Title VIII: National Institute on Aging - (Sec. 802) Mandates research into the aging processes of women. Authorizes appropriations for the National Institute on Aging. Title IX: National Institute of Allergy and Infectious Diseases - (Sec. 901) Includes tropical diseases in the purposes of the National Institute of Allergy and Infectious Diseases. Authorizes grants or contracts for centers for research on chronic fatigue syndrome. Establishes an extramural study section. Title X: National Institute of Child Health and Human Development - (Sec. 1001) Mandates grants or contracts for centers on contraception and infertility. Authorizes appropriations. (Sec. 1002) Establishes programs of: (1) agreements with health professionals to conduct research on contraception or infertility in return for educational loan repayment; and (2) obstetrics and gynecology intramural laboratory and clinical research. (Sec. 1021) Mandates child health research center support. (Sec. 1031) Mandates a longitudinal, large-scale study on the well-being of U.S. adolescents. Allocates funding. Title XI: National Eye Institute - (Sec. 1101) Authorizes grants for diabetic eye care clinical research centers. Title XII: National Institute of Neurological Disorders and Stroke - (Sec. 1201) Mandates research on multiple sclerosis. Title XIII: National Institute of Environmental Health Sciences - (Sec. 1301) Establishes the Applied Toxicological Research and Testing Program. Title XIV: National Library of Medicine - (Sec. 1401) Increases the limit on grants to medical libraries and related instrumentalities. Authorizes appropriations for the National Library of Medicine. Mandates grants for new educational technologies research. Establishes the National Information Center on Health Services Research and Health Care Technology. Title XV: Other Agencies of National Institutes of Health - (Sec. 1502) Authorizes grants to alter or construct research facilities. Establishes the Scientific and Technical Review Board on Biomedical and Behavioral Research Facilities. Authorizes appropriations. Reserves funds to construct or improve regional primate research centers. (Sec.1511) Redesignates the National Center for Nursing Research as the National Institute for Nursing Research. (Sec. 1521) Makes the National Center for Human Genome Research an NIH agency. Includes the mapping and sequencing of individual genes in the purposes of the Center. Title XVI: Awards and Training - (Sec.1601) Provides for research recruitment and training for women and members from underrepresented minority groups. (Sec. 1602) Changes service requirements imposed on individuals receiving National Research Service Awards. (Sec. 1611) Modifies existing and authorizes or mandates various new programs of scholarships and loan repayments for health professionals' education in exchange for specified service. (Sec. 1641) Authorizes appropriations related to National Research Service Awards, modifying set-aside requirements. Title XVII: National Foundation for Biomedical Research - (Sec. 1701) Establishes the National Foundation for Biomedical Research. Requires the Foundation to establish a fund: (1) to provide endowments for NIH positions; and (2) consisting of non-Federal donations. Mandates grants to the Foundation for administrative expenses. Authorizes appropriations and other NIH funds for the grants. Title XVIII: Research with Respect to Acquired Immune Deficiency Syndrome - (Sec. 1801) Modifies the duties of: (1) the AIDS Clinical Research Review Committee; and (2) the acquired immune deficiency syndrome (AIDS) clinical evaluation units at the National Cancer Institute and National Institute of Allergy and Infectious Diseases. Modifies international AIDS efforts support requirements. Authorizes appropriations. Requires that model protocols for clinical AIDS care include treatment and prevention for women. Authorizes appropriations. Requires the AIDS epidemiological data base to include information on the natural history of AIDS infection. Authorizes appropriations. Revises provisions establishing the Office of AIDS Research and setting forth its special authorities (currently, provisions establishing such Office and setting forth special authorities of the NIH Director), including: (1) developing an NIH AIDS budget; (2) developing a comprehensive, long-range NIH AIDS research plan; and (3) establishing AIDS coordinating groups for each research discipline. Establishes the Office of AIDS Research Advisory Council. Mandates availability of a certain amount for an AIDS research discretionary fund. Authorizes appropriations for fellowship and training programs relating to AIDS. Title XIX: Studies - (Sec. 1901) Mandates studies regarding AIDS on: (1) parallel-track drug-release mechanisms; (2) third-party payment incident to participation as subjects in clinical trials; and (3) coordination of AIDS advisory committees. Requires a plan for the inclusion in NIH human immunodeficiency virus (HIV) vaccine studies of women, infants, and children infected with the HIV. Authorizes appropriations. (Sec. 1902) Requires studies on malnutrition and the elderly. Establishes an advisory panel. (Sec. 1903) Mandates reports or studies on NIH: (1) research on chronic fatigue syndrome; (2) assuming responsibility for all Federal research relating to medical countermeasures against biowarfare; (3) support staff retention, recruitment, vacancy, and turnover rates; and (4) procurement. (Sec. 1907) mandates reports on: (1) the leading causes of death in the United States; and (2) whether there is a relationship between legal drug use and the use or abuse of illegal drugs. Title XX: Miscellaneous Provisions - (Sec. 2001) Redesignates the Senior Biomedical Research Service as the Silvio O. Conte Senior Biomedical Research Service and increases the limit on the number of its members. (Sec. 2002) Requires that the Public Health Service (PHS) be administered by the Assistant Secretary of Health (currently, by the Surgeon General). Adds the Agency for Health Care Policy and Research to the list of PHS agencies. (Sec. 2004) Mandates a master plan to replace or refurbish NIH infrastructure. (Sec. 2006) Authorizes appropriations (currently, authorizes the use of funds) to carry out cancer registries provisions. (Sec. 2007) Prohibits conducting or supporting the SHARP survey of adult sexual behavior or the American Teenage Study of Adolescent sexual behavior. (Sec. 2008) Mandates a report on bioengineering and biomaterials sciences. Title XXI: Effective Date - (Sec. 2101) Sets forth the effective date of this Act and its amendments.
Bill· SS. 5 (103rd)open
United States · United States Congress · 21 January 1993
TABLE OF CONTENTS: Title I: General Requirements for Leave Title II: Leave for Civil Service Employees Title III: Commission on Leave Title IV: Miscellaneous Provisions Title V: Coverage of Congressional Employees Family and Medical Leave Act of 1993 - Title I: General Requirements for Leave - Establishes requirements for unpaid family and medical leave for permanent employees. (Sec. 101) Makes employees eligible for such leave if they have been employed, by the employer from whom leave is sought, for at least: (1) a total of 12 months; and (2) 1,250 hours of service during the previous 12-month period. (Excludes: (1) employees at worksites at which the employer employs less than 50 persons, if the total number of employees of that employer within 75 miles of that worksite is less than 50; and (2) Federal officers and employees covered under title II of this Act.) (Sec. 102) Entitles employees to 12 workweeks of leave during any 12-month period because of: (1) the birth of their child; (2) the placement of a child for their adoption or foster care; (3) their care of a child, spouse, or parent who has a serious health condition; or (4) their own serious health condition which makes them unable to perform the functions of their position. Conditions such leave for the birth or placement of a child as follows: (1) the entitlement ends 12 months after the birth or placement; and (2) such leave may not be taken intermittently unless employee and employer agree otherwise. Allows intermittent leave for necessary medical treatment of an employee or family member. Allows the employer to require a temporary transfer to an equivalent alternative position that better accommodates such intermittent leave. Allows all leave under this title to: (1) be taken on a reduced leave schedule, upon agreement with the employer; and (2) consist of unpaid leave, except under specified conditions when substitution of certain types of paid leave may be elected or required. Does not require an employer to provide paid sick or medical leave in any situation in which the employer would not normally provide any such paid leave. Provides that such unpaid leave shall not affect an employee's exempt status for purpose of certain wage and hour requirements under the Fair Standards Act of 1938. Requires employees to: (1) give at least 30 days' notice of the need for leave to which they are entitled under this Act, when foreseeable; and (2) make a reasonable effort to schedule medical treatment or supervision so as not to disrupt unduly the employer's operations, subject to approval of the health care provider. Allows limitation of the dual aggregate leave entitlement to 12 weeks in any 12-month period, in the case of spouses employed by the same employer, if such leave is for the birth or placement of a child or for the care of a sick parent. (Sec. 103) Sets forth conditions of certification for leave entitlements under this Act. (Sec. 104) Requires restoration of the employee to his or her position or an equivalent position upon return from such leave. Allows an employer to deny such restoration to certain highly compensated employees, under specified conditions (the highest paid ten percent of the employer's employees within a 75-mile radius of a facility; the denial must be necessary to prevent substantial and grievous economic injury to the employer's operations). Requires maintenance of employee health benefits during such leave. (Sec. 105) Prohibits interference with or discrimination against employees exercising rights under this title. (Sec. 106) Sets forth the investigative authority of the Secretary of Labor under this title. (Sec. 107) Provides for enforcement of this Act. Provides for administrative and civil actions. Makes an employer who violates this title's prohibitions against interference or discrimination liable for damages in the amount of: (1) any wages, salary, employment benefits, or other compensation denied or lost; (2) (where such compensation has not been denied or lost) any actual monetary losses, such as the cost of providing care; (3) interest on such losses; and (4) liquidated damages under certain conditions. Makes such employers also liable for appropriate equitable relief, including, without limitation, employment, reinstatement, and promotion. Sets forth provisions for attorney's fees, limitation of actions, injunctions, other equitable relief, and the Solicitor of Labor's role in such litigation. (Sec. 108) Sets forth special rules concerning employees of local educational agencies and of private elementary and secondary schools. (Sec. 109) Sets forth requirements for posting notice and for fines. Title II: Leave for Civil Service Employees - (Sec. 201) Entitles eligible civil service employees to family and temporary medical leave for specified periods. Allows up to 12 administrative workweeks of leave without pay (or substituted paid leave) in any 12-month period for: (1) family leave (i.e., leave because of the birth or placement of a child or care of a sick spouse, child, or parent); or (2) temporary medical leave for a serious health condition that makes the employee unable to perform the functions of their position. Sets forth: (1) requirements for employees to give prior notice; (2) certification provisions; (3) protections for job position and health insurance benefits; and (4) prohibitions against coercion. Requires the Office of Personnel Management to prescribe regulations for this title which are consistent with the regulations prescribed by the Secretary of Labor under title I of this Act. Title III: Commission on Leave - (Sec. 301) Establishes the Commission on Leave. (Sec. 302) Requires the Commission to conduct a comprehensive study of: (1) existing and proposed leave policies; (2) the potential costs, benefits, and impact on productivity of such policies on employers; and (3) alternative and equivalent State enforcement of this Act with respect to employees of local educational agencies and private schools. Requires the Commission to report on such study to the Congress within two years after the Commission first meets. (Sec. 306) Terminates the Commission within 30 days after its report to the Congress. Title IV: Miscellaneous Provisions - (Sec. 401 and Sec. 402) Sets forth the effect of this Act on other laws and existing employment benefits. (Sec. 403) Provides that nothing in this Act shall be construed to discourage employers from adopting more generous leave policies. (Sec. 404) Directs the Secretary of Labor to prescribe regulations to carry out this title (except those provisions applicable to the Senate) within 60 days. Title V: Coverage of Congressional Employees - (Sec. 501) Applies the rights and protections established under specified provisions of title I of this Act to Senate employees. Makes specified provisions of the Government Employee Rights Act of 1991 applicable, with certain exceptions. Provides that allegations shall be considered by the Office of Senate Fair Employment Practices or another entity designated by the Senate. Requires such Office to ensure that Senate employees are informed of their rights under this Act. (Sec. 502) Applies the rights and protections under title I of this Act to employees of the House of Representatives, except for the exemption concerning highly compensated employees. Makes the remedies and procedures under the Fair Employment Practices Resolution applicable in administering such coverage.
Bill· HRH.R. 536 (103rd)referred
United States · United States Congress · 21 January 1993
Medicare Rural Hospital Amendments of 1993 - Amends title XVIII (Medicare) of the Social Security Act to extend and revise programs to assist rural hospitals under Medicare part A (Hospital Insurance). Authorizes appropriations. Amends the Omnibus Budget Reconciliation Act of 1987 to reauthorize and extend the rural transition grant program. Amends the Omnibus Budget Reconciliation Act of 1989 to extend regional referral centers. Revises Medicare-dependent, small rural hospital provisions under Medicare. Requires the Secretary of Health and Human Services to provide rural referral centers and Medicare-dependent, small rural hospitals which have been reclassified as urban the opportunity to decline such reclassification.
Bill· HRH.R. 475 (103rd)open
United States · United States Congress · 6 January 1993
Medicare Durable Medical Equipment Patient Protection Act of 1993 - (Sec. 2) Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to designate no more than five regional carriers nationwide to process all claims for durable medical equipment (DME). Prohibits a supplier from presenting a claim for payment unless such claim is presented to the appropriate carrier (i.e., the carrier having jurisdiction over the geographic area of the residence of the patient to whom the item is furnished, with exceptions). (Sec. 3) Includes: (1) within the definition of "DME" ostomy and tracheostomy supplies, urologicals, surgical dressings, and splints, casts, and other devices used for reduction of fractures and dislocations; and (2) such supplies in the category of inexpensive and other routinely purchased equipment for payment purposes. Directs the Secretary to: (1) report to the Congress on the feasibility and desirability of basing payment amounts for covered items of DME, prosthetic devices, and orthotics and prosthetics on the reasonable costs of such items; and (2) publish updated guidelines for carriers describing conditions under which such items shall be considered medically effective when furnished to an elderly patient or a disabled patient, and under which a supplier may furnish a patient with an item in excess of, or more expensive than, the standard version for which payment may be made under the program. (Sec. 4) Specifies that no payment may be made unless the supplier meets specified certification standards. Directs the Secretary to establish certification standards for suppliers. Authorizes the Secretary to require suppliers to pay an administrative fee and waive or modify certification standards or fee payment under certain circumstances. Prohibits a carrier from issuing more than one provider number to a supplier unless there are significant differences among the items the supplier furnishes or the geographic regions the provider serves. Provides that anti-kickback requirements shall not apply to amounts paid to employees for provision of covered items or services (as under current law), except that any employment relationship between an employee of a nursing facility and a supplier shall not be considered a bona fide employment relationship. (Sec. 5) Directs the Secretary to develop a list of suppliers determined to have: (1) engaged in activities which subject them to specified civil or criminal monetary penalties; (2) furnished a substantial number of items for which payment was not made; or (3) engaged in a pattern of overutilization of items. Requires carriers to determine in advance whether payment for an item furnished by a listed supplier may not be made because of coverage exclusions. (Secs. 6 and 7) Directs the Comptroller General to study and report to the Congress on: (1) the impact of this Act on access to, and costs of, DME for Medicare beneficiaries; and (2) the types, volume, and utilization of DME furnished to Medicare beneficiaries residing in skilled nursing and intermediate care facilities. Sets forth reporting requirements.
Bill· HRH.R. 474 (103rd)referred
United States · United States Congress · 6 January 1993
Amends title XIX (Medicaid) of the Social Security Act to require States to provide Medicaid coverage of hospice care.
Bill· HRH.R. 421 (103rd)open
United States · United States Congress · 5 January 1993
Medicare EKG Payment Restoration Act of 1993 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to reestablish separate payment for the interpretation of electrocardiograms (EKGs) that are ordered or performed during an office visit to or consultation with a physician. Requires the Secretary of Health and Human Services to: (1) establish separate fee schedule amounts for such EKG interpretations; (2) establish practice guidelines for EKG use by physicians; (3) develop a profile of such use; (4) study EKG utilization and costs; and (5) report to the Congress on such study.
Bill· HRH.R. 424 (103rd)open
United States · United States Congress · 5 January 1993
Pollution Prevention, Community Recycling, and Incinerator Control Act - Amends the Solid Waste Disposal Act to prohibit the issuance of permits for construction or expansion of municipal solid waste incinerators. Prohibits Federal agencies, State or local governments, or other waste management jurisdictions from issuing permits to such incinerators after December 31, 1999, unless the applicant demonstrates that: (1) an annual waste composition analysis of the solid waste generated within the area to be served by the facility is conducted; (2) specified percentages of certain waste categories are diverted to waste management methods other than incineration; (3) the facility will not interfere with diversion rates; (4) it is not feasible to manage the remaining solid waste through source reduction, reuse, or recycling; (5) the facility will not adversely affect the environment, human health, or the local economy and is not situated in a nonattainment area identified under the Clean Air Act; (6) the full cost of the facility over its entire life will be less costly than reducing, recycling, or composting waste; (7) the waste management jurisdiction conducts a public participation process; (8) the proposed construction or expansion is approved by the affected unit of local government; (9) firms operating the facility are in compliance with environmental and public health statutes, have paid outstanding fines for violations of such statutes, and make disclosure statements available; and (10) an approved environmental impact statement is completed. Treats ash from municipal solid waste incinerators as a hazardous waste. Requires such ash to be managed in a monofill that contains only such ash and meets specified design requirements. Prohibits the use of such ash for any purpose. Prohibits the incineration of household hazardous waste, batteries, chlorinated plastics, consumer electronics, and yard waste in such incinerators. Prohibits the issuance of permits or prior approval for the construction or expansion of hazardous waste incinerators unless requirements similar to those for municipal solid waste incinerators have been met. Directs hazardous waste management permit applicants to demonstrate that the State in which the incinerator is located, and each State in which generators of hazardous waste to be incinerated at the facility are located, are implementing toxics use reduction programs. Applies this Act to any facility that burns hazardous waste.
Bill· HRH.R. 442 (103rd)referred
United States · United States Congress · 5 January 1993
Amends title XVIII (Medicare) of the Social Security Act to provide coverage under Medicare part B (Supplementary Medical Insurance) of dentures and dental services.
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