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Bill· SS. 681 (106th)referred
United States · United States Congress · 23 March 1999
Breast Cancer Patient Protection Act of 1999 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to prohibit group health plans and health insurance issuers offering group health insurance coverage, with regard to hospital stays in connection with breast cancer treatment, from: (1) covering less than 48 hours after mastectomies or less than 24 hours after lymph node dissections; or (2) requiring plan or issuer authorization for prescribing any length of stay. Prohibits: (1) denying eligibility, enrollment, or renewal to avoid these requirements; (2) providing payments or rebates to women; or (3) penalizing or providing incentives to providers. Applies the same requirements to issuers in the individual market.
Resolution· SCONRESS.Con.Res. 22 (106th)referred
United States · United States Congress · 23 March 1999
Expresses the sense of Congress with respect to promoting long-term care coverage.
Bill· HRH.R. 1222 (106th)open
United States · United States Congress · 23 March 1999
Graduate Medical Education Technical Amendments of 1999 - Amends part D (Miscellaneous) of title XVIII (Medicare) of the Social Security Act, as amended by the Balanced Budget Act of 1997 (BBA '97), with respect to the ceiling on the total number of full-time equivalent interns and residences in allopathic and osteopathic medicine in either a hospital or nonhospital setting for purposes of indirect and direct graduate medical education (GME) payments. Repeals the current limitation on program residents in a hospital with respect to the hospital's most recent cost reporting period ending on or before December 31, 1996. Replaces such limitation with one based on the number of residents who were appointed by a hospital's approved medical residency training program for such reporting period. Provides that beginning on or after January 1, 1997, in the case of a hospital that sponsors only one allopathic or osteopathic residency program, the new limit determined above for such hospital may, at the hospital's discretion, be increased by one for each calendar year but shall not exceed a total of three more than such limit. Limits to programs established between January 1, 1995, and September 30, 1999, (currently, programs established on or after January 1, 1995) the mandate for special rules applying limitations on interns and residents in any kind of medical residence training program. Requires the Secretary of Health and Human Services, in promulgating such rules, to include in the special consideration for facilities meeting the needs of underserved rural areas any facility not located in an underserved rural area which has established a separately accredited rural training track. Makes this Act's amendments effective as if included in the enactment of BBA '97.
Bill· HRH.R. 1216 (106th)referred
United States · United States Congress · 23 March 1999
Department of Veterans Affairs Nurses Appreciation Act of 1999 - Amends Federal provisions relating to the pay of health care personnel within the Veterans Health Administration (VHA) of the Department of Veterans Affairs to provide that, effective October 1, 1999, pay adjustments for registered nurses and certain other positions within the VHA shall be made in the same manner as those generally applicable to Federal employees. Provides that, effective October 1, 2002, whenever the Secretary of Veterans Affairs determines that such rates of pay are inadequate to recruit or retain high-quality health care personnel at such a facility, the Secretary shall adjust such pay to achieve consistency with the rate of compensation for corresponding health-care professionals in the Bureau of Labor Statistics labor market area of that facility.
Bill· HRH.R. 1221 (106th)referred
United States · United States Congress · 23 March 1999
Poison Control Center Enhancement and Awareness Act - Directs the Secretary of Health and Human Services to provide coordination and assistance to regional poison control centers for the establishment of a nationwide toll-free phone number to be used to access such centers. Authorizes appropriations. Mandates a national media campaign to educate the public about poison prevention and the availability of local poison control resources and to conduct advertising campaigns concerning the nationwide toll-free number. Authorizes appropriations. Mandates grants for certified regional poison control centers to achieve financial stability and to prevent, and provide treatment recommendations for, poisoning. Mandates other grant uses. Sets forth center certification requirements. Authorizes appropriations.
Bill· HRH.R. 1224 (106th)referred
United States · United States Congress · 23 March 1999
TABLE OF CONTENTS: Title I: Health Care Workforce Trust Fund; Payments to Teaching Teaching Hospitals Subtitle A: Establishment and Financing of Fund Subtitle B: Additional Payments to Teaching Hospitals Subtitle C: Conforming Changes in Medicare Payment for Directs Costs of Graduate Medical Education Title II: Health Workforce Priorities Title III: Modification in Medicare Payment for IME and DSH Title IV: Additional Payments for Graduate Education For Non- Physician Health Professionals All-Payer Graduate Medical Education Act - Title I: Health Care Workforce Trust Fund; Payments to Teaching Hospitals - Subtitle A: Establishment and Financing of Fund - Amends the Internal Revenue Code to establish the Health Care Workforce Trust Fund to provide for the financing of graduate medical education. Appropriates to the Fund amounts from: (1) specified fees imposed on health insurance; (2) the Federal Hospital Insurance Trust Fund; and (3) the Federal Supplementary Medical Insurance Trust Fund. Subtitle B: Additional Payments to Teaching Hospitals - Provides for payments to eligible teaching hospitals. Requires a study of this title's impact. Subtitle C: Conforming Changes in Medicare Payment for Direct Costs of Graduate Medical Education - Amends title XVIII (Medicare) of the Social Security Act to revise provisions concerning the formula for graduate medical education costs. (Sec. 122) Excepts rural and underserved urban areas from certain limitations on the number of medical residents. (Sec. 123) Directs the Secretary of Health and Human Services to study and report to specified congressional committees on the appropriateness of the level of documentation that should be required in a patient's medical record of professional services of a teaching physician, as a condition of payment under Medicare part B for such services Title II: Health Workforce Priorities - Requires a plan to reduce medical residency training positions in the United States to 110 percent of the annual number of students graduating from a U.S. medical school. Title III: Modification in Medicare Payment for IME and DSH - Modifies specified Medicare payments for the indirect costs of graduate medical education (IME) and disproportionate share (DSH) hospitals. Requires the Secretary to develop and implement a plan for IME hospitals to report annually on how they contribute to education, improvements in clinical services and research infrastructure, and community services operated by or in such hospitals. Title IV: Additional Payments for Graduate Education for Non- Physician Health Professionals - Requires the Secretary to develop a plan followed by the making of payments to support institutions providing graduate medical education to non-physician health professionals.
Bill· HRH.R. 1232 (106th)referred
United States · United States Congress · 23 March 1999
Amends title XIX (Medicaid) of the Social Security Act to prohibit as the treatment of an overpayment for Medicaid-related purposes any amount recovered or paid to a State as part of a settlement or judgment reached in litigation initiated or pursued by the State against one or more manufacturers of tobacco products (recovered amounts), if (and to the extent that) the Secretary of Health and Human Services finds that specified conditions will be met, including that the Governor or Chief Executive Officer of the State has filed a plan with the Secretary that: (1) outlines specified anti-tobacco use efforts that account for the needs of minority and other high risk groups; and (2) allows the State to use at least 25 percent of recovered amounts for a fiscal year for such efforts, including certain tobacco use reduction programs such as tobacco use cessation programs and school-based and child-oriented education programs. Includes among such efforts: (1) tobacco-related research aimed at preventing tobacco addiction and State-wide advertising to discourage tobacco use; and (2) assistance in economic development efforts designed to aid tobacco farmers and workers and communities as they transition to a more broadly diversified economy.
Resolution· HCONRESH.Con.Res. 68 (106th)open
United States · United States Congress · 23 March 1999
Sets forth the congressional budget for the Government for FY 2000, including appropriate budgetary levels for FY 2001 through 2009. (Sec. 2) Lists recommended budgetary levels and amounts, for FY 2000 through 2009, with respect to: (1) Federal revenues; (2) new budget authority; (3) budget outlays; (4) surpluses; and (5) public debt. (Sec. 3) Sets forth the appropriate levels of new budget authority and budget outlays for specified major functional categories for FY 2000 through 2009. (Sec. 4) Directs the House Ways and Means Committee to report to the House a reconciliation bill with changes so that total revenues are not less than specified amounts for FY 2000 through 2009. (Sec. 5) Prohibits: (1) the House or Senate from considering any concurrent budget resolution (or its amendment or conference report) that sets forth a deficit for any fiscal year; and (2) social security reserve funds from being used to adjust budgetary levels. Expresses the sense of Congress that: (1) legislation should be considered which establishes a statutory limit on public debt and reduces such limit by the amount of the social security surpluses; and (2) beginning with FY 2000, legislation should be enacted which requires any official budget statement of, or reference to, budget surplus or deficit totals to exclude all social security outlays and receipts. (Sec. 6) Provides that whenever the Ways and Means Committee reports a measure that enhances retirement security, the House Budget Chairman may: (1) increase the appropriate allocations and aggregates of new budget authority and outlays for FY 2000 through 2009 by the amount of the new budget authority provided by such measure; and (2) reduce the revenue aggregates for such fiscal years by the amount of revenue loss that results from such measure. Authorizes the same increase under (1), above, for a measure that extends the solvency or reforms the benefit or payment structure of the Medicare program. Provides adjustment limitations. (Sec. 7) Provides that when the House Appropriations Committee reports a measure that provides new budget authority for FY 2000 through 2004 for programs authorized under the Individuals With Disabilities Education Act, the House Budget Chairman may increase the appropriate allocations and aggregates of new budget authority and outlays by the amount of new budget authority provided by such measure. Requires the Director of the Congressional Budget Office (CBO), upon request of the Chairman, to make an updated estimate of the projected budget surplus for the applicable fiscal year. (Sec. 8) Provides for the application and effect of changes in allocations and aggregates made pursuant to this resolution. (Sec. 9) Requires the CBO Director to make quarterly updated estimates of receipts, outlays, and surplus. (Sec. 10) Expresses the sense of Congress regarding: (1) appropriate funding for the United States Commission on International Religious Freedom; (2) tax law changes to encourage low-income families to save for their future; (3) affordable health care coverage for all Americans; (4) affordable access to home health care for seniors and disabled individuals; and (5) providing honor guard services for veterans' funerals. (Sec. 11) Expresses the sense of the House calling for: (1) consolidation of Federal K-12 education programs and ensuring that elementary and secondary education program funds are spent for children in the classrooms; (2) priority funding for the Medicare+Choice program; and (3) a report from the Secretary of Labor assessing the Welfare-to-Work Program.
Bill· SS. 672 (106th)referred
United States · United States Congress · 19 March 1999
Amends title XIX (Medicaid) of the Social Security Act to extend the higher Federal medical assistance percentage for payment for Indian Health Service facilities to urban Indian health programs.
Bill· SS. 662 (106th)open
United States · United States Congress · 18 March 1999
Amends title XIX (Medicaid) of the Social Security Act to give States the option of making medical assistance for breast and cervical cancer-related treatment services available during a presumptive eligibility period to certain low-income women without creditable coverage who have already been screened for such cancers under the Centers for Disease Control and Prevention breast and cervical cancer early detection program and need treatment. Provides for an enhanced match with regard to such Medicaid treatment services.
Bill· SS. 660 (106th)referred
United States · United States Congress · 18 March 1999
Medicare Medical Nutrition Therapy Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of medical nutrition therapy services of registered dietitians and nutrition professionals.
Law· HRH.R. 1180 (106th)enacted
United States · United States Congress · 18 March 1999
TABLE OF CONTENTS: Title I: Expanded Availability of Health Care Services Title II: Ticket to Work and Self-Sufficiency and Related Provisions Subtitle A: Ticket to Work and Self-Sufficiency Subtitle B: Elimination of Work Disincentives Subtitle C: Work Incentives, Planning, Assistance, and Outreach Title III: Demonstration Projects and Studies Title IV: Technical Amendments Work Incentives Improvement Act of 1999 - Title I: Expanded Availability of Health Care Services - Amends title XIX (Medicaid) of the Social Security Act (SSA) to provide for expanding State options under Medicaid for workers with disabilities, namely by creating State options to eliminate income, assets, and resource limitations for workers with disabilities who buy into Medicaid and to provide opportunity for employed individuals with a medically improved disability to make such a buy. Provides that Federal funds paid to a State for medical assistance provided to such individuals may not generally be used to supplant the level of State funds expended for a fiscal year for programs to enable working disabled individuals to work. (Sec. 102) Provides for certain continuation of Medicare coverage for working individuals with disabilities. (Sec. 103) Directs the Secretary of Health and Human Services to: (1) award grants to eligible States to support establishment of State infrastructures to support the working disabled as well as to enable State outreach campaigns on infrastructure existence; and (2) submit a recommendation to specified congressional committees on whether such grant program should be continued after FY 2010. Authorizes appropriations. (Sec. 104) Authorizes State demonstration projects for certain Medicaid coverage of up to a specified maximum number of workers with a potentially severe disability, coverage equal to that afforded under the State option provided for above for eliminating income, assets, and resource limitations for disabled workers buying into Medicaid. Makes necessary appropriations. Title II: Ticket to Work and Self-Sufficiency and Related Provisions - Subtitle A: Ticket to Work and Self-Sufficiency - Amends part A (General Provisions) of SSA title XI to direct the Commissioner to establish a Ticket to Work and Self-Sufficiency Program (TWSSP) under which a disabled beneficiary may use a TWSSP ticket issued by the Commissioner under a described system, designed to ensure quality assurance, to obtain employment, vocational rehabilitation services, or other support services, pursuant to an appropriate individual beneficiary work plan that meets specified requirements, at the Commission's expense, from a participating employment network, public or private, which: (1) meets specified qualifications and is under an agreement with the Commissioner who must select a program manager to assist in administering TWSSP; (2) is chosen by the beneficiary, and (3) is willing to accept assignment of the beneficiary's TWSSP ticket. Allows State agencies administering or supervising the administration of the State plan under title I of the Rehabilitation Act of 1973 to elect to participate as an employment network. Sets forth special requirements applicable to cross-referral to certain State agencies and requirements relating to provision of services. Describes employment network payment systems. Provides that during any period for which an individual is using a TWSSP ticket, the Commissioner and any applicable State agency may not initiate a continuing disability or similar review with regards to whether the individual is or is not disabled. Requires payments to employment networks to be made out of the social security trust funds in the case of ticketed SSA title II (Old Age, Survivors and Disability Insurance) (OASDI) disability beneficiaries who return to work, or from the appropriation made available for making Supplemental Security Income (SSI) payments under SSA title XVI, in the case of SSI disability beneficiaries who return to work. Provides for allocation of other costs. (Sec. 202) Establishes within the Social Security Administration the Work Incentives Advisory Panel to advise the Commissioner with respect to TWSSP, and other Federal officials on related issues. Provides that the costs for carrying out this paragraph shall be paid from amounts available for the administration of SSA titles II and XVI, and shall be allocated among those amounts as appropriate. Subtitle B: Elimination of Work Disincentives - Amends SSA titles II and XVI to set forth a number of measures designed to eliminate work disincentives, namely prohibiting work activity as a basis for review of an individual's disability status and providing for expedited reinstatement of entitlement, or in the case of SSI, eligibility, to, respectively, OASDI and SSI disability benefits. Subtitle C: Work Incentives Planning, Assistance, and Outreach - Amends SSA title XI part A (General Provisions) to direct the Commissioner to establish a community-based work incentives outreach program for disabled beneficiaries that includes the provision of technical assistance to organizations and entities that are designed to encourage disabled beneficiaries to return to work. Provides that the costs of carrying out this subtitle shall be paid from amounts made available for administration of SSA titles II and XVI, and shall be allocated among such amounts as appropriate. (Sec. 222) Amends SSA title XI to authorize the Commissioner to make certain minimum payments in each State to the protection and advocacy system established under the Developmental Disabilities Assistance and Bill of Rights Act for the purpose of providing services to disabled beneficiaries, services which may include advocacy or other services that such a beneficiary may need to secure or regain gainful employment. Provides for funding similar to that in the paragraph above, although subject to certain limitation. Title III: Demonstration Projects and Studies - Amends SSA title II to provide for a permanent extension of disability insurance program demonstration project authority. Directs the Commissioner to develop and carry out experiments and demonstration projects, subject to specified guidelines which include the authority to waive compliance with benefits requirements, with regard to various alternative methods of treating the work activity of individuals entitled to OASDI disability benefits, altering other limitations and conditions applicable to such individuals, and implementing sliding scale benefit offsets. Authorizes the Commissioner to expand the scope of any such experiment or demonstration project to include any group of OASDI benefit applicants with impairments that reasonably may be presumed to be disabling for purposes of such demonstration project, and may limit any such demonstration project to any such group of applicants, subject to the terms of such demonstration project which shall define the extent of any such presumption. (Sec. 302) Directs the Commissioner to conduct certain demonstration projects designed to provide for specified reductions in disability insurance benefits based on earnings. Requires expenditures for such demonstration projects to come out of the social security and Medicare trust funds to the extent provided in advance in appropriation acts. (Sec. 303) Directs the Comptroller General to conduct and report to the Congress on various described studies and other specified related matters, but chiefly studies concerning existing disability-related employment incentives and coordination of the OASDI disability insurance program and the SSI program as they relate to individuals entering or leaving concurrent entitlement under such programs, as well as on a study concerning the impact of the substantial gainful activity limit on return to work. Title IV: Technical Amendments - Amends the Contract with America Advancement Act of 1996 with respect to: (1) final adjudication of denied claims by drug addicts and alcoholics for SSA title II disability benefits; and (2) the effective dates of certain requirements concerning representative payees and treatment referrals for such individuals. (Sec. 402) Amends SSA title II to: (1) provide for payments to State and local prisons for monthly reports on the identities of inmates whose OASDI benefits are determined by the Commissioner not to be payable as a result of such reports; (2) provide for a 50 percent reduction in such payments under SSA titles II and XVI in cases involving a comparable payment under the other title with respect to the same prisoner; (3) transfer from the OASDI trust funds any sums necessary to enable the Commissioner to make such payments; (4) eliminate the requirement that confinement stem only from a crime punishable by imprisonment for more than one year (thus denying OASDI benefits to individuals confined for any criminal offense); and (5) provide for continued denial of benefits to sex offenders remaining confined to public institutions upon completion of prison term. (Sec. 403) Provides for a two-year open season for members of the clergy who wish to revoke their exemption from social security coverage. (Sec. 404) Amends SSA title XI to make a miscellaneous technical amendment relating to cooperative research or development projects under SSA titles II and XVI. (Sec. 405) Amends SSA title XI to make miscellaneous technical amendments to provisions concerning the requirements of State income and eligibility verification systems, among other changes allowing a State to permit certain employers that make returns with respect to domestic service employment taxes on a calendar year basis to instead make such reports on an annual basis.
Bill· HRH.R. 1200 (106th)referred
United States · United States Congress · 18 March 1999
American Health Security Act of 1999 - Title I: Establishment of a State-Based American Health Security Program; Universal Entitlement; Enrollment - Establishes the American Health Security Program (AHSP), to be administered by the States. Requires a State to establish a State health security program (program) to receive Federal health care funding. (Sec. 102) Entitles every individual who is a U.S. resident and is a U.S. citizen or national or a lawful resident alien to benefits. (Sec. 103) Requires each State program to provide an enrollment mechanism and issue a health security card to each enrollee. (Sec. 104) Makes benefits portable. Prohibits a minimum residence or waiting period in excess of a specified period. Allows reciprocal arrangements for coverage of border region enrollees. (Sec. 106) Supersedes titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act, the Federal Employee Health Benefits Program, and the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS). Title II: Comprehensive Benefits, Including Preventive Benefits and Benefits for Long Term Care - Entitles all eligible individuals to payment items and services specified by the American Health Security Standards Board (Board) (established by title IV of this Act). Prohibits: (1) deductibles, coinsurance, or copayments for acute care and preventive benefits, subject to exception; (2) providers from charging a patient for covered services; and (3) duplicative private insurance. (Sec. 203) Covers a percentage of home and community-based long-term care services. (Sec. 204) Sets forth special delivery requirements for mental health and substance abuse treatment services provided to at-risk children. Directs the Board to make national determinations on coverage of experimental services. Title III: Provider Participation - Requires providers, to receive payment, to agree: (1) not to discriminate based on race, national origin, income, religion, age, sex or sexual orientation, disability, handicapping condition, or (subject to the qualifications of the provider) illness; (2) not to charge patients for covered services; (3) to furnish necessary information to the Board or program; (4) not to employ excluded providers; and (5) to submit bills within a specified time. (Sec. 302) Considers a health care provider to be qualified if the provider is licensed or certified and meets State law requirements, Federal requirements, and additional standards specified by the Board. Requires: (1) establishment of national minimum quality assurance standards and related monitoring; and (2) an exchange of information among programs regarding quality assurance and cost containment. (Sec. 303) Defines a "comprehensive health service organization" (CHSO) as a public or private organization that, in return for a capitated payment, furnishes or arranges for a full range of health services and out-of-area coverage for urgently needed services. Regulates CHSOs. (Sec. 304) Extends current Medicare prohibitions on physician self-referrals and applies the prohibitions to AHSP. Title IV: Administration - Subtitle A: General Administrative Provisions - Establishes the American Health Security Standards Board to develop policies and procedures for enrollment, benefits, provider participation, national and State funding levels, assisting programs with planning for capital expenditures and service delivery, and other functions. Mandates uniform reporting standards. (Sec. 402) Mandates an American Health Security Advisory Council. (Sec. 404) Requires: (1) each State to submit a plan for a program for providing health care services to residents; (2) the Board to provide States incentives to develop regional planning mechanisms; (3) State programs to meet Federal standards; and (4) each State to appoint a State Health Security Advisory Council. Allows: (1) programs not meeting Federal requirements to be placed in receivership; and (2) States to use fiscal agents to process claims. Subtitle B: Control Over Fraud and Abuse - Authorizes provider exclusion, civil monetary penalties, and criminal prosecution for fraud or abuse, based on current Medicaid standards. (Sec. 412) Requires each program to establish and maintain a health care fraud and abuse unit. Title V: Quality Assessment - Establishes the American Health Security Quality Council. (Sec. 502) Mandates: (1) methods for profiling practice patterns and for identifying those with quality deficiencies; (2) guidelines for procedures performed only at tertiary centers; and (3) standards for education and sanctions regarding those with quality deficiencies. (Sec. 503) Requires each participating State to establish an entity to conduct quality reviews. (Sec. 504) Expresses the intent to replace random utilization controls with a systematic review of patterns of practice. Supersedes all existing Federal utilization review programs. Title VI: Health Security Budget; Payments; Cost Containment Measures - Subtitle A: Budgeting and Payments to States - Directs the Board to establish a national health security budget specifying the total expenditures to be made by the Federal Government and the States for covered health care services. (Sec. 602) Provides for the allocation of funds in the budget by the Board to the States. (Sec. 604) Provides for programs to receive Federal funds equal to a weighted average of a specified percentage of their population-based share of the budget. (Sec. 605) Requires each program to establish a separate budget account for health professional education expenditures. Subtitle B: Payments by States to Providers - Directs that: (1) payment for operating expenses for institutional and facility-based care under State programs be made directly to each institution or facility; and (2) facility budgets be adjusted to reflect payments made by CHSOs. Allows programs to permit institutions and facilities to raise funds from private sources for specified purposes. (Sec. 612) Requires: (1) State programs to pay individual practitioners on a fee-for-service basis; and (2) the Board to establish models for such payment and for global fee payment methodologies. Permits States to require electronic billing. (Sec. 613) Authorizes programs to pay CHSOs based on annual budgets or risk-adjusted capitation payments, reduced by the costs of covered services not provided by the CHSO. (Sec. 614) Directs that programs pay for community-based primary health services based on global budgets, basic primary care capitation amounts for enrollees, or fee-for-service. (Sec. 615) Requires: (1) the Board to establish a list of approved prescription drugs and to determine maximum prices; and (2) each program to pay for such drugs based on such maximum prices and to pay separate dispensing fees to pharmacies. (Sec. 616) Directs: (1) the Board to establish a list of approved durable medical equipment and therapeutic devices and equipment; and (2) programs to pay for such items based on maximum prices determined by the Board. (Sec. 617) Requires State programs to pay for other items and services based on methodologies adopted by the Board. (Sec. 618) Directs the Board to establish model payment methodologies and other incentives that promote the provision of services in medically underserved areas. (Sec. 619) Authorizes programs to use alternative payment methodologies, provided certain requirements are met. Subtitle C: Mandatory Assignment and Administrative Provisions - Requires that participating providers accept program payment as full payment. Permits provider exclusion and civil penalties for violations. (Sec. 632) Requires a provider payment appeals process. Title VII: Promotion of Primary Health Care; Development of Health Service Capacity; Programs to Assist the Medically Underserved - Subtitle A: Promotion and Expansion of Primary Care Professional Training - Sets forth Board responsibilities regarding the education of health professionals. Sets as national goals that: (1) at least 50 percent of graduate medical residencies be in primary care within five years of this Act's enactment; and (2) there be a certain number, specified by the Board, of midlevel primary care practitioners employed in the health care system by a specified date. (Sec. 702) Mandates an Advisory Committee on Health Professional Education. (Sec. 703) Requires transfer of specified revenues from the American Health Security Trust Fund (Fund) for certain existing programs supporting health professional education and nursing education and for the National Health Service Corps. Subtitle B: Direct Health Care Delivery - Mandates transfer of specified Fund revenues to the Public Health Service for maternal and child health block grants, prevention and treatment of tuberculosis, prevention and treatment of sexually transmitted diseases, preventive health block grants, grants to States for community mental health services and the prevention and treatment of substance abuse, grants for HIV health care services, public health formula grants, and primary care service expansion grants. (Sec. 713) Mandates grants to primary care centers to plan, develop, and deliver primary care to medically underserved populations. Subtitle C: Primary Care and Outcomes Research - Mandates transfer of specified Fund revenues to the Agency for Health Care Policy and Research for health outcomes research. (Sec. 722) Amends the Public Health Service Act to establish in the National Institutes of Health an Office of Primary Care and Prevention Research and a national data system and clearinghouse on primary care and prevention research. Authorizes appropriations. Subtitle D: School-Related Health Services - Authorizes appropriations for this subtitle. Mandates grants to State health agencies or to local community partnerships to develop and operate school health service sites. Title VIII: Financing Provisions; American Health Security Trust Fund - Subtitle A: American Health Security Trust Fund - Amends the Internal Revenue Code to create the American Health Security Trust Fund (Fund). Appropriates to the Fund the increase in tax liabilities attributable to the application of amendments made by this title and receipts from: Medicare, Medicaid, Federal employees' health benefits program, CHAMPUS, Maternal and Child Health program (under title V of the Social Security Act), vocational rehabilitation programs, drug abuse and mental health services programs under the Public Health Service Act, programs providing general hospital or medical assistance, and certain other Federal programs. Transfers to the Fund amounts in the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. Subtitle B: Taxes Based on Income and Wages - Imposes a health care excise tax on every employer and on the self-employed, railroad employers, and railroad employee representatives. Imposes an individual health care income tax. Prohibits credits against the tax and any effect on the minimum tax in relation to the individual health care income tax. Subtitle C: Increase in Excise Taxes on Tobacco Products - Increases the excise taxes on tobacco products. Title IX: Conforming Amendments to the Employee Retirement Income Security Act of 1974 - Makes the Employee Retirement Income Security Act of 1974 (ERISA) inapplicable to health coverage arrangements under State health security programs. Exempts State health security programs from ERISA preemption. Prohibits employee benefits duplicating State health security program benefits and requires that a liable workers' compensation carrier reimburse the State health security plan. Repeals ERISA continuation coverage requirements. Title X: Additional Conforming Amendments - Repeals specified provisions of the Health Insurance Portability and Accountability Act, ERISA, and the Public Health Service Act.
Bill· HRH.R. 1187 (106th)referred
United States · United States Congress · 18 March 1999
Medicare Medical Nutrition Therapy Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of medical nutrition therapy services of registered dietitians and nutrition professionals.
Bill· HRH.R. 1193 (106th)referred
United States · United States Congress · 18 March 1999
Newborn and Infant Hearing Screening and Intervention Act of 1999 - Mandates grants or cooperative agreements to: (1) develop statewide newborn and infant hearing screening, evaluation and intervention programs and systems; and (2) provide technical assistance to State agencies to complement an intramural program and to conduct applied research related to newborn and infant hearing screening, evaluation, and intervention programs and systems. Requires the National Institutes of Health to continue a program of research and development on the efficacy of new screening techniques and technology. Mandates Federal coordination and collaboration with State and local agencies, consumer groups, national medical, health, and education specialty organizations, deaf or hard-of-hearing individuals and their families, qualified professional personnel, and related commercial industries. Authorizes appropriations.
Resolution· HCONRESH.Con.Res. 64 (106th)open
United States · United States Congress · 18 March 1999
Declares that Congress recognizes the severity of the issue of cervical health and makes other statements regarding cervical cancer.
Resolution· HCONRESH.Con.Res. 62 (106th)referred
United States · United States Congress · 18 March 1999
Expresses the sense of Congress that : (1) treatment by means of manual manipulation of the spine to correct a subluxation is a unique chiropractic service which Congress recognizes as a Medicare (title XVIII of the Social Security Act (SSA)) part B (Supplementary Medical Insurance) benefit; (2) it is the unequivocal intent of Congress to ensure that every Medicare+Choice beneficiary under SSA title XVIII part C has access to all services covered under the original Medicare part B fee-for-service program; and (3) as a covered Medicare part B service, such treatment provided by a doctor of chiropractic is a guaranteed service for Medicare+Choice beneficiaries.
Bill· HRH.R. 1169 (106th)referred
United States · United States Congress · 17 March 1999
Children's Health Coverage Improvement Act of 1999 - Amends the Employee Retirement Income Security Act of 1974 to require group health plans to offer children-only coverage to dependents of participants under plans. Provides for continuation of coverage to add special rules for children-only coverage.
Bill· HRH.R. 1149 (106th)referred
United States · United States Congress · 17 March 1999
Advance Planning and Compassionate Care Act of 1999 - Directs the Secretary of Health and Human Services to develop outcome standards and measures to evaluate health care program and project performance in providing quality end-of-life care and to report to Congress on such development. Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act, as amended by the Balanced Budget Act of 1997, with regard to advance directives in order to: (1) require service providers and eligible organizations to provide an appropriately trained professional for discussing advance directive issues with all adult individuals receiving medical care by or through such entities; and (2) ensure that an advance directive valid in one State will be honored in another State. Requires the Secretary to study and report to Congress on: (1) the implementation of this Act; and (2) all matters relating to the creation of a national uniform policy on advance directives. Requires the Secretary, through the Health Care Financing Administration (HCFA), to: (1) establish and operate a clearinghouse and 24-hour toll-free telephone hotline to provide consumer information about advance directives and end-of-life decision making; (2) conduct ongoing evaluations of innovative health care programs that provide end-of-life care to Medicare beneficiaries who are seriously ill or who suffer from a medical condition that is likely to be fatal; and (3) conduct demonstration projects to develop new and innovative approaches to providing such end-of-life care. Directs the Secretary to report annually to Congress on the quality of end-of-life care under Medicare, together with any suggestions for legislation to improve the quality of such care. Provides for necessary funding of such evaluations, demonstration projects, and annual reports. Amends SSA title XVIII, as amended by the Balanced Budget Act of 1997, to provide for Medicare coverage of self-administered prescription drugs which are prescribed for the relief of chronic pain in patients with a life-threatening disease or condition. Directs the Secretary to report annually to Congress on the quality of end-of-life care under Medicare, together with recommendations for appropriate legislation to improve the quality of such care.
Law· SS. 632 (106th)enacted
United States · United States Congress · 16 March 1999
Poison Control Center Enhancement and Awareness Act - Directs the Secretary of Health and Human Services to provide coordination and assistance to regional poison control centers for the establishment of a nationwide toll-free phone number to be used to access such centers. Authorizes appropriations. Mandates a national media campaign to educate the public about poison prevention and the availability of local poison control resources and to conduct advertising campaigns concerning the nationwide toll-free number. Authorizes appropriations. Mandates grants for certified regional poison control centers to achieve financial stability and to prevent, and provide treatment recommendations for, poisoning. Mandates other grant uses. Sets forth center certification requirements. Authorizes appropriations.
Bill· SS. 625 (106th)open
United States · United States Congress · 16 March 1999
TABLE OF CONTENTS: Title I: Needs-Based Bankruptcy Title II: Enhanced Consumer Protection Subtitle A: Penalties for Abusive Creditor Practices Subtitle B: Priority Child Support Subtitle C: Other Consumer Protections Title III: Discouraging Bankruptcy Abuse Title IV: General and Small Business Bankruptcy Provisions Subtitle A: General Business Bankruptcy Provisions Subtitle B: Small Business Bankruptcy Provisions Title V: Municipal Bankruptcy Provisions Title VI: Improved Bankruptcy Statistics and Data Title VII: Bankruptcy Tax Provisions Title VIII: Ancillary and Other Cross-Border Cases Title IX: Financial Contract Provisions Title X: Protection of Family Farmers Title XI: Health Care and Employee Benefits Title XII: Technical Amendments Title XIII: General Effective Date; Application of Amendments Bankruptcy Reform Act of 1999- Title I: Needs Based Bankruptcy - Amends Federal bankruptcy law to revamp guidelines governing dismissal or conversion of a Chapter 7 liquidation petition (complete relief in bankruptcy), to one under Chapter 13 (Adjustment of Debts of an Individual with Regular Income). Allows a bankruptcy panel trustee and any party in interest to move for such dismissal or conversion (current law prohibits such party in interest from such motions). Lowers the "substantial abuse" standard for dismissal or conversion to one of simple abuse. Replaces the presumption in favor of granting the relief sought by the debtor with a presumption that abuse exists if the debtor's current monthly income exceeds specified formulae. Provides that the presumption of abuse may be rebutted only with detailed documentation of special circumstances requiring additional expenses or adjustment of currently monthly total income. Requires the debtor's counsel to: (1) reimburse the bankruptcy trustee for legal fees in prosecuting a dismissal or conversion motion if the court finds that counsel's filing under chapter 7 was not substantially justified; and (2) pay a civil penalty for the violation of certain bankruptcy rules. (Sec. 103) Revises procedural guidelines to mandate written notice to the individual consumer debtor before commencement of a case that credit counseling services approved by the United States Trustee are available. (Sec. 104) Instructs the Director of the Executive Office for U.S. Trustees to: (1) develop a financial management training curriculum and materials to educate individual debtors on how to better manage their finances; and (2) evaluate and report to the Congress on the curriculum's efficacy. (Sec. 105) Precludes an individual debtor from filing under Federal bankruptcy law unless the individual has received a briefing from an approved nonprofit credit counseling service prior to filing a bankruptcy petition. Predicates a chapter 7 or chapter 13 discharge in bankruptcy upon the debtor's completion of an approved instructional course concerning personal financial management. Title II: Enhanced Consumer Protection - Subtitle A: Penalties for Abusive Creditor Practices - Cites circumstances under which the court may reduce by up to 20 percent a claim based upon unsecured consumer debts if the debtor can show by clear and convincing evidence that the claim was filed by a creditor who unreasonably refused to negotiate a reasonable alternative repayment schedule proposed by an approved credit counseling agency acting on the debtor's behalf. (Sec. 202) Modifies guidelines governing the discharge of a debtor's liability, as well as the automatic stay, to entitle an individual who is injured by the willful failure of a creditor to credit payments received to bring an action for actual damages and legal fees. (Sec. 203) Includes as a violation of automatic stay proscriptions any communication threatening a debtor for the purpose of coercing an agreement for a debt reaffirmation. (Sec. 204) Modifies debt reaffirmation guidelines governing wholly unsecured consumer debts to mandate additional disclosures for dischargable debt agreements. Instructs the Attorney General to designate United States attorneys and agents of the Federal Bureau of Investigation to implement enforcement activities in addressing abusive reaffirmations of debt. Subtitle B: Priority Child Support - Revises chapter 7 priority payment guidelines to place within the first priority claim category certain claims for domestic support obligations, on the condition that funds received by a governmental unit be applied in a prescribed order. (Sec. 212) Conditions court confirmation of a chapter 11 or chapter 13 plan (and its consequent discharge of debts) upon certification of debtor's payment of domestic support obligations that are due after the petition filing date. (Sec. 213) Excepts from an automatic stay specified choses-in-action pertaining to domestic support obligations, including: (1) establishment of paternity; (2) suspension of drivers' licenses and professional licenses; (3) interception of tax refunds; and (4) enforcement of medical obligations under title IV, part D (Child Support and Establishment of Paternity) of the Social Security Act. (Sec. 215) Modifies guidelines governing property exempt from the bankruptcy estate to declare such property liable for domestic support obligations. (Sec. 216) Precludes the bankruptcy trustee from avoiding a transfer that is a bona fide payment of a debt for a domestic support obligation. (Sec. 217) Sets forth the duties of the bankruptcy trustee under chapters 7 and 13 regarding a claim against an individual debtor for the collection of child support, including notifying the claim holder and the appropriate State child support agency of the debtor's location. Subtitle C: Other Consumer Protections - Mandates specified notices and disclosures to a debtor by a debt relief counseling agency. (Sec. 223) Sets forth a debtor's bill of rights which such agency must observe. (Sec. 224) Declares invalid any waiver of debtor protections by the assisted person. Prescribes enforcement guidelines. (Sec. 225) Expresses the sense of the Congress that States should develop curricula relating to the subject of personal finance, designed for use in elementary and secondary schools. (Sec. 226) Places in the tenth order of prioritized claims against the bankrupt estate any death or personal injury claims resulting from the unlawful operation of a motor vehicle or vessel because the debtor was drug or alcohol-impaired. Title III: Discouraging Bankruptcy Abuse - Modifies exceptions to a discharge in bankruptcy to prohibit discharge of a filing fee imposed by any court upon a prisoner. (Sec. 302) Terminates the automatic stay 30 days after filing of a petition if a chapter 7, 11, or 13 petition was pending and dismissed the previous year, unless the subsequent filing is in good faith. Delineates conditions under which a history of previous petitions in bankruptcy give rise to a rebuttable presumption that the case is not filed in good faith. (Sec. 303) Directs the court to grant relief from the automatic stay upon request of a party in interest with respect to certain real property actions if the court finds that filing the bankruptcy petition was part of a scheme to delay, hinder, and defraud creditors. Denies automatic stay protections regarding certain creditors' enforcement actions against real property for a specified period following a prior order in bankruptcy which forbade the debtor from being a debtor in another bankruptcy case. (Sec. 304) Modifies debtor's duties to mandate specified affirmative actions to be taken by a chapter 7 debtor, including reaffirmation of the debt, or redemption of the property within 45 days, in order to retain possession of personal property. Allows a creditor to take action with respect to such property under nonbankruptcy law if the debtor fails to act within 45 days, unless the court determines upon trustee motion that such property is consequential value or benefit to the estate. (Sec. 305) Declares that the automatic stay is terminated regarding property of the debtor's estate securing a claim or subject to an unexpired lease, if the debtor fails to complete an intended surrender of consumer debt collateral within a revised, accelerated time frame (unless the court determines upon trustee motion that such property is of consequential value or benefit to the estate). (Sec. 306) Instructs the bankruptcy court to confirm a chapter 13 plan if it provides that the holder of a secured allowed claim shall retain the attendant lien until payment or discharge of all debts. Provides that if a chapter 13 proceeding is dismissed or converted without completion of the plan, the holder shall retain such lien to the extent recognized by applicable nonbankruptcy law. Provides that statutory guidelines to determine the secured status of a creditor's claim do not apply if the underlying debt was incurred within the five-year period preceding the filing of the bankruptcy petition and the collateral for that debt consists of a motor vehicle acquired for the debtor's personal use (or if the collateral consists of any other thing of value if the debt was incurred during the six- month period preceding such filing). (Sec. 307)Increases from 180 to 730 days the length of a debtor's location of domicile for purposes of determining which State law governs the debtor's selection of property exempt from the bankrupt estate. (Sec. 308) Reduces the value of homestead exemption and debtor's burial plot to the extent it is attributable to any portion of any property that is disposed by the debtor within the 730-day period ending on the bankruptcy petition filing date with the intent to obstruct or defraud a creditor, and that the debtor could not exempt. (Sec. 309) Revamps prescriptions governing the effects of conversion from chapter 13 to another chapter. Declares that: (1) valuations of property and of allowed secured claims in a chapter 13 case shall not apply in a case converted to chapter 7; and (2) with respect to cases converted from chapter 13, the claim of any creditor holding security as of the date of the petition shall continue to be secured by that security unless the full amount of that claim, as determined under applicable nonbankruptcy law, has been paid in full as of the date of conversion. States that a prebankruptcy default shall have the effect given under applicable nonbankruptcy law unless it has been fully cured pursuant to the plan at the time of conversion. Provides for a chapter 7 debtor's assumption of executory contracts and unexpired leases of personal property. Declares that in a chapter 11 case in which the debtor is an individual, and in a chapter 13 case, if the lease is not assumed in the plan, it is rejected (and no longer subject to an automatic stay) as of the plan's confirmation date. Delineates a cash payment plan for chapter 13 debtors for payments to any lessor of personal property and to any creditor holding a claim secured by personal property to the extent such claim is attributable to the debtor's purchase of such property. (Sec. 310) Reduces from the threshold amounts of luxury goods and consumer credit cash advances presumed nondischargeable in bankruptcy, if acquired within 90 days and 70 days, respectively (currently 60 days) before an order for relief is issued. (Sec. 311) Precludes an automatic stay of any eviction, unlawful detainer action, or similar proceeding by a lessor against a debtor involving residential real property in which: (1) the debtor resides and has not paid rent after the commencement and during the course of the case; (2) the rental agreement has terminated; (3) the debtor has previously filed within the last year and failed to pay post-petition rent during the course of that case; or (4) eviction actions are based upon endangerment to property or person or the use of illegal drugs. (Sec. 312) Extends the period between chapter 7 discharges to eight years, and between chapter 13 discharges to five years. (Sec. 314) Declares nondischargeable in bankruptcy: (1) debts intentionally incurred to pay a nondischargeable debt with the intent to discharge the newly-created debt; and (2) all debts incurred to pay nondischargeable debts, without regard to intent, if incurred within 70 days of the filing of the petition. Treats a debt incurred to pay child or spousal support as a dischargable debt (in order to preclude such support from having to compete with the nondischargeable debt). Revamps Chapter 13 debt discharge guidelines. Prohibits discharge from a debt for restitution or damages awarded in a civil action against the debtor for willful or malicious injury that caused personal injury or death of an individual. (Sec. 315) Prescribes notice procedures for chapter 7 and chapter 13 creditors. Expands debtor's duties to require filing with the bankruptcy court: (1) all tax returns; (2) evidence of payments received; (3) monthly net income projections; and (4) anticipated debt or expenditure increases. Permits a chapter 7 or chapter 13 creditor to request the debtor's petition, schedules and statement of affairs, including the debt adjustment plan filed by the debtor. Mandates debtor compliance within five days of such request. Mandates that, at the time of filing with the taxing authority, a chapter 7 or 13 debtor file with the bankruptcy court specified tax documentation pertaining to the period from case commencement until case termination. Requires a chapter 13 debtor to file with the court a statement of income and expenditures in the preceding tax year, and monthly net income, showing how calculated. Makes debtor's mandatory documentation available for inspection and copying to certain bankruptcy officers and any party in interest. Requires debtors to furnish driver's license, passport or other photograph-containing documentation establishing debtor identification. (Sec. 316) Provides for automatic dismissal if a chapter 7 debtor fails to furnish all mandatory information, or fails to timely file the requisite schedules. Requires the court to order dismissal within five days of a request by a party in interest for the debtor's failure to timely submit requisite documentation. (Sec. 317) Requires a Chapter 13 confirmation hearing to be held not later than 45 days after the first meeting of creditors. Mandates filing of a Chapter 13 debt readjustment plan within 90 days of the order for relief. Prohibits such plan (with certain exceptions) from providing for payments over a period that is longer than three years. (Sec. 319) Expresses the sense of the Congress that rule 9011 of the Federal Rules of Bankruptcy Procedure should include a requirement that all debtors' documents be submitted to the court only after debtors have made reasonable inquiry to verify that all information therein is well grounded in fact, and warranted by existing law or a good faith argument for extension, modification or reversal of existing law. (Sec. 320) Revises automatic stay guidelines to provide that in the case of an individual filing under chapters 7, 11, or 13, the automatic stay shall terminate 60 days after a request for its release by a party in interest, unless the court orders or the parties agree to a longer time. Title IV: General and Small Business Bankruptcy Provisions - Subtitle A: General Business Bankruptcy Provisions - Revises circumstances under which enforcement of rights and remedies of a secured party in either rolling stock equipment, or aircraft equipment and vessels, is subject to the automatic stay. (Sec. 402) Denies a debtor an automatic stay of the commencement of an investigation or action by a securities self-regulatory organization to enforce compliance with its regulations, or of the enforcement of any order or decision obtained by such an organization, other than for monetary sanctions. (Sec. 403) Authorizes the bankruptcy court, upon request of a party in interest, to order that the U.S. trustee not convene a meeting of creditors or equity security holders if the debtor has filed a plan for which acceptances have been solicited before commencement of the case. (Sec. 405) Amends guidelines for rejection and surrender of executory contracts and unexpired leases. (Sec. 407) Prohibits the bankruptcy trustee from avoiding a warehouseman's lien for costs incidental to the storage and handling of certain goods. (Sec. 409) Directs the bankruptcy court to treat the compensation awarded a trustee as a commission based on the results achieved. (Sec. 410) States that acceptance or rejection of a chapter 11 plan may be solicited from a holder of a claim or interest if: (1) the solicitation complies with applicable nonbankruptcy law; and (2) it was made before commencement of the case in a manner complying with applicable nonbankruptcy law. (Sec. 411) Prohibits the bankruptcy trustee from avoiding a transfer if, in a case filed by a debtor whose debts are not primarily consumer debts, the aggregate value of all property that constitutes or is affected by such transfer is less than $5,000. (Sec. 413) Limits the extensions of time permitted for filing a chapter 11 reorganization plan. (Sec. 414) Denies a discharge in bankruptcy for a debt for a fee or assessment arising from a debtor's interest in a lot in a homeowners association for as long as the debtor retains specified interests in such lot. (Sec. 415) Authorizes a creditor holding a consumer debt to participate in a meeting of creditors in a chapter 7 or 13 case, either alone or in conjunction with an attorney. (Sec. 416) Amends the Federal judicial code to revise the requirement that a chapter 11 debtor pay quarterly fees to the U.S. Trustee for disbursements made during a quarter. Requires debtors with disbursements of less than $300,000 to pay such fee only until the case is converted or plan confirmation is obtained, whichever occurs first. (Sec. 417) Removes investment bankers from the definition of "disinterested person." Subtitle B: Small Business Bankruptcy Provisions - Sets forth mandatory factors for court consideration in determining whether the disclosure statement regarding a small business reorganization plan provides adequate information. (Sec. 422) Defines a small business debtor, generally, as a person (including a debtor affiliate) with not more than $4 million in aggregate non-contingent, liquidated secured and unsecured debts as of the date of the petition or the order for relief (excluding debts owed to one or more affiliates or insiders). (Sec. 423) Directs the Advisory Committee on Bankruptcy Rules of the Judicial Conference (Advisory Committee) to propose for adoption standardized disclosure statements and plans of reorganization for small business debtors. (Sec. 424) Sets forth uniform national reporting requirements for small business debtors. (Sec. 425) Directs the Advisory Committee to propose for adoption revisions to the Federal Rules of Bankruptcy Procedure and Official Bankruptcy Forms enabling small business debtors to comply with such uniform national reporting requirements. (Sec. 426) Sets forth duties and administrative procedures in small business reorganization cases, including serial filer provisions and expanded grounds for dismissal or conversion and appointment of a trustee. (Sec. 434) Directs the Small Business Administration to study and report to the Congress on: (1) the factors that cause small businesses to become debtors in bankruptcy; and (2) how Federal bankruptcy laws can be made more efficient in assisting small businesses to retain their viability. (Sec. 435) Revises the circumstance where a debtor has commenced monthly payments to each secured interest creditor to allow the debtor, in the debtor's sole discretion, to make such payments from rents or other income generated before or after the commencement of the case by or from the property. Requires such payments in an amount equal to the interest on the value of the creditor's interest in the real estate, determined at the then-applicable contract rate of interest (currently, at the fair market rate). Title V: Municipal Bankruptcy Provisions - Makes technical amendments to requirements for a municipal bankruptcy petition. Title VI: Improved Bankruptcy Statistics and Data - Requires each U.S. trustee to report to the Attorney General on audit results. Requires the Attorney General to establish random audits of individual cases. (Sec. 601) Amends the Federal judicial code to require the clerk of each district to compile bankruptcy statistics for individual debtors with primarily consumer debts seeking relief under chapters 7, 11, and 13. Directs the Administrative Office of the United States Courts (Administrative Office) to make such statistics public and to report them annually to the Congress. (Sec. 603) Instructs the Attorney General to promulgate requirements for uniform forms for: (1) final reports by trustees in cases under chapters 7, 12, and 13; and (2) periodic reports by chapter 11 debtors or trustees in possession. Prescribes report contents. (Sec. 604) Expresses the sense of the Congress that the national policy should be that: (1) all public record data held in electronic form by bankruptcy clerks should be released in electronic form in bulk to the public subject to appropriate privacy concerns and safeguards as the Judicial Conference of the United States may determine; and (2) a bankruptcy data system should be established in which a single set of data definitions are used to collect data nationwide, and in which all data for any particular bankruptcy case are aggregated in the same electronic record. Title VII: Bankruptcy Tax Provisions - Amends the bankruptcy code to modify the treatment of certain tax liens. (Sec. 702) Requires a debtor indebted to a governmental unit to furnish specified information concerning such debt, including the underlying basis for the governmental unit's claim. Requires the Advisory Committee on Bankruptcy Rules of the Judicial Conference to propose for adoption enhanced rules for providing notice to Federal, State, and local government units that have regulatory authority over the debtor or which may be creditors in the debtor's case. (Sec. 704) Prescribes the rate of interest to be paid on mandatory interest payments on tax claims. (Sec. 705) Revises the specifications for income tax claims receiving eighth priority (allowed unsecured claims of governmental units). Provides for tolling of the time periods covering such tax claims for stays of proceedings in a prior bankruptcy case, and the pendency or effect of offers in compromise or installment agreements. (Sec. 708) States that confirmation of a bankruptcy plan does not discharge a corporate debtor from any debt for a tax or customs duty with respect to which the debtor made a fraudulent return or willfully attempted to evade or defeat such tax. (Sec. 709) Amends the automatic stay of U.S. Tax Court proceedings concerning the debtor to restrict such stay to tax liability for a taxable period ending before the order for relief. States that the filing of a bankruptcy petition does not operate as a stay of an appeal from a judicial or administrative determination of the debtor's tax liability without regard to whether such determination was made prepetition or postpetition. (Sec. 710) Includes among the requirements for court confirmation of a chapter 11 bankruptcy plan which includes tax claims, that the debtor, at the minimum, make regular cash installment payments, but in no case with a balloon provision, and no more than three months apart, beginning no later than the effective date of the plan and ending on the earlier of five years after the petition date or the last date payments are to be made under the plan to unsecured creditors. (Sec. 711) Prohibits the avoidance of statutory tax liens by certain purchasers. (Sec. 712) Amends the Federal judicial code to require officers and agents conducting any business under court authority to pay all Federal, State and local taxes when due in the course of the business, unless it is a property tax secured by a lien against estate property which is abandoned by the bankruptcy trustee, or payment of the tax is excused under a specific bankruptcy law. Cites circumstances in which payment of such taxes may be deferred in a case pending under chapter 7 until final distribution is made. Entitles to administrative expense priority payment certain secured and postpetition unsecured taxes incurred by the bankruptcy estate, including ad valorem property taxes. Declares that a governmental unit shall not be required to file a request for the payment of administrative expenses relating to a tax liability or tax penalty. Allows a trustee to recover from property securing a claim for the payment of all ad valorem property taxes relating to such property. (Sec. 713) Requires as a condition for payment of tardily filed priority tax claims that they be filed either before the trustee commences distribution or ten days following the mailing to creditors of the summary of the trustee's final report, whichever is earlier (currently, before the trustee commences distribution of the estate). (Sec. 714) Makes nondischargeable any obligations based on income tax returns prepared by tax authorities. (Sec. 715) Declares that an estate's liability for unpaid tax is discharged upon payment of such tax according to certain requirements. (Sec. 716) Conditions court confirmation of a chapter 13 bankruptcy plan upon filing by the debtor: (1) of all prepetition tax returns; and (2) before the day on which the first meeting of thecreditors is convened, of all tax returns for taxable periods endingin the three-year period that ends on the date of the filing of thepetition. Authorizes the court to dismiss a plan, if a chapter 13debtor fails to comply with such time frame. Expresses the sense of the Congress that the Advisory Committee onBankruptcy Rules of the Judicial Conference should propose foradoption amended Federal Rules of Bankruptcy Procedure pertaining toobjections to tax claims and to plan confirmation. (Sec. 717) Redefines "adequate disclosure," for postpetition disclosure and solicitation purposes, to include full discussion ofthe potential material Federal and State tax consequences of the plan to the debtor and to a hypothetical investor domiciled in the State in which the debtor resides or has its principal place of business typical of the holders of claims or interests in the case. (Sec. 718) Denies an automatic stay, unless specified conditions are met, to the setoff of an income tax refund for a taxable periodwhich ended before the order for relief against an income tax liability for a taxable period which also ended before the order forrelief. Title VIII: Ancillary and Other Cross-Border Cases - Expands thescope of bankruptcy law to incorporate the Model Law on Cross-BorderInsolvency, and to establish a statutory mechanism for: (1) dealingwith cases of cross-border insolvency; and (2) cooperation betweenU.S. courts, trustees, and debtors and their foreign counterparts. Prescribes guidelines for: (1) access by foreign representatives and creditors to Federal and Statecourts; (2) recognition of a foreign proceeding and relief; (3) cooperation and direct communication with foreign courts and representatives; and (4) concurrent proceedings and the coordination of foreign and domestic proceedings. Title IX: Financial Contract Provisions - Amends Federal bankruptcy provisions to: (1) deny an automatic stay to set-offs under certain swap agreements and netting agreements; and (2) restrict the avoidance power of the bankruptcy trustee regarding certain master netting agreement transfers to those transfers that are fraudulent in nature. Sets forth statutory guidelines for: (1) the termination or acceleration of designated contracts and agreements; and (2) commodity broker and stockbroker liquidation with respect to the priority of unsecured claims, or customer property or distributions. (Sec. 902) Specifies the date for the measure of damages in connection with: (1) rejection by the bankruptcy trustee of designated contracts and agreements relating to executory contracts and unexpired leases; or (2) the liquidation, acceleration, or termination of such contracts and agreements. (Sec. 903) Declares that property of the bankrupt estate does not include any eligible asset (or its proceeds) to the extent that it was transferred by the debtor before commencement of the case to an eligible entity in connection with an asset-backed securitization (except to the extent that such asset, or its proceeds or value, may be recovered through avoidance by the bankruptcy trustee). Title X: Protection of Family Farmers - Amends the Federal bankruptcy provisions to: (1) reenact Chapter 12, Adjustment of Debts of a Family Farmer with Regular Annual Income, (thereby reinstating family farmer bankruptcy relief); (2) define a family farmer as one whose gross income of more than 50 percent from a farming operation was received during at least one of the three taxable years preceding the taxable year in which the bankruptcy petition was filed (thus relaxing eligibility criteria from one year to three years); and (3) cite circumstances under which the claim of a governmental unit that arises as a result of the disposition of a farm asset used in thedebtor's farming operation shall be treated as an unsecured claim that is not entitled to priority. Title XI: Health Care and Employee Benefits - Amends bankruptcy provisions to prescribe guidelines for disposal of the patient records of a health care business (including a hospital, a health maintenance organization, or a nursing home) that commences a proceeding for debtor relief. Provides for disposal with a State or Federal agency, the patient or an insurance provider, or by destruction. (Sec. 1103) Allows an administrative expense claim for the costs of closing a health care business, including disposal of patient records and transfer of patients to another health care business. (Sec. 1104) Requires the bankruptcy court to appoint an ombudsman to represent the interests of the patients of a health care business within 30 days after commencement of a case under chapter 7 (Liquidation), 9 (Adjustment of Debts of a Municipality), or 11 (Reorganization). (Sec. 1105) Requires the bankruptcy trustee to use all reasonable and best efforts to transfer patients from the health care business in the process of being closed to an appropriate substitute. Title XII: Technical Amendments - Makes technical corrections to Federal bankruptcy, judicial, and criminal law. Redefines single asset real estate to exclude family farms and to repeal the $4 million ceiling on the amount of noncontingent, liquidated secured debts on such property. Defines the term "transfer" to include: (1) creation of a lien; (2) retention of title as a security interest; (3) foreclosure of the debtor's equity of redemption; and (4) every mode of disposing of property or parting with an interest in property. (Sec. 1202) Requires triennial adjustment of: (1) the $5,000 value of certain implements, professional books, tools of the trade, farm animals, and crops which a debtor may exempt from the property of the estate (protecting them from creditors' liens); and (2) the national median household income calculated monthly. (Sec. 1206) Provides that a trustee or a creditors' and equity security holders' committee may pay a professional person they employ on a fixed or percentage fee basis, as well as on other bases already permitted. (Sec. 1211) Excludes from compensable professional services any expenses incurred by an individual member of a creditors' and equity security holders' committee. (Sec. 1213) Revises the prohibition against debtor avoidance of certain judicial liens in connection with a liability designated as, and actually in the nature of, alimony, maintenance, or support. (Sec. 1214) Declares nondischargeable in bankruptcy a debt for death or personal injury caused by the debtor's operation of a watercraft or aircraft while intoxicated from alcohol, a drug, or other substance. Limits the nondischargeability of fees imposed by a court to fees so imposed on a prisoner. (Sec. 1219) Revises guidelines governing preferences to provide that, if the trustee avoids a security interest given between 90 days and one year before the date of the filing of the petition, by the debtor to a non-insider for the benefit of a creditor that is an insider, then such security interest shall be considered to be avoided only with respect to the insider creditor. (Sec. 1225) Permits the bankruptcy trustee to sell, use, or lease property in accordance with nonbankruptcy law governing the transfer of property by nonprofit charitable corporations, if doing so is not inconsistent with certain relief granted under the automatic stay. (Sec. 1226) Extends from 20 to 30 days the length of time after a debtor receives possession of property for perfection of a security interest in such property created by a transfer which the trustee may not avoid. (Sec. 1228) Bankruptcy Judgeship Act of 1999 - Amends the Federal judicial code to mandate appointments for additional temporary bankruptcy judgeships in California, Florida, Maryland, Michigan, Mississippi, New Jersey, New York, Pennsylvania, Tennessee, and Virginia. Provides that the first vacancy occurring in such agdistrict five years or more after a judge is appointed under this Act shall not be filled. Extends temporary bankruptcy judgeship positions authorized for the northern district of Alabama, the eastern district of Tennessee, and the districts of Delaware, Puerto Rico, and South Carolina. Directs each chief bankruptcy judge to report annually to the Director of the Administrative Office of the U.S. Courts on the travel expenses of each bankruptcy judge assigned to the applicable district. Title XIII: General Effective Date; Application of Amendments - Sets forth the effective date of this Act and the application of its amendments.
Bill· SS. 631 (106th)referred
United States · United States Congress · 16 March 1999
Immunosuppressive Drugs Coverage Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act to: (1) eliminate the time limitation on Medicare benefits for immunosuppressive drugs under the Medicare program; (2) continue the entitlement of certain individuals to payments for such drugs after Medicare benefits end; and (3) extend without time limitation certain Medicare secondary payer requirements with regard to such drugs for individuals with end stage renal disease.
Bill· SS. 636 (106th)referred
United States · United States Congress · 16 March 1999
Children's Health Insurance Accountability Act of 1999 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to establish standards for the health quality improvement of children in managed care plans and other health plans. (Sec. 4) Directs the Secretary of Health and Human Services to study and report to Congress on: (1) the unique characteristics of patterns of illness, disability, and injury in children; (2) the development of measures of quality of care and outcomes related to the health care of children; and (3) the access of children to primary mental health services and the coordination of managed behavioral health services. Requires the General Accounting Office (GAO) to study and report to specified congressional committees on: (1) an assessment of the structure and performance of non-governmental health plans, Medicaid managed care organizations, and specified plans and programs under the Social Security Act, serving the needs of children with special health care needs; (2) an assessment of the structure and performance of non-governmental plans in serving the needs of children as compared to Medicaid managed care organizations; and (3) the emphasis that private managed care health plans place on primary care and the control of services as it relates to care and services provided to children with special health care needs. Requires GAO to submit to specified congressional committees a report containing a survey of health plan activities that address the unique health needs of adolescents, including quality measures for adolescents and innovative practice arrangement.
Bill· SS. 628 (106th)referred
United States · United States Congress · 16 March 1999
Advance Planning and Compassionate Care Act of 1999 - Directs the Secretary of Health and Human Services to develop outcome standards and measures to evaluate health care program and project performance in providing quality end-of-life care and to report to Congress on such development. Requires the Secretary to study and report to Congress on: (1) the implementation of this Act; and (2) all matters relating to the creation of a national uniform policy on advance directives. Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act, as amended by the Balanced Budget Act of 1997, with regard to advance directives in order to: (1) require service providers and eligible organizations to provide an appropriately trained professional for discussing advance directive issues with all adult individuals receiving medical care by or through such entities; and (2) ensure that an advance directive valid in one State will be honored in another State. Requires the Secretary, through the Health Care Financing Administration (HCFA), to: (1) establish and operate a clearinghouse and 24-hour toll-free telephone hotline to provide consumer information about advance directives and end-of-life decision making; (2) conduct ongoing evaluations of innovative health care programs that provide end-of-life care to Medicare beneficiaries who are seriously ill or who suffer from a medical condition that is likely to be fatal; and (3) conduct demonstration projects to develop new and innovative approaches to providing such end-of-life care. Directs the Secretary to report annually to Congress on the quality of end-of-life care under Medicare, together with any suggestions for legislation to improve the quality of such care. Provides for necessary funding of such evaluations, demonstration projects, and annual reports. Amends SSA title XVIII, as amended by the Balanced Budget Act of 1997, to provide for Medicare coverage of self-administered prescription drugs which are prescribed for the relief of chronic pain in patients with a life-threatening disease or condition.
Bill· HRH.R. 1136 (106th)referred
United States · United States Congress · 16 March 1999
TABLE OF CONTENTS: Title I: Providing Affordable Care Through HealthMarts Title II: Providing Affordable Care Through Association Health Plans Title III: Providing Affordable Care By Allowing Health Care Coverage Credits to Individuals Title IV: Providing Affordable Care Through Medical Savings Accounts Affordable Health Care Act of 1999 - Title I: Providing Affordable Care Through HealthMarts - Amends the Public Health Service Act to create a new title on HealthMarts. Requires that HealthMarts: (1) be nonprofit entities composed of employers, employees health care providers, and entities that underwrite or administer health benefits coverage; and (2) make available health coverage to all employers and eligible employees at rates established by the insurance issuer on a policy or product specific basis. Deems HealthMarts group health plans for purposes of specified provisions of the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code. Requires that coverage made available to an eligible employee in a geographic area be offered to all eligible employees in the same area. Declares that the HealthMart: (1) provides coverage only through contracts with issuers and does not assume insurance risk; (2) provides administrative services for purchasers; and (3) collects and disseminates consumer information on all offered coverage options. Requires that HealthMart coverage provide full portability of creditable coverage for individuals who remain members of the same HealthMart notwithstanding that they change employers. Allows HealthMart coverage to include coverage through an HMO, a preferred provider or licensed provider-sponsored organization, an insurance company, a medical savings or flexible spending account, a point-of-service option, a community health organization, or any combination of those coverages. Requires a HealthMart to permit any employer to contract for coverage and prohibits varying eligibility conditions. Prohibits the purchaser from obtaining or sponsoring coverage other than through the HealthMart. Prohibits enrollment discrimination based on health. Requires HealthMarts to make at least four coverage options available, at least one of which is a non-network option. Supersedes certain related State laws. Provides for the application of: (1) certain existing ERISA and Public Health Service Act requirements; and (2) renewability requirements when the contract between a HealthMart and an issuer is terminated. Directs the Secretary of Health and Human Services to administer this subtitle through a separate Health Care Marketplace Division. Title II: Providing Affordable Care through Association Health Plans - Amends ERISA to define "association health plan" to mean a group health plan meeting specified requirements, including being sponsored by a trade, industry, or professional association, a chamber of commerce (or a similar business association) organized and maintained for substantial purposes other than obtaining or providing medical care. Provides for association plan certification and mandates a class certification procedure. Prohibits a sponsor's affiliated members from being offered coverage unless the member: (1) was affiliated on the certification date; or (2) did not maintain or contribute to a group health plan during the 12 months before the offering of coverage. Prohibits a participating employer from providing health coverage in the individual market for any employee who is eligible for plan coverage if the exclusion from plan coverage is based on health status. Prohibits excluding an employer from an association plan if the employer and plan each meet specified requirements. Prohibits contribution rates for participating small employers from varying on the basis of claims experience or type of business. Requires, if any plan benefit option does not consist of health coverage, that the plan have at least 1,000 participants and beneficiaries. Requires, if a benefit option consisting of health coverage is offered under the plan, that State-licensed insurance agents be used to distribute to small employers coverage that is not health coverage in a manner comparable to the manner in which those agents are used to distribute health coverage. Allows association plan coverage to include coverage through an HMO, a preferred provider or licensed provider-sponsored organization, an insurance company, a medical savings or flexible spending account, a point-of-service option, a community health organization, or any combination of those coverages. Requires association plans to make at least four coverage options available, at least one of which is a non-network option. Mandates development of a model benefits package. Requires that a plan consist only of health coverage or, if the plan provides any additional benefit options, that the plan meet certain reserve and excess stop loss insurance and solvency indemnification requirements regarding the additional benefit options for which risk has not yet been transferred. Requires that all plans maintain a specified surplus. Requires association plans providing additional options to make annual payments to the Association Health Plan Fund. Requires that, when there is or will be a failure to maintain such reserves, excess stop loss insurance, and indemnification, the Secretary of Labor pay amounts as necessary to maintain the excess stop loss insurance or indemnification. Establishes the Fund. Mandates advance notice to participants and beneficiaries of certified plan termination. Requires, when a plan has failed or will fail to maintain required reserves, excess stop loss insurance, and indemnification, either corrective action or plan termination. Provides for court appointment of the Secretary as trustee to administer a plan during insolvency. Allows a State to impose a contribution tax on an association plan providing additional options.. Declares that this subtitle supersedes certain related State laws. (Sec. 202) Modifies the circumstances in which two or more trades or businesses must be deemed a single employer. (Sec. 203) Excludes from the definition of "multiple employer welfare arrangement" any arrangement: (1) established or maintained under specified Federal (or similar State) labor relations provisions; or (2) meeting certain collective bargaining and other requirements. Title III: Providing Affordable Care by Allowing Health Care Coverage Credits to Individuals - Amends the Internal Revenue Code to allow an individual a credit for the purchase of qualified health coverage. Amends provisions allowing a deduction for health insurance costs of self-employed individuals to allow that deduction only for qualified long-term care insurance. Title IV: Providing Affordable Care Through Medical Savings Accounts - Repeals Internal Revenue Code provisions limiting the number of taxpayers having medical savings accounts (MSAs). Removes provisions: (1) allowing an employee to continue to be MSA-eligible even though their employer ceases to be a small employer; and (2) defining "small employer." Increases the amount of the MSA deduction allowed. Modifies requirements regarding coordination of an individual's MSA deduction with the exclusion for employer MSA contributions. Lowers the lower limit of deductibles eligible as high deductible plans. Allows MSAs to be included in cafeteria plans.
Bill· HRH.R. 1133 (106th)referred
United States · United States Congress · 16 March 1999
Comprehensive Managed Health Care Reform Act of 1999 - Applies this Act as though its provisions were included in specified provisions of the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code relating to group and individual health insurance. Requires compliance with this Act with regard to a Medicare+Choice or a Medicaid (titles XVIII and XIX of the Social Security Act) managed care organization. Declares that this Act does not supersede State laws providing greater protection. Nullifies any contract provision or agreement in violation of this Act. (Sec. 4) Requires a managed care organization to: (1) maintain an adequate number, mix, and distribution of health care professionals; (2) provide access to specialized treatment expertise; (3) permit use of a specialist as a primary care provider; (4) allow standing specialist referrals; (5) permit use, without referral, of specialists in obstetrics and gynecology; (6) make emergency or urgent care services available 24 hours a day, seven days a week, without prior authorization; (7) permit referrals to nonparticipating providers if the organization does not have appropriate participating providers; (8) provide access to specialized treatment expertise at designated centers of excellence (directs the Secretary of Health and Human Services to establish a designation process); (9) not limit coverage in connection with enrollee participation in an approved clinical study; (10) provide, for enrollees with a life-threatening condition, access to experimental treatments; and (11) provide coverage for a prescribed drug, approved by the Food and Drug Administration, whether or not the drug is on a formulary used by the organization. (Sec. 5) Requires a managed care organization to: (1) cover prescription drugs, preventive services, and inpatient and outpatient services; (2) cover annual screening mammography for certain enrollees; (3) not restrict benefits for breast cancer mastectomy or lymph node dissection, prescription contraceptive drugs or devices, or outpatient contraceptive services; (4) not distinguish in the amount, duration, or scope of coverage based on whether items and services relate to mental or physical health; (5) if required by the Secretary, contract with essential community providers to join the organization's network; (6) offer an enrollment option to receive services by nonparticipating professionals; (7) provide for continuity of care; and (8) provide access to a second opinion regarding treatment options. (Sec. 6) Prohibits a managed care organization from: (1) denying payment for services as not medically necessary or appropriate unless that determination is made solely by the treating professional; (2) using penalties or incentives for professionals regarding reducing or limiting the availability of tests, services, or treatment (imposes criminal penalties for the organization and its executives); (3) restricting medical communications between a patient and a medical professional; (4) discriminating against whistleblowers; and (5) taking certain adverse actions against medical professionals for advocating for an enrollee, filing a complaint against the organization, or other actions. (Sec. 7) Prohibits discrimination against enrollees and professionals on specified bases, including: (1) for enrollees, health status, genetic information, or anticipated need for services; and (2) for professionals, lack of affiliation with or admitting privileges at a hospital or on the basis of the professional's license or certification. (Sec. 8) Regulates: (1) information provided by a plan to enrollees and prospective enrollees; (2) enrollee grievance procedures; (3) organization response to enrollee requests and appeals of denial of coverage; and (4) provision by a managed care organization of due process for health care professionals. (Sec. 11) Requires a managed care organization to establish a quality improvement program. Imposes requirements on the organization's utilization review program. (Sec. 12) Prohibits a managed care organization's loss ratio from being less than 85 percent with respect to managed care plans it offers. Requires an organization to have procedures for: (1) allowing enrollees to participate in development of the organization's policies; and (2) addressing the needs of enrollees who are not proficient in English.
Bill· HRH.R. 1132 (106th)referred
United States · United States Congress · 16 March 1999
Mammogram Availability Act of 1999 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to require a group health plan, and a health insurance issuer offering group coverage, that provides coverage for diagnostic mammographies for any woman 40 years old or older to provide coverage for annual screening mammographies for such a woman. Prohibits related enrollment and renewal discrimination, monetary incentives to women, and penalties or incentives to providers. Amends the Public Health Service Act to apply those requirements and prohibitions to coverage offered by an issuer in the individual market.
Bill· HRH.R. 1115 (106th)referred
United States · United States Congress · 16 March 1999
Immunosuppressive Drug Coverage Extension Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act to eliminate the time limitation on Medicare benefits for immunosuppressive drugs.
Bill· HRH.R. 1134 (106th)referred
United States · United States Congress · 16 March 1999
Medicare Managed Care Notification Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act to: (1) prohibit a Medicare+Choice organization under Medicare part C (Medicare+Choice) from changing the terms of benefits in a manner adverse to an enrollee; and (2) require such an organization that intends to change its benefits from those previously offered to provide to enrollees 120-day advance notice in comparative form of the changes intended.
Bill· HRH.R. 1140 (106th)referred
United States · United States Congress · 16 March 1999
Provides authority to include the costs of Secretary of Health and Human Services recognized professional educational training programs for psychologists in payments to hospitals under Medicare (title XVIII of the Social Security Act).
Resolution· HRESH.Res. 118 (106th)passed
United States · United States Congress · 16 March 1999
Expresses the sense of the House of Representatives that: (1) no bilateral or multilateral assistance or benefit to any country should be conditioned upon that country's adoption of population programs or relinquishment of its sovereign right to implement the Programme of Action of the International Conference on Population and Development; (2) family planning service providers or referral agents should not implement or be subject to numerical targets of total number of births, family planning acceptors, or acceptors of a particular method of family planning (but allows the use of quantitative estimates or indicators for budgeting and planning purposes); (3) no family planning project should include payment of financial reward to any person in exchange for becoming a family planning acceptor or to program personnel for achieving a numerical target or quota of total number of births, number of family planning acceptors, or acceptors of a particular method of family planning; (4) no project should deny any right or benefit, including the right of access to participate in any program of general welfare or the right of access to health care, as a consequence of any person's decision not to accept family planning services; (5) every family project should provide family planning acceptors with comprehensible information on the health benefits and risks of the method chosen, and should ensure that experimental contraceptive drugs and devices and medical procedures are provided only in the context of a scientific study in which participants are advised of potential risks and benefits; and (6) the United States should reaffirm these principles in the special session of the United Nations General Assembly to be held between June 30 and July 2, 1999, and in all preparatory meetings for the special session.
Bill· SS. 609 (106th)referred
United States · United States Congress · 15 March 1999
Amends the Safe and Drug-Free Schools and Communities Act of 1994 to include prevention of the abuse of inhalants under such Act's programs.
Bill· SS. 617 (106th)referred
United States · United States Congress · 15 March 1999
Medicare Insulin Pump Coverage Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act to cover insulin infusion pumps as items of durable medical equipment.
Bill· HRH.R. 1109 (106th)referred
United States · United States Congress · 15 March 1999
Medicare Outpatient Prescription Drug Coverage Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to, among other things: (1) provide for coverage of certain outpatient prescription drugs; (2) outline payment rules, which include use of a standard claims form developed by the Secretary of Health and Human Services for use in requesting payment, and related requirements for drugs, including rules governing deductible amounts, providing for treatment of certain cost-based prepaid organizations under Medicare part C (Medicare+Choice), and prescribing an electronic claims system to be established by the Secretary; (3) establish an enforcement mechanism governing participating pharmacies dispensing covered outpatient prescription drugs, providing for civil money penalties in appropriate cases; (4) prohibit payment from being made under Medicare part B (Supplementary Medical Insurance) for any expense incurred for a covered outpatient drug dispensed in excess of a certain quantity, generally 30 days; and (5) direct the Director of the Congressional Office of Technology Assessment (sic) to provide for appointment of a Prescription Drug Payment Review Commission to report annually to Congress on drug payment determinations under this Act. Authorizes appropriations.
Bill· SS. 585 (106th)referred
United States · United States Congress · 11 March 1999
Reconstructive Surgery Act of 1999 - Amends the Public Health Service Act to require a group health plan and a health insurance issuer offering group health insurance coverage in connection with a plan providing surgical coverage to provide coverage for reconstructive surgery. Amends the Public Health Service Act to provide similar coverage for reconstructive surgery offered by a health insurance issuer in the individual market. Sets forth related provisions with respect to collective bargaining agreements.
Bill· SS. 592 (106th)referred
United States · United States Congress · 11 March 1999
Healthy Kids 2000 Act - Title I: Health Care Accessibility and Accountability for Mothers and Newborns - Subtitle A: Accessibility of Mothers and Newborns to Health Insurance - Mothers and Newborns Health Insurance Act of 1999 - Amends title XXI (Children's Health Insurance) of the Social Security Act (SSA) to authorize a State child health plan, under the State Children's Health Insurance Program, to provide for optional coverage of pregnancy-related assistance for targeted low-income, uninsured pregnant women. (Sec. 103) Makes a child born to a woman receiving such pregnancy-related assistance automatically eligible for child health assistance. (Sec. 104) Provides for the expanded availability of funding for administrative costs related to certain outreach and eligibility determinations under Medicaid and the Children's Health Insurance Program with regard to children and pregnant women. Directs the Secretary of Health and Human Services (HHS) to establish a procedure with regard to the participation of local and community-based public or nonprofit organizations in outreach and enrollment activities if States do not otherwise obligate the amounts made available for such activities. Subtitle B: Patient Rights With Respect to Care - Amends the Employee Retirement Income Security Act (ERISA) to require group health plans (other than fully insured plans) that provide coverage for gynecological or obstetric care and provide for designation of a participating primary care provider to: (1) allow a participant to designate a non-specialist without authorization or referral by the primary care provider; and (2) treat the ordering of other routine care related to obstetrical or gynecological care by the participating physician as the authorization of the primary care provider with respect to such care. Requires a group health plan that provides for a participant to designate a participating pediatric primary care provider for a child of such participant to: (1) permit the participant to designate a provider who specializes in pediatrics as the child's primary care provider; and (2) consider appropriate pediatric expertise in mandatorily assigning a participant to a pediatric primary care provider if a participant has not designated such a provider. Requires such plans, in the case of a covered child with a mental or physical condition, disability, or disease of sufficient seriousness to require diagnosis or treatment by a specialist, to provide for referral to a specialist who has extensive experience or training and is available and accessible to provide treatment, including referrals to nonparticipating providers in cases where the plan does not have an appropriate specialist. Provides that services pursuant to referrals to nonparticipating providers shall be provided at no additional cost beyond what the participant would pay to a participating provider. Directs such plans, with respect to the coverage of children, to make certain information regarding structures, processes, and outcomes regarding each offered health insurance product publicly available. (Sec. 112) Amends ERISA to require group health plans or health insurance issuers, in connection with the provisions of coverage, to establish, with respect to the coverage of children, a system to provide for the resolution of complaints and appeals regarding such coverage. Sets forth requirements for an independent external review process in connection with such coverage. (Sec. 113) Amends the Internal Revenue Code to incorporate ERISA requirements for patients' rights described by this Act. Title II: Payments to Children's Hospitals That Operate GME Programs - Pediatric Medical Education, Training, and Research Act of 1999 - Directs the Secretary of HHS to make payment as specified to each children's hospital for each hospital cost reporting period under Medicare (title XVIII of the SSA) beginning after FY 1999 and before FY 2004 for the direct and indirect expenses associated with operating approved medical residency training programs. Makes appropriations for such payments. Provides that such payments are in lieu of certain Medicare payments to hospitals for medical education, but shall not affect the amounts otherwise payable to such hospitals under a State Medicaid (SSA title XIX) plan. Title III: Pediatric Public Health Promotion - Subtitle A: National Center for Birth Defects Research and Prevention - Amends the Public Health Service Act to establish a National Center for Birth Defects Research and Prevention within the Centers for Disease Control and Prevention. Transfers to the Center all activities, budgets, and personnel of the National Center for Environmental Health that relate to birth defects, folic acid, cerebral palsy, mental retardation, child development, newborn screening, autism, fragile X syndrome, fetal alcohol syndrome, pediatric genetics, and disability prevention. Authorizes appropriations. Subtitle B: Pregnant Mothers and Infants Health Promotion - Pregnant Mothers and Infants Health Protection Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Centers for Disease Control and Prevention, to carry out programs to: (1) collect, analyze, and make available data on prenatal smoking and alcohol and illegal drug usage; (2) conduct applied epidemiological research on the prevention of prenatal and postnatal smoking and alcohol and illegal drug usage; (3) support, conduct, and evaluate the effectiveness of educational and cessation programs; and (4) provide information and education to the public on the prevention and implications of prenatal and postnatal smoking and alcohol and illegal drug usage. Authorizes grants to, and contracts with, public and nonprofit entities as well as technical assistance for carrying out this subtitle. Authorizes appropriations. Subtitle C: Safe Motherhood Monitoring and Prevention Research - Safe Motherhood Monitoring and Prevention Research Act - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Centers for Disease Control and Prevention, to: (1) establish a national monitoring and surveillance program to identify and promote the investigation of deaths and severe complications that occur during pregnancy; (2) expand the Pregnancy Risk Assessment Monitoring System to provide surveillance and collect data in each State; and (3) expand the Maternal and Child Health Epidemiology Program to provide technical support, financial assistance, or the time-limited assignment of senior epidemiologists to maternal and child health programs in each State. Authorizes appropriations. Permits the Secretary, acting through the Centers, to: (1) expand research relating to specified maternal health topics; and (2) carry out activities to promote safe motherhood. Authorizes appropriations. Subtitle D: Poison Control Center Enhancement - Poison Control Center Enhancement and Awareness Act - Directs the Secretary of HHS to provide coordination and assistance to regional poison control centers for the establishment of a nationwide toll-free phone number to be used to access such centers. Authorizes appropriations. (Sec. 335) Mandates a national media campaign to educate the public about poison prevention and the availability of local poison control resources and to conduct advertising campaigns concerning the nationwide toll-free number. Authorizes appropriations. (Sec. 336) Mandates grants for certified regional poison control centers to achieve financial stability and to prevent, and provide treatment recommendations for, poisoning. Mandates other grant uses. Sets forth center certification requirements. Authorizes appropriations. Title IV: Pediatric Research - Amends the Public Health Service Act to require the Secretary of Health and Human Services to establish a Pediatric Research Initiative within the Office of the Director of the National Institutes of Health. Authorizes appropriations. (Sec. 402) Directs the Secretary, acting through the National Institute of Child Health and Human Development, to provide support for extramural activities relating to the training and career development of pediatric researchers. Permits the Secretary to establish a pediatric research loan repayment program. Authorizes appropriations.
Bill· HRH.R. 1070 (106th)open
United States · United States Congress · 11 March 1999
Amends title XIX (Medicaid) of the Social Security Act to give States the option of making medical assistance for breast and cervical cancer-related treatment services available during a presumptive eligibility period to certain low-income women without creditable coverage who have already been screened for such cancers under the Centers for Disease Control and Prevention breast and cervical cancer early detection program and need treatment. Provides for an enhanced match with regard to such Medicaid treatment services.
Bill· HRH.R. 1103 (106th)open
United States · United States Congress · 11 March 1999
Amends title XVIII (Medicare) of the Social Security Act, as amended by the Balanced Budget Act of 1997, to: (1) remove from payments to Medicare+Choice organizations those amounts attributable to disproportionate share hospital (DSH) payments; and (2) direct the Secretary of Health and Human Services to make direct payments to a DSH for any individual who is enrolled under a risk-sharing contract with an eligible organization and entitled to benefits under Medicare part A (Hospital Insurance) or who is enrolled with a Medicare+Choice organization under Medicare part C (Medicare+Choice).
Bill· HRH.R. 1085 (106th)referred
United States · United States Congress · 11 March 1999
Healthy Kids 2000 Act - Title I: Health Care Accessibility and Accountability for Mothers and Newborns - Subtitle A: Accessibility of Mothers and Newborns to Health Insurance - Mothers and Newborns Health Insurance Act of 1999 - Amends title XXI (Children's Health Insurance) of the Social Security Act (SSA) to authorize a State child health plan, under the State Children's Health Insurance Program, to provide for optional coverage of pregnancy-related assistance for targeted low-income, uninsured pregnant women. (Sec. 103) Makes a child born to a woman receiving such pregnancy-related assistance automatically eligible for child health assistance. (Sec. 104) Provides for the expanded availability of funding for administrative costs related to certain outreach and eligibility determinations under Medicaid and the Children's Health Insurance Program with regard to children and pregnant women. Directs the Secretary of Health and Human Services (HHS) to establish a procedure with regard to the participation of local and community-based public or nonprofit organizations in outreach and enrollment activities if States do not otherwise obligate the amounts made available for such activities. Subtitle B: Patient Rights With Respect to Care - Amends the Employee Retirement Income Security Act (ERISA) to require group health plans (other than fully insured plans) that provide coverage for gynecological or obstetric care and provide for designation of a participating primary care provider to: (1) allow a participant to designate a non-specialist without authorization or referral by the primary care provider; and (2) treat the ordering of other routine care related to obstetrical or gynecological care by the participating physician as the authorization of the primary care provider with respect to such care. Requires a group health plan that provides for a participant to designate a participating pediatric primary care provider for a child of such participant to: (1) permit the participant to designate a provider who specializes in pediatrics as the child's primary care provider; and (2) consider appropriate pediatric expertise in mandatorily assigning a participant to a pediatric primary care provider if a participant has not designated such a provider. Requires such plans, in the case of a covered child with a mental or physical condition, disability, or disease of sufficient seriousness to require diagnosis or treatment by a specialist, to provide for referral to a specialist who has extensive experience or training and is available and accessible to provide treatment, including referrals to nonparticipating providers in cases where the plan does not have an appropriate specialist. Provides that services pursuant to referrals to nonparticipating providers shall be provided at no additional cost beyond what the participant would pay to a participating provider. Directs such plans, with respect to the coverage of children, to make certain information regarding structures, processes, and outcomes regarding each offered health insurance product publicly available. (Sec. 112) Amends ERISA to require group health plans or health insurance issuers, in connection with the provisions of coverage, to establish, with respect to the coverage of children, a system to provide for the resolution of complaints and appeals regarding such coverage. Sets forth requirements for an independent external review process in connection with such coverage. (Sec. 113) Amends the Internal Revenue Code to incorporate ERISA requirements for patients' rights described by this Act. Title II: Payments to Children's Hospitals That Operate GME Programs - Pediatric Medical Education, Training, and Research Act of 1999 - Directs the Secretary of HHS to make payment as specified to each children's hospital for each hospital cost reporting period under Medicare (title XVIII of the SSA) for FY 2000 and 2001 beginning after FY 1999 and before FY 2004 for the direct and indirect expenses associated with operating approved medical residency training programs. Makes appropriations for such payments. Provides that such payments are in lieu of certain Medicare payments to hospitals for medical education, but shall not affect the amounts otherwise payable to such hospitals under a State Medicaid (SSA title XIX) plan. Title III: Pediatric Public Health Promotion - Subtitle A: National Center for Birth Defects Research and Prevention - Amends the Public Health Service Act to establish a National Center for Birth Defects Research and Prevention within the Centers for Disease Control and Prevention. Transfers to the Center all activities, budgets, and personnel of the National Center for Environmental Health that relate to birth defects, folic acid, cerebral palsy, mental retardation, child development, newborn screening, autism, fragile X syndrome, fetal alcohol syndrome, pediatric genetics, and disability prevention. Authorizes appropriations. Subtitle B: Pregnant Mothers and Infants Health Promotion - Pregnant Mothers and Infants Health Protection Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Centers for Disease Control and Prevention, to carry out programs to: (1) collect, analyze, and make available data on prenatal smoking and alcohol and illegal drug usage; (2) conduct applied epidemiological research on the prevention of prenatal and postnatal smoking and alcohol and illegal drug usage; (3) support, conduct, and evaluate the effectiveness of educational and cessation programs; and (4) provide information and education to the public on the prevention and implications of prenatal and postnatal smoking and alcohol and illegal drug usage. Authorizes grants to, and contracts with, public and nonprofit entities as well as technical assistance for carrying out this subtitle. Authorizes appropriations. Subtitle C: Safe Motherhood Monitoring and Prevention Research - Safe Motherhood Monitoring and Prevention Research Act - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Centers for Disease Control and Prevention, to: (1) establish a national monitoring and surveillance program to identify and promote the investigation of deaths and severe complications that occur during pregnancy; (2) expand the Pregnancy Risk Assessment Monitoring System to provide surveillance and collect data in each State; and (3) expand the Maternal and Child Health Epidemiology Program to provide technical support, financial assistance, or the time-limited assignment of senior epidemiologists to maternal and child health programs in each State. Authorizes appropriations. Permits the Secretary, acting through the Centers, to: (1) expand research relating to specified maternal health topics; and (2) carry out activities to promote safe motherhood. Authorizes appropriations. Subtitle D: Poison Control Center Enhancement - Poison Control Center Enhancement and Awareness Act - Directs the Secretary of HHS to provide coordination and assistance to regional poison control centers for the establishment of a nationwide toll-free phone number to be used to access such centers. Authorizes appropriations. (Sec. 335) Mandates a national media campaign to educate the public about poison prevention and the availability of local poison control resources and to conduct advertising campaigns concerning the nationwide toll-free number. Authorizes appropriations. (Sec. 336) Mandates grants for certified regional poison control centers to achieve financial stability and to prevent, and provide treatment recommendations for, poisoning. Mandates other grant uses. Sets forth center certification requirements. Authorizes appropriations. Title IV: Pediatric Research Center - Amends the Public Health Service Act to require the Secretary of Health and Human Services to establish a Pediatric Research Initiative within the Office of the Director of the National Institutes of Health. Authorizes appropriations. (Sec. 402) Directs the Secretary, acting through the National Institute of Child Health and Human Development, to provide support for extramural activities relating to the training and career development of pediatric researchers. Permits the Secretary to establish a pediatric research loan repayment program. Authorizes appropriations.
Bill· HRH.R. 1091 (106th)referred
United States · United States Congress · 11 March 1999
TABLE OF CONTENTS: Title I: Expanded Availability of Health Care Services Title II: Ticket to Work and Self-Sufficiency Program Title III: Technical Amendments Ticket to Work and Self-Sufficiency Act of 1999 - Title I: Expanded Availability of Health Care Services - Amends title XIX (Medicaid) of the Social Security Act (SSA) to provide for expanding State options under Medicaid for workers with disabilities, namely by creating State options to eliminate income, assets, and resource limitations for workers with disabilities who buy into Medicaid and to expand opportunities for such workers to make such a buy. Provides that Federal funds paid to a State for medical assistance provided to certain working disabled individuals must be used to supplement but not supplant the level of State funds expended as of FY 1999 for programs to enable working disabled individuals to work. (Sec. 102) Extends Medicare (SSA title XVIII) coverage for OASDI (SSA title II) disability benefit recipients who are using tickets to work and self-sufficiency (TWSS). (Sec. 103) Directs the Secretary of Health and Human Services to: (1) award grants to eligible States to support establishment of State infrastructures to support the working disabled as well as to enable State outreach campaigns on infrastructure existence; and (2) submit a recommendation to specified congressional committees on whether such grant program should be continued after FY 2010. Authorizes and makes appropriations. (Sec. 104) Authorizes State demonstration projects under which Medicaid coverage equal to that afforded under the State option provided for above for eliminating income, assets, and resource limitations for disabled workers buying into Medicaid is provided for up to a specified maximum number of workers with a potentially severe disability. Authorizes and makes appropriations. Title II: Ticket to Work and Self-Sufficiency Program - Amends part A (General Provisions) of SSA title XI to direct the Commissioner of Social Security to establish a Ticket to Work and Self-Sufficiency Program (TWSSP) under which a disabled beneficiary may use a TWSS issued by the Commissioner under a described system, designed to ensure quality assurance, to obtain employment, vocational rehabilitation, or other support services, pursuant to an appropriate individual work plan meeting specified requirements, at the Commissioner's expense, from a participating employment network, public or private, which: (1) meets specified qualifications and is under an agreement with the Commissioner who must select a program manager to assist in administering TWSSP; (2) is chosen by the beneficiary, and (3) is willing to accept assignment of the beneficiary's TWSS. Allows State agencies administering or supervising the administration of the State plan under title I of the Rehabilitation Act of 1973 to elect to participate as an employment network. Sets forth special requirements applicable to cross-referral to certain State agencies and requirements relating to provision of services. Describes employment network payment systems. Provides that during any period for which an individual is using a TWSS, the Commissioner and any applicable State agency may not initiate a continuing disability or similar review with regard to whether the individual is or is not disabled. Authorizes to be transferred from the social security trust funds each fiscal year such sums as may be necessary to carry out this title with respect to SSA title II disability beneficiaries. Directs the Commissioner to establish a corps of trained, accessible, and responsive work incentive specialists to specialize in SSA title II and title XVI disability work incentives for the purpose of disseminating accurate information to disabled beneficiaries with respect to inquiries and issues relating to work incentives. (Sec. 204) Establishes within the executive branch the Ticket to Work and Self-Sufficiency Advisory Panel to advise the Commissioner with respect to TWSSP, and furnish progress on TWSSP to the President and Congress. Authorizes appropriations. (Sec. 205) Directs the Commissioner to conduct certain demonstration projects designed to provide for specified reductions in disability insurance benefits based on earnings. Requires expenditures for such demonstration projects to come out of the social security and Medicare trust funds to the extent provided in advance in appropriation acts. Directs the Comptroller General to conduct and report to Congress on various described studies concerning existing disability-related employment incentives and coordination of the OASDI disability insurance program and the SSI program as they relate to individuals entering or leaving concurrent entitlement under such programs. Title III: Technical Amendments - Amends the Contract with America Advancement Act of 1996 with respect to: (1) final adjudication of denied claims by drug addicts and alcoholics for SSA title II disability benefits; and (2) the effective dates of certain requirements concerning representative payees and treatment referrals for drug addicts and alcoholics. (Sec. 302) Amends SSA title II to: (1) provide for payments to State and local prisons for monthly reports on the identities of inmates whose OASDI benefits are determined by the Commissioner not to be payable as a result of such reports; (2) provide for a 50 percent reduction in such payments under SSA titles II and XVI in cases involving a comparable payment under the other title with respect to the same prisoner; (3) exempt from the Privacy Act of 1974 any agreements with State and local prisons to supply such information; (4) transfer from the social security trust funds any sums necessary to enable the Commissioner to make such payments; (5) eliminate the requirement that confinement stem only from a crime punishable by imprisonment for more than one year (thus denying OASDI benefits to individuals confined for any criminal offense); and (6) provide for continued denial of benefits to sex offenders remaining confined to public institutions upon completion of prison term. (Sec. 303) Provides for a two-year open season for members of the clergy who wish to revoke their exemption from social security coverage . (Sec. 304) Amends SSA title XI to make a miscellaneous technical amendment relating to cooperative research or demonstration projects under SSA titles II and XVI. (Sec. 305) Amends SSA title XI to make miscellaneous technical amendments to provisions concerning the requirements of State income and eligibility verification systems to, among other changes, allow a State to permit certain employers that make returns with respect to domestic service employment taxes on a calendar year basis to instead make such reports on an annual basis.
Bill· HRH.R. 1090 (106th)referred
United States · United States Congress · 11 March 1999
Medicare Full Access to Cancer Treatment Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act to exclude cancer treatment services from the prospective payment system for hospital outpatient department services under the Medicare program.
Bill· HRH.R. 1088 (106th)referred
United States · United States Congress · 11 March 1999
Medicare+Choice Payment Fairness Act of 1999 - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act to: (1) eliminate the budget neutrality adjustment factor used in calculating the blended capitation rate for payment of Medicare+Choice organizations; and (2) modify the area-specific and national percentages involved in such calculation to accelerate the transition to the 50-50 blend currently slated for 2003 to 2000.
Bill· HRH.R. 1101 (106th)referred
United States · United States Congress · 11 March 1999
Amends the Endangered Species Act of 1973 to exempt from provisions requiring consultation and conferencing with the Secretary of the Interior any agency action that consists of: (1) reconstruction or repair of a Federal or non-Federal levee to address a critical, imminent threat to public health or safety or to address a catastrophic natural event; or (2) maintaining the structural integrity of such a levee. Provides that any activity by a Federal or non-Federal person that consists of such an action is not a taking of a species for purposes of the Act.
Bill· SS. 573 (106th)open
United States · United States Congress · 10 March 1999
Medical Information Privacy and Security Act - Title I: Individuals' Rights - Subtitle A: Access to Protected Health Information by Subjects of the Information - Requires specified parties to permit an individual who is the subject of protected health information to inspect and copy the information. (The list of specified parties varies throughout this Act and includes such individuals and entities as health care providers, health plans, health oversight agencies, public health authorities, employers, health researchers, law enforcement officials, health or life insurers, schools, universities, emergency medical personnel, and their agents.) Sets forth provisions concerning: (1) supplements to protected information; and (2) the provision of notice of privacy practices. Subtitle B: Establishment of Safeguards - Requires specified parties to establish safeguards to ensure the confidentiality, security, accuracy, and integrity of protected health information. Mandates development of model safeguard guidelines. Requires specified parties to establish a record of disclosures not related to payment or treatment. Title II: Restrictions on Use and Disclosure - Prohibits specified parties from disclosing protected health information, except as authorized under this title. Allows disclosure if authorized by the information subject. Mandates model written authorizations and model limitations. Provides for segregation of files on request, authorization revocation, and records of authorizations and revocations. (Sec. 203) Sets forth rules governing authorizations for disclosure of protected information for purposes other than for treatment or payment. Mandates model authorizations. (Sec. 204) Allows any person to disclose protected health information: (1) in order to allay or remedy a threat of imminent physical or mental harm to an information subject; and (2) if there is an identifiable threat of serious injury or death to an identifiable individual or group and other requirements are met. (Sec. 205) Authorizes disclosure to: (1) a public health authority; (2) certain protection and advocacy agencies if an individual is vulnerable to abuse or neglect by an agency providing health or social services; (3) a health oversight agency, under specified circumstances; and (4) on court order, a law enforcement authority. (Sec. 209) Regulates disclosure: (1) to next of kin; and (2) in directories of individuals admitted to a facility. (Sec. 210) Applies the requirements and protections of specified parts of the Code of Federal Regulations to research conducted by all research facilities using personally identifiable health information. Directs the Secretary of Health and Human Services to report to the Congress whether written informed consent should be required and, if so, under what circumstances, before personally identifiable data can be used for medical research. (Sec. 211) Allows specified parties to disclose for certain judicial and administrative purposes. (Sec. 212) Sets forth a sequence regulating who may exercise an individual's rights under this Act when the individual cannot knowingly or effectively do so, designating first a person named in a health care power of attorney, then an individual authorized by law or by an instrument recognized under law to act as the individual's representative, then next of kin, and last the health care provider, in each case moving to the next level if the person cannot be contacted after a reasonable effort. Sets forth provisions concerning: (1) the rights of minors; and (2) deceased individuals. (Sec. 213) Prohibits retaliation for the exercise of rights under this Act or disclosure of information regarding a possible violation of this Act. Title III: Office of Health Information Privacy of the Department of Health and Human Services - Subtitle A: Designation - Establishes the Office of Health Information Privacy, including in its duties receiving and investigating violation complaints and providing for the conduct of audits. Subtitle B: Enforcement - Chapter 1: Criminal Provisions - Amends the Federal criminal code to impose criminal penalties for knowingly and intentionally obtaining or disclosing protected health information in violation of title II of this Act. (Sec. 312) Mandates regulations and procedures to permit the debarment of specified parties from receiving benefits under any Federal health programs if the managers or officers are found guilty of such obtaining or disclosing. Authorizes the Attorney General to provide advice, technical assistance, and guidance to reduce improper disclosure. Chapter 2: Civil Sanctions - Imposes civil monetary penalties on specified parties if the Office determines a party has substantially and materially failed to comply with this Act. (Sec. 323) Allows any individual whose rights under this Act have been knowingly or negligently violated to bring a civil action to recover preliminary and equitable relief, compensatory (or specified liquidated) damages, punitive damages (for knowing violations), and attorney's fees. Sets a time limit for the commencement of actions. Title IV: Miscellaneous - Amends the Privacy Act of 1974 to require an agency that receives protected health information to promulgate rules to exempt a system of records within the agency from all but specified provisions of that Act.
Law· SS. 580 (106th)enacted
United States · United States Congress · 10 March 1999
Healthcare Research and Quality Act of 1999 - Amends the Public Health Service Act to establish within the Public Health Service (PHS) an Agency for Healthcare Research and Quality to replace the current Agency for Health Care Policy and Research. Directs the Agency to identify and disseminate methods or systems used to assess healthcare research results, particularly to rate the strength of the scientific evidence behind healthcare practice and technology recommendations in the research. Requires the Agency to employ research strategies and mechanisms that will link research directly with clinical practice in geographically diverse locations throughout the United States, including: (1) Healthcare Improvement Research Centers that combine demonstrated multidisciplinary expertise in outcomes or quality improvement research with linkages to relevant sites of care; (2) Provider-based Research Networks, including plan, facility, or delivery system sites of care (especially primary care), that can evaluate and promote quality improvement; and (3) other innovative mechanisms or strategies. Directs the Agency to: (1) award grants to enable eligible entities at geographically diverse locations throughout the United States to carry out research training programs dedicated to health services research training at the doctoral, post-doctoral, and junior faculty levels; and (2) provide specified scientific and technical support for private and public efforts to improve healthcare quality, including accrediting organizations. Directs the Secretary of Health and Human Services, acting through the Agency Director, to establish a program of grants for one or more centers to conduct: (1) state-of-the-art clinical research on drugs, biological products, and devices; (2) research on the comparative effectiveness, cost-effectiveness, and safety of drugs, biological products, and devices; and (3) other appropriate activities (excluding the review of new drugs). Requires the Agency Director to: (1) collect certain data on the cost and quality of healthcare; (2) support research on and initiatives to advance the use of information systems for the study of healthcare quality; and (3) provide ongoing administrative, research, and technical support for the Preventive Services Task Force, which shall review scientific evidence on the effectiveness, appropriateness, and cost-effectiveness of clinical preventive services regarding their usefulness in daily clinical practice. Establishes within the Agency a Center for Primary Care Research to serve as the principal funding source for Department of Health and Human Services primary care delivery research and demonstrations with respect to the first contact when illness or health concerns arise, the diagnosis, treatment or referral to specialty care, preventive care, and the relationship between the clinician and the patient in the context of the family and community. Requires the Agency Director by specified activities to promote innovation in evidence-based clinical practice and healthcare technologies. Requires the Secretary, acting through the Director, to coordinate all research, evaluations, and demonstrations related to health services research and quality measurement and improvement activities undertaken and supported by the Federal Government. Establishes an Advisory Council for Healthcare Research and Quality to replace the current Advisory Council for Health Care Policy, Research, and Evaluation. Requires the Agency Director to establish technical and scientific peer review groups to review each application for a grant, cooperative agreement, or contract under this title. Repeals the mandates for: (1) a demonstration program regarding centers for education and research on therapeutics; and (2) the Office of the Forum for Quality and Effectiveness in Health Care. Authorizes appropriations.
Bill· SS. 578 (106th)open
United States · United States Congress · 10 March 1999
TABLE OF CONTENTS: Title I: Individual's Rights Subtitle A: Review of Protected Health Information by Subjects of the Information Subtitle B: Establishment of Safeguards Title II: Restrictions on Use and Disclosure Title III: Sanctions Subtitle A: Criminal Provisions Subtitle B: Civil Sanctions Title IV: Miscellaneous Health Care Personal Information Nondisclosure Act of 1999 - Health Care PIN Act - Title I: Individual's Rights - Subtitle A: Review of Protected Health Information by Subjects of the Information - Requires specified parties to permit an individual who is the subject of protected health information to inspect, copy, and request amendment of the information (or, if amendment is refused, to append the individual's disagreement statement). (The list of specified parties varies from provision to provision throughout this Act. The list includes, in various provisions, such individuals and entities as health care providers, health plans, health researchers, health oversight agencies, public health authorities, employers, law enforcement officials, health or life insurers, schools, universities, and their agents.) Requires specified parties to post or provide notice of confidentiality practices. Mandates development of model notices. Subtitle B: Establishment of Safeguards - Requires specified parties to maintain safeguards to ensure the confidentiality, security, accuracy, and integrity of protected health information. Requires specified parties to maintain a disclosure record. Title II: Restrictions on Use and Disclosure - Prohibits specified parties from disclosing protected health information except as authorized under this title. Allows disclosure within such a party. (Sec. 202) Requires: (1) a single authorization form for each individual for disclosure in connection with treatment, payment, and health care operations; and (2) a separate authorization for other purposes, including for disclosure with intent to sell, transfer, or use protected health information for commercial advantage. States that records of an individual's authorizations and revocations shall not be protected health information under this Act. Mandates disclosure to coroners and medical examiners. Requires development of model authorizations for circumstances other than treatment, payment and health care operations. (Sec. 204) Allows and regulates disclosure: (1) to next of kin (or another person identified by the information subject); (2) of directory information; (3) regarding a deceased individual; (4) in emergencies; (5) for oversight, public health, or health research; (6) in civil, judicial, and administrative procedures; and (7) for law enforcement. Sets forth the rights of minors. (Sec. 211) Mandates reporting, by code number rather than patient name, of adverse experiences regarding human drugs and licensed biological products. (Sec. 212) Allows disclosure, if an individual pays for health care using a debit or credit card or other electronic means, of only such information as is necessary for the processing of the payment transaction or the billing or collection of amounts. (Sec. 213) Mandates standards for disclosing, authorizing, and authenticating protected health information in electronic form. (Sec. 214) Regulates the exercise of an information subject's rights by that individual's representatives, including after death. (Sec. 215) Declares that: (1) Federal and State law enforcement officers shall not be personally liable for violations of this Act absent intentional conduct for commercial advantage, personal gain, or malicious harm; and (2) specified parties who make a disclosure permitted by this Act shall not be liable under common law. Title III: Sanctions - Subtitle A: Criminal Provisions - Amends the Federal criminal code to impose criminal penalties for knowingly and intentionally obtaining, using, or disclosing protected health information in violation of title II of this Act. Mandates regulations and procedures to permit the debarment of specified parties from receiving benefits under any Federal health programs if the managers or officers of such parties are found guilty of criminal acts under this Act, have civil penalties imposed under subtitle B, or make false statements or obstruct justice regarding illegal disclosure. Authorizes the Attorney General to provide advice, technical assistance, and guidance to reduce improper disclosure. Subtitle B: Civil Sanctions - Imposes civil monetary penalties on specified parties if the Secretary of Health and Human Services determines a party has substantially and materially failed to comply with this Act. (Sec. 314) Allows any individual whose rights under this Act have been knowingly or negligently violated to bring a civil action to recover preliminary and equitable relief, compensatory (or specified liquidated) damages, punitive damages (for knowing violations), and attorney's fees. Sets a time limit for the commencement of actions. Title IV: Miscellaneous - Preempts, with exceptions, any State law enacted after the effective date of this Act relating to the privacy of protected health information. Amends the Privacy Act of 1974 to require an agency that receives protected health information to promulgate rules to exempt a system of records within the agency from all but specified provisions of that Act. Provides for the application of this Act to the Departments of Defense, Transportation (regarding the Coast Guard), and Veterans Affairs.
Bill· SS. 584 (106th)referred
United States · United States Congress · 10 March 1999
Children's Smoking Prevention, Health, and Learning Trust Fund Act of 1999 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to prohibit as the treatment of an overpayment for Medicaid-related purposes any amount recovered or paid to a State as part of a settlement or judgment reached in litigation initiated or pursued by a State against one or more manufacturers of tobacco products (recovered amounts), if the Secretary of Health and Human Services (HHS) finds that specified conditions will be met, including that the State has filed an HHS-approved plan with the Secretary that outlines specified expenditure guidelines requiring, among other things, that at least 35 percent of the Federal share (50 percent of any recovered amounts for a fiscal year) be spent on certain tobacco use prevention programs such as smoking cessation programs and other anti-smoking State-initiated programs to assist smokers with smoking- induced disease, with the remainder of the Federal share to be spent on various specified health care and early learning programs, including the Children's Health Insurance program (SSA title XXI). Establishes an exception for tobacco-growing States with regard to expenditure of the remainder of the Federal share to allow them to use up to a specified percentage of such remainder for assistance programs for tobacco farmers and workers adversely impacted directly because of such settlement or judgment. Provides that: (1) if the Secretary determines that recovered amounts are not being spent accordingly the Secretary shall take appropriate action to offset such amounts from the amounts otherwise paid to the State under Medicaid; and (2) payment for administrative expenses incurred in pursuing tobacco litigation is prohibited. Makes this Act effective with regard to amounts recovered or paid to a State before, on, or after the enactment of this Act.
Bill· HRH.R. 1057 (106th)referred
United States · United States Congress · 10 March 1999
TABLE OF CONTENTS: Title I: Individuals' Rights Subtitle A: Access to Protected Health Information by Subjects of the Information Subtitle B: Establishment of Safeguards Title II: Restrictions on Use and Disclosure Title III: Office of Health Information Privacy of the Department of Health and Human Services Subtitle A: Designation Subtitle B: Enforcement Title IV: Miscellaneous Medical Information Privacy and Security Act - Title I: Individuals' Rights - Subtitle A: Access to Protected Health Information by Subjects of the Information - Requires specified parties to permit an individual who is the subject of protected health information to inspect and copy the information. (The list of specified parties varies throughout this Act and includes such individuals and entities as health care providers, health plans, health oversight agencies, public health authorities, employers, health researchers, law enforcement officials, health or life insurers, schools, universities, emergency medical personnel, and their agents.) Sets forth provisions concerning: (1) supplements to protected information; and (2) the provision of notice of privacy practices. Subtitle B: Establishment of Safeguards - Requires specified parties to establish safeguards to ensure the confidentiality, security, accuracy, and integrity of protected health information. Mandates development of model safeguard guidelines. Requires specified parties to establish a record of disclosures not related to payment or treatment. Title II: Restrictions on Use and Disclosure - Prohibits specified parties from disclosing protected health information, except as authorized under this title. Allows disclosure if authorized by the information subject. Mandates model written authorizations and model limitations. Provides for segregation of files on request, authorization revocation, and records of authorizations and revocations. (Sec. 203) Sets forth rules governing authorizations for disclosure of protected information for purposes other than for treatment or payment. Mandates model authorizations. (Sec. 204) Allows any person to disclose protected health information: (1) in order to allay or remedy a threat of imminent physical or mental harm to an information subject; and (2) if there is an identifiable threat of serious injury or death to an identifiable individual or group and other requirements are met. (Sec. 205) Authorizes disclosure to: (1) a public health authority; (2) certain protection and advocacy agencies if an individual is vulnerable to abuse or neglect by an agency providing health or social services; (3) a health oversight agency, under specified circumstances; and (4) on court order, a law enforcement authority. (Sec. 209) Regulates disclosure: (1) to next of kin; and (2) in directories of individuals admitted to a facility. (Sec. 210) Applies the requirements and protections of specified parts of the Code of Federal Regulations to research conducted by all research facilities using personally identifiable health information. Directs the Secretary of Health and Human Services to report to the Congress whether written informed consent should be required and, if so, under what circumstances, before personally identifiable data can be used for medical research. (Sec. 211) Allows specified parties to disclose for certain judicial and administrative purposes. (Sec. 212) Sets forth a sequence regulating who may exercise an individual's rights under this Act when the individual cannot knowingly or effectively do so, designating first a person named in a health care power of attorney, then an individual authorized by law or by an instrument recognized under law to act as the individual's representative, then next of kin, and last the health care provider, in each case moving to the next level if the person cannot be contacted after a reasonable effort. Sets forth provisions concerning: (1) the rights of minors; and (2) deceased individuals. (Sec. 213) Prohibits retaliation for the exercise of rights under this Act or disclosure of information regarding a possible violation of this Act. Title III: Office of Health Information Privacy of the Department of Health and Human Services - Subtitle A: Designation - Establishes the Office of Health Information Privacy, including in its duties receiving and investigating violation complaints and providing for the conduct of audits. Subtitle B: Enforcement - Chapter 1: Criminal Provisions - Amends the Federal criminal code to impose criminal penalties for knowingly and intentionally obtaining or disclosing protected health information in violation of title II of this Act. (Sec. 312) Mandates regulations and procedures to permit the debarment of specified parties from receiving benefits under any Federal health programs if the managers or officers are found guilty of such obtaining or disclosing. Authorizes the Attorney General to provide advice, technical assistance, and guidance to reduce improper disclosure. Chapter 2: Civil Sanctions - Imposes civil monetary penalties on specified parties if the Office determines a party has substantially and materially failed to comply with this Act. (Sec. 323) Allows any individual whose rights under this Act have been knowingly or negligently violated to bring a civil action to recover preliminary and equitable relief, compensatory (or specified liquidated) damages, punitive damages (for knowing violations), and attorney's fees. Sets a time limit for the commencement of actions. Title IV: Miscellaneous - Amends the Privacy Act of 1974 to require an agency that receives protected health information to promulgate rules to exempt a system of records within the agency from all but specified provisions of that Act.
Bill· HRH.R. 1067 (106th)referred
United States · United States Congress · 10 March 1999
TABLE OF CONTENTS: Title I: Enrollment of Retirees in Tricare Prime and Medicare Reimbursement Title II: FEHBP Option for Retirees Uniformed Services Retiree and Dependents Health Care Availability Act - Title I: Enrollment of Retirees in TRICARE Prime and Medicare Reimbursement - States that the Secretary of Defense (Secretary) may not prohibit the enrollment of Medicare-eligible military retirees in the managed care option of the TRICARE program (a Department of Defense (DOD) managed health care program) solely on account of age or entitlement to hospital insurance benefits under Medicare part A. (Sec. 103) Requires the Secretary and the Secretary of Health and Human Services (HHS Secretary) to jointly establish a program (subvention program) that, beginning October 1, 2000, provides DOD with reimbursement from the Medicare program for health care services provided to Medicare-eligible retirees through the TRICARE program. Allows such reimbursement only if such retirees are also enrolled in the supplementary medical insurance program under Medicare part B. Requires program enrollment to be voluntary. Authorizes the Secretary to: (1) waive enrollment fees; (2) modify existing TRICARE program contracts to incorporate enrollment provisions; and (3) establish cost-sharing requirements for enrollees. (Sec. 104) Provides for the determination of DOD reimbursement amounts, requiring the HHS Secretary to make such payments from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Insurance Trust Fund. (Sec. 105) Requires the Secretary to maintain current DOD health-care efforts for Medicare-eligible retirees in order to avoid imposing added costs to the Medicare program. Requires specified estimates of prior efforts and future targets with respect to DOD health care provided under the subvention program. Directs the Comptroller General to determine and report to the two Secretaries and Congress annually on the extent, if any, to which costs of the Secretary under the TRICARE program and the HHS Secretary under the Medicare program have increased as a result of the subvention program. Requires the Secretaries to take necessary action to offset any added costs. (Sec. 106) Requires the Secretary to reimburse subvention program participants for any late enrollment penalties imposed under the Medicare program. (Sec. 107) Provides that, in the case of a Medicare-eligible retiree who seeks to enroll in a Medicare supplemental policy, the issuer of such policy may not: (1) deny the issuance or effectiveness of such policy; or (2) discriminate in the policy's price. Makes eligible for both the subvention program and the Medicare supplemental program a Medicare-eligible retiree who: (1) is at least 65 years old and was eligible to enroll in Medicare part B; and (2) did not enroll in the Medicare program during his or her initial enrollment period. Title II: FEHBP Option for Retirees - Revises provisions concerning a demonstration project which includes certain covered military retirees and their beneficiaries within the Federal Employee Health Benefits program (FEHBP) to: (1) make such program permanent (currently terminates December 31, 2002); (2) remove certain reporting requirements; and (3) remove provisions concerning the application of Medigap protections to demonstration project enrollees. (Sec. 202) Requires the health and dental care benefits provided under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) and TRICARE Standard to be the same as those provided for the highest level of benefits under the service benefit plan of the FEHBP.
Bill· HRH.R. 1068 (106th)referred
United States · United States Congress · 10 March 1999
Medical Audiology Act of 1999 - Amends title XIX (Medicaid) of the Social Security Act to add a definition for the term "audiologist" for purposes of the Medicaid program.
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