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701 records in US in 1973
United States · United States Congress · 3 January 1973
Allows an income tax deduction under the Internal Revenue Code for expenditures while away from home for food and lodging primarily for medical care. (Amends 26 U.S.C. 213)
United States · United States Congress · 3 January 1973
Provides an incentive for physicians, dentists, and optometrists, to practice in areas where shortages of such personnel exist. Authorizes the Secretary of Health, Education, and Welfare, under the Public Health Service Act, to pay in full the principal and interest on any outstanding educational loan incurred by any physician, dentist, or optometrist during his professional- level training who practices in an area where shortages of such personnel exist. States that as need is established, the Secretary may add new categories of medical personnel to those incorporated in this Act. Provides that this Act applies to loans from both public and private sources.
United States · United States Congress · 3 January 1973
Makes the following appropriations to carry out the lead-based paint poisoning prevention, treatment and research programs for the fiscal year 1973 and 1974: (1) for fiscal year 1973, $10,000,000; (2) for fiscal year 1974, $20,000,000.
United States · United States Congress · 3 January 1973
Prohibits any practictioner registered under the Controlled Substances Act from dispensing in any drug maintenance program.
United States · United States Congress · 3 January 1973
Allows a tax deduction under the Internal Revenue Code from gross income for donations of blood to nonprofit blood banks and other nonprofit organizations. Limits such deduction to $25 for each pint of blood donated. (Amends 26 U.S.C. 170)
United States · United States Congress · 3 January 1973
Bill of Rights for the Mentally Retarded - States that the purpose of this Act is to establish standards which assure the humane care, treatment, habilitation, and protection of the mentally retarded in residential facilities, and to improve the system for the provision of services to the mentally retarded through the encouragement of and support for the planning and development of strategies to implement such standards, minimize inappropriate admissions to residential facilities and stimulate the development of regional and community programs integrating such residential facilities which conform to such standards. Provides for a new title to the Public Health Service Act: Title XI: Support of Residential Facilities for the Mentally Retarded - Authorizes the Secretary of Health, Education, and Welfare to make grants to States to aid them with the cost of bringing existing residential facilities into compliance with the standards established under this Act, and to improve existing residential facilities for the mentally retarded. Authorizes to be appropriated $30,000,000 ($15,000,000 for each program) for fiscal year 1973, and for each of the next two succeeding fiscal years, for such grants. Authorizes to be appropriated such sums as may be necessary to enable the Secretary to make grants to States for the purpose of assisting States in meeting the expenses for bringing publicly operated facilities and publicly assisted facilities into conformity with the standards established by this Act. Stipulates that any State desiring to receive such a grant shall submit a plan to the Secretary setting forth a schedule for compliance with such standards. Provides that the total of the grants with respect to any such project bringing facilities into conformity with the standards imposed by this Act may not exceed 75 percent of the necessary cost thereof as determined by the Secretary. Requires, within five years after the date of enactment of this Act, that no residential facility for the mentally retarded shall be eligible to receive payments either directly or indirectly under any Federal law, unless such facility meets the standards promulgated under this Act. Authorizes the Secretary to make grants to any public or private non-profit agency, organization or institution to meet the costs of development, improvement, extension, or expansion of community resources and community living situations for the mentally retarded other than live-in-residential facilities for the mentally retarded. Establishes a National Advisory Council on Standards for Residential Facilities for the Mentally Retarded to: (1) advise the Secretary with respect to any regulations promulgated or proposed in the implementation of the standards established under this Act; (2) study and evaluate such standards authorized by this Act; and (3) recommend to the Secretary any changes, revisions, modifications, or improvements in the standards established under this Act. Provides that the ultimate aim of the residential facility shall be to foster those behaviors that maximize the human qualities of the resident, increase the complexity of his behavior, and enhance his ability to cope with his environment. Requires such facilities to be located within, and conveniently accessible to, the population served, so as to have access to necessary generic community services. Provides that the facility and the surrounding community should be encouraged to share their services and resources on a reciprocal basis. Provides that residents of the facility should be integrated to the greatest possible extent with the general population. Provides that the facility shall have a written outline of the philosophy, objectives, and goals it is striving to achieve. Requires such outline to be available for distribution to staff, consumer representatives, and the interested public. Provides that the governing body of the facility shall exercise general direction and shall establish policies concerning the operation of the individuals served. Provides that the administration of the facility shall provide for effective staff and resident participation and communication. Requires the facility to designate a percentage of its operating budget for self-renewal purposes. Provides that the facility shall have a description of services for residents that is available to the public. Provides that the facility shall provide for meaningful and extensive consumer-representative and public participation. Provides that a public education and information program should be established that utilizes all communication media, and all service, religious and civil groups, to develop attitudes of understanding and acceptance of mentally retarded persons in all aspects of community living. Provides that admission and release procedures shall: (1) encourage voluntary admission; (2) give equal priority to persons of comparable need; (3) facilitate emergency, partial, and short-term residential care; and (4) utilize the maximum feasible amount of voluntariness in each individual case. Authorizes the residential facility to admit only residents who have had a comprehensive evaluation. Provides that all admissions to the residential facility shall be considered temporary. Provides that there shall be a regular, at least annual, joint review of the status of each resident by all relevant personnel. Provides that at the time of permanent release or transfer there shall be recorded a summary of findings, progress, and plans for protective supervision and other followup services in the resident's new environment. Provides that the performance of each employee of the facility shall be evaluated at least annually. Provides that staffing shall be sufficient so that the facility is not dependent upon the use of residents or volunteers for productive services. Provides that food services shall recognize and provide for the physiological, emotional, and cultural needs of each resident, through provision of a planned, nutritionally adequate diet. Provides that each resident shall have an adequate allowance of neat, clean, fashionable, and seasonable clothing. Provides that residents shall be trained to exercise maximum independence in health, hygiene, and grooming practices. Provides that living unit components or groupings shall be small enough to insure the development of meaningful interpersonal relationships among residents and between residents and staff. Requires dental services to be provided all residents in order to maximize their general health by maintaining an optimal level of daily oral health, through preventive measures and correcting existing oral diseases. Provides that educational services, defined as deliberate attempts to facilitate the intellectual, sensorimotor, and affective development of the individual, shall be available to all residents, regardless of chronological age, degree of retardation, or accompanying disabilities or handicaps. Provides that food and nutrition services shall be provided in order to: (1) insure optimal nutritional status of each resident, thereby enhancing his physical, emotional, and social well-being; and (2) provide a nutritionally adequate diet, in a form consistent with developmental level, to meet the dietary needs of each resident. Makes library services, which include the location, acquisition, organization, utilization, retrieval, and delivery of materials in a variety of media, available to the facility, in order to support and strengthen its total habilitation program by providing complete and integrated multimedia information services to both staff and residents. Provides that medical services shall be provided in order to: (1) achieve and maintain an optimal level of general health for each resident; (2) maximize normal function and prevent disability; and (3) facilitate the optimal development of each resident. Provides that residents shall be provided with nursing services, in accordance with their needs, in order to: (1) develop and maintain an environment that will meet their total health needs; (2) foster optimal health; (3) encourage maximum self-care and independence; and (4) provide skilled nursing care. Provides that, where appropriate to the facility, there shall be a pharmacy and therapeutics committee, that includes one or more pharmacists, to develop policy on drug usage in the facility, and to develop and maintain a current formulary. Provides that physical and occupational therapy services shall be provided in order to: (1) prevent abnormal development and further disability; (2) facilitate the optimal development of each resident; and (3) enable the resident to be a contributing and participating member of the community in which he resides. Requires psychological services be provided in order to facilitate, through the application of psychological principles, techniques, and skills, the optimal development of each resident. Provides that recreation services should provide each resident with a program of activities that: (1) promotes physical and mental health; (2) promotes optimal sensorimotor, cognitive, affective, and social development; (3) encourages movement from dependent to independent and interdependent functioning; and (4) provides for the enjoyable use of leisure time. Make religious services available to residents, in accorance with their basic right to freedom of religion. Provides that all social services shall be available to all residents and their families in order to foster and facilitate: (1) maximum personal and social development of the resident; (2) positive family functioning; and (3) effective and satisfying social and community relationships. Provides that speech pathology and audiology services shall be available, in order to: (1) maximize the communications skills of all residents; and (2) provide for the evaluation, counseling, treatment, and rehabilitation of those residents with speech, hearing and/or language handicaps. Requires each facility to provide all its residents with rehabilitation services, which include the establishment, maintenance, and implementation of those programs that will ensure the optimal development or restoration of each resident physically, psychologically, socially and vocationally. Provides that volunteer services shall be provided in order to enhance opportunities for the fullest realization of the potential of each resident by: (1) increasing the amount, and improving the quality, of services and programs; and (2) facilitating positive relationships between the facility and the community which it serves. Provides that a record shall be maintained for each resident that is adequate for: (1) planning and continuous evaluating of the resident's habitation program; (2) providing a means of communication among all persons contributing to the resident's habilitation program; (3) furnishing documentary evidence of the resident's progress and of his response to his habilitation program; (4) serving as a basis for review, study, and evaluation of the overall programs provided by the facility for its residents; (5) protecting the legal rights of the residents, facility, and staff; and (6) providing data for use in research and education. Provides that the administration of the facility shall make provision for the design and conduct, or the supervision, of research that will objectively evaluate the effectiveness of program components and contribute to informed decisionmaking in the facility. Provides that the requirements of the Secretary shall be met, with specific reference to the following: (1) provision of adequate and alternate exits and doors; (2) provision of exit ramps, with nonskid surface and slope not exceeding one foot in twelve; and (3) provision for handrails on stairways. Provides that there shall be records that document strict compliance with the sanitation, health, and environmental safety codes of the State or local authorities having primary jurisdiction over the facility. Provides that adequate, modern administrative support shall be provided to efficiently meet the needs of, and contribute to, program services for residents, and to facilitate attainment of the goals and objectives of the facility. Provides that funds shall be budgeted and spent in accordance with the principles and procedures of program budgeting. Provides that there shall be written purchasing policies regarding authority and approvals for supplies, services, and equipment.
United States · United States Congress · 3 January 1973
Directs the Secretary of Health, Education, and Welfare to establish and maintain a registration system with respect to blood donors. Provides that no person shall accept blood from a donor who does not have an identification card issued under this Act. Provides that blood may be accepted from a donor without an identification card if either the donor has a short-supply blood (as defined by the Secretary) or if there is an immediate critical need (as defined by the Scretary) for his blood. Authorizes the Secretary to prescribe such regulations as he deems necessary to insure that an adequate registration system is set up to reduce the risk that donors of blood for money are carriers of serum hepatitis. Provides that any person who accepts blood from a donor who does not have a registration card as required under this Act shall be fined not more than $1,000, or imprisoned for not more than one year, or both. Requires the Director of the Division of Biological Standards within the National Institutes of Health to establish and maintain a research program to discover a medical test which can detect serum hepatitis prior to transfusion and transmission of the disease.
United States · United States Congress · 3 January 1973
Health Care Insurance Act - Provides for, under the Social Security Act, medical and hospital care through a system of voluntary health insurance financed in whole for low-income groups through issuances of certificates, and in part for all other persons through allowance of tax credits. Adds to the Social Security Act a new title entitled Federal Financing of Voluntary Health Insurance. Provides that, for the purpose of providing assistance on behalf of the individuals and their dependents whose income and resources are insufficient to meet the costs of necessary medical and hospital services, there is established a program of hospital and medical benefits for any eligible beneficiary and his dependents through the issuance of health insurance certificates of entitlement which will be redeemable by the carrier by payment from the Federal Health Insurance Redemption Fund. Asserts that benefits claimed under this provision shall not be duplicated under any other programs financed in whole or in part by the Federal Government. Includes as eligible beneficiaries under this title any husband and wife both under age 65 and living together and any married person under age 65 who is not a dependent beneficiary. Defines a dependent beneficiary as any child of an eligible beneficiary receiving more than 50 percent of his support from the eligible beneficiary, which child is under 21, or if a student, under age 23. Provides that every individual who is an eligible beneficiary whose income results in no individual income tax liability during his base year, whose dependent beneficiaries have no such liability for their taxable years which end during his base year, and who is not eligible to receive military medical care, shall be eligible to receive a health insurance certificate of entitlement. Asserts that such certificates shall be applicable in full payment of allowable premiums for a qualified health care insurance policy or plan. Requires that such policy or plan shall provide protection for the eligible beneficiary and his dependent beneficiaries for a 12- month period beginning during his benefit year against the expenses of health care, including catastrophic expenses of illness. Defines the base year of an eligible beneficiary as his taxable year in respect to which is his entitlement to an insurance certificate is determined. Allows tax credits for health care insurance. Asserts that every individual who is an eligible beneficiary who has not elected, where eligible, to receive benefits under the provisions for fully-paid health care insurance for the low-income group and who is not eligible to receive military medical care, shall be allowed at his election: a credit against his income tax liability for his taxable year which ends during his base year; or a health insurance certificate on the basis of allowable premiums. Provides that a health insurance certificate of entitlement means a certificate issued by the Secretary of Health, Education and Welfare upon application to him by an eligible beneficiary to apply toward payment of the premium on a qualified health care insurance policy or plan. Specifies that a qualified health care insurance policy or plan shall be a contractual agreement specifying benefits under a program offered by a qualified carrier which has been registered by a State Agency and which provides basic institutional and medical coverage and catastrophic expense coverage. Declares that each such qualified health care insurance policy or plan shall be noncancellable and guaranteed renewable so long as the carrier continues to offer to the public one or more qualified health care insurance policies or plans, shall provide protection against the expense of health care without regard to any pre-existing conditions, and shall provide for payment under this title of usual and customary charges for services covered under the policy or plan. Stipulates what costs shall be included under basic institutional and medical coverage and under catastrophic expense coverage. Establishes deductibles for each of the two types of coverage. Creates a Health Insurance Advisory Board which shall consist of eleven persons including the Secretary of Health, Education, and Welfare and the Commissioner of the Internal Revenue Service, or their delegates. Directs that the remaining members, not otherwise in the employ of the Government, shall be appointed by the President, with the advice and consent of the Senate, without regard to the provisions of title 5, United States Code, governing appointment in the competitive service. Asserts that the Secretary of HEW shall serve as Chairman. Provides that the members shall be selected from persons who are specifically qualified to serve on such Board by virtue of their education, training, or experience. Provides that the Health Insurance Advisory Board shall perform such functions as: (1) prescribe such regulations as may be necessary to carry out the purposes and provisions of this Act; (2) establish minimum Federal standards for the use of State insurance departments in determining whether an insurance company and plan are qualified under this Act; (3) in consultation with carriers, providers of services, and consumers, plan and develop programs whose purposes are to provide for maintaining the quality of medical care; and (4) review the effectiveness of the tax credit program and file an annual report. Grants the States the power to decide which carriers are qualified. Forbids any Federal officer or employee to exercise any supervision or control over the practice of medicine or the manner in which medical services are provided, or over the selection, tenure, or compensation of any officer or employee or any institution, agency, or person providing health services; or to exercise any supervision control over the administration or operation of any such institution, agency, or person. Creates in the Treasury a trust fund to be known as the Federal Health Insurance Redemption Fund to consist in part of an amount equal to the aggregate amount of premiums paid under this title through the redemption of health insurance certificates.
United States · United States Congress · 3 January 1973
Provides an income tax deduction under the Internal Revenue Code for the following amounts, not compensated for by insurance or otherwise, for persons under 65: (1) the medical expenses for a parent over 65; (2) the amount by which other medical expenses exceeds 3 percent of the adjusted gross income, and (3) up to $150 or one half the cost for medical insurance for the individual or dependents other than parents over 65. Provides that if either taxpayer or spouse is over 65 they may deduct: (1) medical expenses paid for the taxpayer, spouse or parent over 65; (2) the amount by which other medical expenses exceed 3 percent of the adjusted gross income; and (3) up to $150 or half of the medical insurance costs for the taxpayer and his dependents other than parents over 65. Directs that the deduction limitation for medicine and drugs shall not apply to amounts paid for the taxpayer and his spouse, if either is over 65, or for amounts paid for the parents over 65. (Amends 26 U.S.C. 213(a))
United States · United States Congress · 3 January 1973
National Blood Bank Act - Establishes a National Blood Bank Program in the Department of Health, Education, and Welfare. Prescribes standards by which the Director of such program shall designate a group or organization as a national blood bank system, including the requirement that all member blood banks maintain a program for the recruitment of voluntary blood donors, and a system of accreditation for member blood banks. Provides that the Director shall, in order to assure an adequate supply of pure and safe blood throughout the Nation: (1) develop new procedures, materials, and techniques to inform the public of the need to voluntarily donate blood; (2) provide direct assistance to establish an adequate supply of voluntary blood in those parts of the country where it is presently unavailable; (3) develop a national program to honor and recognize all voluntary donors; and (4) establish yearly goals of voluntary donors for each blood bank. Provides that the Director shall maintain a registry of all persons who give blood after July 1, 1972, to a licensed blood bank. Provides that blood banks affected by this Act must be licensed by the Director subject to a fee of not more than $125 per annum and subject to periodic inspection by the Director. Requires the Director to issue such license when such blood bank agrees to require identification of each blood donor, agrees to transmit to the Director such information as the Director may require and when the application therefor contains or is accompanied by such information as the Director finds necessary and the applicant agrees and the Director determines the blood bank will be operated in accordance with standards the Director issues to carry out the purposes of this Act. Authorizes the Director to sue in the United States district court to enjoin any activity by a blood bank licensed under this Act which would constitute an imminent hazard to the public health. Provides for appeal from, and review of, such proceedings. Provides that a willful violation of the provisions of this Act shall be a misdemeanor punishable by imprisonment for not more than one year or a fine of not more than $1,000, or both. Establishes an Advisory Council to the Director appointed by the President to make recommendations to the Director on means of attaining the goals of the program. Provides that, notwithstanding any antitrust law, a national blood bank system may exclude or reject from membership in such system any blood bank which does not qualify for tax-exempt status under the Internal Revenue Code. Requires the United States to contract for, or pay for, the provision of blood from a Class A Blood Bank, defined under this Act as part of a national blood bank system. Authorizes to be appropriated $10,000,000 for fiscal year 1973, $10,000,000 for fiscal year 1974, and $10,000,000 for fiscal year 1975, to carry out the provisions of this Act.
United States · United States Congress · 3 January 1973
National Health Insurance Act - Title I: Benefits and Eligibility - Establishes a program of personal health services including medical, dental, podiatric home-nursing, hospital, and auxiliary services for eligible individuals. Sets forth the eligibility requirements for such benefits generally so that all employed or self-employed individuals entitled to old age and survivors benefits under the Social Security Act are covered. Permits benefits to be provided for "noninsured" needy and other uncovered individuals when reimbursements are made by public agencies. Provides that medical services consist of: (1) general medical services such as can be rendered by a physician engaged in the general or family practice of medicine, including preventive, diagnostic, and therapeutic care and periodic medical examinations; and (2) specialist services rendered by a physician who is a specialist in the class of services rendered. Provides that such services may be rendered at the office, home, hospital, or elsewhere, as necessary. Provides that medical, hospital, and other personal health services shall be made available as soon as practicable. Allows eligible individuals for personal health services freedom to select the physician or other person of his choice to render such services. Title II: Participation of Physicians, Dentists, Nurses, Hospitals, and Others - Provides that any individual who is a physician, dentist, or podiatrist legally authorized in a State to render any services included as general medical, dental, or podiatric services shall be deemed qualified to render such services in that State for purposes of this Act. Directs that any such individual who is found to possess skill and experience of a degree and kind sufficient to meet standards established for a class of specialist services shall be deemed qualified to receive compensation for specialist services of such class benefits under this Act. Authorizes the National Health Insurance Board, after consultation with the Advisory Council, to establish standards as to the special skills and experience required to qualify an individual to render each such class of specialist services under this Act, and to receive compensation for such specialist services. Sets forth requirements for participation in the program and the method and amount of payments for services. Title III: Local Administration - Provides for the administration of personal health service benefits through local area committees under plans prepared by the State. Sets forth requirements for State plans. Provides that, in order that personal health service benefits may be made available promptly and in a manner best adapted to local practices, conditions, and needs, responsibility for administration of the benefits provided under this Act in the several local health-service areas shall be decentralized as fully as practicable to local administrative committees or local administrative officers, acting with the advice and assistance, as provided in this title, of local professional committees and, in the case of local administrative officers, the advice and assistance of local area committees. Provides that health-service areas of a State shall be those so designated in the State plan of operations. Establishes a local area committee in each health service area to perform the functions of this Act and to formulate the administration of policies for this Act. Title IV: State Administration - Provides that it is the intent of Congress that the benefits provided under this Act be administered wherever possible by the several States, in accordance with plans of operations submitted and approved as provided in this title, and in each State insofar as feasible by the same State agency which administers, or supervises the administration of, the State's general public health and maternal and child health programs. Provides that the Board shall approve any State plan and any modification thereof submitted by the State which it finds complies with various provisions pertaining to State plans of operation. Declares that no change in a State plan shall be required within one year after initial approval thereof, or within one year after any change thereafter required therein, by reason of any change in the regulations or standards prescribed pursuant to this Act, except with the consent of the State or in accordance with further action by Congress. Title V: National Health Insurance Board; National Advisory Medical Policy Council; General Administrative Provisions - Establishes in the Department of Health, Education, and Welfare a National Health Insurance Board, to be composed of five members, three of whom shall be appointed by the President by and with the advice and consent of the Senate, and the other two of whom shall be the Surgeon General of the Public Health Service and the Commissioner of Social Security, to assist in carrying out the provisions of this Act. Provides that, during his term of membership on the Board, no appointed member shall engage in any other business, vocation, or employment. Establishes a National Advisory Medical Policy Council to consist of the Chairman of the Board, who shall serve as Chairman of the Advisory Council ex officio, and sixteen members appointed by the Secretary of Health, Education, and Welfare. Provides that at least eight of the sixteen appointed members shall be individuals who are familiar with the need for personal health services in urban or rural areas and who are representative of the interests of individuals eligible for benefits under this Act, and at least six of the members shall be individuals who are outstanding in the medical or other professions concerned with the provision of services provided under this Act and who are representative of the individuals, organizations, and other persons by whom personal health services will be provided. Title VI: Eligibility Determinations, Complaints, Hearings, and Judicial Review - Provides that the Secretary of Health, Education, and Welfare, through such units of the Department of Health, Education, and Welfare as he may determine, shall upon his own initiative or upon application of any individual make determinations as to the eligibility of individuals for benefits under this Act. Provides that whenever requested by any individual determined by the Secretary not to be eligible for benefits for any period, or by a dependent of any such individual, the Secretary shall give such individual or such dependent reasonable notice and opportunity for a hearing with respect to such determination and on the basis of the evidence adduced at the hearings shall affirm, modify, or reverse his determination. Provides for judicial review of adverse decisions by the Secretary. Title VII: Application of Act to Individuals Covered Under Medicare Program - Provides that any individual who is entitled to hospital insurance benefits under title XVIII (Medicare) of the Social Security Act, or to supplementary medical insurance benefits under the insurance program of the Social Security Act, during any benefit year or part thereof in which he is otherwise eligible for benefits under this Act which may be made available to him as benefits under this Act shall be limited to those services for which he is ineligible under title XVIII of the Social Security Act. Requires the Secretary of HEW to study and report on the interrelationship of the national health insurance program under this Act and under title XVIII of the Social Security Act. Title VIII: Fiscal Provisions - Creates, on the books of the Treasury of the United States, a separate account to be known as the "Personal Health Services Account". Provides that funds in the account not required for current withdrawals shall be invested by the Secretary of the Treasury in the types of obligations which may be acquired, under section 201 of the Social Security Act, by the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund. Makes funds in the account available for all expenditures necessary or appropriate to carry out this Act. Title IX: Miscellaneous Provisions - Defines such terms as "wages", "employment", "benefit Year", "quarter", and "person", as used in this Act.
United States · United States Congress · 3 January 1973
Provides that the Secretary of Transportation and the Interstate Commerce Commission shall require common carriers under their jurisdiction to prohibit smoking aboard aircraft, railroads, buses, and vessels carrying passengers, except in areas designated for that purpose.
United States · United States Congress · 3 January 1973
International Health Agency Act - Declares the finding of the Congress that the improvement of health services on an international basis is in the finest heritage of the United States. Declares it to be in the interests of the United States to provide assistance to developing nations working to help themselves provide needed health services. Declares it to be necessary and desirable for this nation to aid health professionals and activities in the developing areas in the battle against disease, malnutrition and natural disasters. Authorizes the President to carry out programs in furtherance of the purposes of this Act through an agency to be created by him and to be known as the International Health Agency. Provides for the Agency to assist and support the activities of private voluntary agencies in the field of health services. Authorizes the President to utilize Foreign Service Reserve Officers, Foreign Service staff officers and employees as he deems necessary to carry out functions under this Act. Authorizes the appropriation of up to $25,000,000 for each of the fiscal years ending June 30, 1974 and for each succeeding fiscal year.
United States · United States Congress · 3 January 1973
Authorizes the Secretary of Health, Education, and Welfare to pay all or part of the costs of the establishment and operation of National Centers for Spinal Cord Injuries for vocational rehabilitation of handicapped individuals who are suffering from spinal cord injuries. Provides that any agency or organization desiring to establish such a Center shall submit a proposal to the Secretary in such manner and containing such information as may be prescribed by the Secretary. States that the Secretary shall give preference to those proposals which: (1) give promise of maximum effectiveness in the organization and operation of the Centers, and (2) give promise of offering the most substantial skill, experience, and capability in providing a broad program of service, research, training and related activities in the field of rehabilitation of persons suffering from spinal cord injuries. Authorizes the appropriation of a total of $70,000,000 for the three-year period ending June 30, 1976 for the purpose of establishing and operating National Centers for Spinal Cord Injuries under this Act.
United States · United States Congress · 3 January 1973
Requires that Public Health Service hospitals, Veterans' Administration hospitals, and hospitals receiving assistance under the Hill-Burton Act make available at cost to persons entitled to benefits under the medicare program of the Social Security Act prescription drugs not covered under that program, eyeglasses, and hearing aids.
United States · United States Congress · 3 January 1973
Provides, under the Internal Revenue Code of 1954, that blood donations shall be considered as charitable contributions deductible from gross income in an amount equal to $25 for each pint donated. (Amends 26 U.S.C. 170(i))
United States · United States Congress · 3 January 1973
Authorizes the Law Enforcement Assistance Administration to make grants to States for the development and operation of narcotic treatment programs in correctional institutions in connection with probation or other supervisory release programs for all persons, incarcerated or on parole, who are drug addicts or drug abusers. (Amends 42 U.S.C. 3750 b, c)
United States · United States Congress · 3 January 1973
Radiation Health and Safety Act - Provides, under the Public Health Service Act, that the Secretary of Health, Education, and Welfare shall develop and issue to the States criteria and minimum standards for the accreditation of education institutions conducting programs for the training of radiologic technologists and minimum criteria for education institutions conducting programs for the training of medical and dental practitioners. Provides that the Secretary shall develop and issue to the States criteria and minimum standards for licensure of radiologic technologists, and such other advice and assistance as he deems necessary. Provides that State and local governments shall be encouraged to minimize exposure of the public to ionizing from all sources. Provides for procedures for the adoption of such standards by the States. Provides that the Secretary may make grants to States in an amount up to two-thirds of the first year and one-third of the second year costs of planning, developing, or establishing programs to carry out the purposes of this Act. Declares it to be unlawful to conduct activities contrary to this Act. Provides that any violation of this Act by the owner or operator of an educational institution, or an individual applying radiation to human beings for diagnostic or therapeutic purposes shall be subject to a civil penalty of not more than $1,000. Provides that the Secretary shall submit to the Congress an annual report evaluating the implementation of this Act by the Federal Government and including such recommendations for legislation as he considers appropriate.
United States · United States Congress · 3 January 1973
X-Ray Systems Radiation Control Act - Provides that, whenever the Secretary of Health, Education, and Welfare prescribes a summary performance standard for a class of X-ray system under the Public Health Service Act, the Secretary shall by regulation prescribe a performance standard applicable to systems of such a class manufactured, assembled, or imported prior to the effective date of such primary standard. Directs that such regulations shall take effect not more than thirty months after the enactment of the primary standard and shall specify the same level of performance as the primary standard. Provides that, commencing not more than thirty months after the date of enactment of this Act, the Secretary shall carry out a program of inspection of all X-ray systems in use in the United States for the purpose of determining whether such systems comply with the standards prescribed by the Act. Requires that each X-Ray System be inspected not less than once every twelve months. Forbids any person to operate any X-ray system for more than 24 months after the person who controls such system has been notified that such system does not comply with the standards prescribed by the act. Forbids any person, thirty months after the enactment of this Act, to sell or otherwise transfer any X-ray system unless prior to such sale or transfer he notifies the Secretary and receives the Secretary's authorization to sell or transfer such system. Forbids the Secretary to authorize the sale or transfer unless he is satisfied that such system complies with the standards prescribed by the Act.
United States · United States Congress · 3 January 1973
Narcotic Addict Treatment Act - Provides that practitioners who dispense or administer narcotic drugs in a treatment program for addicts under the Controlled Substances Act shall obtain an annual registration for that purpose. States that such program may be for maintenance treatment, detoxification treatment, or both. Provides that the Attorney General shall grant a registration under this Act upon a showing that the applicant is qualified to engage in such treatment under standards set by the Secretary of Health, Education, and Welfare and is prepared to comply with standards imposed by the Attorney General with respect to the security of narcotic drug stocks, the maintenance of records, and with the concurrence of the Secretary, the quantities of drugs which may be provided for unsupervised use. Makes provision for the denial, suspension, or revocation of the certificate required by this Act for failure to comply with the standards imposed by this Act. Requires registrants to keep records of drug administrations under this Act. Provides that such records in any manner other than in an investigation of/or proceeding against a registrant shall be subject to the restrictions of the Drug Abuse Office and Treatment Act of 1972.
United States · United States Congress · 3 January 1973
Requires an areawide health planning council, in order to be eligible for Federal assistance, to have in its membership and governing body representatives of the governing board of community based health organizations, citizens of communities and neighborhoods served by such community based health organizations, and citizens of communities and neighborhoods served by public, voluntary, and nonprofit private health organizations. (Amends 42 U.S.C. 246(b)(2)(A)
United States · United States Congress · 3 January 1973
Bill of Rights for the Mentally Retarded - States that the purpose of this Act is to establish standards which assure the humane care, treatment, habilitation, and protection of the mentally retarded in residential facilities, and to improve the system for the provision of services to the mentally retarded through the encouragement of and support for the planning and development of strategies to implement such standards, minimize inappropriate admissions to residential facilities and stimulate the development of regional and community programs integrating such residential facilities which conform to such standards. Provides for a new title to the Public Health Service Act: Title XI: Support of Residential Facilities for the Mentally Retarded - Authorizes the Secretary of Health, Education, and Welfare to make grants to States to aid them with the cost of bringing existing residential facilities into compliance with the standards established under this Act, and to improve existing residential facilities for the mentally retarded. Authorizes to be appropriated $30,000,000 ($15,000,000 for each program) for fiscal year 1973, and for each of the next two succeeding fiscal years, for such grants. Authorizes to be appropriated such sums as may be necessary to enable the Secretary to make grants to States for the purpose of assisting States in meeting the expenses for bringing publicly operated facilities and publicly assisted facilities into conformity with the standards established by this Act. Stipulates that any State desiring to receive such a grant shall submit a plan to the Secretary setting forth a schedule for compliance with such standards. Provides that the total of the grants with respect to any such project bringing facilities into conformity with the standards imposed by this Act may not exceed 75 percent of the necessary cost thereof as determined by the Secretary. Requires, within five years after the date of enactment of this Act, that no residential facility for the mentally retarded shall be eligible to receive payments either directly or indirectly under any Federal law, unless such facility meets the standards promulgated under this Act. Authorizes the Secretary to make grants to any public or private non-profit agency, organization or institution to meet the costs of development, improvement, extension, or expansion of community resources and community living situations for the mentally retarded other than live-in-residential facilities for the mentally retarded. Establishes a National Advisory Council on Standards for Residential Facilities for the Mentally Retarded to: (1) advise the Secretary with respect to any regulations promulgated or proposed in the implementation of the standards established under this Act; (2) study and evaluate such standards authorized by this Act; and (3) recommend to the Secretary any changes, revisions, modifications, or improvements in the standards established under this Act. Provides that the ultimate aim of the residential facility shall be to foster those behaviors that maximize the human qualities of the resident, increase the complexity of his behavior, and enhance his ability to cope with his environment. Requires such facilities to be located within, and conveniently accessible to, the population served, so as to have access to necessary generic community services. Provides that the facility and the surrounding community should be encouraged to share their services and resources on a reciprocal basis. Provides that residents of the facility should be integrated to the greatest possible extent with the general population. Provides that the facility shall have a written outline of the philosophy, objectives, and goals it is striving to achieve. Requires such outline to be available for distribution to staff, consumer representatives, and the interested public. Provides that the governing body of the facility shall exercise general direction and shall establish policies concerning the operation of the individuals served. Provides that the administration of the facility shall provide for effective staff and resident participation and communication. Requires the facility to designate a percentage of its operating budget for self-renewal purposes. Provides that the facility shall have a description of services for residents that is available to the public. Provides that the facility shall provide for meaningful and extensive consumer-representative and public participation. Provides that a public education and information program should be established that utilizes all communication media, and all service, religious and civil groups, to develop attitudes of understanding and acceptance of mentally retarded persons in all aspects of community living. Provides that admission and release procedures shall: (1) encourage voluntary admission; (2) give equal priority to persons of comparable need; (3) facilitate emergency, partial, and short-term residential care; and (4) utilize the maximum feasible amount of voluntariness in each individual case. Authorizes the residential facility to admit only residents who have had a comprehensive evaluation. Provides that all admissions to the residential facility shall be considered temporary. Provides that there shall be a regular, at least annual, joint review of the status of each resident by all relevant personnel. Provides that at the time of permanent release or transfer there shall be recorded a summary of findings, progress, and plans for protective supervision and other followup services in the resident's new environment. Provides that the performance of each employee of the facility shall be evaluated at least annually. Provides that staffing shall be sufficient so that the facility is not dependent upon the use of residents or volunteers for productive services. Provides that food services shall recognize and provide for the physiological, emotional, and cultural needs of each resident, through provision of a planned, nutritionally adequate diet. Provides that each resident shall have an adequate allowance of neat, clean, fashionable, and seasonable clothing. Provides that residents shall be trained to exercise maximum independence in health, hygiene, and grooming practices. Provides that living unit components or groupings shall be small enough to insure the development of meaningful interpersonal relationships among residents and between residents and staff. Requires dental services to be provided all residents in order to maximize their general health by maintaining an optimal level of daily oral health, through preventive measures and correcting existing oral diseases. Provides that educational services, defined as deliberate attempts to facilitate the intellectual, sensorimotor, and affective development of the individual, shall be available to all residents, regardless of chronological age, degree of retardation, or accompanying disabilities or handicaps. Provides that food and nutrition services shall be provided in order to: (1) insure optimal nutritional status of each resident, thereby enhancing his physical, emotional, and social well-being; and (2) provide a nutritionally adequate diet, in a form consistent with developmental level, to meet the dietary needs of each resident. Makes library services, which include the location, acquisition, organization, utilization, retrieval, and delivery of materials in a variety of media, available to the facility, in order to support and strengthen its total habilitation program by providing complete and integrated multimedia information services to both staff and residents. Provides that medical services shall be provided in order to: (1) achieve and maintain an optimal level of general health for each resident; (2) maximize normal function and prevent disability; and (3) facilitate the optimal development of each resident. Provides that residents shall be provided with nursing services, in accordance with their needs, in order to: (1) develop and maintain an environment that will meet their total health needs; (2) foster optimal health; (3) encourage maximum self-care and independence; and (4) provide skilled nursing care. Provides that, where appropriate to the facility, there shall be a pharmacy and therapeutics committee, that includes one or more pharmacists, to develop policy on drug usage in the facility, and to develop and maintain a current formulary. Provides that physical and occupational therapy services shall be provided in order to: (1) prevent abnormal development and further disability; (2) facilitate the optimal development of each resident; and (3) enable the resident to be a contributing and participating member of the community in which he resides. Requires psychological services be provided in order to facilitate, through the application of psychological principles, techniques, and skills, the optimal development of each resident. Provides that recreation services should provide each resident with a program of activities that: (1) promotes physical and mental health; (2) promotes optimal sensorimotor, cognitive, affective, and social development; (3) encourages movement from dependent to independent and interdependent functioning; and (4) provides for the enjoyable use of leisure time. Make religious services available to residents, in accorance with their basic right to freedom of religion. Provides that all social services shall be available to all residents and their families in order to foster and facilitate: (1) maximum personal and social development of the resident; (2) positive family functioning; and (3) effective and satisfying social and community relationships. Provides that speech pathology and audiology services shall be available, in order to: (1) maximize the communications skills of all residents; and (2) provide for the evaluation, counseling, treatment, and rehabilitation of those residents with speech, hearing and/or language handicaps. Requires each facility to provide all its residents with rehabilitation services, which include the establishment, maintenance, and implementation of those programs that will ensure the optimal development or restoration of each resident physically, psychologically, socially and vocationally. Provides that volunteer services shall be provided in order to enhance opportunities for the fullest realization of the potential of each resident by: (1) increasing the amount, and improving the quality, of services and programs; and (2) facilitating positive relationships between the facility and the community which it serves. Provides that a record shall be maintained for each resident that is adequate for: (1) planning and continuous evaluating of the resident's habitation program; (2) providing a means of communication among all persons contributing to the resident's habilitation program; (3) furnishing documentary evidence of the resident's progress and of his response to his habilitation program; (4) serving as a basis for review, study, and evaluation of the overall programs provided by the facility for its residents; (5) protecting the legal rights of the residents, facility, and staff; and (6) providing data for use in research and education. Provides that the administration of the facility shall make provision for the design and conduct, or the supervision, of research that will objectively evaluate the effectiveness of program components and contribute to informed decisionmaking in the facility. Provides that the requirements of the Secretary shall be met, with specific reference to the following: (1) provision of adequate and alternate exits and doors; (2) provision of exit ramps, with nonskid surface and slope not exceeding one foot in twelve; and (3) provision for handrails on stairways. Provides that there shall be records that document strict compliance with the sanitation, health, and environmental safety codes of the State or local authorities having primary jurisdiction over the facility. Provides that adequate, modern administrative support shall be provided to efficiently meet the needs of, and contribute to, program services for residents, and to facilitate attainment of the goals and objectives of the facility. Provides that funds shall be budgeted and spent in accordance with the principles and procedures of program budgeting. Provides that there shall be written purchasing policies regarding authority and approvals for supplies, services, and equipment.
United States · United States Congress · 3 January 1973
Health Care Insurance Act - Provides for, under the Social Security Act, medical and hospital care through a system of voluntary health insurance financed in whole for low-income groups through issuances of certificates, and in part for all other persons through allowance of tax credits. Adds to the Social Security Act a new title entitled Federal Financing of Voluntary Health Insurance. Provides that, for the purpose of providing assistance on behalf of the individuals and their dependents whose income and resources are insufficient to meet the costs of necessary medical and hospital services, there is established a program of hospital and medical benefits for any eligible beneficiary and his dependents through the issuance of health insurance certificates of entitlement which will be redeemable by the carrier by payment from the Federal Health Insurance Redemption Fund. Asserts that benefits claimed under this provision shall not be duplicated under any other programs financed in whole or in part by the Federal Government. Includes as eligible beneficiaries under this title any husband and wife both under age 65 and living together and any married person under age 65 who is not a dependent beneficiary. Defines a dependent beneficiary as any child of an eligible beneficiary receiving more than 50 percent of his support from the eligible beneficiary, which child is under 21, or if a student, under age 23. Provides that every individual who is an eligible beneficiary whose income results in no individual income tax liability during his base year, whose dependent beneficiaries have no such liability for their taxable years which end during his base year, and who is not eligible to receive military medical care, shall be eligible to receive a health insurance certificate of entitlement. Asserts that such certificates shall be applicable in full payment of allowable premiums for a qualified health care insurance policy or plan. Requires that such policy or plan shall provide protection for the eligible beneficiary and his dependent beneficiaries for a 12- month period beginning during his benefit year against the expenses of health care, including catastrophic expenses of illness. Defines the base year of an eligible beneficiary as his taxable year in respect to which is his entitlement to an insurance certificate is determined. Allows tax credits for health care insurance. Asserts that every individual who is an eligible beneficiary who has not elected, where eligible, to receive benefits under the provisions for fully-paid health care insurance for the low-income group and who is not eligible to receive military medical care, shall be allowed at his election: a credit against his income tax liability for his taxable year which ends during his base year; or a health insurance certificate on the basis of allowable premiums. Provides that a health insurance certificate of entitlement means a certificate issued by the Secretary of Health, Education and Welfare upon application to him by an eligible beneficiary to apply toward payment of the premium on a qualified health care insurance policy or plan. Specifies that a qualified health care insurance policy or plan shall be a contractual agreement specifying benefits under a program offered by a qualified carrier which has been registered by a State Agency and which provides basic institutional and medical coverage and catastrophic expense coverage. Declares that each such qualified health care insurance policy or plan shall be noncancellable and guaranteed renewable so long as the carrier continues to offer to the public one or more qualified health care insurance policies or plans, shall provide protection against the expense of health care without regard to any pre-existing conditions, and shall provide for payment under this title of usual and customary charges for services covered under the policy or plan. Stipulates what costs shall be included under basic institutional and medical coverage and under catastrophic expense coverage. Establishes deductibles for each of the two types of coverage. Creates a Health Insurance Advisory Board which shall consist of eleven persons including the Secretary of Health, Education, and Welfare and the Commissioner of the Internal Revenue Service, or their delegates. Directs that the remaining members, not otherwise in the employ of the Government, shall be appointed by the President, with the advice and consent of the Senate, without regard to the provisions of title 5, United States Code, governing appointment in the competitive service. Asserts that the Secretary of HEW shall serve as Chairman. Provides that the members shall be selected from persons who are specifically qualified to serve on such Board by virtue of their education, training, or experience. Provides that the Health Insurance Advisory Board shall perform such functions as: (1) prescribe such regulations as may be necessary to carry out the purposes and provisions of this Act; (2) establish minimum Federal standards for the use of State insurance departments in determining whether an insurance company and plan are qualified under this Act; (3) in consultation with carriers, providers of services, and consumers, plan and develop programs whose purposes are to provide for maintaining the quality of medical care; and (4) review the effectiveness of the tax credit program and file an annual report. Grants the States the power to decide which carriers are qualified. Forbids any Federal officer or employee to exercise any supervision or control over the practice of medicine or the manner in which medical services are provided, or over the selection, tenure, or compensation of any officer or employee or any institution, agency, or person providing health services; or to exercise any supervision control over the administration or operation of any such institution, agency, or person. Creates in the Treasury a trust fund to be known as the Federal Health Insurance Redemption Fund to consist in part of an amount equal to the aggregate amount of premiums paid under this title through the redemption of health insurance certificates.
United States · United States Congress · 3 January 1973
Includes joint hospital laundry ventures among the cooperative hospital service organizations entitled to a tax exempt status under the Internal Revenue Code of 1954. (Amends 26 U.S.C. 501(e)(1)(A))
United States · United States Congress · 3 January 1973
National Healthcare Act - Title I: Findings and Declaration of Purpose - Declares the purpose of this Act to be to improve the organization, delivery, and financing of health care for all Americans by increasing health personnel, promoting ambulatory care, strengthening health planning, establishing national standards of health care benefits, encouraging provisions of such benefits through comprehensive health care insurance, and by assisting persons of low income or in poor health to secure that insurance. Title II: Provisions To Increase The Supply And Improve The Distribution Of Health Care Personnel - Allows a medical student to borrow the full cost of tuition, fees, and reasonable amounts for room, board, books, supplies, and other related costs. Provides that the loan will be forgiven at the rate of 20 percent a year in return for practice in an area found by the Secretary of Health, Education, and Welfare and the appropriate State comprehensive planning agency to be in need of physicians, optometrists, or dentists. Authorizes $100 million a year for fiscal years 1973, 1974, and 1975 for this purpose. Grants loans to student nurses covering the full cost of tuition, fees, and reasonable amounts for room, board, books, supplies and other related costs. Directs that up to half of the loan may be forgiven at the rate of 20 percent a year for service in a public or nonprofit private institution or agency and that up to 100 percent of the loan may be forgiven at the rate of 33 1/3 percent a year for appropriate service in an area designated as having a substantial shortage of nurses. Authorizes $75 million a year for fiscal years 1973, 1974, and 1975 for this purpose. Provides that scholarship grants may, in accordance with regulations of the Secretary of Health, Education, and Welfare, be awarded according to the needs of the individual, up to the full cost of his tuition, fees, books, equipment and living expenses. Authorizes for this purpose $50 million a year for fiscal years 1973, 1974, and 1975. Allows loans for students in the allied health professions covering the full cost of tuition fees, and reasonable amounts for room, board, books, supplies, and other related costs. Provides that up to half of the loan may be forgiven at the rate of 20 percent a year for service in a public or nonprofit private institution or agency and that up to 100 percent of the loan may be forgiven at the rate of 33 1/3 percent a year for appropriate service in an area designated as having a substantial shortage of allied health professionals. Authorizes $40 million for fiscal year 1973, $60 million for fiscal year 1974, and $75 million for fiscal year 1975 for this purpose. Includes junior colleges, colleges and universities which offer training in health care center administration or curriculums providing the allied health-professionals needed to operate comprehensive ambulatory health care centers within the training grant provisions of the Public Health Service Act. Establishes a new program of special project grants to help education institutions meet the cost of developing curriculums and training programs to develop the skills needed to administer and staff comprehensive ambulatory health care centers. Authorizes $40 million for fiscal year 1973, and $50 million a year for fiscal years 1974 and 1975 for this purpose. Establishes a program of Federal grants to medical personnel in return for service in urban and rural areas of critical need to alleviate the distribution of health care personnel. Authorizes the Secretary of Health, Education, and Welfare to contract with individual health professionals, nurses, or allied health professionals who agree to provide health care services for a period of at least two years in an area designated by the Secretary as having a critical need for those services. Provides that the amount of the grant is that amount which, when added to the recipient's income from providing health care services for each contract year, provides a total income equal to 110 percent of the national annual median income for persons of comparable education and training, or 110 percent of his earnings from providing health care services in the previous year, whichever is greater. Provides that in determining the precise amount of the grant the Secretary may consider such factors as he deems relevant. Requires that he must consider, however: (1) the national median annual income for the applicant's profession; (2) the cost of living in the area of need; (3) the background, training, and education of the applicant; (4) the amount of income the applicant can reasonably expect to receive from service in the area; (5) the number of persons of applicant's profession needed in the area; and (6) where appropriate, cost of equipment, supplies, and facilities. Provides that title II becomes effective upon enactment. Title III: Provisions To Encourage Comprehensive Ambulatory Health Care Centers - Provides grants to comprehensive ambulatory health care centers. Sets up a special category of grants to comprehensive ambulatory health care centers which offer a greater range of medical services than current law now specifies for "out-patient facilities" grants. Revises the declaration of purpose of title VI of the Public Health Service Act to recognize specifically the concept of a comprehensive ambulatory health care center. Provides that for fiscal years commencing after June 30, 1971 there is authorized an additional $200 million in grant authority to be used for the construction of comprehensive ambulatory health care facilities. Provides this sum through a new allotment category which is separate from existing allotment categories for construction and modernization of hospitals and other medical facilities. Provides that a portion of the funds available for grants hereunder be used to assist nearly-constructed facilities to pay initial start-up and operation expenses during the first three years of operation of such centers. Directs that funds available for the construction and modernization of comprehensive ambulatory health care centers will be allotted to the several states on the same basis as allotments are now made for construction of hospitals and other medical facilities. Provides that transfers from allotments for the construction and modernization of comprehensive ambulatory health care facilities to allotments for the construction of other types of facilities are not authorized. Permits carryovers of unused allotments from one fiscal year to the other. Requires that priorities for awarding grants to comprehensive ambulatory health care centers be given to proposed facilities in densely populated areas now lacking such facilities. Provides that, in its evaluation of the health needs of its citizens, the State health planning agency would be required to determine as part of its planning process the number of comprehensive ambulatory health care centers needed in the State and a plan for distribution of such centers. Requires the adoption of a program providing for construction of those comprehensive ambulatory health care centers identified as needed in its State plan, or for modernizing such existing facilities. Adds comprehensive ambulatory health care centers to the list of types of health facilities from which recovery of Federal funds may be made by the Federal government from facilities which no longer qualify. Adds comprehensive ambulatory health care centers to the list of types of facilities which qualify for Public Health Service Act loans, guarantees and interest subsidies for construction or modernization of health facilities. Defines comprehensive ambulatory health care centers to encompass only facilities which provide a wide range of preventive, diagnostic and treatment services for ambulatory patients and thus relieve overutilization of general hospitals and make health care more accessible. Title IV: Provisions To Strentthen Health Care Planning - Provides that the President shall make a health report to the Congress no later than July 1 of each year on the status of the nation's health needs and health care system with a program for meeting those needs. Creates a three-man Council of Health Policy Advisers in the Executive Office of the President, its members appointed by the President with the advice and consent of the Senate. Authorizes the Council to hire officers, employees and such experts and consultants as may be needed. Requires the Council to make an annual health report to the President not later than April 1 of each year to be transmitted to the Congress as a supplement to the next Health Report of the President to the Congress. Provides that in its first report to the President the Council shall specifically review and advise the President on health programs. Requires the Council to develop and recommend goals for a national health policy to promote efficiency, eliminate waste and duplication in the utilization of health facilities and resources, and to recommend specific programs to streamline and consolidate health manpower programs. Directs the Council to consult with the National Advisory Health Council, and other advisory councils or committees as well as such representatives of the private sector as it deems advisable and to utilize the services, facilities and information of other public and private organizations to the fullest extent to avoid unnecessary overlapping or duplication of effort. Provides that the Chairman shall be compensated at the rate of Level II and the other members at the rate of Level IV of the Executive Schedule Pay Rates. Authorizes such sums as are needed to enable the Council to function, not to exceed $1 million in any fiscal year. Requires every agency of the Federal Government to include, to the fullest extent possible, in each report on proposals for legislation or other major Federal action significantly affecting health or the health care system, the impact of the proposal on the nation's health care system, adverse effects, alternatives, the relative priority established by the Council of Health Policy Advisers, and any irreversible or irretrievable commitments of resources involved. Provides that prior to making this report the responsible Federal official shall consult with and obtain the comments of any Federal agency which has jurisdiction by law or special expertise relative to the health impact of the proposal. Provides that these comments, with comments of appropriate Federal, State and local agencies, shall be made available to the President, the Council, and the public, and shall accompany the proposal through the existing agency review process. Provides that these provisions shall not affect the obligations imposed on Federal agencies by other Federal statutes. Adopts for purposes of the entire Public Health Service Act the definition of "appropriate comprehensive health planning agency" provided in this bill. Provides that in order to qualify for the comprehensive health planning grants that a State plan for comprehensive State health planning must, in addition to existing requirements, provide for the project certification procedures established by this Act. Increases the funds authorized for project grants for areawide health planning to $60 million for fiscal year 1973. Directs that to be eligible for the grants the agency must be prepared to function as the "appropriate comprehensive health planning agency" for the area or region. Requires the agency to be prepared to play a strengthened role in coordinating areawide health affairs, including the determination of health needs, capital expenditures programs, cooperative use of facilities, optimum use of available manpower and improved management techniques. Requires the agency to provide for consultation with the areawide health planning council and other groups, for the representation of health care facilities and physicians for enlisting public support, and for educating the public concerning the proper use of facilities and services available. Provides that in the case of applications for Federal grants, loans, or other financial aid involving more than $100,000 which require certification by the appropriate comprehensive health planning agency, the application may be approved by the Secretary only after he is satisfied that the review provisions of this section have been met. Requires that the agency have reasonable opportunity to review and comment on the application and has certified to its essential need and high priority. Provides that if the "appropriate comprehensive health planning agency" is a metropolitan or other local planning agency, that agency, after reviewing the application, must have communicated its comments to both the applicant and the State agency. Directs the State planning agency to make its own determination that the application fits in with the State's overall needs and priorities as expressed in the State plan. Requires that if two or more States are involved, each State agency must make a separate certification as to the need and priority of the project in its State. Provides that in the case of a project affecting an entire State, the appropriate comprehensive health planning agency is the agency designated in the State plan. Provides that in the case of a project affecting a region, metropolitan area, or other local area, the appropriate comprehensive health planning agency is the areawide comprehensive health planning agency or such other public or nonprofit private agency determined in accordance with regulations to be performing the required health planning functions. Requires that benefits paying for not less than the health care required under the minimum standards must be included in private or State established health care plans as a condition of eligibility for the Federal tax or other public financial assistance accorded under this bill. Permits additional benefits and allows a qualified private health care plan to provide for a covered individual's payment of medical expenses exceeding established deductible and co-payment standards. Permits qualifying health care plans to include various other optional provisions. Assures that the minimum standards of health care required to be provided to needy and uninsurable individuals will be no less than those required for others. Requires the timing of benefit implementation to be faster under publicly assisted plans for needy and uninsurable individuals than under private qualified plans. Bars higher co-payments for ambulatory-treatment of a given condition than for institutional treatment of the same condition. Assigns one of three "priority designations" to each of the benefits in the Table of Minimum Standard Healthcare Benefits and requires benefits in the several priority categories to be phased-in in accordance with a schedule prescribed in the law. Authorizes the President, under restricted conditions stated in the law, to defer the scheduled time for phase-in of benefits that have not become legislatory at the time he acts. Specifies the initial Minimum Standards Healthcare Benefits for individuals covered under qualified private plans and those for individuals covered under qualified public plans. Places a limit on the total amount of co-payments that may be required in any one year. Provides that in the absence of a Presidential deferral those Minimum Standard Healthcare Benefits that are initially provided individuals covered under qualified public plans but not private plans will become available to individuals covered under qualified private plans on January 1, 1976, and that the proposed 1976 improvements in the Minimum Standard Healthcare Benefits for qualified private plans in 1979. Revises the Internal Revenue Code to restrict the Federal income tax deduction otherwise allowable to an employer for any amount paid or incurred by the employer for medical care of any employee or his dependents. Restricts this deduction to 50 percent of the described expense for the medical care of the employee. Provides that if the employer establishes and maintains a Qualified Employee Healthcare Plan the restriction will not apply, and 100 percent of the described expense is deductible. Applies such provision to taxable years after December 31, 1972, except that, in the case of any employer plan providing medical care for employees which was established pursuant to a collectively-bargained agreement, the restrictions on the deduction will not apply until the expiration of the agreement, or December 31, 1975, whichever occurs first. Requires that each Qualified Employee Healthcare Plan provide at least the Minimum Standard Healthcare Benefits described in this Act and be in writing, adopted by the employer, and communicated to his employees. Provides that substantially all active full-time employees eligible to be covered, and the coverage must continue upon certain terminations of employment or certain temporary absences of the employee. Requires that a coordination of benefits provision be included in a qualified plan to avoid costly duplication of coverage and also the plan must permit eligible employees to seek coverage instead from any approved health maintenance organization in cases where specified conditions are satisfied. Allows 100 percent of medical care insurance permiums as an income tax deduction, if such expenses are paid by an individual who is covered by a Qualified individual Healthcare Plan, a Qualified Employee Healthcare Plan, or a Qualified State Healthcare Plan. Requires that each Qualified Individual Healthcare Plan provide at least the Minimum Standard Healthcare Benefits described in this Act. Requires that a qualified individual insurance contract contain provisions which obligate the insurer to renew the policy, and allows covered dependents to continue their coverage under the policy after the death of the insured as if he were still alive. Adds a new title XX to the Social Security Act to provide for the establishment of publicly subsidized health care insurance plans on a State by State basis. Provides that each State will have a health insurance pool, which all private entities in that State (both profit and non-profit) which currently indemnify the cost of health care would be required to underwrite. Directs that one or more private insurance carriers will be designated by the State to administer the State plan on a retention accounting basis. Provides that these State plans will guarantee that Minimum Standard Healthcare Benefits are made available to individuals and families who previously were unable to purchase health care insurance, either because of their low income or their extremely poor health. Provides that, in order to encourage a State to establish a plan, Federal appropriations otherwise payable to the State pursuant to titles V and XIX of the Social Security Act are conditioned on the State's having in operation a Qualified State Healthcare Plan. Provides that individuals or families who are eligible to receive public cash assistance under a program financed in whole or in part by Federal funds will be enrolled in the State plan automatically, and without cost. Permits those individuals who are financially capable of procuring health insurance, but who are uninsurable because of poor health, to enroll in the State plan at their own expense; however, these individuals may not be charged more than the established rate for other individuals enrolled in that State plan. Provides that enrollment of other individuals and families who had low incomes the previous year (less than $8,000 for single individuals, less than $4,500 for a family of two, and less than $6,000 for a family of three or more) is voluntary. Allows such individuals and families to elect to be enrolled once each year and requires them to make contributions toward the cost of insuring their own health care, depending on the size of their family and the amount of their income. Provides that the premiums to be charged for each policy year under a State plan will be actuarially determined in each State, and for each family size risk category. Directs that if the established premiums are found to be unjustified within a particular State, the Secretary of Health, Education, and Welfare may direct a reduction in the Federal appropriation for that State's premium cost. States that each State has the primary obligation to provide the uncontributed premium cost for its plan; but if the State implements and utilizes controls which are designed to promote the delivery of lower-cost, higher-quality institutional health care services, if it exempts Qualified State Healthcare Plan transactions from State taxation, and if it eliminates discriminatory State tax treatment of health care insurers, then the State will receive Federal appropriations reimbursing it for a percentage of its total uncontributed premium cost. Provides that the base figure may be between 70 and 90 percent, depending on the State's per capita income, but further adjustments to this percentage may be made if institutional rates charged in any particular State for health care services are unjustifiably high in comparison with other States. Gives States the authority to review in advance the rates to be charged by health care institutions for their services, and to refuse to approve these rates for payment under the State plan. Controls the cost and quality of health care services provided by physicians and other medical practitioners in each State. Provides that a professional service, otherwise covered by these State plans, shall be reimbursed only if it falls within professionally established utilization guidelines or is found to be necessary health care by a qualified peer review committee. Asserts that no charge for a necessary service shall be reimbursed to the extent that it exceeds the prevailing charge in a locality for similar services. Provides that if the premiums collected and other monies received under the State plan are not sufficient to pay the claims incurred and the other costs of operating the State plan, the private underwriters of the plan shall bear the losses to the extent of 3 percent of the premiums collected for that year. Directs the State to bear the excess losses equal to the base Federal percentage for that State's premium costs. Provides that enrollment is not available to those individuals or families covered under a Qualified Employee Healthcare Plan. Makes provisions to protect the Federal government against having to bear such part of the cost of a Qualified State Healthcare Plan as may be attributable to a State's decision to have the plan provide greater benefits than the minimum required for qualification under title XX. Provides that applicants for enrollment in the State plan must provide and certify all information required to make an eligibility determination. States that any federal or State agency may be required to furnish information deemed by the administering carrier to be necessary to verify eligibility. Revises title V of the Social Security Act (Maternal and Child Health and Crippled Children's Services) to avoid unnecessary and costly duplication of federally subsidized health care programs. Excludes payment for items and services now covered under title V, if they also would be covered under a Qualified State Healthcare Plan. Provides that title V will continue to pay for items and services which are not covered by Qualified State Healthcare Plans. Revises section 1887 of title XVIII of the Social Security Act to remove existing limitations on Medicare Part B enrollment which prevent otherwise eligible State plan enrollees from qualifying for Qualified State Healthcare Plan to pay the premium for supplementary medical insurance benefits under Part B of title XVIII of the Social Security Act for individuals and families who are eligible to enroll in Part B program and who are also eligible to receive public cash assistance under a federally financed program. Revises section 1843 of title XVIII to allow a State to enter into an agreement with the Secretary of Health, Education, and Welfare pursuant to which all of these indigent State plan enrollees will be enrolled under the program established by Part B of title XVIII. Revises title XIX of the Social Security Act (Grants to States for Medical Assistance Programs) to avoid unnecessary and costly duplication of federally subsidized health care programs. Provides that on July 1, 1973, or upon a State's establishment of a Qualified State Healthcare Plan, whichever occurs first, payment for items and services now covered under title XIX would be excluded if they would be covered under a Qualified State Healthcare Plan. Directs that title XIX will continue to pay for items and services which are not covered by Qualified State Healthcare Plans. Establishes standards for strenghtening controls over the quality and cost to enrollees for health care service provided by physicians or other medical practitioners and for health care services rendered to State plan enrollees in health care institutions. Provides that these standards shall apply to determine "reasonable cost" under the existing federally subsidized health care programs established by title V, XVIII, and XIX of the Social Security Act. Requires that the premiums and other monies received pursuant to the operation of a Qualified State Healthcare Plan will, to the extent feasible, be invested by the administering carrier in interest-bearing obligations and other income-yielding securities. Exempts this interest or other income from Federal income taxation. Requires insurance carriers to pool their efforts and resources to insure that all individuals and families will receive higher-quality, lower-cost health care benefits. Provides that these carriers will not be subject to Federal or State antitrust legislation solely as a result of their efforts to comply with the provisions of title V of the bill.
United States · United States Congress · 3 January 1973
Hypodermic Needle and Syringe Control Act - Provides that it shall be unlawful for any person, other than a registered manufacturer, registered importer, registered wholesaler, registered dealer, licensed pharmacist, or licensed medical practitioner: (1) to engage in the business of importing, manufacturing, dispensing, selling, purchasing, or dealing in hypodermic needles or syringes if in the course of such business he ships, transports, or receives any hypodermic needle or syringe in interstate or foreign commerce; (2) to transport or cause to be transported any hypodermic needle or syringe in interstate or foreign commerce unless such person holds a lawfully issued prescription or medical certificate for such hypodermic needle or syringe or is otherwise authorized to possess it; or (3) to transfer, sell, trade, give, distribute, transport, or deliver any hypodermic needle or syringe to any person, other than a registered manufacturer, registered importer, registered wholesaler, registered dealer, licensed pharmacist, or licensed medical practitioner or any person who holds a lawfully issued prescription or medical certificate for such hypodermic needle or syringe or is otherwise authorized to possess it, whom the transferor knows or has reasonable cause to believe resides in any other State other than that in which the transferor resides (or other than that in which its place of business is located if the transferor is a corporation or other business entity). Makes it unlawful: (1) for any person in connection with the acquisition or attempted acquisition of any hypodermic needle or syringe from a registered manufacturer, registered importer, registered wholesaler, registered dealer, licensed pharmacist, or licensed medical practitioner knowingly to make any false or fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification, intended to deceive such transferor with respect to any fact material to the lawfulness of the sale or other disposition of such hypodermic needle or syringe; (2) for any registered manufacturer, registered importer, registered wholesaler, registered dealer or licensed pharmacist to sell, deliver, or distribute a hypodermic needle or syringe in any State where the purchase or possession by such transferee would be in violation of any State law or any local ordinance applicable at the place of sale, delivery, or other disposition, unless the licensee knows or has reasonable cause to believe that the purchase or possession would not be in violation of such State law or local ordinance; (3) for any person to transport or ship in interstate or foreign commerce any stolen or otherwise unlawfully obtained hypodermic needle or syringe, knowing or having reasonable cause to believe that such hypodermic needle or syringe was stolen or otherwise unlawfully obtained; (4) for any person to receive, conceal, store, barter, sell, or dispose of any hypodermic needle or syringe stolen or otherwise unlawfully obtained, knowing or having reasonable cause to believe that such hypodermic needle or syringe was stolen or otherwise unlawfully obtained; (5) for any person to bring into the United States or any possession thereof any hypodermic needle or syringe in violation of the provisions of this Act; or (6) for any registered manufacturer, registered importer, registered wholesaler, registered dealer, licensed pharmacist, or licensed medical practitioner knowingly to make any false entry in, to fail to make appropriate entry in, or to fail to properly maintain, any record which he is required to keep pursuant to this Act. Sets forth provisions for record-keeping and registration of hypodermic needles and syringes in keeping with the controls under this Act. Provides that registrations issued under this Act shall be kept posted and kept available for inspection on the premises covered by the registration. Provides that whoever violates any provision of this Act shall be fined not more than $5,000, or imprisoned not more than five years, or both, and shall become eligible for parole as the Board of Parole shall determine. Provides that whoever, with intent to commit therewith an offense punishable by imprisonment for a term exceeding one year, or with knowledge or reasonable cause to believe than an offense punishable by imprisonment for a term exceeding one year is to be committed therewith, ships, transports, or receives a hypodermic needle or syringe in interstate or foreign commerce shall be fined not more than $10,000, or imprisoned not more than ten years, or both. Provides that any hypodermic needle or syringe used in violation of this Act or any rule or regulation promulgated thereunder shall be subject to seizure and forfeiture. Authorizes to be appropriated such sums as may be necessary to carry out the purpose of this Act.
United States · United States Congress · 3 January 1973
National Medical Devices Standards Commission Act - Creates a twenty-member National Medical Devices Standards Commission to: (1) review quality controls and manufacturing procedures of medical devices, surgical instruments, artificial organs and limbs, therapeutic instruments and devices, and other medical and hospital equipment; (2) advise on such specific manufacturing practices and minimum performance standards as may be recommended to it by the President, the Secretary of Health, Education, and Welfare, the Commissioner of the Food and Drug Administration, or competent private medical authorities; (3) establish methods for determining constructive minimum performance standards for the research and design, and manufacture of such medical devices; (4) establish methods for determining the medical value of devices manufactured and the therapeutic consequences thereof; and (5) recommend to the President and to Congress methods for determining constructive minimum performance standards, and feasible methods for Federal regulation. Authorizes appropriations required to carry out the provisions of this Act.
United States · United States Congress · 3 January 1973
Makes unlawful the usage of diethylstilbestrol (DES) as a growth promotant. Provides for a fine of up to $50,000 or imprisonment for up to five years, or both, for violations of this Act.
United States · United States Congress · 3 January 1973
Provides, under title I of the Elementary and Secondary Education Act of 1965, for health care instruction designed to meet the special circumstances of migrant children.
United States · United States Congress · 3 January 1973
Authorizes the Administrator of Veterans' Affairs to construct a five hundred-bed general medical, surgical, and psychiatric Veterans' Administration hospital in the Halifax area of Volusia County, Florida. Authorizes appropriations of such sums as are necessary to carry out the provisions of this Act.
United States · United States Congress · 3 January 1973
Health Care Insurance Act - States it to be the purpose of this Act to make it possible for every individual to obtain comprehensive medical and hospitalization insurance of his choice designed to protect against ordinary and catastrophic expenses of illness regardless of prior medical history and on a guaranteed renewable basis. Creates a new title to the Social Security Act: Title XX: Federal Financing of Voluntary Health Insurance. Establishes for eligible beneficiaries and their dependents a program for the issuance of health insurance certificates of entitlement which shall operate to reduce or eliminate the cost to any individual of protection under a qualified health care insurance policy or plan of his choice. Provides that eligible beneficiaries under this title include: (1) a husband and his wife, both under age 65, living together; and (2) any person, under age 65, other than a married person living with his or her spouse where both are under age 65, who is not a dependent beneficiary. Defines a dependent beneficiary as any child or step-child of an eligible beneficiary who, during the base year of such eligible beneficiary, receives more than 50 percent of his support from such eligible beneficiary, and who at the close of such year has not attainted the age of twenty-one, or, if he is a full-time student, has not attained the age of twenty-three. Provides that every individual who is an eligible beneficiary shall be eligible to receive a health insurance certificate of entitlement, which shall be applicable in full or part payment of allowable premiums on a qualified health care insurance policy or plan. States that the value to be assigned to the health insurance certificate of entitlement shall be the sum of: (1) the allowable premiums for qualified health care insurance paid for basic coverage for the beneficiary's benefit year, multiplied by the applicable percentage factor ranging from 100 percent for persons with an income tax liability of $0 to 10 percent for persons with an income tax liability of $891 or over; and (2) 100 percent of the allowable premiums paid for the catastrophic expense coverage for the beneficiary's benefit year. Provides that the allowable premium which shall be taken into account in the assignment of value to a health insurance certificate of entitlement shall be that portion of the aggregate amount of premiums paid or payable by an eligible beneficiary for one or more qualified health care insurance policies or plans providing coverage for such eligible beneficiary and his dependent beneficiaries for a twelve-month period that represents the cost of the protection required in a qualified health care insurance policy or plan. Provides that a health insurance certificate of entitlement means a certificate issued by the Secretary to an eligible beneficiary to apply toward payment of premium on a qualified health care insurance policy or plan. Defines a "qualified health care insurance policy or plan" as a contractual agreement specifying benefits under a program offered by a qualified carrier, which carrier and program have been registered by the State insurance department or by such other agency as may be authorized by the State, and which provides: (1) basic coverage providing for all expenses incurred for institutional care, emergency and outpatient services, medical care, dental or oral surgery, and ambulance services; and (2) catastrophic expense coverage. Provides that hospital and medical benefits under the basic coverage shall be subject to payment by the beneficiary of: (1) $50 for costs incurred during each stay in the hospital or extended care facility as an inpatient; (2) 20 percent coinsurance on the first $500 of expenses incurred during the twelve-month policy period for the eligible beneficiary and his dependent beneficiaries combined for emergency room or outpatient services in the hospital; and (3) 20 percent coinsurance on the first $500 of medical expenses and the expenses of dental or oral surgery and ambulance services incurred during such policy period for the eligible beneficiary and his dependent beneficiaries combined. Provides that benefits payable under the catastrophic expense coverage in a qualified health care insurance policy or plan shall be subject to reduction for the twelve-month policy period. Establishes a Health Insurance Advisory Board to: (1) prescribe such regulations as may be necessary to carry out the purposes and provisions of this title; (2) establish minimum Federal standards for the use of State insurance departments in determining whether an insurance company and plan are qualified under this title; and (3) in consultation with carriers, providers of services, and consumers, plan and develop programs whose purposes are to provide for maintaining the quality of medical care, and the effective utilization of available financial resources, health manpower, and facilities, through utilization review, peer review, and other means which provide for the participation of the insurance carriers and the providers of services. Sets forth the qualifications of carriers under this Act. Establishes in the Treasury of the United States a trust fund to be known as the Federal Health Insurance Redemption Fund. Authorizes to be appropriated, from time to time out of moneys in the Treasury not otherwise appropriated, to the fund an amount equal to the aggregate amount of premiums paid under this title through the redemption of health insurance certificates issued pursuant to this Act. Provides that sums authorized to be appropriated pursuant to this section shall be considered premiums payable under this Act and deposited in such fund. Provides that certificates upon presentation to the Secretary of Health, Education, and Welfare shall be redeemed through payments from the fund.
United States · United States Congress · 3 January 1973
Health Care Insurance Act - Provides for, under the Social Security Act, medical and hospital care through a system of voluntary health insurance financed in whole for low-income groups through issuances of certificates, and in part for all other persons through allowance of tax credits. Adds to the Social Security Act a new title entitled Federal Financing of Voluntary Health Insurance. Provides that, for the purpose of providing assistance on behalf of the individuals and their dependents whose income and resources are insufficient to meet the costs of necessary medical and hospital services, there is established a program of hospital and medical benefits for any eligible beneficiary and his dependents through the issuance of health insurance certificates of entitlement which will be redeemable by the carrier by payment from the Federal Health Insurance Redemption Fund. Asserts that benefits claimed under this provision shall not be duplicated under any other programs financed in whole or in part by the Federal Government. Includes as eligible beneficiaries under this title any husband and wife both under age 65 and living together and any married person under age 65 who is not a dependent beneficiary. Defines a dependent beneficiary as any child of an eligible beneficiary receiving more than 50 percent of his support from the eligible beneficiary, which child is under 21, or if a student, under age 23. Provides that every individual who is an eligible beneficiary whose income results in no individual income tax liability during his base year, whose dependent beneficiaries have no such liability for their taxable years which end during his base year, and who is not eligible to receive military medical care, shall be eligible to receive a health insurance certificate of entitlement. Asserts that such certificates shall be applicable in full payment of allowable premiums for a qualified health care insurance policy or plan. Requires that such policy or plan shall provide protection for the eligible beneficiary and his dependent beneficiaries for a 12- month period beginning during his benefit year against the expenses of health care, including catastrophic expenses of illness. Defines the base year of an eligible beneficiary as his taxable year in respect to which is his entitlement to an insurance certificate is determined. Allows tax credits for health care insurance. Asserts that every individual who is an eligible beneficiary who has not elected, where eligible, to receive benefits under the provisions for fully-paid health care insurance for the low-income group and who is not eligible to receive military medical care, shall be allowed at his election: a credit against his income tax liability for his taxable year which ends during his base year; or a health insurance certificate on the basis of allowable premiums. Provides that a health insurance certificate of entitlement means a certificate issued by the Secretary of Health, Education and Welfare upon application to him by an eligible beneficiary to apply toward payment of the premium on a qualified health care insurance policy or plan. Specifies that a qualified health care insurance policy or plan shall be a contractual agreement specifying benefits under a program offered by a qualified carrier which has been registered by a State Agency and which provides basic institutional and medical coverage and catastrophic expense coverage. Declares that each such qualified health care insurance policy or plan shall be noncancellable and guaranteed renewable so long as the carrier continues to offer to the public one or more qualified health care insurance policies or plans, shall provide protection against the expense of health care without regard to any pre-existing conditions, and shall provide for payment under this title of usual and customary charges for services covered under the policy or plan. Stipulates what costs shall be included under basic institutional and medical coverage and under catastrophic expense coverage. Establishes deductibles for each of the two types of coverage. Creates a Health Insurance Advisory Board which shall consist of eleven persons including the Secretary of Health, Education, and Welfare and the Commissioner of the Internal Revenue Service, or their delegates. Directs that the remaining members, not otherwise in the employ of the Government, shall be appointed by the President, with the advice and consent of the Senate, without regard to the provisions of title 5, United States Code, governing appointment in the competitive service. Asserts that the Secretary of HEW shall serve as Chairman. Provides that the members shall be selected from persons who are specifically qualified to serve on such Board by virtue of their education, training, or experience. Provides that the Health Insurance Advisory Board shall perform such functions as: (1) prescribe such regulations as may be necessary to carry out the purposes and provisions of this Act; (2) establish minimum Federal standards for the use of State insurance departments in determining whether an insurance company and plan are qualified under this Act; (3) in consultation with carriers, providers of services, and consumers, plan and develop programs whose purposes are to provide for maintaining the quality of medical care; and (4) review the effectiveness of the tax credit program and file an annual report. Grants the States the power to decide which carriers are qualified. Forbids any Federal officer or employee to exercise any supervision or control over the practice of medicine or the manner in which medical services are provided, or over the selection, tenure, or compensation of any officer or employee or any institution, agency, or person providing health services; or to exercise any supervision control over the administration or operation of any such institution, agency, or person. Creates in the Treasury a trust fund to be known as the Federal Health Insurance Redemption Fund to consist in part of an amount equal to the aggregate amount of premiums paid under this title through the redemption of health insurance certificates.
United States · United States Congress · 3 January 1973
Requires that Public Health Service hospitals, Veterans' Administration hospitals, and hospitals receiving assistance under the Hill-Burton Act make available at cost to persons entitled to benefits under the medicare program of the Social Security Act prescription drugs not covered under that program, eyeglasses, and hearing aids.
United States · United States Congress · 3 January 1973
Eliminates all the deductibles, coinsurance, and time limitations presently applicable to benefits under title XVIII of the Social Security Act (Medicare). Eliminates medicare taxes as the method of financing hospital insurance benefits and premium payments as the method of financing supplementary medical insurance benefits so that all benefits under title XVIII will be financed under general revenues. Extends coverage under title XVIII to eye care, dental care, hearing aids, prescription drugs, prosthetics, and various other items not now covered.
United States · United States Congress · 3 January 1973
National Blood Bank Act - Establishes a National Blood Bank Program in the Department of Health, Education, and Welfare. Prescribes standards by which the Director of such program shall designate a group or organization as a national blood bank system, including the requirement that all member blood banks maintain a program for the recruitment of voluntary blood donors, and a system of accreditation for member blood banks. Provides that the Director shall, in order to assure an adequate supply of pure and safe blood throughout the Nation: (1) develop new procedures, materials, and techniques to inform the public of the need to voluntarily donate blood; (2) provide direct assistance to establish an adequate supply of voluntary blood in those parts of the country where it is presently unavailable; (3) develop a national program to honor and recognize all voluntary donors; and (4) establish yearly goals of voluntary donors for each blood bank. Provides that the Director shall maintain a registry of all persons who give blood after July 1, 1973, to a licensed blood bank. Provides that blood banks affected by this Act must be licensed by the Director subject to a fee of not more than $125 per annum and subject to periodic inspection by the Director. Requires the Director to issue such license when such blood bank agrees to require identification of each blood donor, agrees to transmit to the Director such information as the Director may require and when the application therefor contains or is accompanied by such information as the Director finds necessary and the applicant agrees and the Director determines that the blood bank will be operated in accordance with standards the Director issues to carry out the purposes of this Act. Authorizes the Director to sue in the United States district court to enjoin any activity by a blood bank licensed under this Act which would constitute an imminent hazard to the public health. Provides for appeal from, and review of, such proceedings. Provides that a willful violation of the provisions of this Act shall be a misdemeanor punishable by imprisonment for not more than one year or a fine of not more than $1,000, or both. Establishes an Advisory Council to the Director appointed by the President to make recommendations to the Director on means of attaining the goals of the program. Provides that, notwithstanding any antitrust law, a national blood bank system may exclude or reject from membership in such system any blood bank which does not qualify for tax-exempt status under the Internal Revenue Code. Requires the United States to contract for, or pay for, the provision of blood from a Class A Blood Bank, defined under this Act as part of a national blood bank system. Authorizes to be appropriated $10,000,000 for fiscal year 1974, $10,000,000 for fiscal year 1975, and $10,000,000 for fiscal year 1976, to carry out the provisions of this Act. Allows an employee of the Government of the District of Columbia to be excused from duty without loss of pay or deduction from annual leave for the time necessary for him to donate blood in blood collection programs carried out under the national blood bank program.
United States · United States Congress · 3 January 1973
Prohibits, under title XIX (Medicaid) of the Social Security Act, the imposition of any deduction, cost sharing, coinsurance, enrollment fee, premium, or similar charge with respect to individuals receiving services under a State plan for medical assistance.
United States · United States Congress · 3 January 1973
Authorizes the Administrator of Veterans' Affairs to construct a Veterans' Administration general medical and surgical hospital in Jacksonville, Florida, and to secure the cooperation of the University of Florida College of Medicine in its training and education of medical students in Jacksonville.
United States · United States Congress · 3 January 1973
National Blood Bank Act - Establishes a National Blood Bank Program in the Department of Health, Education, and Welfare. Prescribes standards by which the Director of such program shall designate a group or organization as a national blood bank system, including the requirement that all member blood banks maintain a program for the recruitment of voluntary blood donors, and a system of accreditation for member blood banks. Provides that the Director shall, in order to assure an adequate supply of pure and safe blood throughout the Nation: (1) develop new procedures, materials, and techniques to inform the public of the need to voluntarily donate blood; (2) provide direct assistance to establish an adequate supply of voluntary blood in those parts of the country where it is presently unavailable; (3) develop a national program to honor and recognize all voluntary donors; and (4) establish yearly goals of voluntary donors for each blood bank. Provides that the Director shall maintain a registry of all persons who give blood after July 1, 972, to a licensed blood bank. Provides that blood banks affected by this Act must be licensed by the Director subject to a fee of not more than $125 per annum and subject to periodic inspection by the Director. Requires the Director to issue such license when such blood bank agrees to require identification of each blood donor, agrees to transmit to the Director such information as the Director may require and when the application therefor contains or is accompanied by such information as the Director finds necessary and the applicant agrees and the Director determines that the blood bank will be operated in accordance with standards the Director issues to carry out the purposes of this Act. Authorizes the Director to sue in the United States district court to enjoin any activity by a blood bank licensed under this Act which would constitute an imminent hazard to the public health. Provides for appeal from, and review of, such proceedings. Provides that a willful violation of the provisions of this Act shall be a misdemeanor punishable by imprisonment for not more than one year or a fine of not more than $1,000, or both. Establishes an Advisory Council to the Director appointed by the President to make recommendations to the Director on means of attaining the goals of the Program. Provides that, notwithstanding any antitrust law, a national blood bank system may exclude or reject from membership in such system any blood bank which does not qualify for tax-exempt status under the Internal Revenue Code. Requires the United States to contract for, or pay for, the provision of blood from a Class A Blood Bank, defined under this Act as part of a national blood bank system. Authorizes to be appropriated $10,000,000 for fiscal year 1974, $10,000,000 for fiscal year 1975, and $10,000,000 for fiscal year 1976, to carry out the provisions of this Act.
United States · United States Congress · 3 January 1973
Authorizes the Surgeon General to provide Federal assistance for special projects to demonstrate the effectiveness of programs to provide emergency care for heart attack victims by cardiologists and other trained persons in specially equipped ambulances. Provides that not more than 2 percent of the funds appropriated to carry out title IX of the Public Health Service Act shall be used to carry out the provisions of this Act. (Adds 42 U.S.C. 299h)
United States · United States Congress · 3 January 1973
Rehabilitation Act - Declares that it is the purpose of this Act to provide a statutory basis for the Rehabilitation Service Administration and to establish within the Department of Health, Education and Welfare an Office for the Handicapped, and to authorize specified programs. Establishes within the Department of Health, Education, and Welfare a Rehabilitation Services Administration which shall be administered by a Commissioner. Provides that the Commissioner shall carry out and administer all programs and direct the performance of all services for which authority is provided to the Secretary of H.E.W. under titles I through IV of this Act. Creates within such administration a Division of Research, Training and Evaluation which shall be responsible for carrying out programs and projects under title IV of this Act. Authorizes the inclusion of appropriations under this Act in appropriations for the fiscal year preceding the fiscal year for which they are available for obligation. Provides that where funds are provided for a single project by more than one Federal agency to an agency or organization assisted under this Act, the Federal agency principally involved may be designated to act for all in administering such funds, pursuant to regulations prescribed by the President. Sets forth definitions of terms used in this Act. Title I: Vocational Rehabilitation Services - States it to be the purpose of this title to authorize grants to assist States to meet the current and future needs of handicapped individuals, so that such individuals may prepare for and engage in gainful employment to the extent of their capabilities. Authorizes to be appropriated $800,000,000 for fiscal year 1973, and $975,000,000 for fiscal year 1974 for the purpose of making grants to States to assist them in meeting the costs of vocational rehabilitation services. Authorizes to be appropriated $50,000,000 for fiscal year 1973, $60,000,000 for fiscal year 1974, and $75,000,000 for fiscal year 1975, for the purpose of making grants to States and public and nonprofit agencies to assist them in meeting the costs of projects to initiate or expand services to handicapped individuals. Sets forth the requirements of State plans to be submitted and approved for participation in programs under this title and under title II of this Act. Authorizes judicial review in United States district courts of decisions by the Commissioner of the Rehabilitation Services Administration affecting State plans. Provides that the Commissioner shall insure that the individualized written rehabilitation program required in a State plan in the case of each handicapped individual shall be developed jointly by the vocational rehabilitation counselor or coordinator and the handicapped individual. Defines vocational rehabilitation services provided under this Act as any goods or services necessary to render a handicapped individual employable, including, but not limited to, the following: (1) evaluation of rehabilitation potential; (2) counseling, guidance, referral, and placement services for handicapped individuals; (3) vocational and other training services for handicapped individuals; (4) physical and mental restoration services; (5) maintenance, not exceeding the estimated cost of subsistence, during rehabilitation; (6) interpreter services for the deaf, and reader services for the blind; (7) recruitment and training services for handicapped individuals; (8) rehabilitation teaching services and orientation and mobility services for the blind; (9) occupational licenses, tools, equipment, and initial stocks and supplies; (10) transportation in connection with the rendering of any vocational rehabilitation services; and (11) telecommunications, sensory, and other technological aids and devices. Provides a formula for the allotment and payment of funds to States for providing rehabilitation services under this title. Directs the Commissioner to establish offices in ten to twenty geographically dispersed regions for client assistance pilot projects to provide counselors to inform and advise all clients and client applicants in the project area of all available benefits under this Act and to assist them in their relationships with projects, programs, and facilities providing services to them under this Act. Directs the Commissioner to pay to a State or, at the option of the State, to a public or nonprofit organization or agency a portion of the cost of planning, preparing for, and initiating special programs under the State plan to expand vocational rehabilitation services. Title II: Comprehensive Rehabilitation Services - States it to be the purpose of this title to authorize grants to assist the several States in developing and implementing continuing plans for meeting the current and future needs of handicapped individuals for whom a vocational goal is not possible or feasible authorizes to be appropriated $30,000,000 for fiscal year 1973, $50,000,000 for fiscal year 1974, and $80,000,000 for fiscal year 1975 for grants to carry out the purposes of this title. Specifies the formula to be utilized in alloting such funds to the States. Directs the Commissioner to make grants to States and public and nonprofit agencies or organizations to pay part of the cost of projects for research and demonstration and training which hold promise of making a substantial contribution to the solution of problems related to the rehabilitation of individuals under this title. Title III: Special Federal Responsibilities Authorizes the Commissioner to make grants and contracts to assist in meeting the costs of construction of public or nonprofit rehabilitation facilities, initial staffing, and planning assistance. Authorizes to be appropriated for such grants and contracts $35,000,000 for fiscal year 1973, $40,000,000 for fiscal year 1974, and $45,000,000 for fiscal year 1975. Authorizes the Commissioner to make grants to States and public or nonprofit organizations and agencies to pay up to 90 percent of the cost of projects for providing vocational training services to handicapped individuals, especially those with the most severe handicaps, in public or nonprofit rehabilitation facilities. Authorizes to be appropriated for such grants and contracts $30,000,000 for fiscal year 1973, $35,000,000 for fiscal year 1974, and $40,000,000 for fiscal year 1975. Authorizes the Commissioner to insure up to 100 percent of any mortgage on the construction of facilities for programs for handicapped individuals. Creates a Rehabilitation Facilities Insurance Fund to be used by the Commissioner as a revolving fund for carrying out the insurance provisions of this part. Provides that the total amount of outstanding mortgages shall not exceed $250,000,000. Authorizes to be appropriated such sums as may be necessary for initial capital for such Fund. Authorizes the Commissioner to make annual interest grants to assist States and public or nonprofit agencies and organizations to reduce the cost of borrowing from other sources for the construction of rehabilitation facilities. Authorizes to be appropriated such sums as may be necessary for the payment of annual interest grants in accordance with this part. Authorizes the Commissioner to make grants to States and public or nonprofit agencies and organizations for paying part of the cost of special projects and demonstrations: (1) for establishing facilities and providing services which hold promise of expanding or otherwise improving rehabilitation services to handicapped individuals, especially those with the most severe handicaps; and (2) for applying new types or patterns of service or devices. Allows the Commissioner to make grants to pay up to 90 percent of the cost of projects or demonstrations for the provision of vocational or comprehensive rehabilitation services to handicappped individuals who are migratory agricultural workers or seasonal farmworkers, and to members of their families who are with them. Provides that the Commissioner may make contracts or jointly finance cooperative arrangements with employers and organizations for the establishment of projects designed to prepare handicapped individuals for gainful and suitable employment in the competitive labor market under which such handicapped individuals are provided training and employment in a realistic work setting and such other services as may be necessary for such individuals to continue to engage in such employment. Authorizes the Commissioner to provide technical assistance to rehabilitation facilities, and for the purpose of removal of architectural and transportation barriers, to any public or nonprofit agency, institution, organization or facility. Authorizes to be appropriated, for the purpose of making grants under this part, $50,000,000 for fiscal year 1973, $125,000,000 for fiscal year 1974, and $150,000,000 for fiscal year 1975. Authorizes to be appropriated $5,000,000 for construction, $800,000 for operations for fiscal year 1973, $1,200,000 for operations for fiscal year 1974, and $2,000,000 for operations for fiscal year 1975, for establishing and operating a National Center for Deaf-Blind Youths and Adults. Authorizes to be appropriated $2,000,000 for fiscal year 1973, $4,000,000 for fiscal 1974, and $7,000,000 for fiscal year 1975 and for making grants and contracts for the expansion and improvement of vocational or comprehensive rehabilitation services for deaf and blind individuals. Authorizes to be appropriated, for the purpose of establishing and operating National Centers for Spinal Cord Injuries, $15,000,000 for fiscal year 1973, $25,000,000 for fiscal year 1974, and $30,000,000 for fiscal year 1975. Authorizes to be appropriated, for providing services for the treatment of individuals suffering from end-stage renal disease, $25,000,000 for fiscal year 1973, $25,000,000 for fiscal year 1974, and $25,000,000 for fiscal year 1975. Establishes a National Advisory Council on Rehabilitation of Handicapped Individuals in the Department of Health, Education, and Welfare to: (1) provide policy advice and consultation to the Secretary of Health, Education, and Welfare, and the Commissioner; (2) review the administration and operation of vocational rehabilitation programs under this Act; and (3) advise the Secretary and the Commissioner with respect to the conduct of independent evaluations of programs carried out under this Act. Authorizes appropriations of $100,000 for fiscal year 1973 and $150,000 for each of fiscal years 1974 and 1975 to carry out the functions of the Council. Title IV: Research and Training - Authorizes the Commissioner to make grants to and contracts with States and public or nonprofit agencies and organizations to pay part of the cost of projects for the purpose of planning and conducting research, demonstrations, and related activities, which bear directly on the development of methods, procedures, and devices to assist in the provision of vocational and comprehensive rehabilitation services to handicapped individuals, especially those with the most severe handicaps. Authorizes to be appropriated for such research activities $75,000,000 for fiscal year 1973, $100,000,000 for fiscal year 1974, and $150,000,000 for fiscal year 1975. Authorizes the Commissioner to make grants to and contracts with States and public and nonprofit agencies and organizations to pay part of the cost of projects for training, traineeships, and related activities designed to assist in increasing the numbers of personnel trained in providing vocational and comprehensive rehabilitation services to handicapped individuals and in performing other functions necessary to the development of such services. Authorizes to be appropriated for such training grants $50,000,000 for fiscal year 1973, $75,000,000 for fiscal year 1974, and $100,000,000 for fiscal year 1975. Title V: Administration and Program and Project Evaluation - Provides that, in carrying out his duties under this Act, the Commissioner shall: (1) cooperate with, and render technical assistance to States in matters relating to the rehabilitation of handicapped individuals; (2) provide short-term training and instruction in technical matters relating to vocational and comprehensive rehabilitation services; and (3) disseminate information relating to vocational and comprehensive rehabilitation services, and otherwise promote the cause of the rehabilitation of handicapped individuals and their greater utilization in gainful and suitable employment. Directs the Secretary to measure and evaluate the impact of all programs authorized by this Act. Title VI: Office for the Handicapped - Establishes an Office for the Handicapped in the Department of Health, Education, and Welfare to: (1) prepare a long-range projection for the provisions of comprehensive services to handicapped individuals; (2) analyze program operations; (3) encourage coordinated and cooperative planning; (4) provide assistance to other committees advising the Secretary; (5) develop means of promoting scientific research to bring about the full integration of handicapped individuals into all aspects of society; and (6) provide a central clearinghouse for information and resource availability for handicapped individuals. Authorizes to be appropriated for purposes of this title $1,000,000 for fiscal year 1973, $2,000,000 for fiscal year 1974, and $2,000,000 for fiscal year 1975. Title VII: Miscellaneous - Provides that the Vocational Rehabilitation Act is repealed ninety days after the date of enactment of this Act. Establishes an Interagency Committee on Handicapped Employees to insure the adequacy of hiring, placement, and advancement practices with respect to handicapped individuals by each department, agency, and instrumentality of the executive branch of Government. Establishes a National Commission on Transportation and Housing for Handicapped Individuals to identify and eliminate transportation barriers that impede the mobility of handicapped individuals and aged handicapped individuals, and to prepare plans and proposals for such further action as may be necessary to the goals of adequate transportation and housing for handicapped individuals. Establishes an Architectural and Transportation Barriers Compliance Board to investigate and examine alternative approaches to the architectural, transportation, and attitudinal barriers confronting handicapped individuals. Authorizes appropriations of $1,000,000 for fiscal year 1973; $1,250,000 for fiscal year 1974; and $1,500,000 for fiscal year 1975 to carry out the duties and functions of the Board.
United States · United States Congress · 3 January 1973
Emergency Medical Services Act - Authorizes the Secretary of Health, Education, and Welfare to make grants to public and other nonprofit entities for projects to study the feasibility of and plan the establishment and operation of an emergency medical service system for an area. Defines such a system in terms of personnel, facilities, equipment, and service. Authorizes the Secretary of each military department to enter into agreements with such system to provide transportation and other services in emergency conditions. Requires applications for planning grants to demonstrate the need of the area for an emergency medical service system, and to contain assurances that the applicant is qualified for plan. Authorizes appropriations for such program of $5,000,000 for fiscal year 1973, and $10,000,000,000 for fiscal year 1974. Sets conditions for grants for the establishment and initial operation of such systems, and authorizes to be appropriated a total of $190,000,000 for fiscal years 1973, 1974, and 1975. Authorizes the Secretary to make grants to schools of medicine, dentistry and osteopathy and to other educational institutions for research and training programs in the techniques and methods of medical emergency care and treatment. Authorizes to be appropriated for such grants $10,000,000 for fiscal year 1973 and $20,000,000 for fiscal year 1974. Provides that the Secretary shall establish an Interagency Technical Committee on Emergency Medical Services to evaluate the adequacy of all Federal programs and activities which relate to emergency medical services, and to assist in coordinating such programs.
United States · United States Congress · 3 January 1973
Diseased Pet Act - Authorizes the Secretary of Health, Education, and Welfare to issue appropriate regulations to prohibit or restrict the sale or transportation, or other distribution in interstate commerce, of live creatures intended to be pets in order to prevent or reduce the transmission of diseases to human beings. Exempts from this Act animals or other creatures sold or transported or otherwise distributed in interstate commerce for zoological, medical, educational, scientific, industrial, or research purposes, or for human or animal food. Prescribes a fine of not more than $1,000, or imprisonment for not more than six months, or both, for violation of the regulations promulgated under this Act, and authorizes the obtaining of injunctions against prospective violations of the Act.
United States · United States Congress · 3 January 1973
Title I: Office of Rural Health Care - Establishes within the Department of Health, Education and Welfare an Office of Rural Health Care. Provides that such office shall be utilized by the Secretary of Health, Education and Welfare to: (1) administer all Federal laws for which the Secretary has administrative responsibility and which provide for or authorize the making of, grants to health care programs in rural areas; (2) provide a liaison with the activities carried on by other Federal agencies relating to health care programs in rural areas; and (3) coordinate training for necessary manpower for health care programs in rural areas. Requires the placing of representatives of the Office in each regional office of the Department of Health, Education, and Welfare for the purpose of providing technical assistance to rural communities and to entities and individuals interested in the improvement of health care in rural areas. Title II: National Council on Rural Health - Directs the Secretary to appoint a National Council on Rural Health. Provides that such Council shall study and report within twenty-four months of its appointment to the Secretary and the Congress on: (1) the health of persons residing in rural areas of the United States; (2) health care delivery to such persons; and (3) the extent of Federal involvement in the improvement of the health of such persons and health care delivery for them.
United States · United States Congress · 3 January 1973
Health Maintenance Organization Act - Defines health maintenance organization as a public or private entity organized to provide basic and supplemental health services to its members. States that each member of such organization is to be provided basic health services for a basic health services payment which: (1) is to be paid on a regular basis without regard to the dates such services are provided; (2) is fixed without regard to the frequency, extent, or kind of health service furnished; and (3) is established under a community rating system. Authorizes the Secretary of Health, Education, and Welfare to make grants to, and enter into contracts with, public or nonprofit private entities for projects for surveys or other activities to determine the feasibility of developing or expanding health maintenance organizations which will serve residents of medically underserved areas. Provides that no grant may be made under this Act unless an application therefor has been submitted to, and approved by, the Secretary. States that such application shall be in such form, and submitted in such manner, as the Secretary shall by regulation provide. States that, in considering applications for feasibility grants and contract proposals under this Act, the Secretary shall give priority to applications and contract proposals for projects and health maintenance organizations which will serve residents of medically underserved areas. Provides that, if a feasibility project has been assisted with a grant or contract under this Act, the Secretary may not make any other grant or enter into any other contract for such project. Stipulates that any project under this Act must be completed within twelve months from the date the grant is made or contract entered into. Provides that the amount to be paid by the United States for a feasibility grant made, or contract entered into, under this Act shall be determined by the Secretary except that the amount to be paid by the United States for any single grant or contract shall not exceed $50,000 or 90 percent of the project cost. Authorizes $6,000,000 to be appropriated for fiscal 1973 and $1,500,000 to be appropriated for fiscal 1974 for the purpose of making payments pursuant to grants and contracts under this Act. Authorizes the Secretary to make grants to and enter into contracts with public or nonprofit private entities, and to make loans to public entities, for planning projects for the establishment of health maintenance organizations or for significant expansion of the membership of, or area served by, health maintenance organizations. Allows the Secretary to guarantee to non-Federal lenders payment of the principal of and the interest on loans made to any private entity for such a planning project. States that, in considering applications for grants and contract proposals for planning projects under this section, the Secretary shall give priority to applications and contract proposals for projects for health maintenance organizations which will serve residents of medically underserved areas. Provides that the Federal share of such planning project grants or contracts shall not exceed $125,000 or 90 percent of the cost of such project. Provides that the amounts to be paid by the United States for any initial development project for a health maintenance organization under any grant or contract, or both when added to the amount of principal of any loans made or guaranteed under this Act for such project may not exceed the lesser of: (1) $1,000,000 or the product of $25 and the number of members that the health maintenance organization will have when it first becomes operational after its establishment or expansion, whichever is the greater; or (2) an amount equal to the greater of: (a) 90 percent of the cost of such project; or (b) in the case of a project for a health maintenance organization which will serve residents of a medically underserved area, up to 100 percent of such cost. Authorizes the appropriation of specified amounts for grants and loans for planning projects and initial development projects. Authorizes the Secretary to make loans and loan guarantees to assist in meeting the costs of construction projects for outpatient facilities and hospitals for health maintenance organizations. Authorizes an aggregate of $30,000,000 to be appropriated for fiscal years 1973 to 1975 to carry out the purposes of this section. Authorizes grants for the enrollment of indigent persons in health maintenance organizations. Prescribes specific requirements to be met by an organization applying for such a grant. States that the amount of any grant under this section shall be determined by the Secretary, except that no grant shall exceed 50 percent of the annual income of such organization. Authorizes an appropriation of $2,500,000 for fiscal year 1973, $9,500,000 for fiscal year 1974, $20,000,000 for fiscal year 1975, $24,000,000 for fiscal year 1976, and $15,000,000 for fiscal year 1977 in order to carry out the provisions of this section. Establishes and makes requirements for the following health maintenance organization projects: (1) demonstration grants and contracts for service in rural medically underserved areas and for enrollment of high risk individuals; (2) specified special project grants and contracts; and (3) grants for health maintenance organization management training. Provides that the Secretary shall evaluate all health maintenance organization projects established under this Act and make the results of such evaluation available to the general public and to the Congress on at least an annual basis. Provides that the United States shall be entitled to recover from an applicant for a loan guarantee under this title the amount of any payment made pursuant to such guarantee, unless the Secretary for good cause waives such right of recovery. States that guarantees of loans under this Act shall be subject to such terms and conditions as the Secretary determines to be necessary to assure that the purposes of this Act will be carried out. Authorizes the Secretary, with due regard to the financial interests of the United States, to sell loans made by him under this title. Establishes within the Treasury a loan guarantee fund which shall be available to the Secretary without fiscal year limitation, in such amounts as may be specified from time to time in appropriation Acts, to enable him to discharge his responsibilities under loan guaranties issued by him under this Act. Established programs for protecting health maintenance organizations against: (1) insolvency; (2) the cost of providing unusual amounts of health services or providing out-of-area health services; and (3) unusual losses. Provides that, if a State or political subdivision of a State refuses to permit a health maintenance organization to do business in such State because of a failure to meet local requirements, the Secretary may bring a civil action in the United States district court for the district in which such health maintenance organization is located to enforce compliance with this Act. Establishes a National Advisory Council on Health Maintenance Organizations to advise and assist the Secretary in carrying out his responsibilities under this Act. Requires the Secretary to make an annual report to the Congress on the programs of assistance under this Act.
United States · United States Congress · 3 January 1973
Bill of Rights for the Mentally Retarded - States that the purpose of this Act is to establish standards which assure the humane care, treatment, habilitation, and protection of the mentally retarded in residential facilities, and to improve the system for the provision of services to the mentally retarded through the encouragement of and support for the planning and development of strategies to implement such standards, minimize inappropriate admissions to residential facilities and stimulate the development of regional and community programs integrating such residential facilities which conform to such standards. Provides for a new title to the Public Health Service Act: Title XI: Support of Residential Facilities for the Mentally Retarded - Authorizes the Secretary of Health, Education, and Welfare to make grants to States to aid them with the cost of bringing existing residential facilities into compliance with the standards established under this Act, and to improve existing residential facilities for the mentally retarded. Authorizes to be appropriated $30,000,000 ($15,000,000 for each program) for fiscal year 1973, and for each of the next two succeeding fiscal years, for such grants. Authorizes to be appropriated such sums as may be necessary to enable the Secretary to make grants to States for the purpose of assisting States in meeting the expenses for bringing publicly operated facilities and publicly assisted facilities into conformity with the standards established by this Act. Stipulates that any State desiring to receive such a grant shall submit a plan to the Secretary setting forth a schedule for compliance with such standards. Provides that the total of the grants with respect to any such project bringing facilities into conformity with the standards imposed by this Act may not exceed 75 percent of the necessary cost thereof as determined by the Secretary. Requires, within five years after the date of enactment of this Act, that no residential facility for the mentally retarded shall be eligible to receive payments either directly or indirectly under any Federal law, unless such facility meets the standards promulgated under this Act. Authorizes the Secretary to make grants to any public or private non-profit agency, organization or institution to meet the costs of development, improvement, extension, or expansion of community resources and community living situations for the mentally retarded other than live-in-residential facilities for the mentally retarded. Establishes a National Advisory Council on Standards for Residential Facilities for the Mentally Retarded to: (1) advise the Secretary with respect to any regulations promulgated or proposed in the implementation of the standards established under this Act; (2) study and evaluate such standards authorized by this Act; and (3) recommend to the Secretary any changes, revisions, modifications, or improvements in the standards established under this Act. Provides that the ultimate aim of the residential facility shall be to foster those behaviors that maximize the human qualities of the resident, increase the complexity of his behavior, and enhance his ability to cope with his environment. Requires such facilities to be located within, and conveniently accessible to, the population served, so as to have access to necessary generic community services. Provides that the facility and the surrounding community should be encouraged to share their services and resources on a reciprocal basis. Provides that residents of the facility should be integrated to the greatest possible extent with the general population. Provides that the facility shall have a written outline of the philosophy, objectives, and goals it is striving to achieve. Requires such outline to be available for distribution to staff, consumer representatives, and the interested public. Provides that the governing body of the facility shall exercise general direction and shall establish policies concerning the operation of the individuals served. Provides that the administration of the facility shall provide for effective staff and resident participation and communication. Requires the facility to designate a percentage of its operating budget for self-renewal purposes. Provides that the facility shall have a description of services for residents that is available to the public. Provides that the facility shall provide for meaningful and extensive consumer-representative and public participation. Provides that a public education and information program should be established that utilizes all communication media, and all service, religious and civil groups, to develop attitudes of understanding and acceptance of mentally retarded persons in all aspects of community living. Provides that admission and release procedures shall: (1) encourage voluntary admission; (2) give equal priority to persons of comparable need; (3) facilitate emergency, partial, and short-term residential care; and (4) utilize the maximum feasible amount of voluntariness in each individual case. Authorizes the residential facility to admit only residents who have had a comprehensive evaluation. Provides that all admissions to the residential facility shall be considered temporary. Provides that there shall be a regular, at least annual, joint review of the status of each resident by all relevant personnel. Provides that at the time of permanent release or transfer there shall be recorded a summary of findings, progress, and plans for protective supervision and other followup services in the resident's new environment. Provides that the performance of each employee of the facility shall be evaluated at least annually. Provides that staffing shall be sufficient so that the facility is not dependent upon the use of residents or volunteers for productive services. Provides that food services shall recognize and provide for the physiological, emotional, and cultural needs of each resident, through provision of a planned, nutritionally adequate diet. Provides that each resident shall have an adequate allowance of neat, clean, fashionable, and seasonable clothing. Provides that residents shall be trained to exercise maximum independence in health, hygiene, and grooming practices. Provides that living unit components or groupings shall be small enough to insure the development of meaningful interpersonal relationships among residents and between residents and staff. Requires dental services to be provided all residents in order to maximize their general health by maintaining an optimal level of daily oral health, through preventive measures and correcting existing oral diseases. Provides that educational services, defined as deliberate attempts to facilitate the intellectual, sensorimotor, and affective development of the individual, shall be available to all residents, regardless of chronological age, degree of retardation, or accompanying disabilities or handicaps. Provides that food and nutrition services shall be provided in order to: (1) insure optimal nutritional status of each resident, thereby enhancing his physical, emotional, and social well-being; and (2) provide a nutritionally adequate diet, in a form consistent with developmental level, to meet the dietary needs of each resident. Makes library services, which include the location, acquisition, organization, utilization, retrieval, and delivery of materials in a variety of media, available to the facility, in order to support and strengthen its total habilitation program by providing complete and integrated multimedia information services to both staff and residents. Provides that medical services shall be provided in order to: (1) achieve and maintain an optimal level of general health for each resident; (2) maximize normal function and prevent disability; and (3) facilitate the optimal development of each resident. Provides that residents shall be provided with nursing services, in accordance with their needs, in order to: (1) develop and maintain an environment that will meet their total health needs; (2) foster optimal health; (3) encourage maximum self-care and independence; and (4) provide skilled nursing care. Provides that, where appropriate to the facility, there shall be a pharmacy and therapeutics committee, that includes one or more pharmacists, to develop policy on drug usage in the facility, and to develop and maintain a current formulary. Provides that physical and occupational therapy services shall be provided in order to: (1) prevent abnormal development and further disability; (2) facilitate the optimal development of each resident; and (3) enable the resident to be a contributing and participating member of the community in which he resides. Requires psychological services be provided in order to facilitate, through the application of psychological principles, techniques, and skills, the optimal development of each resident. Provides that recreation services should provide each resident with a program of activities that: (1) promotes physical and mental health; (2) promotes optimal sensorimotor, cognitive, affective, and social development; (3) encourages movement from dependent to independent and interdependent functioning; and (4) provides for the enjoyable use of leisure time. Make religious services available to residents, in accorance with their basic right to freedom of religion. Provides that all social services shall be available to all residents and their families in order to foster and facilitate: (1) maximum personal and social development of the resident; (2) positive family functioning; and (3) effective and satisfying social and community relationships. Provides that speech pathology and audiology services shall be available, in order to: (1) maximize the communications skills of all residents; and (2) provide for the evaluation, counseling, treatment, and rehabilitation of those residents with speech, hearing and/or language handicaps. Requires each facility to provide all its residents with rehabilitation services, which include the establishment, maintenance, and implementation of those programs that will ensure the optimal development or restoration of each resident physically, psychologically, socially and vocationally. Provides that volunteer services shall be provided in order to enhance opportunities for the fullest realization of the potential of each resident by: (1) increasing the amount, and improving the quality, of services and programs; and (2) facilitating positive relationships between the facility and the community which it serves. Provides that a record shall be maintained for each resident that is adequate for: (1) planning and continuous evaluating of the resident's habitation program; (2) providing a means of communication among all persons contributing to the resident's habilitation program; (3) furnishing documentary evidence of the resident's progress and of his response to his habilitation program; (4) serving as a basis for review, study, and evaluation of the overall programs provided by the facility for its residents; (5) protecting the legal rights of the residents, facility, and staff; and (6) providing data for use in research and education. Provides that the administration of the facility shall make provision for the design and conduct, or the supervision, of research that will objectively evaluate the effectiveness of program components and contribute to informed decisionmaking in the facility. Provides that the requirements of the Secretary shall be met, with specific reference to the following: (1) provision of adequate and alternate exits and doors; (2) provision of exit ramps, with nonskid surface and slope not exceeding one foot in twelve; and (3) provision for handrails on stairways. Provides that there shall be records that document strict compliance with the sanitation, health, and environmental safety codes of the State or local authorities having primary jurisdiction over the facility. Provides that adequate, modern administrative support shall be provided to efficiently meet the needs of, and contribute to, program services for residents, and to facilitate attainment of the goals and objectives of the facility. Provides that funds shall be budgeted and spent in accordance with the principles and procedures of program budgeting. Provides that there shall be written purchasing policies regarding authority and approvals for supplies, services, and equipment.
United States · United States Congress · 3 January 1973
Health Security Act - Title I: Health Security Benefits - Provides that every resident of the U.S. (and every non-resident citizen when in the U.S.) will be eligible for covered services. Permits reciprocal and "buy-in" agreements for groups of non-resident aliens, and in some cases benefits to U.S. residents when visiting in other countries. Entitles every eligible person to have payments made by the Health Security Board for covered services provided within the United States by a participating provider. Provides that all necessary professional services of physicians, wherever furnished are covered, including preventive care, with two important restrictions: (1) specialist services are covered only when performed by a qualified specialist except in emergency situations, and generally only on referral from a primary physician; and (2) psychiatric services to an ambulatory patient are covered only for active preventive, diagnostic, therapeutic or rehabilitative service with respect to mental illness. Provides that comprehensive dental services (exclusive of most orthodontic services) are covered for children under age 15, with the covered age group increasing by two years each year until all those under age 25 are covered. Provides that: (1) inpatient and outpatient hospital services and services of a home health agency are covered without arbitrary limitation; (2) pathology and radiology services are specifically included as parts of institutional services; and (3) custodial care is specifically excluded in specified institutional settings. Limits payment for skilled nursing home care to 120 days per spell of illness, except that this limit may be increased when the nursing home is owned or managed by a hospital and payment for care is made through the hospital's budget. Limits the psychiatric hospital benefit to 45 consecutive days of active treatment during a spell of illness. Provides coverage for two categories of drug use: prescribed medicines administered to inpatients or outpatients within participating hospitals; or to enrollees of comprehensive health service organizations, and drugs necessary for the treatment of specified chronic illnesses or conditions requiring long or expensive therapy. Requires the Board and the Secretary of Health, Education, and Welfare to establish two lists of approved drugs, taking into account the safety, efficacy and cost of each drug. Provides a broad list of approved medicines available for use in institutions and by comprehensive health service organizations and a more restricted list which is available for use outside such organized settings. Provides that the appliances benefit is similar in concept and operation to the drug benefit, subject to a limitation on aggregate cost. Asserts that the professional services of optometrists and podiatrists are covered, subject to regulations, as are diagnostic or therapeutic services furnished by independent pathology laboratories and radiology services. States that health services furnished or paid for under a workmen's compensation law are not covered. Provides that the services of a professional practitioner are not covered if they are furnished in a hospital which is not a participating provider. Requires that participating providers meet standards established in this title or by the Board. Requires that such providers must agree to provide services without discrimination, to make no unauthorized charge to the patient for any covered service, and to furnish data necessary for utilization review by professional peers, statistical studies by the Board, and verification of information for payments. Makes professional practitioners, licensed when the program begins, eligible to practice in the State where they are licensed and requires that all newly licensed applicants for participation meet national standards established by the Board in addition to those required by his State. Establishes conditions of participation for general hospitals similar to those required under Medicare. States that the two requirements not found in the Medicare program are: (1) that the hospital must not discriminate in granting staff privileges on any grounds unrelated to professional qualifications; and (2) that it establish a pharmacy and drug therapeutics committee for supervision of hospital drug therapy. Provides that psychiatric hospitals will be eligible to participate only if the Board finds that the hospital (or a distinct part of the hospital) is engaged in furnishing active diagnostic, therapeutic and rehabilitative services to mentally ill patients. Establishes conditions of participation for skilled nursing homes similar to those established for extended care facilities under Medicare. Makes provisions for the participation of home health service agencies. Describes as eligible a health maintenance organization which undertakes to provide an enrolled population either with complete health care or with complete health security services (other than institutional services, mental health or dental services) for the maintenance of the health and care of ambulatory patients. Permits a foundation sponsored by a county or other local medical society to participate as a provider of services. Authorizes the Board to deal separately with the primary care portion of a system of comprehensive health care where it is necessary to rely on arrangements with other providers. Permits the Board to contract directly with public or other nonprofit mental health centers and mental health day care services. Specifies the broad and general conditions under which independent pathology laboratories, independent radiological services, and providers of drugs, devices, appliances, equipment, or ambulance services may qualify as providers under Health Security. Requires that a participating skilled nursing home have in effect an agreement with at least one participating hospital for the transfer of patients and medical and other information as medically appropriate. Prohibits in malpractice judgments any damages to be awarded to the injured party for the cost of remedial services which he is entitled to receive under this Act. Excludes the institutions of the Department of Defense and the Veterans Administration, and institutions of the Department of Health, Education, and Welfare serving merchant seamen or Indians or Alaskan natives, from serving as participating providers, as well as any employee of these institutions when he is acting as an employee. Provides reimbursement for any services furnished by these institutions or agencies to eligible persons who are not a part of their normal clientele. Permits a physician, dentist, optometrist, or podiatrist, licensed in one State and meeting the national standards, to furnish Health Security benefits in any other State, the scope of his permissible practice being governed by the law of the State in which he is practicing. Grants a similar authority to other health professional and nonprofessional personnel. Establishes the Health Security Trust Fund, to receive the net assets of existing (Medicare) funds taken over by the Health Security program, the yield of the Health Security taxes, and the Government's contribution from general revenues amounting to 100 percent of the yield from these taxes. Provides that three separate accounts shall be established in the Health Security Trust Fund: a Health Service Account, a Health Resources Development Account, and an Administration Account. Provides that in each of the first two years of the program operation, 2 percent of the Trust Fund shall be set aside for the Health Resources Development Fund; and the allocation shall increase by 1 percent at two-year intervals to 5 percent within the next 6 years. Provides for allocation of the Health Services account among the regions of the country. Provides that the allocation to each region shall be based on the aggregate sum expended during the most recent 12-month period for covered services (with appropriate modification for estimated changes in the consumer price index, the expected number of eligible beneficiaries, and estimated changes in the number of participating providers). Provides that the Board will divide the allocation to each region into funds available to pay: institutional services; physician services; dental services; furnishing of drugs; furnishing of devices, applications, and equipment; and miscellaneous services. Provides that payments for covered services provided to eligible persons by participating providers will be made from the Health Service Account in the Trust Fund. Describes the method to be used in applying, as between practitioners electing the various methods of payment fee for service, the monies available in each health service area for payment to each category of professional providers. Authorizes the Board to experiment with other methods of reimbursement so long as the experimental method does not increase the cost of service or lead to overutilization or underutilization of services. Provides that skilled nursing homes and home health agencies will be paid in the same manner as a general hospital (on an approved annual budget basis). Provides that a health maintenance organization will be paid for covered services, on the basis of a fixed capitation rate multiplied by the number of eligible enrollees. Contains a series of provisions for developing a continuous process of health service planning and for assisting in the recruitment, education, and training of health personnel. Authorizes special improvement grants: (1) to any public or other nonprofit health agency or institution to establish improved coordination and linkages with other providers of services, and (2) to organizations providing comprehensive ambulatory care to improve their utilization review, budget, statistical, or records and information retrieval systems, to acquire equipment needed for those purposes, or to acquire equipment useful for mass screening or for other diagnostic or therapeutic purposes. Sets forth the responsibilities and duties of the Secretary of HEW and the Board with regard to this title. Creates an administrative structure within the Department of Health, Education, and Welfare with exclusive responsibility for administration of the Health Security program. Establishes a five-member full-time Health Security Board serving under the Secretary of Health, Education, and Welfare. Provides that the members shall be appointed by the President with the advice and consent of the Senate, for five-year overlapping terms. Creates the position of an Executive Director, appointed by the Board with the approval of the Secretary. Provides that the Executive Director shall serve as secretary to the Board and shall perform such duties in the administration of the program as the Board assigns to him. Provides that the program will be administered through the regional offices of the Department of Health, Education, and Welfare. Requires the establishment of sub-regional (service area) offices. Establishes a National Health Security Advisory Council, with the Chairman of the Board serving as the Council's Chairman and 20 additional members not in the employ of the Federal Government. Authorizes the Advisory Council to appoint professional or technical committees to assist in its functions. Provides that the Advisory Council will advise the Board on matters of general policy in the administration of the program, the formulation of regulations and the allocation of funds for services. Charges the Board with responsibility for informing the public and providers about the administration and operation of the Health Security program. Requires the Board to make a continuing study and evaluation of the program, including adequacy, quality and costs of services. Authorizes the Board directly or by contract to make detailed statistical and other studies on a national, regional, or local basis of any aspect of the title; to develop and test incentive systems for improving quality of care, methods of peer review of drug utilization and of other service performances; to develop and test systems of information retrieval, budget programs, instrumentation for multiphasic screening or patient services, reimbursement systems for drugs; and to make such other studies which it considers would improve the quality of services of administration of the program. Grants authority to the Board, in accordance with regulations, to make determinations of who are participating providers of services, determinations of eligibility, of whether services are covered, and the amount to be paid to providers. Allows a provider of services who is dissatisfied with a final Board determination to obtain a hearing before a Board panel, and judicial review of a final decision. Authorizes the Board, with the advice and assistance of the Commission on the Quality of Health Care, to issue and review regulations assuring the quality of care furnished under this Act. Requires continuing professional education by physicians, dentists, optometrists, and podiatrists. Provides for the appointment of a Deputy Secretary of HEW and an Under Secretary for Health and Science. States that no provision of this Act shall alter any contractual obligation of an employer to provide health services to his employees and their dependents. Title II: Health Security Taxes - Converts the existing Medicare hospital insurance payroll taxes into Health Security taxes, and raises the rates to 1 percent on employees and 3.5 percent on employers. Raises the wage base for the employee tax from the present $7,800 to $15,000 or, if higher 125 percent of the contribution and benefit base. Broadens the definitions of covered employment to include foreign agricultural workers, employees of the U.S. and its instrumentalities (other than members of the armed forces and the President, Vice-President, and Members of Congress), employees of charitable and similar organizations, railroad employees, and (for the employee tax only) employees of States and their political subdivisions and instrumentalities. Excludes from the gross income of employees, for income tax purposes, payment by their employers of part or all of the Health Security taxes on the employees. Spells out the precise effective dates of the new payroll tax provisions. Converts the existing Medicare self-employment tax into a Health Security self-employment tax, and raises the rate to 2.5 percent, and raises the maximum taxable self-employment income from $7,800 to $15,000. Adds a new 1 percent Health Security tax on unearned income (unless such income is less than $400 a year), subject to the same maximum on taxable income as is applicable to the employee and self-employment taxes. Title III: Commission on the Quality of Health Care - Establishes in the Department of HEW a Commission on the Quality of Health Care, with the primary responsibility of: (1) initiating and continuing development of methods of assessing the quality of health care furnished under the Health Security Act, and (2) submitting to the Secretary and the Health Security Board its findings and recommendations. Stipulates that in carrying out its duties the Commissioner shall emphasize, and give first consideration to, care furnished for those illnesses and conditions which have relatively high incidence in the population and which are relatively amenable to medical or other care. Title IV: Repeal or Amendment of Other Acts - Makes various conforming amendments to the medicare, medicaid, vocational rehabilitation, and Federal employees health benefits statutes to bring it into conformity with this Act. Requires that, after the effective date of benefits, no State shall be required to furnish any service covered under Health Security as a part of its State plan for participation under Medicaid, and that the Federal government will have no responsibility to reimburse any State for the cost of providing a service which is covered under Health Security. Provides that funds available under the Vocational Rehabilitation Act or the Maternal and Child Health title of the Social Security Act shall not be used to pay for personal health services after the effective date of benefits, except (to the extent prescribed in regulations by the Secretary of HEW) to pay for services which are more extensive than those covered under Health Security. Title V: Studies Related to Health Security - Authorizes the Secretary of Health, Education, and Welfare in consultation with the Secretary of State and the Secretary of Treasury to study the coverage of health services for U.S. residents in other countries. Directs the Secretary of HEW to study the feasibility and desirability of coordinating the Federal health benefit programs for merchant seamen, and Indians and Alaskan natives, and veterans and members of the Armed Forces, with the Health Security Benefit Program.
United States · United States Congress · 3 January 1973
Health Security Act - Title I: Health Security Benefits - Provides that every resident of the U.S. (and every non-resident citizen when in the U.S.) will be eligible for covered services. Permits reciprocal and "buy-in" agreements for groups of non-resident aliens, and in some cases benefits to U.S. residents when visiting in other countries. Entitles every eligible person to have payments made by the Health Security Board for covered services provided within the United States by a participating provider. Provides that all necessary professional services of physicians, wherever furnished are covered, including preventive care, with two important restrictions: (1) specialist services are covered only when performed by a qualified specialist except in emergency situations, and generally only on referral from a primary physician; and (2) psychiatric services to an ambulatory patient are covered only for active preventive, diagnostic, therapeutic or rehabilitative service with respect to mental illness. Provides that comprehensive dental services (exclusive of most orthodontic services) are covered for children under age 15, with the covered age group increasing by two years each year until all those under age 25 are covered. Provides that: (1) inpatient and outpatient hospital services and services of a home health agency are covered without arbitrary limitation; (2) pathology and radiology services are specifically included as parts of institutional services; and (3) custodial care is specifically excluded in specified institutional settings. Limits payment for skilled nursing home care to 120 days per spell of illness, except that this limit may be increased when the nursing home is owned or managed by a hospital and payment for care is made through the hospital's budget. Limits the psychiatric hospital benefit to 45 consecutive days of active treatment during a spell of illness. Provides coverage for two categories of drug use: prescribed medicines administered to inpatients or outpatients within participating hospitals; or to enrollees of comprehensive health service organizations, and drugs necessary for the treatment of specified chronic illnesses or conditions requiring long or expensive therapy. Requires the Board and the Secretary of Health, Education, and Welfare to establish two lists of approved drugs, taking into account the safety, efficacy and cost of each drug. Provides a broad list of approved medicines available for use in institutions and by comprehensive health service organizations and a more restricted list which is available for use outside such organized settings. Provides that the appliances benefit is similar in concept and operation to the drug benefit, subject to a limitation on aggregate cost. Asserts that the professional services of optometrists and podiatrists are covered, subject to regulations, as are diagnostic or therapeutic services furnished by independent pathology laboratories and radiology services. States that health services furnished or paid for under a workmen's compensation law are not covered. Provides that the services of a professional practitioner are not covered if they are furnished in a hospital which is not a participating provider. Requires that participating providers meet standards established in this title or by the Board. Requires that such providers must agree to provide services without discrimination, to make no unauthorized charge to the patient for any covered service, and to furnish data necessary for utilization review by professional peers, statistical studies by the Board, and verification of information for payments. Makes professional practitioners, licensed when the program begins, eligible to practice in the State where they are licensed and requires that all newly licensed applicants for participation meet national standards established by the Board in addition to those required by his State. Establishes conditions of participation for general hospitals similar to those required under Medicare. States that the two requirements not found in the Medicare program are: (1) that the hospital must not discriminate in granting staff privileges on any grounds unrelated to professional qualifications; and (2) that it establish a pharmacy and drug therapeutics committee for supervision of hospital drug therapy. Provides that psychiatric hospitals will be eligible to participate only if the Board finds that the hospital (or a distinct part of the hospital) is engaged in furnishing active diagnostic, therapeutic and rehabilitative services to mentally ill patients. Establishes conditions of participation for skilled nursing homes similar to those established for extended care facilities under Medicare. Makes provisions for the participation of home health service agencies. Describes as eligible a health maintenance organization which undertakes to provide an enrolled population either with complete health care or with complete health security services (other than institutional services, mental health or dental services) for the maintenance of the health and care of ambulatory patients. Permits a foundation sponsored by a county or other local medical society to participate as a provider of services. Authorizes the Board to deal separately with the primary care portion of a system of comprehensive health care where it is necessary to rely on arrangements with other providers. Permits the Board to contract directly with public or other nonprofit mental health centers and mental health day care services. Specifies the broad and general conditions under which independent pathology laboratories, independent radiological services, and providers of drugs, devices, appliances, equipment, or ambulance services may qualify as providers under Health Security. Requires that a participating skilled nursing home have in effect an agreement with at least one participating hospital for the transfer of patients and medical and other information as medically appropriate. Prohibits in malpractice judgments any damages to be awarded to the injured party for the cost of remedial services which he is entitled to receive under this Act. Excludes the institutions of the Department of Defense and the Veterans Administration, and institutions of the Department of Health, Education, and Welfare serving merchant seamen or Indians or Alaskan natives, from serving as participating providers, as well as any employee of these institutions when he is acting as an employee. Provides reimbursement for any services furnished by these institutions or agencies to eligible persons who are not a part of their normal clientele. Permits a physician, dentist, optometrist, or podiatrist, licensed in one State and meeting the national standards, to furnish Health Security benefits in any other State, the scope of his permissible practice being governed by the law of the State in which he is practicing. Grants a similar authority to other health professional and nonprofessional personnel. Establishes the Health Security Trust Fund, to receive the net assets of existing (Medicare) funds taken over by the Health Security program, the yield of the Health Security taxes, and the Government's contribution from general revenues amounting to 100 percent of the yield from these taxes. Provides that three separate accounts shall be established in the Health Security Trust Fund: a Health Service Account, a Health Resources Development Account, and an Administration Account. Provides that in each of the first two years of the program operation, 2 percent of the Trust Fund shall be set aside for the Health Resources Development Fund; and the allocation shall increase by 1 percent at two-year intervals to 5 percent within the next 6 years. Provides for allocation of the Health Services account among the regions of the country. Provides that the allocation to each region shall be based on the aggregate sum expended during the most recent 12-month period for covered services (with appropriate modification for estimated changes in the consumer price index, the expected number of eligible beneficiaries, and estimated changes in the number of participating providers). Provides that the Board will divide the allocation to each region into funds available to pay: institutional services; physician services; dental services; furnishing of drugs; furnishing of devices, applications, and equipment; and miscellaneous services. Provides that payments for covered services provided to eligible persons by participating providers will be made from the Health Service Account in the Trust Fund. Describes the method to be used in applying, as between practitioners electing the various methods of payment fee for service, the monies available in each health service area for payment to each category of professional providers. Authorizes the Board to experiment with other methods of reimbursement so long as the experimental method does not increase the cost of service or lead to overutilization or underutilization of services. Provides that skilled nursing homes and home health agencies will be paid in the same manner as a general hospital (on an approved annual budget basis). Provides that a health maintenance organization will be paid for covered services, on the basis of a fixed capitation rate multiplied by the number of eligible enrollees. Contains a series of provisions for developing a continuous process of health service planning and for assisting in the recruitment, education, and training of health personnel. Authorizes special improvement grants: (1) to any public or other nonprofit health agency or institution to establish improved coordination and linkages with other providers of services, and (2) to organizations providing comprehensive ambulatory care to improve their utilization review, budget, statistical, or records and information retrieval systems, to acquire equipment needed for those purposes, or to acquire equipment useful for mass screening or for other diagnostic or therapeutic purposes. Sets forth the responsibilities and duties of the Secretary of HEW and the Board with regard to this title. Creates an administrative structure within the Department of Health, Education, and Welfare with exclusive responsibility for administration of the Health Security program. Establishes a five-member full-time Health Security Board serving under the Secretary of Health, Education, and Welfare. Provides that the members shall be appointed by the President with the advice and consent of the Senate, for five-year overlapping terms. Creates the position of an Executive Director, appointed by the Board with the approval of the Secretary. Provides that the Executive Director shall serve as secretary to the Board and shall perform such duties in the administration of the program as the Board assigns to him. Provides that the program will be administered through the regional offices of the Department of Health, Education, and Welfare. Requires the establishment of sub-regional (service area) offices. Establishes a National Health Security Advisory Council, with the Chairman of the Board serving as the Council's Chairman and 20 additional members not in the employ of the Federal Government. Authorizes the Advisory Council to appoint professional or technical committees to assist in its functions. Provides that the Advisory Council will advise the Board on matters of general policy in the administration of the program, the formulation of regulations and the allocation of funds for services. Charges the Board with responsibility for informing the public and providers about the administration and operation of the Health Security program. Requires the Board to make a continuing study and evaluation of the program, including adequacy, quality and costs of services. Authorizes the Board directly or by contract to make detailed statistical and other studies on a national, regional, or local basis of any aspect of the title; to develop and test incentive systems for improving quality of care, methods of peer review of drug utilization and of other service performances; to develop and test systems of information retrieval, budget programs, instrumentation for multiphasic screening or patient services, reimbursement systems for drugs; and to make such other studies which it considers would improve the quality of services of administration of the program. Grants authority to the Board, in accordance with regulations, to make determinations of who are participating providers of services, determinations of eligibility, of whether services are covered, and the amount to be paid to providers. Allows a provider of services who is dissatisfied with a final Board determination to obtain a hearing before a Board panel, and judicial review of a final decision. Authorizes the Board, with the advice and assistance of the Commission on the Quality of Health Care, to issue and review regulations assuring the quality of care furnished under this Act. Requires continuing professional education by physicians, dentists, optometrists, and podiatrists. Provides for the appointment of a Deputy Secretary of HEW and an Under Secretary for Health and Science. States that no provision of this Act shall alter any contractual obligation of an employer to provide health services to his employees and their dependents. Title II: Health Security Taxes - Converts the existing Medicare hospital insurance payroll taxes into Health Security taxes, and raises the rates to 1 percent on employees and 3.5 percent on employers. Raises the wage base for the employee tax from the present $7,800 to $15,000 or, if higher 125 percent of the contribution and benefit base. Broadens the definitions of covered employment to include foreign agricultural workers, employees of the U.S. and its instrumentalities (other than members of the armed forces and the President, Vice-President, and Members of Congress), employees of charitable and similar organizations, railroad employees, and (for the employee tax only) employees of States and their political subdivisions and instrumentalities. Excludes from the gross income of employees, for income tax purposes, payment by their employers of part or all of the Health Security taxes on the employees. Spells out the precise effective dates of the new payroll tax provisions. Converts the existing Medicare self-employment tax into a Health Security self-employment tax, and raises the rate to 2.5 percent, and raises the maximum taxable self-employment income from $7,800 to $15,000. Adds a new 1 percent Health Security tax on unearned income (unless such income is less than $400 a year), subject to the same maximum on taxable income as is applicable to the employee and self-employment taxes. Title III: Commission on the Quality of Health Care - Establishes in the Department of HEW a Commission on the Quality of Health Care, with the primary responsibility of: (1) initiating and continuing development of methods of assessing the quality of health care furnished under the Health Security Act, and (2) submitting to the Secretary and the Health Security Board its findings and recommendations. Stipulates that in carrying out its duties the Commissioner shall emphasize, and give first consideration to, care furnished for those illnesses and conditions which have relatively high incidence in the population and which are relatively amenable to medical or other care. Title IV: Repeal or Amendment of Other Acts - Makes various conforming amendments to the medicare, medicaid, vocational rehabilitation, and Federal employees health benefits statutes to bring it into conformity with this Act. Requires that, after the effective date of benefits, no State shall be required to furnish any service covered under Health Security as a part of its State plan for participation under Medicaid, and that the Federal government will have no responsibility to reimburse any State for the cost of providing a service which is covered under Health Security. Provides that funds available under the Vocational Rehabilitation Act or the Maternal and Child Health title of the Social Security Act shall not be used to pay for personal health services after the effective date of benefits, except (to the extent prescribed in regulations by the Secretary of HEW) to pay for services which are more extensive than those covered under Health Security. Title V: Studies Related to Health Security - Authorizes the Secretary of Health, Education, and Welfare in consultation with the Secretary of State and the Secretary of Treasury to study the coverage of health services for U.S. residents in other countries. Directs the Secretary of HEW to study the feasibility and desirability of coordinating the Federal health benefit programs for merchant seamen, and Indians and Alaskan natives, and veterans and members of the Armed Forces, with the Health Security Benefit Program.
United States · United States Congress · 3 January 1973
National Health Insurance Act - Title I: Benefits and Eligibility - Establishes a program of personal health services including medical, dental, podiatric home-nursing, hospital, and auxiliary services for eligible individuals. Sets forth the eligibility requirements for such benefits generally so that all employed or self-employed individuals and individuals entitled to old age and survivors benefits under the Social Security Act are covered. Permits benefits to be provided for "noninsured" needy and other uncovered individuals when reimbursements are made by public agencies. Provides that medical services consist of (1) general medical services such as can be rendered by a physician engaged in the general or family practice of medicine, including preventive, diagnostic, and therapeutic care and periodic medical examinations; and (2) specialist services rendered by a physician who is a specialist in the class of services rendered. Provides that such services may be rendered at the office, home, hospital, or elsewhere, as necessary. Provides that medical, hospital, and other personal health services shall be made available as soon as practicable. Allows eligible individuals for personal health services freedom to select the physician or other person of his choice to render such services. Title II: Participation of Physicians, Dentists, Nurses, Hospitals, and others - Provides that any individual who is a physician, dentist, or podiatrist legally authorized in a State to render any services included as general medical, dental, or podiatric services in that State as benefits under this Act. Directs that any such individual who is found to possess skill and experience of a degree and kind sufficient to meet standards established for a class of specialist services shall be deemed qualified to receive compensation for specialist services of such class benefits under this Act. Authorizes the National Health Insurance Board, after consultation with the Advisory Council, to establish standards as to the special skills and experience required to qualify an individual to render each such class of specialist services as benefits under this Act, and to receive compensation for such specialist services. Sets forth requirements for participation in the program and the method and amount of payments for services. Title III: Local Administration - Provides for the administration of personal health service benefits through local area committees under plans prepared by the State. Sets forth requirements for State plans. Provides that in order that personal health service benefits may be made available promptly and in a manner best adapted to local practices, conditions, and needs, responsibility for administration of the benefits provided under this Act in the several local health-service areas shall be decentralized as fully as practicable to local administrative committees or local administrative officers, acting with the advice and assistance, as provided in this title, of local professional committees and, in the case of local administrative officers, the advice and assistance of local area committees. Provides that health-service areas of a State shall be those so designated in the State plan of operations. Establishes a local area committee in each health service area to perform the functions of this Act and to formulate the administration of policies for this Act. Title IV: State Administration - Provides that it is the intent of Congress that the benefits provided under this Act be administered wherever possible by the several States, in accordance with plans of operations submitted and approved as provided in this title, and in each State insofar as feasible by the same State agency which administers, or supervises the administration of, the State's general public health and maternal and child health programs. Provides that the Board shall approve any State plan and any modification thereof submitted by the State which it finds complies with various provisions pertaining to State plans of operation. Declares that no change in a State plan shall be required within one year after initial approval thereof, or within one year after any change in the regulations or standards prescribed pursuant to this Act except with the consent with the consent of the State or in accordance with further action by Congress. Title V: National Health Insurance Board: National Advisory Medical Policy Council; General Administrative Provisions - Establishes in the Department of Health, Education, and Welfare a National Health Insurance Board, to be composed of five members, three of whom shall be appointed by the President by and with the advice and consent of the Senate, and the other two of whom shall be the Surgeon General of the Public Health Service and the Commissioner of Social Security, to assist in carrying out the provisions of this Act. Provides that during his term of membership on the Board, no appointed member shall engage in any other business, vocation, or employment. Establishes a National Advisory Medical Policy Council to consist of the Chairman of the Board, who shall serve as Chairman of the Advisory Council ex officio, and sixteen members appointed by the Secretary of Health, Education, and Welfare. Provides that at least eight of the sixteen appointed members shall be individuals who are familiar with the need for personal health services in urban or rural areas and who are representative of the interests of individuals eligible for benefits under this Act, and at least six of the members shall be individuals who are outstanding in the medical or other professions concerned with the provision of services provided as benefits under this Act and who are representative of the individuals, organizations, and other persons by whom personal health services will be provided. Title VI: Eligibility Determinations, Complaints, Hearings, and Judicial Review - Provides that the Secretary of Health, Education, and Welfare, through such units of the Department of Health, Education, and Welfare as he may determine, shall upon his own initiative or upon application of any individual make determinations as to the eligibility of individuals for benefits under this Act. Provides that whenever requested by any individual determined by the Secretary not to be eligible for benefits for any period, or by a dependent of any such individual, the Secretary shall give such individual or such dependent reasonable notice and opportunity for a hearing with respect to such determination and on the basis of the evidence adduced at the hearings shall affirm, modify, or reverse his determination. Provides for judicial review of adverse decisions by the Secretary. Title VII: Application of Act To Individuals Covered Under Medicare Program - Provides that, any individual who is entitled to hospital insurance benefits under title XVIII (Medicare) of the Social Security Act, or to supplementary medical insurance benefits under the insurance program of the Social Security Act, during any benefit year or part thereof in which he is otherwise eligible for benefits under this Act which may be made available to him as benefits under this Act shall be limited to those services for which he is ineligible under title XVIII of the Social Security Act. Requires the Secretary of HEW to study and report not later than one year after the enactment of this Act the interrelationship of the national health insurance program under this Act and under title XVIII of the Social Security Act. Title VIII: Fiscal Provisions - Creates, on the books of the Treasury of the United States a separate account to be known as the "Personal Health Services Account". Provides that funds in the account not required for current withdrawals shall be invested by the Secretary of the Treasury in the types of obligations which may be acquired, under section 201 of the Social Security Act, by the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund. Makes funds in the account available for all expenditures necessary or appropriate to carry out this Act. Title IX: Miscellaneous Provisions - Defines such terms as "Wages", "employment", "benefit year", "quarter", and "person", as used in this Act.
United States · United States Congress · 3 January 1973
National Health Care Services Reorganization and Financing Act - Title I: Reorganization of National Health Services - National Health Care Services Reorganization Act - Establishes the Department of Health which shall be headed by a Secretary of Health appointed by the President, by and with the advice and consent of the Senate. Provides for the appointment by the President, by and with the consent of the Senate, of an Under Secretary who shall act for, and exercise the powers of, the Secretary during the absence or disability of the Secretary. States that the Under Secretary shall perform such functions as the Secretary shall from time to time prescribe. Provides that there shall be in the Department seven Assistant Secretaries, a General Counsel, and a Chief Medical Officer who shall be appointed by the President, by and with the advice and consent of the Senate. Transfers to the Secretary and in specified instances to the Chief Medical Officer all functions of the Secretary of Health, Education and Welfare under laws and provisions of law listed in this Act. Provides that within one hundred and eighty days of the effective date of this title the President may transfer to the Secretary any function not transferred to the Secretary by this title, if the Director of the Office of Management and Budget determines that such function relates primarily to functions transferred by this title to the Secretary, or otherwise relates to health. Redesignates the Department of Health, Education and Welfare as the Department of Education and Welfare. Sets forth provisions concerning the administrative functions of the Department of Health. Requires the Secretary to make an annual report in writing to the President for submission to the Congress on the activities of the Department during the preceding fiscal year. Provides that all orders, determinations, rules, regulations, permits, contracts, certificates, licenses and privileges which have been issued under provisions of law transferred by this title and which are in effect at the time this title takes effect shall continue in effect until modified, terminated, superseded, set aside, or repealed by the Secretary, by any court of competent jurisdiction, or by operation of law. Directs the Secretary to submit to the Congress within two years after the effective date of this title a proposed codification of all laws which contain functions transferred to the Secretary. Makes the Secretary responsible for the planning, administration, operation, coordination, and evaluation of all programs transferred to him under this title in addition to the Health Care Program authorized under this Act. Authorizes the Secretary to prescribe such regulations as he deems necessary for the efficient administration of the Act. Establishes a National Health Services Advisory Council which shall consist of the Secretary and twenty members appointed by the Secretary. Sets forth the terms of office of the members of the Council. Authorizes the Council to: (1) advise the Secretary on matters of general policy in the administration of this title and in the formation of regulations, and (2) study the operation of this title and the activities of State Health Commission, Health Care Corporations, and other providers. Requires the Council to make an annual report to the Secretary for transmittal to the Congress. Authorizes the Secretary to provide financial and technical assistance for the early planning, development, establishment, and initial operation of Health Care Corporations, including incentives for the use of the capitation payment method of health care and for the development and improvement of outpatient care centers. States that the Secretary may provide such assistance by means of grants and contracts. Provides that in making such grants and contracts the Secretary shall take into account existing health care resources and health care delivery systems, the relative need of the States and areas within the States for assistance, and the need for an equitable distribution of such assistance. Authorizes the Secretary to make grants to State Health Commissions to facilitate and expedite the submission of State plans to the Secretary as required by this title. Authorizes to be appropriated for planning grants such sums as may be necessary for each of three fiscal years beginning with the fiscal year in which this Act is enacted. Provides for a Federal payment of 90 percent of the sums expended for the proper and efficient administration of an approved State plan. Decreases such payment over a specified time period to 75 percent of the State expenditures. Sets forth penalties for criminal violations of this Act. Declares that States will be in compliance with this Act if: (1) the State has created, within the executive branch of the State government, a State agency headed by a State Health Commission for carrying out the responsibilities devolving upon the State under this Act; (2) there is established in such agency a State Advisory Council; and (3) there is in effect an approved State plan, submitted by the State Health Commission, for carrying out the State's responsibilities under this title. Provides that a State Health Commission shall be composed of three or five members appointed by the Governor of the State for staggered terms which shall be renewable. States that not more than two members of a three-member commission, nor three-members of a five member commission shall be members of the same political party. Declares that it is the sense of the Congress that members of a State Health Commission should be chosen with a view to their ability to bring to the commission highly qualified, effective, and disinterested policy direction. Provides that the Advisory Council to the State Health Commission shall be appointed by the Governor of the State and consist of persons representative of providers and consumers of health care. States that the Council shall consult with the commission in the development and carrying out of the State plan. Requires the State Health Commission of each participating State to conduct a study and survey with a view to the approval of service areas for applicant Health Care Corporations as a basis for the issuance of certificates of approval by the commission, with the objective of affording to all the people in the State equal and ready access to the full range of comprehensive health care of high quality provided for in this title. Provides that a State plan shall make provision for stimulating and encouraging the organization of Health Care Corporations. Authorizes the Secretary to conduct the functions of a State Health Commission through the Department of Health, Education, and Welfare, when such a Commission has not been established in a State under this Act. Provides that the Secretary shall encourage and assist the States and their State Health Commissions in carrying out cooperatively with other States their respective functions, including the making of agreements between States for that purpose with respect to the establishment, admission, and approval of Health Care Corporations, the establishment of joint health care areas and assignment of such corporations thereto, and the exchange of information. Requires the Secretary to develop and encourage the enactment of model State legislation in the fields covered by this title. Defines a Health Care Corporation as a nonprofit private or governmental corporation which is organized for the purpose of furnishing comprehensive and coordinated personal health services to persons registered with the corporation, furnishing personal health services to other persons to the extent authorized by this title, and engaging in educational, research, and other activities incidental or related to the furnishing of personal health services, and which provides effective and equitable representation, on its governing board, of registrants with the corporation and affiliated institutional and professional providers furnishing services on its behalf. Provides that a Health Care Corporation shall assume responsibility for making available and furnishing to each registrant with the corporation all services for which he has Comprehensive Health Care Benefits coverage and which are medically necessary. Provides that services may be provided through an affiliated provider by contract with the Health Care Corporation. Provides that the Corporation shall as rapidly as practicable develop, by affiliation with existing organizations or otherwise, a system of outpatient care centers throughout the approved service area. Provides that a Health Care Corporation shall assume responsibility for the quality of all services furnished by it either through its own facilities and personnel or by providers affiliated or acting under arrangements with it. Provides that a Corporation shall provide an opportunity to all practitioners in an approved service area to furnish services on its behalf, either as members of its professional staff or as affiliated providers. Provides that a Corporation shall develop and keep current a continuing personal health record for each registrant of the corporation. Provides that the corporation shall establish methods by which registrants may express their views with regard to the policies and operation of the corporation, the health needs of the community, and the need for any modification or expansion of the services furnished by the corporation. Provides that in recruitment and registration a Health Care Corporation shall not discriminate on the ground of race, creed, color, national origin, age, sex, occupation, economic status, or condition of health. Provides that the National Health Services Advisory Council shall conduct a full and complete study and investigation of methods of supplying supplemental capital and other funding for Health Care Corporations and related health care organizations in the United States. States that the Council shall give particular consideration to the development of a program which: (1) establishes and utilizes as its basic source of funds a national trust fund; (2) provides for the distribution of amounts in the fund to State health commissions in a manner reflecting population, per capita income, and health care needs; (3) recognizes the need for adequate planning for health care services and facilities; (4) encourages and facilitates the continuing provision of funds for these purposes from sources other than the trust fund; (5) leaves to each State health commission, under general regulations of the Secretary, the determination of how the funds distributed to the commission are to be allocated; and (6) contains or is subject to such other provisions, conditions, and limitations as may be necessary or appropriate to assure that the study will be effectively carried out. Requires the Council, within one year after the effective date of this Act, to submit to the Secretary, for transmission to the Congress, a full and complete report of its study and investigation. Title II: Financing of National Health Services - National Health Care Services Financing Act - Provides, under title II (Old-Age, Survivors, and Disability Insurance) of the Social Security Act, that every employer shall be required to provide benefits under this Act equivalent to the hospital insurance benefits available under title XVIII (Health Insurance for the Aged) of the Social Security Act, to provide Catastrophic Expense Benefits coverage and to provide Comprehensive Health Care Benefits covered under this Act, to each of his employees and for the members of the family of each such employee. Provides, under title IX of the Social Security Act, that every individual who is receiving benefits under any Federal or State unemployment compensation law shall be entitled to coverage for benefits under this Act equivalent to the hospital insurance benefits available under title XVIII of the Social Security Act and Catastrophic Expense Benefits coverage and Comprehensive Expense Benefits coverage under this Act. Authorizes the Secretary to contract for or to subsidize Comprehensive Health Care Benefits to elderly and medically indigent individuals, provided, in the latter case, that entitlement to coverage contracted for by the Secretary shall be subject to the condition that the individual or family concerned contributes to the carriers annual premium charge for such coverage. Allows a tax deduction, under the Internal Revenue Code, to an individual for all of the expenses paid during the taxable year for Comprehensive Health Care Benefits coverage under this Act. Provides that a State shall not be required to provide Medicaid payments to the extent that individuals otherwise entitled thereto are covered by this Act. Provides that coverage of a registrant for Comprehensive Health Care Benefits shall entitle the registrant, with listed exceptions, to have the carrier pay the approved predetermined charges of the Health Care Corporation for services and items furnished to him. Provides a table of Comprehensive Health Care Benefits to be covered by this Act. Provides that the Secretary shall submit to Congress recommendations for the expansion of benefits after the program under this Act is in operation, giving special consideration to the expansion of benefits for dental and vision services based on the availability of resources. Sets forth the requirements to be met by carriers for participation in Comprehensive Health Care Benefits under this Act. Title III: Effective Dates - Provides that the program under this Act shall be fully in operation on and after the first day of the fifth fiscal year which begins after the date of the enactment of this Act.
United States · United States Congress · 3 January 1973
Declares it to be the policy of the United States to encourage, develop, and implement, at the earliest possible time, policies which will, by voluntary means consistent with human rights and individual conscience, move to stabilize the population of the United States and thereby promote the future well-being of the citizens of this Nation and the entire world.