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801 records in US in 1999
United States · United States Congress · 19 January 1999
Biomedical Revitalization Resolution of 1998 - Expresses the sense of the Senate that funding for the National Institutes of Health should be increased by $2 billion in FY 2000.
United States · United States Congress · 19 January 1999
Violence Against Women Act of 1999- Title I: Continuing the Commitment of the Violence Against Women Act - Subtitle A: Law Enforcement and Prosecution Grants to Combat Violence Against Women - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (the Act) to authorize appropriations for grants to combat violent crimes against women. (Sec. 102) Revises grant allocation guidelines governing prosecution grants, victims' services and State court systems. Expands grant purposes to include training that addresses sexual assault, domestic violence, and stalking for State, local, and tribal judicial personnel, as well as training of sexual assault forensic nurse examiners, and supporting the development of sexual assault response teams. Directs the Attorney General to deny State grant applications that fail to provide documentation of collaborative efforts with other agencies or organizations. Redefines "victims' services" to include advocacy and assistance for victims seeking legal, social, and health care services. Includes as a prerequisite for Federal reimbursement of forensic medical exams of victims of sexual assault that the participating governmental entity notify all victims that such reimbursement is neither contingent upon the victim's report to law enforcement officials nor upon the victim's cooperation in the prosecution of the assault. (Sec. 103) Directs the Attorney General to make grants to State domestic violence and sexual assault coalitions for purposes of coordinating with: (1) victim services activities; and (2) Federal, State, and local entities engaged in violence-against-women activities. Subtitle B: National Domestic Violence Hotline - Amends the Family Violence Prevention and Services Act (FVPSA) to authorize increased appropriations for the national domestic violence hotline grant. Requires grantees to submit a grant evaluation report to the Secretary of Health and Human Services (the HHS Secretary) for publication and public comment as a prerequisite to a grant award or renewal. Subtitle C: Battered Women's Shelters and Services - Battered Women's Shelters and Services Act - Amends the FVPSA to authorize appropriations for State grants. Modifies guidelines governing: (1) allotment of appropriations; (2) grants for information and technical assistance centers; and (3) authorization of appropriations. (Sec. 123) Instructs the HHS Secretary to award grants for: (1) State domestic violence coalitions and local domestic violence programs providing shelter or related assistance, in order to develop model strategies to address domestic violence in underserved populations; (2) each State domestic violence coalition for an emergency assistance fund for domestic violence victims; (3) technical assistance and training for State and local domestic violence programs; and (4) private, nonprofit, tribal domestic violence coalitions with representatives from a majority of the programs for victims of domestic violence operating within Indian reservations, and programs whose primary focus is the populations of such Indian country. Subtitle D: Community Initiatives - Authorizes appropriations for demonstration grants for community initiatives. Subtitle E: Education and Training for Judges and Court Personnel - Amends the Equal Justice for Women in the Courts Act of 1994 to permit training grants for judges and court personnel to include: (1) child custody, visitation, and safety issues raised by domestic violence and child sexual assault; and (2) the extent to which addressing domestic violence and victim safety contributes to the efficient administration of justice. Authorizes appropriations. Subtitle F: Grants to Encourage Arrest Policies - Amends the Act to reauthorize appropriations to implement the functions of the Bureau of Justice Statistics. (Sec. 153) Mandates that at least five percent of appropriated funds be used for grants to Indian tribal governments to treat domestic violence as a serious violation of criminal law. Subtitle G: Rural Domestic Violence and Child Abuse Enforcement - Amends the Safe Homes for Women Act of 1994 to authorize appropriations for rural domestic violence and child abuse enforcement. Mandates that five percent of such funds be used for grants to Indian tribal governments. Subtitle H: National Stalker and Domestic Violence Reduction - Amends the Safe Homes for Women Act of 1994 to authorize appropriations for grants to enter stalking and domestic violence data into crime information databases. Subtitle I: Federal Victims' Counselors - Amends the Safe Streets for Women Act of 1994 to authorize appropriations for the United States Attorneys to appoint Victim-Witness counselors for the prosecution of domestic violence and sexual assault crimes. Subtitle J: Education and Prevention Grants to Reduce Sexual Abuse of Runaway, Homeless, and Street Youth - Amends the Runaway and Homeless Youth Act to authorize appropriations for street-based outreach and education to prevent sexual abuse and exploitation. Subtitle K: Victims of Child Abuse Programs - Amends the Victims of Child Abuse Act of 1990 to authorize appropriations for: (1) the court-appointed special advocate program; and (2) child abuse training programs for judicial personnel and practitioners. (Sec. 195) Amends the Act to authorize appropriations for grants for closed-circuit televising of testimony of child abuse victims. Title II: Limiting the Effects of Violence on Children - Subtitle A: Safe Havens for Children - Authorizes the Attorney General to award grants to public or private nonprofit nongovernmental entities to establish and operate supervised visitation centers. Authorizes appropriations. Subtitle B: Violence Against Women Prevention in Schools - Authorizes appropriations for the Secretary of Education to provide grants to State, local, or tribal school systems to implement programs for elementary, middle, and secondary schools which address domestic violence, assault and stalking. Subtitle C: Family Safety - Family Safety Act - Amends the Parental Kidnaping Prevention Act of 1980 to include among its purposes: (1) the promotion of cooperation between State and tribal courts to protect parents and children from domestic violence or sexual assault; (2) the promotion of realistic and protective standards for interstate relocation when parents dispute custody; (3) the avoidance of jurisdictional conflicts between State courts in matters of child custody and visitation consistent with not endangering or inappropriately punishing parents who are victims of domestic violence, or children who are victims of sexual assault. (Sec. 233) Amends the Federal criminal code (the code) to provide as a defense to prosecution of either a criminal custodial interference or parental abduction charge, or criminal contempt of court relating to an underlying child custody or visitation determination, that the defendant was fleeing an incident or pattern of domestic violence or sexual assault of the child, or would otherwise have a defense under the Parental Kidnaping Prevention Act. Directs the Attorney General to issue guidelines to assist U.S. Attorneys and the Federal Bureau of Investigation to determine whether to initiate or terminate an action due to the potential availability of such defense. (Sec. 234) Amends the Federal judicial code to: (1) provide that no State shall be required to enforce any order obtained in a proceeding which would violate the constitution of the enforcing State if the proceeding were conducted in the enforcing State; and (2) declare that the intent of full faith and credit doctrine in child custody determinations is to preempt inconsistent State law. Declares that a protection order regarding custody and visitation of a minor child that is consistent with this Act shall be given full faith and credit by the courts of any State where the party who sought the order seeks enforcement. Modifies State court jurisdiction guidelines governing: (1) relocation of the child due to domestic violence or sexual assault; and (2) court authority to decline to exercise jurisdiction on behalf of parents engaged in specified conduct. Subtitle D: Domestic Violence and Children - Expresses the sense of the Congress that for purposes of determining child custody: (1) it is in the best interest of children to have a presumption that their main physical residence should be with their primary caretaker parent unless such parent is unfit; (2) child abuse and sexual abuse allegations shall be fully investigated regardless of when raised, or whether the child has withdrawn the allegation; (3) States shall not order specified measures if they may endanger either parent or child; and (4) States shall provide training to all relevant professionals on how domestic violence and sexual assault affects determinations of custody, child support, and visitation. Subtitle E: Child Welfare Worker Training on Domestic Violence and Sexual Assault - Directs the Attorney General to make grants in consultation with the HHS Secretary to enable child welfare service agencies to train their staffs and modify their policies, procedures, programs, and practices in order to make them consistent with specified principles and goals. Sets forth grantee eligibility criteria. Authorizes appropriations. Subtitle F: Child Abuse Accountability - Child Abuse Accountability Act - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code of 1986 to permit the assignment or alienation of any pension benefit payable to a participant pursuant to a qualified child abuse order. Exempts qualified child abuse orders from preemption by ERISA. Title III: Sexual Assault Prevention - Subtitle A: Rape Prevention Education - Amends the Public Health Service Act to require the use of certain State funds exclusively for rape prevention and education programs conducted by rape crisis centers and private nonprofit nongovernmental State and tribal sexual assault coalitions for specified programs. Instructs the HHS Secretary to establish a National Resource Center on Sexual Assault when appropriations reach a specified minimum level. Mandates that State grantors ensure that at least 25 percent of the funds are devoted to educational programs targeted for middle school, junior high, and high school aged students. Authorizes appropriations. Subtitle B: Standards, Practice, and Training for Sexual Assault Examinations - Standards, Practice, and Training for Sexual Assault Forensic Examinations Act - Directs the Attorney General, in conjunction with the HHS Secretary, to: (1) evaluate standards of training and practice for licensed health care professionals performing sexual assault forensic examinations, and develop a national recommended training standard; (2) recommend sexual assault examination training for health care students to improve recognition of injuries suggestive of rape and sexual assault; and (3) establish a mechanism for nationwide dissemination of a national protocol on sexual assault for forensic examinations. Authorizes appropriations. Subtitle C: Violence Against Women Training for Health Professions - Violence Against Women Training for Health Professions Act - Amends the Public Health Service Act to direct the HHS Secretary, when making health care grants for rural areas, to give preference to a health professions entity that requires, as a condition of receiving a degree or certificate, each student to have had significant training in identification, examination, treatment, and referral of victims of domestic violence and sexual assault. Subtitle: D: Prevention of Custodial Sexual Assault by Correctional Staff - Prevention of Custodial Sexual Assault by Correctional Staff Act - Directs the Attorney General to establish and disseminate to the States certain guidelines regarding the prevention of custodial sexual misconduct by correctional staff. Requires withholding of specified correctional facilities funds from any State that fails to implement: (1) such guidelines; or (2) criminal penalties explicitly prohibiting custodial sexual misconduct by correctional staff against prisoners. (Sec. 345) Directs the Attorney General to create a national, confidential, toll-free telephone hotline to collect data, and to provide information and assistance to prisoners who have experienced custodial sexual misconduct by corrections staff. Authorizes appropriations. Subtitle E: Hate Crimes Prevention - Hate Crimes Prevention Act of 1999 - Amends the code to establish criminal penalties for willfully causing bodily injury because of a person's race, color, religion, or national origin. (Sec. 355) Directs the United States Sentencing Commission to study the issue of adult recruitment of juveniles to commit hate crimes, and, where appropriate, to amend Federal sentencing guidelines to provide sentencing enhancements for adult defendants who do such recruiting. (Sec. 356) Directs the Administrator of the Department of Justice Office of Juvenile Justice and Delinquency Prevention to make grants to State and local programs to combat hate crimes committed by juveniles. (Sec. 357) Authorizes appropriations for the Department of the Treasury and the Department of Justice (including the Community Relations Service), to increase the number of personnel to prevent and respond to such hate crimes. Subtitle F: Rescheduling and Classification of Date-Rape Drugs - Directs the Attorney General to: (1) transfer flunitrazepam from schedule IV to schedule I; and (2) add ketamine hydrochloride to schedule III and, by order, add Gamma Hydroxy Butyric Acid to schedule I. Subtitle G: Access to Safety and Advocacy for Victims of Sexual Assault - Authorizes the Attorney General to make grants to designated grantees and services to improve legal assistance to victims of sexual violence through access to the justice system, legal advocacy, and representation. Authorizes appropriations. Title IV: Domestic Violence Prevention - Subtitle A: Domestic Violence and Sexual Assault Victims' Housing - Domestic Violence and Sexual Assault Victims Housing Act - Authorizes increased appropriations under the Stewart B. McKinney Homeless Assistance Act exclusively for qualified, nonprofit, nongovernmental organizations, and solely to provide supportive housing andtenant-based rental and financial assistance for persons leaving a residence due to victimization by domestic violence, stalking, or adult or child sexual assault. Subtitle B: Full Faith and Credit for Protection Orders - Amends the code to: (1) grant a tribal court civil and criminal jurisdiction over any person who violates a protection order within its jurisdiction, subject to Federal habeas corpus review, and after tribal court remedies are exhausted; and (2) require the Attorney General to reduce the amount of certain grants to any State that fails to comply with Federal full faith and credit requirements for protection orders. (Sec. 412) Authorizes the Attorney General to provide grants to assist governmental entities to develop and strengthen law enforcement and recordkeeping strategies to enforce protective orders issued by other governmental entities. Authorizes appropriations. Subtitle C: Victims of Abuse Insurance Protection - Victims of Abuse Insurance Protection Act - Prohibits an insurer from denying or restricting insurance coverage on the basis that the applicant or insured (or any employee or associated person) is, has been, or may be the subject of abuse or has incurred or may incur abuse-related claims. Confers enforcement jurisdiction upon the Federal Trade Commission. Authorizes a private cause of action by an applicant or insured adversely affected by a violation of this Act. Subtitle D: National Summit on Sports and Violence - Expresses the sense of the Congress that: (1) a national summit should be promptly convened to develop a multifaceted action plan to deter acts of violence, especially domestic violence and sexual assault; (2) the members of such summit should include sports, community, political, and media leaders, as well as Members of Congress and other governmental and community leaders with relevant expertise; and (3) summit members should assume leadership roles deterring acts of domestic violence and sexual assault. Subtitle E: Keeping Firearms from Intoxicated Persons - Amends the code to declare unlawful the transfer of a firearm or ammunition to any person reasonably believed to be intoxicated. Subtitle F: Access to Safety and Advocacy - Access to Safety and Advocacy Act - Authorizes the Attorney General to make grants to designated grantees and services to improve legal assistance to victims of domestic violence through access to the justice system, legal advocacy, and representation. Authorizes appropriations. Subtitle G: Strengthening Enforcement to Reduce Violence Against Women - Amends the code to revise guidelines governing persons who travel in interstate and foreign commerce and engage in domestic violence and stalking, or who violate protection orders. Subtitle H: Disclosure Protections - Amends the Social Security Act , Title IV part D, to modify disclosure protections in connection with the Federal Parent Locator Service and State plan requirements for child and spousal support. Title V: Violence Against Women in the Military System - Subtitle A: Civilian Jurisdiction for Crimes of Sexual Assault and Domestic Violence - Amends the code to declare that domestic violence and sexual assault offenses committed by persons formerly serving with, or presently employed by or accompanying the armed forces outside of the United States shall be subject to prosecution in the Federal District Court of the jurisdiction of origin of the person arrested. Provides for concurrent jurisdiction with other military tribunals and foreign governments. (Sec. 502) Amends Federal law governing separation from the armed forces to mandate that: (1) a copy of records of any penal action taken against the departing member of the armed forces be transmitted to the Director of the Federal Bureau of Investigation (FBI); and (2) any member convicted by court-martial of an offense of a sexual nature provide whatever specimen is necessary to conduct DNA analysis for inclusion in the Combined DNA Identification System of the FBI. Subtitle B: Transitional Compensation for Abused Dependents of Members of the Armed Forces - Revises Federal guidelines governing transitional compensation for abused dependents of former members of the armed forces. Subtitle C: Confidentiality of Records - Prescribes guidelines under which the Secretary of Defense is directed to: (1) study procedures of military departments for protecting the confidentiality of communications between military dependents involved in sexual or intrafamily abuse and the professionals from whom they seek services in connection with the effects of such abuse; and (2) issue regulations to provide the maximum protections for the confidentiality of such communications; and (3) report to the Congress on results of such study and implementation of the regulations. Title VI: Preventing Violence Against Women in Traditionally Underserved Communities - Subtitle A: Older Women's Protection From Violence - Older Women's Protection From Violence Act of 1999 - Chapter 1: Violence Against Women Act of 1994 - Amends the Violence Against Women Act of 1994 to direct the Attorney General to: (1) make grants to law school clinical programs to fund the inclusion of cases addressing issues of elder abuse, neglect, and exploitation, including domestic violence, and sexual assault against older individuals; and (2) develop curricula and provide for training programs in those issues for law enforcement officers and prosecutors (including tribal authorities). Authorizes appropriations. Chapter 2: Family Violence Prevention and Services Act - Amends the Family Violence Prevention and Services Act to require federally-funded State domestic violence coalitions to include programs and providers of direct services targeted to older individuals. 606) Authorizes entities eligible for a community initiatives demonstration grant to include representatives of adult protective services entities. Chapter 3: Older Americans Act of 1965 - Amends the Older Americans Act of 1965 to direct the Assistant Secretary of Health and Human Services for Aging to consider the importance of research about the sexual assault of older women when establishing research priorities for grants or contracts for research and demonstration projects on elder abuse. (Sec. 609) Authorizes appropriations without fiscal year limitation for grants to implement a State long-term care ombudsman program. (Sec. 610) Directs such Assistant Secretary to update and improve curricula and implement continuing education training programs to improve the ability of designated health care and social services providers to recognize and address instances of elder abuse, including domestic violence and sexual assault. (Sec.611) Directs the Assistant Secretary, when making grants and contracts, to give special consideration to projects designed to: (1) expand access to domestic violence shelters and programs for older individuals and encourage the use of certain facilities as emergency short-term shelters; and (2) promote research on legal, organizational, or training impediments to providing services to older individuals through shelters and programs. (Sec. 612) Authorizes appropriations for the ombudsman and the elder abuse prevention program. (Sec. 613) Directs the Assistant HHS Secretary to make grants to: (1) nonprofit private or tribal organizations to support projects in local communities to coordinate activities for intervention in and prevention of elder abuse, including domestic violence and sexual assault; and (2) develop outreach programs for assisting elder abuse victims, including some for assisting individuals in certain senior housing facilities. Authorizes appropriations. Chapter 4: Public Health Service Act - Elder Abuse Identification and Referral Act of 1999 - Amends the Health Service Act to instruct the HHS Secretary, when awarding grants or contracts, to give preferences to health professions schools or programs that condition the awarding of their degrees or certificates upon significant student training in specified areas of elder abuse identification and treatment. (Sec. 616) Amends the Public Health Service Act to authorize: (1) area health education centers to include training in domestic violence, sexual assault, and elder abuse screening and referral protocols; and (2) Federal grants to geriatric education centers for training and retraining of faculty to provide instruction regarding elder abuse situations. Subtitle B: Protections Against Violence and Abuse for Women with Disabilities - Protections Against Violence and Abuse for Women with Disabilities Act - Makes the protection of women with disabilities eligible for grants and research under the following Acts: (1) the Omnibus Crime Control and Safe Streets Act of 1968; (2) Family Violence Prevention and Services Act; (3) Safe Homes for Women Act of 1994; and (4) Equal Justice for Women in the Courts Act of 1994. (Sec. 625) Authorizes the HHS Secretary to: (1) develop curricula and implement training programs to improve the ability of social service and health providers to recognize and address domestic violence directed against women with disabilities; and (2) make grants and enter into contracts for such training programs for health professionals. Authorizes appropriations. (Sec. 627) Directs the HHS Secretary to consider the importance of research about the sexual assault of, and violence against, women with disabilities in establishing certain research priorities. (Sec. 628 ) Directs the Attorney General to establish a grants program for States, nongovernmental private entities, and tribal organizations to provide education and technical assistance for information dissemination on abuse and violence against women with disabilities. Authorizes appropriations. Subtitle C: Battered Immigrant Women -. VAWA Restoration Act - Amends the Immigration and Nationality Act to modify procedures and provide special rules for battered spouses and children with respect to: (1) adjustment of status; (2) removal and deportation; (3) implementation of immigration provisions in the Violence Against Women Act (VAWA); (4) waivers and exceptions to inadmissibility for otherwise qualified battered immigrants; (5) calculation of physical presence in VAWA cancellation of removal proceedings and suspension of deportation proceedings; (6) VAWA immigration protections; (7) VAWA cancellation of removal and adjustment of status for certain nonpermanent residents; and (8) good moral character determinations for self-petitioning immediate relatives. (Sec. 638) Prescribes guidelines for: (1) discretionary first time offender waivers for aliens making child support payments; (2) misrepresentation waivers for battered spouses of United States citizens and lawful permanent residents; (3) waiver of deportability; (4) inapplicability of public charge determinations for designated aliens; and (5) access to naturalization for divorced victims of abuse. Authorizes the Attorney General to grant certain battered applicants documentation signifying authorization of employment during the pendency of certain application procedures.. Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to redefine "qualified alien" to include certain battered aliens for purposes of welfare and public benefits eligibility. Amends the Housing and Community Development Act of 1980 to declare restrictions on the use of assisted housing inapplicable to certain battered aliens. (Sec. 639) Amends the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1998 to provide that requirements and restrictions placed upon Legal Services Corporation funding shall not be construed to prohibit a recipient from providing related legal assistance to certain aliens who have been battered or subjected to extreme cruelty. (Sec. 640) Amends the Act to require each branch of the U.S. military to train its supervisory military officers in domestic violence dynamics in military families, and the protections available for battered immigrant women and children. Expands the purposes of training grants to combat violent crimes against women to include: (1) training immigration and asylum officers and judges; and (2) training justice system personnel on the judicial ramifications of the Violence Against Women Act, and the potential immigration consequences for perpetrators of domestic violence. Amends the Immigration and Nationality Act to express the intent of the Congress that statutory constraints upon the powers of immigration personnel not be construed as discouraging crime and domestic violence victims from reporting crimes to the police, from cooperating in criminal prosecutions, or from obtaining the legal relief needed for protection from ongoing violence. Subtitle D: Conforming Amendments to the Violence Against Women Act - Amends the Act to make technical and conforming amendments to law enforcement and prosecution grants. Title VII: Violence Against Women and the Workplace - Subtitle A: National Clearinghouse on Domestic Violence and Sexual Assault and the Workplace Grant - Authorizes the Attorney General to award a grant to a private non-profit entity, including a tribal organization, to provide for establishment of a national clearinghouse and resource center to disseminate information and assistance to employers and labor organizations responding to victims of domestic violence and sexual assault. Authorizes appropriations. Subtitle B: Victims' Employment Rights - Victim s' Employment Rights Act - Prohibits an employer from taking any discriminatory employment action towards an individual for reasons pertaining to sexual or domestic violence, or stalking.. Prohibits any adverse job action for an employee's participation in related judicial proceedings requiring absence from work. Prescribes enforcement guidelines, including civil action by an affected employee for actual and treble punitive damages. (Sec. 726) Sets forth defenses to such an action, including extraordinary threats to workplace safety, and undue hardship. Subtitle C: Workplace Violence Against Women Prevention Tax Credit - Workplace Violence Against Women Prevention Tax Credit Act - Amends the Internal Revenue Code to allow an employer a workplace safety program tax credit for 40 percent of the costs of implementing workplace safety and education programs to combat violence against women. Subtitle D: Battered Women's Employment Protection - Battered Women's Employment Protection Act - Amends the Internal Revenue Code to provide for unemployment compensation for separation from employment as a direct result of an employee's experience of domestic violence. (Sec. 743) Amends the Social Security Act to provide for the training of claims reviewers and hearing personnel in the nature and dynamics of domestic violence, and in methods of ascertaining and keeping confidential information about domestic violence experiences so that employment separations stemming from such violence are identified and adjudicated while full confidentiality is provided for the employee's claim and submitted evidence. (Sec. 744) Amends the Family and Medical Leave Act of 1993 to establish an entitlement for leave resulting from certain domestic violence situations for both Federal and non-Federal employees. Prescribes confidentiality guidelines for an employee's situation of domestic violence. Requires that employees, under State law, be permitted to use existing leave for domestic violence situations. Empowers the Secretary of Labor to enforce the entitlement for leave due to an employee's domestic violence situation. Subtitle E: Education and Training Grants to Promote Responses to Violence Against Women - Authorizes the Attorney General to award grants to public and private nonprofit, nongovernmental organizations for the education and training of individuals who, as a result of their employment responsibilities, are likely to come into contact with victims of domestic violence or sexual assault. Authorizes appropriations. Subtitle F: Workers' Compensation - Expresses the sense of the Congress that State workers' compensation laws should: (1) provide benefits to eligible female victims of workplace violence, including full compensation for physical and nonphysical injuries; and (2) permit the employee to pursue an action at law (other than statutory workers' compensation benefits) against an employer's role in the act of workplace violence. Title VIII : - Violence Against Women Intervention, Prevention, and Education Research - Amends the Violence Against Women Act of 1994 to direct the HHS Secretary and the Attorney General to establish a multi-agency task force coordinating research on violence against women. Authorizes appropriations. (Sec. 901) Directs the Department of Health and Human Services to make grants to entities to: (1) support research to further the understanding of the causes of violent behavior against women; and (2) evaluate education, prevention, and intervention programs. Authorizes appropriations. Directs the Departments of Health and Human Services and of Justice to make grants to domestic violence and sexual assault organizations, research organizations and academic institutions to expand knowledge about violence against women, with a particular emphasis on exploring such issues as they affect underserved communities. Authorizes appropriations. Directs the United States Sentencing Commission to study and report to the Congress on specified aspects of domestic violence. Directs the Secretary to award grants to designated entities to gather data on the experiences of women and girls who become pregnant as a result of sexual assault within State and tribal health care, judicial, and social services systems. Authorizes appropriations. Instructs the Attorney General to conduct a national study and report to the Congress on the status, implementation and efficacy of Federal, State, and tribal laws regarding rape and sexual assault offenses and their effectiveness in addressing those crimes and protecting the victims. Authorizes appropriations. Directs the Secretary and the Attorney General to establish three research centers to: (1) support the development of research and training programs that focus on violence against women; (2) provide collaboration mechanisms between researchers and practitioners; and (3) provide technical assistance for integrating research into the provision of services. Authorizes appropriations.
United States · United States Congress · 19 January 1999
Small Business Paperwork Reduction Act Amendments of 1999 - Amends the Paperwork Reduction Act to require the Director of the Office of Management and Budget to: (1) publish annually in the Federal Register a list of requirements applicable to small business concerns with respect to collection of information by agencies (requiring the first such publication within one year after enactment of this Act); and (2) make such list available on the Internet (again within one year after enactment). Requires each Federal agency, with respect to the collection of information and the control of paperwork, to establish one agency point of contact to act as a liaison with small businesses. Requires each such agency, in the case of a first-time information collection violation by a small business, to impose no civil fine on such business unless: (1) the head of the agency determines that the violation has caused actual serious harm to the public, or that failure to impose a fine would impede the detection of criminal activity, or presents an imminent and substantial danger to public health or safety; or (2) the violation concerns the collection of a tax or is not corrected within six months after violation notification. Authorizes each agency, if a violation presents an imminent and substantial danger to public health or safety, to impose no civil fine if the violation is corrected within 24 hours after violation notification, taking into account specified factors. Prohibits a State from imposing a civil penalty on a small business for a first-time violation of Federal information collection requirements in a manner inconsistent with this Act. Requires each agency to make efforts to further reduce the paperwork burden for small businesses with fewer than 25 employees. Establishes a task force to study and report to specified congressional committee members on the feasibility of streamlining requirements with respect to small businesses regarding the collection of information.
United States · United States Congress · 19 January 1999
Medicare Hospital Outpatient Coinsurance Assistance Act of 1999 - Directs the Secretary of Health and Human Services, for a specified period, to provide for a reduction in the rate of coinsurance payable for certain outpatient department services furnished under Medicare (title XVIII of the Social Security Act) that would result in a specified aggregate savings to effected Medicare beneficiaries.
United States · United States Congress · 19 January 1999
Medicare Universal Product Number Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Balanced Budget Act of 1997, to direct the Secretary of Health and Human Services to establish a system for assigning a universal product number (UPN) to every covered item of durable medical equipment, including surgical dressings and splints, prosthetic devices, braces, and artificial limbs. Requires that each request for payment, or bill submitted, after February 1, 2002, for a covered item include its proper UPN.
United States · United States Congress · 19 January 1999
Women's Health and Cancer Rights Act of 1999 - Amends the Employee Retirement Income Security Act of 1974, as amended by the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, and the Public Health Service Act, as amended by the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, to require certain group health plans, and health insurance issuers providing coverage under a group plan, to ensure specified minimum coverage regarding: (1) breast cancer mastectomies, lumpectomies, and lymph node dissections; and (2) secondary consultations by specialists. Prohibits: (1) changing coverage terms and conditions based on a participant's or beneficiary's decision to request less than the minimum coverage; and (2) certain penalties or incentives to providers or specialists. Amends: (1) the Public Health Service Act to apply the same requirements to health insurance issuers in the individual market; and (2) the Internal Revenue Code to apply those requirements to group health plans.
United States · United States Congress · 19 January 1999
Medicare Insulin Pump Coverage Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act to cover insulin infusion pumps as items of durable medical equipment.
United States · United States Congress · 19 January 1999
Health Professional Shortage Area Nursing Relief Act of 1999 - Amends the Immigration and Nationality Act to establish a four-year nonimmigrant (H-1C visa) classification for nonimmigrant registered nurses in health professional shortage areas. Requires that an alien: (1) have a full foreign nursing license or has received U.S. nursing education; (2) have passed an appropriate examination or is a licensed nurse in the State of intended employment; and (3) be fully eligible to begin work in the petitioning facility. Requires the facility to file an employment attestation with the Department of Labor with respect to such alien (or aliens) evidencing that: (1) similarly employed nurse's wages and conditions will not be adversely affected; (2) the alien's wages will be the same as other similarly employed nurses; (3) steps are being taken to recruit U.S. nurses (as set forth by this Act); (4) no labor dispute is involved; (5) no more than one-third of the facility's registered nurses will be H-1C aliens; and (6) employment will not be performed at a facility other than the petitioning facility. Directs the Secretary of Labor to: (1) compile a public list of petitioning facilities; (2) establish a process for complaint receipt, investigation, and disposition (including civil monetary penalties) against a noncomplying facility; and (3) impose an attestation filing fee of up to $250. Limits: (1) aggregate fiscal year H-1C entrants to 500; and (2) fiscal year entrants in any one State to 25 and 50 in States with less or more than ten million inhabitants, respectively. Defines "facility" as a hospital: (1) in a health shortage area; (2) with at least 190 acute care beds; and (3) with at least 35 percent and 28 percent of its patients being Medicare and Medicaid patients, respectively. Repeals the nonimmigrant nursing program (H-1A visa). (Sec. 3) Directs the Secretary and the Secretary of Health and Human Services to recommend: (1) an alternative to the H-1C program as a permanent remedy to the registered nurse shortage; and (2) a more effective program enforcement system. (Sec. 4) Amends the Immigration and Nationality Act to exempt certain nurses and physical therapists from foreign health care worker certification requirements.
United States · United States Congress · 19 January 1999
TABLE OF CONTENTS: Title I: Health Insurance Bill of Rights Subtitle A: Access to Care Subtitle B: Quality Assurance Subtitle C: Patient Information Subtitle D: Grievance and Appeals Procedures Subtitle E: Protecting the Doctor-Patient Relationship Subtitle F: Promoting Good Medical Practice Subtitle G: Definitions Title II: Application of Patient Protection Standards to Group Health Plans and Health Insurance Coverage Under Public Health Service Act Title III: Amendments to the Employee Retirement Income Security Act of 1974 Title IV: Application to Group Health Plans Under the Internal Revenue Code of 1986 Title V: Effective Dates; Coordination in Implementation Patients' Bill of Rights Act of 1999 - Title I: Health Insurance Bill of Rights - Subtitle A: Access to Care - Requires any group health plan, or health insurance coverage offered by a health insurance issuer, providing emergency services benefits to cover emergency services furnished: (1) without the need for any prior authorization determination; (2) whether or not the health care provider furnishing such services is a participating health care provider; and (3) without regard to any other term or condition of such coverage (other than exclusion or coordination of benefits, or an affiliation or waiting period, permitted under the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), or the Internal Revenue Code, and other than applicable cost-sharing). Requires such coverage in a manner so that, if the emergency services are provided by a nonparticipating health care provider the participant, beneficiary, or enrollee is not liable for amounts exceeding the liability that would be incurred if the services were provided by a participating provider with prior authorization. Prescribes the same coverage for maintenance care or post-stabilization care (subject to certain guidelines) by nonparticipating health care providers. (Sec. 102) Requires a plan or coverage that provides benefits only through participating providers to offer a participant the option to purchase point-of-service coverage for benefits provided by a nonparticipating provider, unless the plan offers the participant: (1) a choice of health insurance coverage through more than one issuer; or (2) two or more coverage options that differ significantly regarding the use of participating providers or the networks of such providers that are used. (Sec. 103) Requires any plan and any health insurance issuer to permit each participant, beneficiary, and enrollee to receive: (1) primary care from any participating primary care provider available to accept such individual; and (2) (unless the plan or issuer clearly declares choice limitations) medically necessary or appropriate specialty care, pursuant to appropriate referral procedures, from any qualified participating provider available to accept such individual for such care. (Sec. 104) Requires any plan or issuer that requires or provides for designation of a participating primary care provider to permit: (1) a female participant, beneficiary, or enrollee to designate a participating physician who specializes in obstetrics and gynecology as the individual's primary care provider; and (2) designation of a pediatrician as a child's primary provider. Prohibits the plan or issuer, in the absence of such a designation, from requiring authorization or a referral by the individual's primary care provider or otherwise for coverage of routine gynecological care (such as preventive women's health examinations) and pregnancy-related services provided by a participating specialist in obstetrics and gynecology to the extent such care is otherwise covered. Permits a plan or issuer to treat the ordering of other gynecological care by such a participating health professional as the primary care provider's authorization of such care. Requires the plan or issuer to refer to an available and accessible specialist any participant, beneficiary, or enrollee with a condition or disease of sufficient seriousness and complexity to require treatment by a specialist, and benefits for such treatment are covered. Requires a plan or issuer to refer an individual to a nonparticipating specialist: (1) only if a participating specialist is not available and accessible; and (2) only at no additional cost to the individual. Requires a plan or issuer to have a procedure by which an individual with an ongoing special condition (life-threatening, degenerative, or disabling) may be referred to a specialist who shall be responsible for and capable of providing and coordinating the individual's primary and specialty care, without referral from the individual's primary care provider. Requires standing referrals to a specialist for any condition requiring ongoing specialist care. (Sec. 105) Prescribes requirements for continuity of care for participants, beneficiaries, or enrollees in the event of a termination of a health care provider or of the contract between a plan and an issuer. (Sec. 106) Prescribes requirements for participation in approved clinical trials of individuals with life-threatening or serious illnesses for which no standard treatment is effective. Prohibits denial of participation in such trials, or discrimination against participants. Limits plan or issuer payments to routine patient costs. (Sec. 107) Requires any plan or issuer that provides prescription drug benefits limited to drugs included in a formulary to: (1) ensure participation of participating physicians and pharmacists in the development of the formulary; (2) disclose to providers, and upon request to participants, beneficiaries, and enrollees, the nature of the formulary restrictions; and (3) consistent with the standards for a utilization review program, provide for exceptions from the formulary limitation when a non-formulary alternative is medically indicated. Prohibits a plan or issuer from denying coverage of such a drug or device on the basis that the use is investigational, if certain labeling requirements are met. (Sec. 108) Requires each plan and issuer to have (in relation to the coverage) a sufficient number, distribution, and variety of qualified participating providers to ensure that all covered health care services, including specialty services, will be available and accessible in a timely manner to all participants, beneficiaries, and enrollees. Permits inclusion among such providers of federally qualified health centers, rural health clinics, migrant health centers, and other essential community providers located in the service area. Requires inclusion of such providers if necessary to meet such number, distribution, and variety requirements. (Sec. 109) Prescribes nondiscrimination requirements. Subtitle B: Quality Assurance - Directs each plan and issuer to establish an ongoing, internal quality assurance and continuous quality improvement program meeting specified requirements. (Sec. 112) Requires each plan and issuer to: (1) collect uniform quality data, including a minimum uniform data set specified by the Secretary of Health and Human Services; (2) have a written process for the selection of participating health care professionals, including minimum professional requirements; and (3) establish and maintain, as part of any internal quality assurance and continuous quality improvement program including prescription drug benefits, a drug utilization program which encourages appropriate drug use and takes appropriate action to reduce the incidence of improper drug use and adverse drug reactions and interactions. (Sec. 115) Requires each plan and issuer to conduct (or arrange for qualified outside agents to conduct) benefit utilization review activities only in accordance with a utilization review program that meets certain requirements. Prohibits a program from permitting or providing contingent compensation arrangements with its employees, agents, or contractors in a manner that: (1) provides incentives, direct or indirect, for such persons to make inappropriate review decisions; or (2) is based, directly or indirectly, on the quantity or type of adverse determinations rendered. Requires a utilization review program to make determinations and notifications concerning: (1) prior authorization services within three business days after receiving any necessary information; (2) authorization for continued or extended health care services within one business day after receipt of such information; and (3) retrospective review of services previously provided, within 30 days of such receipt. (Sec. 116) Directs the President to establish an advisory board to provide information to Congress and the administration on issues relating to quality monitoring and improvement in the health care provided under group health plans and health insurance coverage. Subtitle C: Patient Information - Specifies benefits, access, emergency coverage, prior authorization, grievance and appeals, and other pertinent information which plans and issuers shall provide to participants and beneficiaries at the time of initial coverage, annually, within a reasonable period before or after the date of significant changes, and upon request. (Sec. 122) Requires plans and issuers to establish procedures to: (1) safeguard the privacy of any individually identifiable enrollee information; (2) maintain records and information in an accurate and timely manner; and (3) assure individuals timely access to such records and information. (Sec. 123) Provides for grants to States for creation and operation of a Health Insurance Ombudsman. Requires any State receiving such a grant to contract for such an Ombudsman with a not-for-profit organization that operates independent of group health plans and health insurance issuers. Requires the Secretary to provide through such a contract for an Ombudsman in any State that does not provide for one. Makes such an Ombudsman responsible to: (1) assist consumers in choosing among health insurance coverage or among coverage options offered within group health plans; and (2) provide counseling and assistance to enrollees dissatisfied with their treatment by issuers and plans, and with respect to grievances and appeals of coverage or plan determinations. Subtitle D: Grievances and Appeals Procedures - Requires each plan and issuer to establish a system for the presentation and resolution of oral and written grievances brought by participants, beneficiaries, or enrollees, or health care providers or other individuals acting on behalf of an individual and with the individual's consent. Requires the system to include grievances regarding access to and availability of services, quality of care, choice and accessibility of providers, network adequacy, and compliance with the requirements of this title. (Sec. 132) Requires each plan and issuer to establish an internal appeals process, and provide for an external appeals process, which meet certain requirements. Specifies the appeal rights of participants, beneficiaries, and their representatives, as well as the kinds of decisions which are appealable. Subtitle E: Protecting the Doctor-Patient Relationship - Prohibits any contract or agreement between a plan or issuer and a health care provider from: (1) prohibiting or restricting the provider from engaging in medical communications with the provider's patient; or (2) containing any provision purporting to transfer to the health care provider by indemnification or otherwise any liability relating to activities, actions, or omissions of the plan, issuer, or agent (as opposed to the provider). Declares null and void any such contract or agreement provisions. (Sec. 142) Prohibits any plan or issuer from operating any physician incentive plan that does not meet certain requirements under title XVIII (Medicare) of the Social Security Act. (Sec. 143) Requires any plan or issuer to establish reasonable procedures relating to the participation of health care professionals, including notice of participation rules, written notice of adverse participation decisions, and a process for appealing adverse decisions. (Sec. 144) Prohibits a plan or an issuer from retaliating against a participant, beneficiary, enrollee, or health care provider based on use of, or participation in, a utilization review or a grievance process. Prohibits a plan or an issuer from retaliating or discriminating against a protected health care professional because the professional in good faith: (1) discloses information relating to the care, services, or conditions affecting one or more participants, beneficiaries, or enrollees to an appropriate public regulatory agency, private accreditation body, or management personnel of the plan or issuer; or (2) initiates, cooperates, or otherwise participates in an investigation or proceeding by such an agency with respect to such care, services, or conditions. Defines good faith action. Subtitle F: Promoting Good Medical Practice - Prohibits a plan or issuer from arbitrarily interfering with or altering the decision of the treating physician regarding the manner or setting in which particular covered services are delivered (including the number of days in a hospital) if they are medically necessary or appropriate for treatment or diagnosis. Allows a plan or issuer to limit the delivery of services to one or more providers within a network. (Sec. 152) Prohibits a plan or issuer from restricting benefits for any hospital length of stay: (1) in connection with a mastectomy to less than 48 hours; or (2) in connection with a lymph node dissection for the treatment of breast cancer to less than 24 hours. Permits a discharge before expiration of the minimum length of stay otherwise required, if the decision is made by the attending provider in consultation with the woman involved, or in a case involving a partial mastectomy without lymph node dissection. Prohibits a plan or issuer from: (1) denying to a woman eligibility to enroll or renew coverage solely for the purpose of avoiding the requirements of this title; (2) providing monetary payments or rebates to encourage women to accept less than the minimum protections available under this title; (3) penalizing or otherwise reducing or limiting reimbursement because an attending provider gave care to a participant or beneficiary in accordance with this title; (4) providing incentives (monetary or otherwise) to induce an attending provider to provide care to a participant or beneficiary in a manner inconsistent with this title; or (5) restricting benefits (other than imposing deductibles, coinsurance, or other cost-sharing) for any portion of a period within a required hospital length of stay in a manner less favorable than the benefits provided for any preceding portion of such stay. Subtitle G: Definitions - Sets forth definitions. Title II: Application of Patient Protection Standards to Group Health Plans and Health Insurance Coverage Under Public Health Service Act - Amends the Public Health Service Act to require each plan and issuer to comply with the patient protection requirements of this Act. (Sec. 202) Requires each health insurance issuer to comply with such requirements with respect to individual health insurance coverage. Title III: Amendments to the Employee Retirement Income Security Act of 1974 - Amends ERISA to require each plan and issuer to comply with the patient protection requirements of this Act. (Sec. 302) Provides that nothing in ERISA shall be construed to invalidate, impair, or supersede any cause of action under State law to recover damages resulting from personal injury or wrongful death against any person (except employers and other plan sponsors): (1) in connection with the provision of insurance, administrative services, or medical services by that person to or for a group health plan; or (2) that arises out of the arrangement by that person for the provision of insurance, administrative services, or medical services by other persons. Allows such an action against an employer or other plan sponsor (or against an employee of such an employer or sponsor acting within the scope of employment) only if it is based on the employer's or sponsor's exercise of discretionary authority to decide a claim for covered benefits, and such exercise resulted in personal injury or wrongful death. Title IV: Application to Group Health Plans Under the Internal Revenue Code of 1986 - Amends the Internal Revenue Code to require a group health plan to comply with this Act. Deems this Act to be incorporated into the Internal Revenue Code. Title V: Effective Dates; Coordination in Implementation - Sets forth effective dates for provisions of this Act. (Sec. 502) Amends the Health Insurance Portability and Accountability Act of 1996 to provide for coordination in the implementation of this Act.
United States · United States Congress · 19 January 1999
Medicare Health Plan Fair Payment Act of 1999 - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act to eliminate the budget neutrality adjustment factor used in calculating the blended capitation rate for payment of Medicare+Choice organizations.
United States · United States Congress · 19 January 1999
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act (SSA) to: (1) entitle qualified World War II Filipino veterans who are either U.S. citizens or permanent residents to benefits under part A (Hospital Insurance) of SSA title XVIII (Medicare); and (2) make them eligible to enroll under Medicare part B (Supplementary Medical Insurance), subject to its deductible, premium, and coinsurance provisions.
United States · United States Congress · 19 January 1999
Health Care Access Improvement Act - Amends the Internal Revenue Code to allow a limited tax credit to qualified primary health services providers who establish practices in health professional shortage areas.
United States · United States Congress · 19 January 1999
Medicare Common Sense Hospital Payment Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Balanced Budget Act of 1997, to repeal a specified restriction on Medicare payment for certain hospital discharges to post-acute care.
United States · United States Congress · 19 January 1999
Amends title XIX (Medicaid) of the Social Security Act to prohibit any Medicaid-related funds recovered or paid to a State as part of a settlement or judgment reached in litigation the State initiated or pursued against one or more tobacco companies from being treated as an overpayment.
United States · United States Congress · 19 January 1999
Amyotrophic Lateral Sclerosis (ALS) Treatment and Assistance Act of 1999 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act (SSA) to provide for a waiver of the 24-month waiting period for Medicare coverage for individuals disabled by amyotrophic lateral sclerosis, also known as ALS or Lou Gehrig's Disease. Amends SSA title XVIII (Medicare) to provide for Medicare coverage of any drug approved by the Food and Drug Administration for use in the treatment or alleviation of ALS-related symptoms.
United States · United States Congress · 19 January 1999
Expresses the sense of the Congress that the United States should develop, promote, and implement, at the earliest possible time and by voluntary means consistent with human rights and individual conscience, the policies necessary to slow U.S. population growth.
United States · United States Congress · 6 January 1999
Genetic Information Nondiscrimination in Health Insurance Act of 1999 - Amends the Employee Retirement Income Security Act of 1974 to prohibit a group health plan or a health insurance issuer offering group coverage from discriminating on the basis: (1) of genetic information; or (2) that the participant or beneficiary has requested or received genetic services. Regulates genetic information collection and disclosure by plans and issuers. Provides for compensatory, consequential, and punitive damages. Amends the Public Health Service Act to prohibit a group health plan, a health insurance issuer offering group coverage, or a health issuer in the individual market from so discriminating. Regulates genetic information collection and disclosure by plans and issuers. Provides for compensatory, consequential, and punitive damages. Amends title XVIII (Medicare) of the Social Security Act to prohibit an issuer of a Medicare supplemental policy from so discriminating. Provides for compensatory, consequential, and punitive damages. Amends the Internal Revenue Code to prohibit a group health plan or a health insurance issuer offering group coverage from so discriminating. Regulates genetic information collection and disclosure by plans and issuers.
United States · United States Congress · 6 January 1999
Amends the Public Health Service Act to direct the Secretary of Health and Human Services to: (1) establish a program for the collection of information relating to the use of children and individuals with mental disabilities in biomedical or behavioral research subject to Federal regulation; and (2) ensure that such information is made available to the public on a regular basis.
United States · United States Congress · 6 January 1999
Genetic Information Health Insurance Nondiscrimination Act of 1999 -Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to prohibit group health plans and health insurance issuers offering group coverage from discriminating on the basis of a request for or receipt of genetic information or a genetic test. Sets limits on the collection and disclosure of genetic information by plans and issuers. Amends the Internal Revenue Code to prohibit group health plans from discriminating on the basis of a request for or receipt of genetic information or a genetic test. Amends the Public Health Service Act to set limits on the collection and disclosure of genetic information by health insurance issuers offering individual coverage.
United States · United States Congress · 6 January 1999
HHS Women Scientist Employment Opportunity Act - Directs the Secretary of Health and Human Services to: (1) establish policies for the Department of Health and Human Services on matters relating to the employment of women scientists; and (2) monitor compliance and take appropriate action if policies have been violated. Mandates implementation of the recommendations of the Task Force on the Status of NIH (National Institutes of Health) Intramural Women Scientists. Provides for a study and report on pay equity. Authorizes appropriations.
United States · United States Congress · 6 January 1999
Autism Statistics, Surveillance, Research, and Epidemiology Act of 1999 (ASSURE) - Authorizes grants and contracts for the collection, analysis, and reporting of data on autism and pervasive developmental disabilities. Mandates establishment of three to five regional centers of excellence in autism and pervasive developmental disabilities epidemiology to collect and analyze information, to be established and operated through grants or cooperative agreements. Requires that the Centers for Disease Control and Prevention serve as the coordinating agency for autism and pervasive developmental disabilities surveillance through the establishment of a clearinghouse for data generated from the monitoring programs created by this Act. Mandates establishment of an Advisory Committee for Autism and Pervasive Developmental Disabilities Epidemiology Research. Authorizes appropriations.
United States · United States Congress · 6 January 1999
Women's Right To Know Act of 1999 - Amends title XI of the Civil Rights Act of 1964 to prohibit a governmental authority, in or through any program or activity that provides health care services or information, from limiting the right of any person to provide or to receive nonfraudulent information about the availability of reproductive health care services, including family planning, prenatal care, adoption, and abortion services.
United States · United States Congress · 6 January 1999
Medicaid Infant Mortality Amendments of 1999 - Amends title XIX (Medicaid) of the Social Security Act to phase-in mandatory State coverage of pregnant women and infants whose family income is below 185 percent of the Federal poverty level. Deducts child and medical care costs from the income eligibility test. Authorizes States to provide Medicaid coverage of prenatal home visitation services for high-risk pregnant women and postpartum home visitation services for high-risk infants.
United States · United States Congress · 6 January 1999
Medicaid Women's Basic Health Coverage Act of 1999 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to provide State Medicaid coverage of: (1) screening mammographies for women age 35 and older conducted in accordance with the frequency guidelines established by the Omnibus Budget Reconciliation Act of 1990 for coverage of screening mammographies under the Medicare program (SSA title XVIII); and (2) screening pap smears.
United States · United States Congress · 6 January 1999
Directs the Secretary of Health and Human Services to make grants to public and nonprofit private entities for the establishment or support of adolescent health demonstration projects to: (1) provide health care information, counseling, and services, including related social services; (2) serve adolescents before their graduation from high school; (3) encourage family participation; and (4) establish community advisory committees. Prohibits using grant funds to perform or pay for abortions.
United States · United States Congress · 6 January 1999
TABLE OF CONTENTS: Title I: Recreational Camp Reporting Requirements and Data Base Title II: President's Advisory Council on Recreational Camps Recreational Camp Safety Act - Title I: Recreational Camp Reporting Requirements and Data Base - Requires a recreational camp in a State to report to the Secretary of Health and Human Services on: (1) each medical incident that occurs at the camp; and (2) each incident of sexual abuse that is alleged to have occurred at the camp involving a camper or staff member as a victim and that has previously been reported to another governmental agency. Directs the Secretary to: (1) collect such information in a central data system in a manner that will enable compilation of separate statistics concerning incidents that involve campers, staff members, and recreational camp operators and directors; and (2) report to the President, the Congress, the National Association of Governors, and the National Association of State Legislatures on a comprehensive analysis of the information. Authorizes the Secretary to issue advisories to assist States in the prevention of deaths, injuries, and illnesses at recreational camps. Requires a recreational camp to record information in a medical log concerning an incident that is required to be reported and such other illnesses and injuries that occur at the camp as the Secretary may prescribe. Requires the Secretary to advise each State agency that has legal responsibility for public health and each State agency that issues a license to a recreational camp of any failure by a camp to comply with any requirements of this Act. Title II: President's Advisory Council on Recreational Camps - Establishes the President's Advisory Council on Recreational Camps to develop model safety guidelines for recreational camps.
United States · United States Congress · 6 January 1999
Amends Federal law to require States to establish a process under which certain health information maintained by any of the following entities is delivered to and maintained by the State or an individual or entity designated by the State: (1) a closed health care facility previously located in the State; (2) a closed professional practice previously operated by a health care provider; or (3) a health benefit plan sponsor that previously provided benefits in the form of items and services to enrollees in the State and has ceased to do business. Makes noncomplying States ineligible for purposes of any contract to which the Federal Property and Administrative Services Act of 1949 applies.
United States · United States Congress · 6 January 1999
Health Fraud and Abuse Act of 1999 - Directs the Inspector General (IG) of each of the Departments of Health and Human Services, Defense, Labor, and Veterans Affairs and the Office of Personnel Management to conduct audits, civil and criminal investigations, inspections, and evaluations relating to the prevention, detection, and control of health care fraud and abuse in violation of any Federal law, with exceptions. Provides for the powers of IGs. Directs the IGs to: (1) jointly establish a program to prevent, detect, and control health care fraud and abuse that considers the activities of Federal, State, and local law enforcement agencies, Federal and State agencies responsible for the licensing and certification of health care providers, and State agencies designated under this Act; and (2) develop an annual investigative plan. Requires the Governor of each State to designate State agencies that conduct, supervise, and coordinate audits, civil and criminal investigations, inspections, and evaluations. Authorizes each Governor to establish and maintain a State agency to act as a Health Care Fraud and Abuse Control Unit. Establishes: (1) the Health Care Fraud and Abuse Control Account in the Treasury; and (2) the Account Payments Advisory Board to make recommendations to the IGs regarding the equitable allocation of payments from the Account.
United States · United States Congress · 6 January 1999
Comprehensive Health Access District Act - Defines: (1) "comprehensive health access district" as a community in which unemployment and the percentage of residents with incomes below the poverty line are greater than the national average, and in which a majority of certain diseases and conditions occur at rates greater than the national average; and (2) "comprehensive community-based health access plan" as an entity that provides health care services on a prepaid, capitated basis, or any other risk basis, and that the Secretary of Health and Human Services has certified meets certain requirements. (Sec. 3) Amends title XIX (Medicaid) of the Social Security Act to require, among other things, that each Medicaid State plan provide that each comprehensive health access district located within the State is served by a comprehensive community-based health access district plan. (Sec. 4) Requires each Health Alliance or other health insurance purchasing cooperative created out of comprehensive health care reform legislation that receives premiums on behalf of persons formerly insured under Medicaid, and whose boundaries encompass a comprehensive health access district, to ensure that at least one comprehensive community-based health access plan is available to persons living in such district. (Sec. 5) Sets forth specified requirements for an entity to be certified as a comprehensive community-based health access plan. (Sec. 6) Requires the Secretary to designate a community a comprehensive health access district and to certify an entity as a comprehensive health access plan provided they meet certain criteria. (Sec. 7) Requires each health access plan, in order to evaluate its performance in improving the health status of persons living in comprehensive health access districts, to provide the Secretary with specified health-related information.
United States · United States Congress · 6 January 1999
Amends the Public Health Service Act to permit a petition for vaccine injury compensation to be submitted within 48 (currently, 36) months of the first symptom or manifestation of onset, or of the significant aggravation, of injury if the vaccine was administered after a specified date.
United States · United States Congress · 6 January 1999
Medicare Contractor Reform Amendments of 1999 - Amends title XVIII (Medicare) of the Social Security Act to make specified changes concerning Medicare administration of its administrative operations contracts. Provides chiefly among such changes for: (1) augmenting the types of entities eligible to serve as carriers under the program; (2) allowing service providers their periodic choice of fiscal intermediaries; (3) repealing certain contract termination, cost reimbursement, and non-cost-effective fiscal intermediary requirements; and (4) requiring competition in cases of certain new contracts and in cases involving poor contract performance. Waives competition requirements in specified circumstances.
United States · United States Congress · 6 January 1999
Comprehensive Health Access District Act - Defines: (1) "comprehensive health access district" as a community in which unemployment and the percentage of residents with incomes below the poverty line are greater than the national average, and in which a majority of certain diseases and conditions occur at rates greater than the national average; and (2) "comprehensive community-based health access plan" as an entity that provides health care services on a prepaid, capitated basis, or any other risk basis, and that the Secretary of Health and Human Services has certified meets certain requirements. (Sec. 3) Amends title XIX (Medicaid) of the Social Security Act to require, among other things, that each Medicaid State plan provide that each comprehensive health access district located within the State is served by a comprehensive community-based health access district plan. (Sec. 4) Requires each Health Alliance or other health insurance purchasing cooperative created out of comprehensive health care reform legislation that receives premiums on behalf of persons formerly insured under Medicaid, and whose boundaries encompass a comprehensive health access district, to ensure that at least one comprehensive community-based health access plan is available to persons living in such district. (Sec. 5) Sets forth specified requirements for an entity to be certified as a comprehensive community-based health access plan. (Sec. 6) Requires the Secretary to designate a community a comprehensive health access district and to certify an entity as a comprehensive health access plan provided they meet certain criteria. (Sec. 7) Requires each health access plan, in order to evaluate its performance in improving the health status of persons living in comprehensive health access districts, to provide the Secretary with specified health-related information.
United States · United States Congress · 6 January 1999
Health Care Commitment Act - Amends Federal provisions concerning the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to direct the Secretary of Defense to enter into an agreement with the Office of Personnel Management (OPM) under which a covered CHAMPUS beneficiary who is also entitled to hospital insurance benefits under part A of title XVIII (Medicare) of the Social Security Act will be permitted to enroll in a health benefits plan offered through the Federal Employees Health Benefits program in addition to receiving care through a military treatment facility, CHAMPUS, or the TRICARE program. Outlines provisions concerning: (1) required contributions for such coverage; and (2) the management of participants in the plan. Requires the Secretary to begin to offer the health benefits option described under this Act no later than January 1, 2000.
United States · United States Congress · 6 January 1999
Veterans' Access to Emergency Care Act of 1999 - Declares the annual patient enrollment system of the Department of Veterans Affairs to be a health care plan and the veterans enrolled in such system to be participants in a health care plan. Authorizes the Secretary of Veterans Affairs to contract for the emergency health care of such veterans in non-Department facilities. Includes such contracted emergency care within the definition of authorized Department medical services. Authorizes the reimbursement of enrolled veterans for expenses incurred in the treatment of any medical emergency which poses a serious threat to life or health. Directs the Secretary to require in such a contract that payment by the Secretary for treatment of enrolled veterans at the non-Department facility be made only after any payment that may be made with respect to such treatment: (1) under part A or B of the Medicare program (title XVIII of the Social Security Act); and (2) by a third-party insurance provider.
United States · United States Congress · 6 January 1999
Amends Federal veterans' benefits provisions to: (1) consider a veteran unable to defray the expenses of necessary medical care if such costs for the previous year are in excess of seven and one-half percent of the veteran's adjusted gross income for such year; (2) increase the income threshold used to determine a veteran's ability to defray such expenses with respect to those veterans residing in a Standard Metropolitan Statistical Area; (3) include within the membership of the Committee on Care of Severely Chronically Mentally Ill Veterans members of the general public with expertise in the care of the chronically mentally ill; (4) require the Secretary of Veterans Affairs to designate at least one Center for Mental Illness Research, Education, and Clinical Activities in each service network region of the Veterans Health Administration; and (5) direct the Secretary, in applying the veterans' health care resources allocation system, to exclude from consideration programs of readjustment counseling and treatment, counseling and treatment for the mentally ill, drug and alcohol abuse and dependence, homelessness, post-traumatic stress disorder, spinal cord dysfunctions, AIDS, and geriatric and extended care.
United States · United States Congress · 6 January 1999
Patient Safety and Health Care Whistleblower Protection Act of 1999 - Prohibits retaliation or discrimination against a health care worker because the worker disclosed information, advocated for patients, or initiated, cooperated with, or participated in any governmental investigation or proceeding regarding the care, services, or conditions of a health care entity if: (1) the information is true; and (2) the information disclosed evidences a violation of a law, rule, or professional standard or relates to matters endangering patients, workers, or the public. Prohibits contracts, policies, and procedures restricting the actions for which retaliation or discrimination is prohibited. Declares that these provisions do not protect disclosures violating confidentiality law. Prohibits disclosing the identity of the worker, subject to exception. Provides for enforcement through private civil actions and, for certain willful and repeated violations, criminal penalties. Declares that this Act does not preempt other laws and allows States to enforce laws providing equivalent or greater worker protections.
United States · United States Congress · 6 January 1999
Infant Protection and Baby Switching Prevention Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act to require certain hospitals reimbursed under Medicare to have in effect security procedures to reduce the likelihood of infant patient abduction and baby switching, including procedures for identifying all infant patients in the hospital in a manner that ensures that it will be evident if infants are missing. Provides penalties for hospitals failing to have such security procedures in effect. Amends the Federal criminal code to prohibit and provide penalties for baby switching in hospitals.
United States · United States Congress · 6 January 1999
Breast Cancer Patient Protection Act of 1999 - Amends the Public Health Service Act to prohibit group health plans and health insurance issuers offering group health insurance coverage, with regard to hospital stays in connection with breast cancer treatment, from: (1) covering less than 48 hours after mastectomies or less than 24 hours after lymph node dissections; or (2) requiring plan or issuer authorization for prescribing any length of stay. Prohibits: (1) denying eligibility, enrollment, or renewal to avoid these requirements; (2) providing payments or rebates to women; or (3) penalizing or providing incentives to providers. Applies the same requirements to issuers in the individual market.
United States · United States Congress · 6 January 1999
TABLE OF CONTENTS: Title I: Access to Quality Care Subtitle A: Promoting Quality Care by Ensuring Access to Health Care Professionals Subtitle B: Promoting Quality Care by Ensuring Access to Health Care Services Subtitle C: Promoting Quality Care by Ensuring Fair Resolution of Grievances Subtitle D: Promoting Quality Care by Ensuring Fair Plan Administration Subtitle E: Definitions Title II: Application of Quality Care Standards to Group Health Plans and Health Insurance Coverage Under Public Health Service Act Title III: Amendments to the Employee Retirement Income Security Act of 1974 Title IV: Effective Dates; Coordination in Implementation Access to Quality Care Act of 1999 - Title I: Access to Quality Care - Subtitle A: Promoting Quality Care by Ensuring Access to Health Care Professionals - Requires a health care insurer offering health care coverage through a network of contracted professionals and providers to offer at a reasonable premium an enrollment option for non-network coverage unless such option is otherwise available to enrollees. (Sec. 102) Requires a group health plan and a health insurance issuer to provide for enrollee choice of personal health professional and access to adequate types of care. Subtitle B: Promoting Quality Care by Ensuring Access to Health Care Services - Requires a group health care plan and a health care insurer to provide for: (1) specialist care; (2) continuity of care; (3) emergency room services; (4) obstetric and gynecological services; and (5) pediatric services. Subtitle C: Promoting Quality Care by Ensuring Fair Resolution of Grievances - Sets forth internal and external review procedures, including: (1) enrollee notice of adverse coverage determinations; (2) time limits for benefit determinations and internal appeals; (3) physician review of initial coverage determinations; (4) independent medical expert review of initial review determinations, and penalties for denial of such review. Subtitle D: Promoting Quality Care by Ensuring Fair Plan Administration - Prohibits a group health professional or provider plan from offering incentives to reduce or limit medically necessary services with respect to a specific enrollee. (Sec. 133) Sets forth specified enrollee information access requirements, including: (1) plan description, limitations, and benefits; (2) enrollee costs; (3) dispute resolution procedures; (4) network characteristics; (5) care management; (6) inclusion of drugs and biologicals in formularies; (7) preauthorization and utilization review procedures; (8) accreditation status of health insurance issuers and service providers; and (9) performance criteria. (Sec. 138) Requires a group health plan and a health insurance issuer to establish a quality assessment program. Subtitle E: Definitions - Defines specified terms. (Sec. 152) States that nothing in this title shall be construed to preempt State law with respect to health insurance issuers or group health plans. Title II: Application of Quality Care Standards to Group Health Plans and Health Insurance Coverage under Public Health Service Act - Amends the Public Health Service Act to apply quality care provisions under title I of this Act to group health plan and health insurance coverage under such Act. Title III: Amendments to the Employee Retirement Income Security Act of 1974 - Amends the Employee Retirement Income Security Income Act of 1974 (ERISA) to apply quality care provisions under title I of this Act to group health plan and health insurance coverage under such Act. (Sec. 302) Permits certain actions under State law (rather than under ERISA) involving health insurance enrollees, but stipulates that such actions are not authorized against an employer or other plan sponsor, with specified exceptions. Title IV: Effective Dates; Coordination in Implementation - Sets forth specified effective dates under this Act.
United States · United States Congress · 6 January 1999
Military Retiree Health Care Task Force Act of 1999 - Establishes the Medicare Eligible Military Retiree Health Care Consensus Task Force to study and report to the Congress on matters relating to health care coverage of retired military personnel and their families, Federal sharing agreements relating to such care, and proposals to provide a full continuum of such coverage to Medicare-eligible military retirees and their dependents.
United States · United States Congress · 6 January 1999
Amends Federal armed forces provisions to remove certain numerical and geographic restrictions on the participation by Medicare-eligible Department of Defense beneficiaries in the Federal Employees Health Benefits program. Provides open enrollment periods through the year 2002 (currently 2000) and revises enrollment terms.
United States · United States Congress · 6 January 1999
Treatment of Children's Deformities Act of 1998 - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code to set standards requiring that group and individual health insurance coverage and group health plans provide coverage for treatment of a minor child's congenital or developmental deformity or disorder due to trauma, infection, tumor, or disease.
United States · United States Congress · 6 January 1999
Children's Environmental Protection Act - Amends the Toxic Substances Control Act to state U.S. policy regarding protection of vulnerable subpopulations from exposure to environmental pollutants. Defines "vulnerable subpopulations" as children, pregnant women, the elderly, individuals with a history of serious illness, and other subpopulations identified by the Administrator of the Environmental Protection Agency (EPA) as likely to experience elevated health risks from environmental pollutants. Directs the Administrator to: (1) consistently and explicitly evaluate environmental health risks to vulnerable subpopulations in all risk assessments and characterizations, environmental and public health standards, and general regulatory decisions; (2) ensure that all EPA standards protect such subpopulations with an adequate margin of safety; (3) develop and use a separate assessment with respect to such subpopulations; and (4) issue revised standards, after reevaluation, that meet the criteria of this Act. Requires the Administrator to: (1) identify pollutants commonly used or found in areas reasonably accessible to children; (2) create and review at least annually a list of substances with known, likely, or suspected health risks to children and a list of safer-for-children substances and products for use in such areas; (3) establish guidelines to reduce and eliminate exposure to pollutants in such areas, including advice on integrated pest management; (4) create a family right-to-know information kit; and (5) make all information described above publicly available. Directs the Administrator and the Secretaries of Agriculture and of Health and Human Services to: (1) coordinate and support the development and implementation of research initiatives to examine the health effects and toxicity of pesticides and other pollutants on vulnerable subpopulations; and (2) report to the Congress. Authorizes appropriations.
United States · United States Congress · 6 January 1999
Amends title XIX (Medicaid) of the Social Security Act to prohibit the imposition of Medicaid home liens and Medicaid estate recovery for long-term care services in the case of an individual who has received benefits under a qualified long-term care insurance policy for at least three years during the five-year period ending on the date of provision of such services. Amends the Internal Revenue Code to: (1) repeal the inclusion in an employee's gross income of employer-provided coverage (through a flexible spending or similar arrangement (FSA)) of qualified long-term care services; (2) allow the carryover of amounts in excess of the maximum amount of reimbursement under an FSA; and (3) exclude from gross income the reimbursement of long-term care insurance premiums by FSAs (as well as the reimbursement of health insurance premiums during unemployment).
United States · United States Congress · 6 January 1999
Medicare HMO Improvement Act of 1999 - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act with regard to contracts with Medicare+Choice organizations to: (1) provide for extension of the initial Medicare+Choice contract period from one year to three years; and (2) require termination of any contract with an organization that terminates coverage for any part of a metropolitan statistical area (or a New England County Metropolitan Area). Authorizes the Secretary of Health and Human Services to delay the effectiveness of a Medicare+Choice organization's termination of its plan with respect to all individuals in an area, if: (1) the termination would cause an imminent and serious health risk to enrollees; (2) the termination would result in a significant reduction in the Medicare+Choice plans available in the area affected; or (3) the chief executive officer of the State in which the termination occurs requests such a delay. Provides for continuity of care, for a limited period, in certain cases of involuntary termination (other than for cause) of an individual's enrollment with a Medicare+Choice plan.
United States · United States Congress · 6 January 1999
Comprehensive Long-Term Care Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act to: (1) extend Medicare part A (Hospital Insurance) coverage of extended care services to chronically dependent individuals; and (2) provide for coverage of home care services under Medicare part B (Supplementary Medical Insurance).
United States · United States Congress · 6 January 1999
Military Retiree Health Care Relief Act - Amends: (1) the Internal Revenue Code to allow a refundable credit for premiums paid by military retirees for Medicare (title XVIII of the Social Security Act) part B (Supplementary Medical Insurance) coverage; and (2) part B of title XVIII of the Social Security Act to eliminate, as specified, the ten percent part B premium penalty.
United States · United States Congress · 6 January 1999
Notch Baby Health Care Relief Act of 1999 - Amends the Internal Revenue Code to allow a credit for premiums paid by a "notch baby" under part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act. Amends such part B to eliminate the part B premium penalty for a "notch baby."
United States · United States Congress · 6 January 1999
Youth Tobacco Possession Prevention Act - Awards a State five additional points for each application to the Department of Health and Human Services for a competitive health-related grant if, before 2005, it enacts and implements a law prohibiting the sale of tobacco products to individuals under the age of 18. Specifies penalties for possession (including fines, completion of a tobacco education or cessation program, tobacco-related community service, and driver's license suspension), sale, or distribution, increasing penalties for repeated offenses. Mandates parental notification.
United States · United States Congress · 6 January 1999
Medicare Clinical Trial Coverage Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act to: (1) provide for Medicare reimbursement of routine patient care costs for individuals participating in federally approved clinical trials; and (2) ensure coverage of such costs under Medicare+Choice plans. Requires the Secretaries of Health and Human Services and of Labor to report jointly to the Congress on the costs associated with requiring that group health plans and health insurance coverage do not deny payment of routine patient care costs for services furnished in connection with federally approved clinical trials.