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Bill· SS. 1362 (105th)referred
United States · United States Congress · 4 November 1997
Medicare Universal Product Number Act of 1997 - Sets a deadline for all electronic claims forms used for reimbursement under the Medicare program under title XVIII of the Social Security Act (SSA) to accommodate the use of universal product numbers (UPNs) for certain covered items. Amends SSA title XVIII to require any claim for reimbursement for any covered item under Medicare to contain the UPNs of the covered item in order for the claim to be paid. Directs the Secretary of Health and Human Services to study and report annually to the Congress on the implementation of this Act.
Bill· HRH.R. 2804 (105th)referred
United States · United States Congress · 4 November 1997
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.
Bill· SS. 1345 (105th)referred
United States · United States Congress · 30 October 1997
Advance Planning and Compassionate Care Act of 1997 - Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act, as amended by the Balanced Budget Act of 1997, with regard to advance directives in order to: (1) require service providers and eligible organizations to provide an appropriately trained professional for discussing advance directive issues with all adult individuals receiving medical care by or through such entities; and (2) ensure that an advance directive valid in one State will be honored in another State. Requires the Secretary of Health and Human Services to study and report to the Congress on: (1) the implementation of this Act; and (2) all matters relating to the creation of a national uniform policy on advance directives. Requires the Secretary, through the Health Care Financing Administration (HCFA), National Institutes of Health, and the Agency for Health Care Policy and Research, to develop outcome standards and measures to evaluate the performance of health care programs and projects that provide end-of-life care to individuals and the quality of such care. Requires the Secretary, through HCFA, to: (1) establish and operate a clearinghouse and 24-hour toll-free telephone hotline to provide consumer information about advance directives and end-of-life decisionmaking; (2) conduct ongoing evaluations of innovative health care programs that provide end-of-life care to Medicare beneficiaries who are seriously ill or who suffer from a medical condition that is likely to be fatal; and (3) conduct demonstration projects to develop new and innovative approaches to providing end-of-life care to such Medicare beneficiaries. Directs the Secretary to report annually to the Congress on the quality of end-of-life care under the Medicare program, together with any suggestions for legislation to improve the quality of such care under that program. Amends SSA title XVIII, as amended by the Balanced Budget Act of 1997, to provide for Medicare coverage of self-administered prescription drugs which are prescribed for the relief of chronic pain in patients with a life-threatening disease or condition.
Bill· HRH.R. 2784 (105th)referred
United States · United States Congress · 30 October 1997
No Private Contracts To Be Negotiated When the Patient Is Buck Naked Act of 1997 - Directs the Secretary of Health and Human Services to issue regulations prohibiting the discussion or signing of private contracts at any time the patient is naked or in certain other situations in which a normal human being would find it awkward to negotiate a contract with his or her physician.
Bill· SS. 1343 (105th)open
United States · United States Congress · 29 October 1997
TABLE OF CONTENTS: Title I: Imposition of Increased Taxes on Tobacco Products Title II: PHAER Trust Fund Title III: Federal Standards with Respect to Tobacco Products Title IV: Sense of the Senate Public Health and Education Research (PHAER) Act - Title I: Imposition of Increased Taxes on Tobacco Products - Increases the excise tax rate on tobacco products. Title II: PHAER Trust Fund - Establishes in the U.S. Treasury the PHAER Trust Fund into which shall be deposited amounts equivalent to the revenue increase in the Treasury attributable to the increased excise taxes of this Act. Requires 75 percent of the amounts in the Fund to be distributed, as specified, for the following State programs: (1) tobacco education, prevention, cessation, and treatment; (2) the Children's Health Insurance Program; (3) the Special Supplemental Food Program for Women, Infants, and Children, or the Maternal and Child Health Services Block Grant program, or both; (4) the American Stop Smoking Intervention Study for Cancer prevention; and (5) general health care block grants. Requires the remaining 25 percent to be distributed, as specified, for the following Federal programs: (1) tobacco control and prevention; (2) protecting the financial well-being of tobacco farming families and communities; (3) the National Institutes of Health; (4) the Centers for Disease Control and Prevention. Title III: Federal Standards with Respect to Tobacco Products - Amends the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986 to repeal provisions which limit health-related statements on cigarette and smokeless tobacco products and advertisements. Title IV: Sense of the Senate - Expresses the sense of the Senate that any final comprehensive tobacco legislation funded by the PHAER Trust Fund must include, among other things: (1) stiff penalties for advertising that targets children; (2) authority for the Food and Drug Administration to treat tobacco like any other drug; (3) elimination of secondhand tobacco smoke; (4) ingredient disclosure and more prominent health warnings on all tobacco products; and (5) a prohibition on the use of Federal Government resources to weaken nondiscriminatory public health laws or promote tobacco sales abroad.
Bill· SS. 1342 (105th)referred
United States · United States Congress · 29 October 1997
Medicare Frontier Health Clinic and Center Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to permit health clinics and centers in health professional shortage areas with an average of at most six individuals per square mile to participate in the Medicare rural hospital flexibility program.
Bill· SS. 1338 (105th)referred
United States · United States Congress · 29 October 1997
Authorizes the expenditure of certain health care funds by the Ponca Tribe of Nebraska to purchase or build facilities for the health services programs of the Tribe.
Bill· SS. 1334 (105th)referred
United States · United States Congress · 29 October 1997
Directs the Secretary of Defense to enter into an agreement with the Office of Personnel Management to conduct a demonstration project under which covered members and beneficiaries under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) who are or become entitled to hospital insurance benefits under part A of title XVIII (Medicare) of the Social Security Act will be eligible to enroll in health benefits plans offered through the Federal Employees Health Benefits (FEHB) program. Requires the demonstration project to be conducted in two geographic areas and to last at least two, but not more than three, contract years. Provides for: (1) management of participation in the project; (2) Government contributions for beneficiary coverage under the FEHB program; and (3) reporting requirements.
Bill· SS. 1339 (105th)referred
United States · United States Congress · 29 October 1997
TABLE OF CONTENTS: Title I: Compensation and Other Personnel Benefits Subtitle A: Pay and Allowances Subtitle B: Bonuses and Special and Incentive Pays Subtitle C: Travel and Transportation Allowances Subtitle D: Retired Pay, Survivor Benefits, and Related Matters Subtitle E: Other Matters Title II: Health Care Provisions Subtitle A: Health Care Services Subtitle B: Tricare Program Subtitle C: Uniformed Services Treatment Facilities Subtitle D: Other Changes to Existing Laws Regarding Health Care Management Subtitle E: Other Matters Subtitle F: Persian Gulf Illness Title III: Military Construction, Army Title IV: Military Construction, Navy Title V: Military Construction, Air Force Title VI: Military Construction, Defense Agencies Title VII: North Atlantic Treaty Organization Security Investment Program Title VIII: Guard and Reserve Forces Facilities Title IX: Expiration and Extension of Certain Authorizations Title X: General Military Construction Provisions Subtitle A: Military Construction Program and Military Family Housing Changes Subtitle B: Real Property and Facilities Administration Subtitle C: Defense Base Closure and Realignment Subtitle D: Land Conveyances Subtitle E: Other Matters Title XI: Sikes Act Improvement Title I: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - Waives any FY 1998 military pay increases tied to increases in the General Schedule of Compensation for Government employees. Increases the rates of basic pay by 2.8 percent, effective January 1, 1998. (Sec. 102) Entitles all enlisted personnel other than those in basic training to the basic allowance for subsistence (BAS). Provides a new BAS rate based on food costs. Allows BAS to be paid to enlisted personnel in advance for not more than three months. Directs the Secretary of Defense (Secretary) to prescribe policies regarding the use of dining and field messing facilities of the military departments. Provides transitional provisions with respect to the current BAS, terminating such transitional authority on a specified conditional date. (Sec. 103) Consolidates and revises generally Federal provisions concerning the basic allowance for quarters (BAQ), the variable housing allowance, and overseas housing allowances (which include a family separation housing allowance). (Sec. 104) Requires the President to adjust the basic pay of military personnel whenever the General Schedule of Compensation is adjusted. Authorizes the President to allocate such increases among pay grade and years-of-service categories, requiring congressional notification of any such allocation. Requires quadrennial assessment of such allocations. (Sec. 105) Prohibits the total pay and allowances of a member from being reduced when such member is assigned either to field duty at a home station or to temporary duty away from the member's permanent duty station. Subtitle B: Bonuses and Special and Incentive Pays - Extends through FY 1999 specified authorities currently scheduled to expire at the end of FY 1998 with respect to certain special pay and bonus programs within the regular and reserve armed forces. (Sec. 114) Increases the monthly hazardous duty incentive pay and the aviation career incentive pay, the latter effective as of January 1, 1999. (Sec. 116) Increases the aviation officer retention bonus and authorizes bonus agreements to extend for a third year. (Currently, only one or two-year agreements are permitted.) (Sec. 117) Authorizes the payment of an annual retention bonus for certain dental officers who execute a written agreement to remain on active duty for two, three, or four years after completion of their active-duty service commitment. Authorizes the Secretary concerned to extend such bonus authority to other dental officers not immediately qualifying for such bonus. (Sec. 118) Increases the variable and additional special pays for dental officers with specified years of creditable service. (Sec. 119) Authorizes the payment of special pay for members on duty at a location designated by the Secretary as a hardship duty location. (Sec. 121) Makes eligible for the Selected Reserve reenlistment bonus those Reserve enlisted personnel with less than 14 (currently, ten) years of total military service. Authorizes the payment of bonuses for consecutive three-year reenlistments. Revises bonus amounts. (Sec. 122) Provides eligibility for the Selected Reserve reenlistment bonus to an enlisted member of a reserve component who has completed less than 14 (currently, ten) years of total military service. Increases bonus amounts. Provides similar eligibility and amount revisions with respect to former enlisted personnel who become members of the Selected Reserve after completion of their enlisted service. (Sec. 123) Extends to Coast Guard personnel eligibility for payment of a bonus when entering into a reserve affiliation agreement to serve in the reserves upon completion of an active-duty tour. (Sec. 124) Increases the special pay and bonuses authorized for nuclear qualified officers. (Sec. 125) Authorizes the Secretary of the military department concerned (Secretary concerned) to pay either a monthly special pay or an annual bonus for enlisted personnel with designated specialties who agree to extend their tours of duty at designated overseas locations. Requires pro rata repayment of an unearned bonus, with a waiver authorized. Prohibits the concurrent receipt by such personnel of the annual bonus and rest and recuperative absence or transportation. (Sec. 126) Increases from $75 to $100 the monthly family separation allowance. (Sec. 127) Allows for payment of the muster duty allowance within 30 days after such duty is performed. (Currently, such payment is required on or before the date of such duty.) Subtitle C: Travel and Transportation Allowances - Removes certain restrictions on the payment of travel and transportation allowances to dependents of members who receive certain court-martial sentences. (Sec. 132) Changes the authorized amount of the military dislocation allowance from two months of the BAQ to a rate based on the member's pay and dependency status. Subtitle D: Retired Pay, Survivor Benefits, and Related Matters - Authorizes a participant in the Survivor Benefit Plan (SBP) to elect to discontinue participation at any time during the one-year period beginning on the second anniversary of the date on which payment of retired pay to the participant commences. Requires spousal concurrence, with an exception. (Sec. 142) Allows at any time (currently, within one year after remarriage) a change of election in SBP coverage to provide an annuity to a spouse instead of a former spouse. (Sec. 143) Directs the Secretary to review and report to the defense committees on the current Federal protections and benefits afforded to: (1) current and former military personnel and Federal employees; and (2) former spouses of such personnel and employees. (Sec. 144) Authorizes the Secretary concerned to pay an annuity to the qualified surviving spouse of each member who: (1) died before March 21, 1974, and was entitled to retired or retainer pay at the time of death; or (2) was a reserve member between September 21, 1972, and October 1, 1978, and at the time of death would have been entitled to retired or retainer pay except for not having attained 60 years of age. Provides annuity amounts. Terminates annuity payment authority on September 30, 2001. (Sec. 145) Amends the National Defense Authorization Act, Fiscal Year 1989 to authorize the Secretary of Veterans Affairs to consolidate into a single payment certain annuities currently paid by the Secretary of Defense to the survivors of military retirees. Subtitle E: Other Matters - Authorizes the Secretary concerned to repay loans used to finance the education of commissioned officers who are qualified in the health professions. Requires the officer to serve an additional period of active duty in return for such repayment. Limits the repayment amount to $22,000 for each additional year that the officer agrees to extend his or her duty. (Sec. 152) Amends the Coast and Geodetic Survey Commissioned Officers' Act of 1948 to bring the separation pay provisions of commissioned officers of the National Oceanic and Atmospheric Administration into conformity with separation pay authorized for members of the armed forces. (Sec. 153) Makes members of the Public Health Service and National Oceanic and Atmospheric Administration eligible for reimbursement of certain adoption expenses. (Sec. 154) Authorizes the Secretary concerned to pay to World War II veterans who served as guerilla fighters in the Philippines an amount representing the quarters and subsistence allowance which accrued during the period of service between January 1942 and February 1945. (Sec. 155) Directs the Secretary to study and report on military personnel and their families who subsist at, near, or below the poverty level. Directs the Secretary of Agriculture to make available to the Secretary the same payments and commodities for military personnel outside the United States as are made for the special supplemental food program in the United States under the Child Nutrition Act of 1996. Requires an implementation report. Title II: Health Care Provisions - Subtitle A: Health Care Services - Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to include under its military retiree dental insurance plan the surviving spouse and child dependents of military personnel who die while on active duty of 30 days or more and whose dependents are no longer eligible for dental benefits under the regular dental insurance plan. (Sec. 202) Authorizes the provision of prosthetic devices necessary due to significant conditions resulting from trauma, congenital anomalies, or disease. (Sec. 203) Directs the Secretary to conduct a study on the provision to TRICARE beneficiaries of comparative information on the medical assistance provided by a managed care entity. Subtitle B: Tricare Program - Directs the Secretary to prepare and submit a plan for the expansion of the managed care option of the TRICARE Program known as TRICARE Prime into areas outside of the catchment areas of military medical treatment facilities in which such option is a cost-effective alternative. Subtitle C: Uniformed Services Treatment Facilities - Amends the National Defense Authorization Act for Fiscal Year 1997 to authorize the Secretary to modify the effective date of the implementation of military health care designated provider agreements to permit a transition period of not more than six months between the date of agreement execution and the date on which the designated provider commences delivery of health care services. Provides for the temporary continuation during such period of existing health care participation agreements. (Sec. 222) Requires a designated provider to be considered part of the Department of Defense (DOD) for purposes of the continued acquisition of reduced-cost drugs for enrollees under the agreement. (Sec. 223) Directs the Secretary, in establishing the ceiling rate for designated provider enrollees who are also eligible for CHAMPUS services, to take into account the health status of such enrollees. Subtitle D: Other Changes to Existing Law Regarding Health Care Management - Makes active-duty personnel assigned to certain remote duty locations eligible for health care under CHAMPUS. Directs the Secretary to waive any deductible, copayment, or annual CHAMPUS fee with respect to such personnel. (Sec. 232) Authorizes the Secretary to waive or reduce the overseas dental plan copayments required of military dependents who accompany members overseas. (Sec. 233) Directs the Secretary to: (1) establish procedures for the collection of the member's share of premiums under the Selected Reserve dental insurance plan and the retiree dental insurance plan; (2) allow such members to pay such premiums through payroll deduction; and (3) submit an implementation program with respect to both plans. Extends through April 1, 1998, the deadline for implementation of the dental insurance plan for military retirees. (Sec. 234) Makes the administering Secretaries (Secretaries of Defense, Health and Human Services, and Transportation with respect to the Coast Guard when not operating as a service of the Navy) (currently, only the Secretary of Defense) responsible for CHAMPUS dental plan coverage for certain military retirees and their dependents. (Sec. 235) Revises CHAMPUS provisions to conform health care provider reimbursement rates with such rates under title XVIII (Medicare) of the Social Security Act. (Sec. 236) Authorizes the Secretaries of Defense and Transportation to enter into personal services contracts to carry out certain health care responsibilities at locations outside of military medical treatment facilities. Includes the actions of service contract personnel under provisions concerning the defense of lawsuits arising out of medical malpractice. Requires a report from the Secretary on alternative means for performing medical screening examinations routinely performed at military entrance processing stations. (Sec. 237) Authorizes any health-care professional holding a current medical, dental, or other health care license to practice within a DOD health care facility, a civilian facility affiliated with DOD, or any other location authorized by the Secretary. (Sec. 238) Requires the Secretary to prescribe a standard form for the admission of claims for the payment of health care services provided under CHAMPUS. (Sec. 239) Amends the National Defense Authorization Act for Fiscal Year 1995 to extend through FY 1999 the chiropractic health care demonstration program. Requires such program to be expanded to at least three other military health care facilities, including the National Naval Medical Center and the Walter Reed Army Medical Center. Directs the Secretary to: (1) report to the defense committees on the additional facilities participating in the program; and (2) modify the program to evaluate its effectiveness at all of the facilities. Subtitle E: Other Matters - Authorizes the Secretary of the Army to enter into an agreement with an accredited institution of higher education under which students may attend the physician assistant training program conducted by the Army Medical Department at the Academy of Health Sciences at Fort Sam Houston, Texas, in return for the institution's agreeing to perform Academy support services. (Sec. 242) Authorizes the Secretary to pay the costs of any overseas emergency health care provided to military and civilian personnel of the On-Site Inspection Agency. Provides funding. (Sec. 243) Authorizes the Secretary of the Air Force, after 90 days' notice to the defense and appropriations committees, to enter into an agreement with Gerald Champion Hospital, Alamagordo, New Mexico, for the provision of health care services to eligible individuals in a medical resource facility in Alamagordo that is constructed, in part, using funds provided by the Secretary under the agreement. Provides funding for such agreement from Air Force operation and maintenance (O&M) funds. Directs the Secretary to review the proposed agreement and provide comments to the Congress before the agreement may take effect. (Sec. 244) Directs the Secretary to prescribe regulations requiring each source dispensing a prescription medication under CHAMPUS to furnish to the recipient cautionary information on such medication. (Sec. 245) Requires, by October 1, 1998, the competitive procurement outside DOD of all ophthalmic services related to the provision of eyeware for certain current and former military personnel and their beneficiaries, with an exception. (Sec. 246) Directs the Comptroller General (CG) to conduct studies evaluating: (1) the adequacy of the maximum allowable charges for physicians under CHAMPUS and the effect of such charges on physician participation in CHAMPUS; (2) DOD pharmacy programs; and (3) the validity of recommendations made by the Navy's Medical Education Policy Council regarding restructuring the Navy's graduate medical education program (prohibits any restructuring until a required report is submitted). (Sec. 249) Directs the Secretary to report on expanding the eligibility for participation in a demonstration project for the purchase of prescription pharmaceuticals by mail to include additional Medicare-eligible CHAMPUS beneficiaries. (Sec. 250) Directs the CG to study and report to the Congress and the Secretary on current requirements for military medical facilities in the National Capital Region. (Sec. 251) Directs the Secretary to report to the defense committees on the effectiveness of DOD policies and programs promoting healthy lifestyles among military personnel and their dependents. (Sec. 252) Expresses the sense of the Congress that the Congress and the President should address the problems associated with the provision of quality health care to military retirees. Subtitle F: Persian Gulf Illness - Directs the Secretaries of Defense and Veterans Affairs to jointly prepare and submit a plan to provide appropriate health care to Persian Gulf veterans (and their dependents) who suffer from a Gulf War illness. (Sec. 263) Directs the CG to submit a study evaluating revised DOD criteria used by physical evaluation boards to set disability ratings for military personnel who are no longer medically qualified for active duty so as to ensure the accuracy of such ratings with respect to the diagnosis of a Persian Gulf illness. (Sec. 264) Entitles to medical care to the same extent as a member on active duty a member of the reserves who is: (1) a Persian Gulf War veteran with a qualifying symptom or illness; and (2) not otherwise entitled to medical and dental care under either CHAMPUS or veterans' medical care. (Sec. 265) Directs the Secretary to establish a medical tracking system for military personnel deployed outside the United States as part of a contingency or combat operation. (Sec. 266) Directs the Secretary to provide affected members with specified information with regard to the receipt of an investigational new drug, including new drug notification and information concerning possible side effects. (Sec. 267) Directs the Secretary to submit a plan for tracking members and units serving in a theater of operations during a contingency or combat operation. (Sec. 268) Expresses the sense of the Congress that the Secretary should ensure that U.S. military units involved in a contingency or combat operation include specialized units to detect and monitor the presence of chemical, biological, and similar hazards. (Sec. 269) Directs the Secretary to report on the effectiveness of medical research initiatives regarding Persian Gulf War illnesses. (Sec. 270) Directs the Secretaries of Defense and Veterans Affairs to establish a program of cooperative clinical trials at multiple sites to address the effectiveness of protocols for treating Persian Gulf War veterans who suffer from ill-defined or undiagnosed conditions. (Sec. 271) Expresses the sense of the Congress that all promising technologies and treatments relating to Persian Gulf War illnesses should be fully explored and tested to facilitate treatment to such veterans who are stricken with unexplainable illness. Title III: Military Construction, Army - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire family housing units, to carry out architectural planning and design activities, and to improve existing military family housing in specified amounts. Authorizes appropriations to the Army for fiscal years after 1997 for military construction, land acquisition, and military family housing functions of the Army. Limits the total cost of construction projects authorized by this title. (Sec. 305) Authorizes the use of prior-year military construction funds to construct a heliport at Fort Irwin, California. Title IV: Military Construction, Navy - Provides, with respect to the Navy, authorizations for purposes paralleling those for which authorizations are provided for the Army under the previous title. (Sec. 405) Amends the Military Construction Authorization Act for Fiscal Year 1997 to: (1) authorize a military construction project at the Naval Station in Pascagoula, Mississippi, using funds authorized under such Act; and (2) increase the amount authorized for a project at Naval Station Roosevelt Roads, Puerto Rico. Title V: Military Construction, Air Force - Provides, with respect to the Air Force, authorizations for purposes paralleling those for which authorizations are provided for the Army. (Sec. 505) Amends the Military Construction Authorization Act for Fiscal Year 1997 to authorize a military construction project at McConnell Air Force Base, Kansas, using funds authorized under such Act. Title VI: Military Construction, Defense Agencies - Authorizes the Secretary to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to carry out architectural planning and design activities and to improve existing military family housing units, in specified amounts. (Sec. 604) Authorizes the Secretary to carry out certain energy conservation projects. (Sec. 605) Authorizes appropriations to DOD for fiscal years beginning after 1997 for military construction, land acquisition, and military family housing functions of DOD. Limits the total cost of construction projects authorized by this title. (Sec. 607) Authorizes the Secretary to carry out specified military construction projects, using amounts authorized under a prior military construction authorization Act, for a project at McClellan Air Force Base, California. (Sec. 608) Increases the amounts authorized under a prior military construction authorization Act for projects at Pine Bluff Arsenal, Arkansas, and Umatilla Army Depot, Oregon. Title VII: North Atlantic Treaty Organization Security Investment Program - Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization (NATO) Security Investment Program and authorizes appropriations for fiscal years after 1997 for such contributions. Title VIII: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years after 1997 for the Guard and Reserve forces for acquisition, architectural and engineering services, and construction of facilities. (Sec. 802) Increases the amounts authorized under a prior military construction authorization Act for projects at the Army National Guard, Hilo, Hawaii, and the Naval and Marine Corps Reserve, New Orleans, Louisiana. (Sec. 803) Directs the Secretary of the Army, with regard to a military construction project at Camp Williams, Utah, to enter into an agreement under which the State of Utah agrees to provide financial or in-kind contributions toward project land acquisition, site preparation, and relocation costs. Title IX: Expiration and Extension of Certain Authorizations - Terminates all authorizations contained in titles III through VIII of this Act on October 1, 2000, or the date of enactment of an Act authorizing funds for military construction for FY 2001, whichever is later, with exceptions. Extends certain prior-year military construction projects. (Sec. 906) Extends the availability of funds appropriated under a prior defense appropriations Act for construction of over-the-horizon radar at the Naval Station Roosevelt Roads, Puerto Rico. Title X: General Military Construction Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - Requires the Secretary concerned to provide congressional notification when carrying out unspecified minor construction projects even though the project will use funds made available to enhance the deployment and mobility of military forces and supplies. (Sec. 1002) Requires congressional notification by the Secretary concerned when using O&M funds to carry out a repair project with an estimated cost in excess of $10 million. (Sec. 1003) Authorizes the Secretary of the Army to lease up to eight family housing units in the Miami, Florida area for key and essential personnel of the United States Southern Command for which unit rental expenditures exceed normal authorized amounts. (Sec. 1004) Provides for the crediting of financial incentives received by DOD from gas, electric, and water utilities for energy and water cost savings. (Sec. 1005) Requires congressional notification with respect to the use of DOD housing funds for investments in nongovernmental entities. Subtitle B: Real Property and Facilities Administration - Increases from $200,000 to $500,000 the minor land acquisition threshold. (Sec. 1012) Authorizes the Secretary of a military department to convey to a municipal, private, regional, district, or cooperative utility company or other entity part or all of a utility system under its jurisdiction. Requires 21-day prior congressional notification. (Sec. 1013) Authorizes the Secretary concerned to accept amounts provided by a person or entity to cover administrative expenses incurred in entering into real property transactions. (Sec. 1014) Prohibits the Secretary concerned from conveying any real property unless the Administrator of General Services has screened the property for further Federal use under the Federal Property and Administrative Services Act of 1949. Requires notification to the Secretary concerned of screening results. Provides excepted conveyances. (Sec. 1015) Provides for the disposition of proceeds from the sale of Air Force Plant No. 78 in Brigham City, Utah. (Sec. 1016) Directs the Secretary of the Army to report to the defense and appropriations committees a plan to address the requirements for fire protection and hazardous materials protection services at Fort Meade, Maryland. Subtitle C: Defense Base Closure and Realignment - Amends the Defense Authorization Amendments and Base Closure and Realignment Act to direct the head of the Federal agency acquiring non-federal property as a new or replacement Federal facility to consult with the Secretary concerning the feasibility and cost advantages of using Federal property or facilities at a closed military installation in lieu of such an acquisition. Requires the concurrence of the redevelopment authority for the area concerned. (Sec. 1022) Authorizes the Secretary to make grants, conclude cooperative agreements, and supplement other Federal funds to assist a State or local government in enhancing that government's capability to support DOD efforts to privatize its military family support services. (Sec. 1023) Authorizes the Secretary of the Army to enter into an agreement with the local redevelopment authority for the Red River Army Depot, Texas, under which the Secretary shall provide security, fire protection, or hazardous material response services on property under the jurisdiction of such authority after realignment under the base closure laws. (Sec. 1024) Directs the Secretary to prepare and submit to the defense and appropriations committees a report on costs and savings attributable to prior base closure rounds and on the need for additional base closure rounds. Requires the Congressional Budget Office and the CG to review such report. Prohibits the use of any funds for the closure or realignment of military installations until such report and reviews are completed. Expresses the sense of the Senate that the Secretary should develop a system for determining actual costs and savings associated with base closures and apply such system to the 1995 base closure round. (Sec. 1025) Expresses the sense of the Senate that the savings derived from the base closure process should be utilized by DOD solely for the modernization of new weapon systems. (Sec. 1026) Prohibits the Secretary of the Navy, in disposing of real property in connection with the closure of Naval Station, Long Beach, California, from conveying any portion of such property to the China Ocean Shipping Company or any of its successors or subsidiaries. Provides a reversionary interest to the United States if such a transfer occurs. Requires the Secretary and the Director of the Federal Bureau of Investigation to separately submit to the President and the defense and appropriations committees a report on the national security implications of such a conveyance. Provides presidential waiver authority with respect to the prohibition. Subtitle D: Land Conveyances - Part I: Army Conveyances - Authorizes the Secretary of the Army to convey to: (1) Hale County, Alabama, specified real property at the Army Reserve Center, Greensboro; (2) Big Five Community Services Incorporated, an Oklahoma nonprofit corporation, the James T. Coker Army Reserve Center in Durant; (3) the Lawndale Business and Local Development Corporation in Illinois the Gibson Army Reserve Center, Chicago; (4) Caroline County, Virginia, specified real property at Fort A.P. Hill; (5) Wrightstown, New Jersey, and the New Hanover Board of Education specified portions of real property at Fort Dix; (6) Spring Lake and Harnett County, North Carolina, specified portions of real property at Fort Bragg; and (7) Mineral County, Nevada, the Schweer Driving House Area within the Hawthorne Army Ammunition Depot. (Sec. 1038) Amends the National Defense Authorization Act for Fiscal Year 1996 to authorize the Secretary of the Army to convey to Indiana an additional parcel of real property at the Indiana Army Ammunition Plant. (Sec. 1039) Modifies prior land conveyances with respect to: (1) Lompoc, California; (2) the Rocky Mountain Arsenal, Colorado; and (3) the Army Reserve Center, Andersen, South Carolina. Part II: Navy Conveyances - Authorizes the Secretary of the Navy to convey to: (1) the Maine School Administrative District No. 75, Topsham, a parcel of the Topsham Annex, Naval Air Station in Brunswick; and (2) Nassau County, New York, the Naval Weapons Industrial Reserve Plant No. 464 in Oyster Bay. (Sec. 1053) Amends the Military Construction Authorization Act for Fiscal Year 1997 to change from the State of Mississippi to Lauderdale County, Mississippi, the lessee designation with respect to a lease of the Naval Air Station in Meridian. Part III: Air Force Conveyances - Transfers administrative jurisdiction over specified real property at Eglin Air Force Base, Florida, from the Secretary of Transportation to the Secretary of the Air Force. Revokes a contrary executive order. (Sec. 1062) Authorizes the Secretary of the Air Force to convey to: (1) Air Force Village West, Incorporated, in Riverside, California, specified real property at March Air Force Base; (2) the Greater Box Elder Area Economic Development Corporation in Box Elder, South Dakota, specified real property at Ellsworth Air Force Base; (3) Onondaga County, New York, specified real property at Hancock Field, Syracuse; (4) the Bear Paw Development Corporation, Havre, Montana, the Havre Air Force Station and the Havre Training Site; and (5) Bangor, Maine, the Charleston Family Housing Complex in Bangor. (Sec. 1067) Amends the National Defense Authorization Act for Fiscal Year 1996 to direct the Secretary of the Air Force to report on Air Force land exchange options in the vicinity of Shaw Air Force Base, South Carolina. Subtitle E: Other Matters - Authorizes the Secretary of the Navy to terminate or reduce the operations of the Naval Academy Dairy Farm in Gambrills, Maryland. Authorizes such Secretary to lease the dairy farm property, as long as the rural and agricultural nature of the property is maintained. (Sec. 1072) Authorizes the Secretary of the Navy to acquire by long-term lease structures and real property relating to a regional hospital complex in Naples, Italy, that are suitable for the Naples Improvement Initiative. (Sec. 1073) Designates specified military family housing developments at Lackland Air Force Base, Texas, in honor of Frank Tejeda, a late Member of the House of Representatives. (Sec. 1074) Directs the Secretary, in at least one U.S. metropolitan area containing multiple military installations, to provide for the installation of fiber-optics based telecommunications technology to link as many of such installations as possible. Title XI: Sikes Act Improvement - Sikes Act Improvement Act of 1997 - Amends an Act of September 15, 1960, commonly known as the Sikes Act, to officially designate such Act as the Sikes Act. Directs (current law authorizes) the Secretary to carry out a program for the conservation and rehabilitation of natural resources on military installations. Requires the Secretary of each military department to prepare and implement an integrated natural resources management plan (plan) for each military installation under his or her jurisdiction. Authorizes such Secretaries to provide for: (1) the conservation and rehabilitation of natural resources on such installations and the sustainable multipurpose use of such resources; and (2) public access to such installations to facilitate their use. Directs each Secretary to: (1) review military installations under his or her jurisdiction for which the preparation of a plan is appropriate; (2) submit such determinations to the Secretary; and (3) implement such plans within three years thereafter. Requires the Secretary to report such reviews to the Congress. Provides an opportunity for public comment on such plans. (Sec. 1106) Allows wildlife conservation fees collected at military installations which are subsequently closed to be transferred to another military installation and used for the same purpose. (Sec. 1107) Requires annual reviews and reports by the Secretaries of Defense and the Interior with respect to the implementation of such plans. (Sec. 1108) Authorizes multiyear cooperative agreements for plan implementation. (Sec. 1109) Provides for the enforcement on military installations of all Federal laws relating to natural resources conservation on Federal lands. (Sec. 1110) Requires the Secretary of each military department to ensure that sufficient numbers of trained natural resource management and law enforcement personnel are available and assigned to perform necessary tasks for plan compliance. (Sec. 1114) Extends through FY 2003 the authorization of appropriations for natural resources conservation programs on military installations, as well as equivalent programs on other public lands.
Bill· SS. 1335 (105th)referred
United States · United States Congress · 29 October 1997
Osteoporosis Federal Employee Health Benefits Standardization Act - Amends Federal law concerning Government organization and employees to prohibit contracts from being made or plans approved under the health insurance program for Federal employees which do not include coverage of bone mass measurements of qualified individuals.
Bill· HRH.R. 2764 (105th)referred
United States · United States Congress · 29 October 1997
TABLE OF CONTENTS: Title I: Imposition of Increased Taxes on Tobacco Products Title II: PHAER Trust Fund Title III: Federal Standards with Respect to Tobacco Products Title IV: Sense of the House of Representatives Public Health and Education Research (PHAER) Act - Title I: Imposition of Increased Taxes on Tobacco Products - Increases the excise tax rate on tobacco products. Title II: PHAER Trust Fund - Establishes in the U.S. Treasury the PHAER Trust Fund into which shall be deposited amounts equivalent to the revenue increase in the Treasury attributable to the increased excise taxes of this Act. Requires 75 percent of the amounts in the Fund to be distributed, as specified, for the following State programs: (1) tobacco education, prevention, cessation, and treatment; (2) the Children's Health Insurance Program; (3) the Special Supplemental Food Program for Women, Infants, and Children, or the Maternal and Child Health Services Block Grant program, or both; (4) the American Stop Smoking Intervention Study for Cancer prevention; and (5) general health care block grants. Requires the remaining 25 percent to be distributed, as specified, for the following Federal programs: (1) tobacco control and prevention; (2) protecting the financial well-being of tobacco farming families and communities; (3) the National Institutes of Health; (4) the Centers for Disease Control and Prevention. Title III: Federal Standards with Respect to Tobacco Products - Amends the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986 to repeal provisions which limit health-related statements on cigarette and smokeless tobacco products and advertisements. Title IV: Sense of the House of Representatives - Expresses the sense of the House of Representatives that any final comprehensive tobacco legislation funded by the PHAER Trust Fund must include, among other things: (1) stiff penalties for advertising that targets children; (2) authority for the Food and Drug Administration to treat tobacco like any other drug; (3) elimination of secondhand tobacco smoke; (4) ingredient disclosure and more prominent health warnings on all tobacco products; and (5) a prohibition on the use of Federal Government resources to weaken nondiscriminatory public health laws or promote tobacco sales abroad.
Bill· SS. 1326 (105th)referred
United States · United States Congress · 28 October 1997
Amends title XIX (Medicaid) of the Social Security Act to provide for Medicaid coverage of services furnished by certified nurse practitioners and clinical nurse specialists which are authorized under State law to be performed by such a nurse, regardless of whether such services are performed under the supervision of a physician or other health care provider. Defines "clinical nurse specialist" as an individual: (1) licensed as a registered nurse to practice in the State where the clinical nurse specialist services are performed; and (2) holding a master's degree in a defined area of clinical nursing from an accredited educational institution.
Bill· HRH.R. 2750 (105th)open
United States · United States Congress · 28 October 1997
TABLE OF CONTENTS: Title I: Remedy Selection Title II: Liability and Allocation Title III: Community Participation and Human Health Subtitle A: Community Participation Subtitle B: Human Health Subtitle C: General Provisions Title IV: Natural Resource Damages Title V: State Role Title VI: General Provisions Superfund Cleanup Acceleration and Liability Equity Act - Title I: Remedy Selection - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to revise provisions regarding general rules for remedy selection. Requires exposure assessments to be consistent with the current and reasonably anticipated uses of land, water, and other resources identified by the President. Directs the President, for purposes of selecting appropriate methods of remediation for a given facility, to identify current and reasonably anticipated uses of land, water, and other resources at and around the facility and the timing of such uses. Permits land use assumptions restricting future use to be used in evaluating remedial alternatives only to the extent that institutional controls meeting specified criteria have been or will be adopted in the final remedy. Requires the President, in identifying current and reasonably anticipated future groundwater uses, to defer to State determinations regarding such uses where the State has made such determination on a facility-specific basis. Prohibits the use of groundwater from being identified as drinking water for groundwater: (1) that contains more than 10,000 milligrams per liter total dissolved solids; (2) that is so contaminated by naturally occurring conditions or by the effects of human activity unrelated to a specific activity that restoration of drinking water quality is impracticable; or (3) if the potential source of drinking water is physically incapable of yielding 150 gallons per day of water to a well or spring without adverse environmental consequences. Directs the President to use site-specific risk assessment to: (1) determine the nature and extent of risk to human health and the environment; (2) assist in establishing remedial objectives for the facility respecting releases or threatened releases of hazardous substances and in identifying geographic areas or exposure pathways of concern; and (3) evaluate alternative remedial actions for a facility to determine their risk reduction benefits. Requires the President, where a final remedy relies on stabilization, containment, or engineering controls to limit exposure, institutional controls, or other measures, to include requirements for regular monitoring or oversight of the effectiveness and protectiveness of the remedy. Provides certain procedures for the remediation of hot spots. Revises provisions regarding the degree of cleanup. Provides that the standards set forth in CERCLA shall govern the level or standard of control for remedies, remedy selection, and on-site management of hazardous substances in lieu of any other Federal, State, or local standards, except as otherwise provided. Requires point source discharges or emissions of hazardous substances into U.S. waters or ambient air that result from the conduct of a remedy to comply with State and Federal standards respecting such discharges or emissions. Requires response actions to return usable groundwater to beneficial uses, wherever practicable, within a time frame that is reasonable given the particular circumstances of the site. Sets forth additional objectives for response actions with respect to remedy selection for groundwater. Provides that compliance with State standards for protection shall not be required unless such standards are of general applicability, consistently applied, and identified to the President in a timely manner. Directs the President to consider new procedures for conducting remedial investigations and feasibility studies in an efficient, cost-effective, and timely manner. Requires the President to emphasize performance-based standards. Provides for a phased approach to site characterization and remediation in which remedies are arrived at through a sequence of investigations and actions. Directs the President to maintain a registry of restrictions on the use of land, water, or other resources through institutional controls that are included in final records of decisions as part of the basis of decision at National Priority List (NPL) facilities. Requires the President to study and report on the use and effectiveness of institutional controls at NPL facilities and to issue recommendations to improve efficiency and effectiveness. (Sec. 102) Authorizes the President, in order to respond to a release of a hazardous substance, to acquire a hazardous substance easement which limits or controls the use of land, water, or other natural resources. Permits easements and notices of property use restrictions to be used whenever institutional controls have been selected as a component of a removal or remedial action. Makes easements enforceable for 20-year periods (unless terminated pursuant to this Act) against owners of affected property or persons who acquire interest in, or rights to use, the property. (Sec. 103) Requires risk assessments and characterizations conducted under CERCLA to: (1) provide scientifically objective, informative, and understandable assessments, estimates, and characterizations which neither minimize nor exaggerate the nature and magnitude of health and environmental risks; (2) distinguish scientific findings from other considerations; and (3) be based on the best, relevant, and current scientific and technical information. (Sec. 104) Requires the President, in setting priorities for remedial action under the national hazardous substance response plan (part of the national contingency plan for the removal of oil and hazardous substances), to place highest priority on facilities with releases resulting in actual ongoing human exposures at levels of public health concern or demonstrated adverse effects. (Sec. 105) Alters the criteria for the continuance of obligations for removal actions to provide that actions shall not continue after $3 million (currently, $2 million) has been obligated or two years (currently, 12 months) have elapsed from the date of initial response to a release or threatened release of hazardous substances. (Sec. 107) Makes amendments made by this title applicable to final remedial actions selected under CERCLA for which records of decision were signed, or consent decrees were lodged, after October 28, 1997. Requires the Environmental Protection Agency (EPA) to maintain a process to update remedies for which design, construction, or operation and maintenance activities are ongoing as of this Act's enactment date in order to bring past decisions into line with the current state of knowledge with respect to remediation science, technology and engineering, best available facility data, and the most recent EPA policy and guidance. Title II: Liability and Allocation - Revises liability provisions to provide exemptions from liability, for response costs incurred after October 28, 1997, for activity prior to such date, for certain small businesses, persons arranging for disposal, treatment, or transport of only municipal solid waste or sewage sludge who are businesses with fewer than 100 employees, and de micromis parties other than owners or operators who do not impede the performance of a response action or natural resource restoration at an NPL facility. Absolves of liability: (1) owners or operators who are bona fide prospective purchasers of an NPL facility or persons who inherited such a facility; or (2) Federal or State governmental entities or municipalities whose liability is based solely on ownership of a right-of-way or public transportation route over which hazardous substances are transported or on the granting of a license to conduct business. Exempts from liability U.S. Government actions taken in response to a natural disaster. Limits liability with respect to: (1) response costs incurred after October 28, 1997, for activity prior to such date by certain non-owners or operators who arranged for the disposal, treatment, or transport of only municipal solid waste or sewage sludge; (2) codisposal landfills proposed for listing on the NPL before such date that are owned or operated by municipalities and not subject to criteria for solid waste landfills under the Solid Waste Disposal Act; and (3) response costs incurred after such date by certain owners or operators who are tax-exempt organizations. Exempts certain contiguous property owners from liability. Grants the United States a lien for unrecovered response costs on a facility for which the owner is not liable by reason of being a bona fide prospective purchaser described above. Prescribes conditions for such liens. Bars liens with respect to property: (1) for which the property owner preceding the first such purchaser is not liable or has resolved liability; or (2) where an audit or inquiry gives the purchaser no reason to know of the release of hazardous substances. Makes amendments pertaining to liability exemptions and limitations inapplicable to actions brought for costs incurred before October 28, 1997. (Sec. 202) Adds to the list of parties eligible for expedited final settlements certain small businesses or parties whose contribution of hazardous substances was small. (Sec. 203) Adds provisions to effect the allocation of liability for response costs at multiparty facilities. Provides for mandatory (at NPL facilities at which response costs are incurred after October 28, 1997) and requested allocations. Places a moratorium on litigation asserting claims for, or seeking recovery of, response costs in connection with actions for which allocations are required or initiated until 90 days after issuance of the allocator's report. Stays pending actions or claims, until such prescribed period, unless the court determines that a stay will result in manifest injustice. Sets forth requirements concerning the allocation process, including those for the notification of potentially responsible parties (PRPs) and determinations regarding de minimis parties. Authorizes the allocation parties to select a neutral allocator from a list provided by the EPA Administrator (Administrator) or from candidates proposed by the parties. Permits PRPs, prior to the issuance of the allocator's report, to submit a private allocation to the allocator. Requires the allocator to adopt such allocation as the report if it meets specified conditions. Directs the allocator to conduct an allocation process culminating in the issuance of a report with a nonbinding, equitable allocation of the percentage shares of responsibility, including the orphan share, within 180 days of the issuance of the final list of parties or the date of the contract for allocation service, whichever is later. Sets forth components of orphan shares. Requires shares that the allocator cannot attribute to any party to be distributed among parties, including the orphan share. Prescribes civil and criminal penalties for failures to comply with the allocator's request for information or for making knowingly false statements. Authorizes the Administrator and the Attorney General to reject the allocator's report under certain conditions. Includes within settlements based on allocated shares: (1) a waiver of contribution rights against all PRPs for the response costs as well as a waiver of rights to challenge any settlement the President enters into with any other PRP; (2) covenants not to sue; (3) a site-specific premium that compensates for the U.S. litigation risk with respect to PRPs who have not resolved liability (unless the settlement covers 100 percent of response costs); (4) contribution protection regarding matters addressed in the settlement; and (5) provisions through which the settling parties shall receive reimbursement from the Hazardous Substance Superfund (Superfund) for response costs incurred in excess of the aggregate of their allocated share and any premia required by the settlement. Lists maximum amounts for premia authorized for litigation risk. Permits the Administrator to modify such amounts. Provides for reimbursements of premia under certain conditions. Sets forth conditions under which a party that performs work in excess of its allocated share may be reimbursed. Authorizes the United States to commence actions against liable persons who have not resolved liability following allocation. Sets forth provisions regarding funding of orphan shares. Makes Federal agencies identified as PRPs subject to the allocation process to the same extent as any other party. Declares that the procedures set forth in this section shall not be construed to modify the principles of retroactive, strict, joint, and several liability. Provides that persons who are potentially liable solely as response action contractors shall not be named as allocation parties under this section. (Sec. 204) Absolves persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that: (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental standards regarding such batteries. Makes the exemptions from liability under this Act inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) added hazardous substances to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Makes such exemptions inapplicable if the recyclable material contained polychlorinated biphenyls in excess of 50 parts per million or any new Federal standard. (Sec. 205) Provides that response action contractors shall not be liable solely as a result of testing or implementation of alternative or innovative treatment or containment technologies with respect to a response action if use of the technology has been approved by the authorized Federal or State regulatory agency. Title III: Community Participation and Human Health - Subtitle A: Community Participation - Revises provisions regarding grants for technical assistance to make such grants available to Community Advisory Groups or affected communities (defined as two or more individuals affected by the release or threatened release of hazardous substances at a facility listed or proposed for listing on the NPL or at which the Administrator is undertaking an action anticipated to exceed one year or a specified funding limit (covered facility)). Expands the list of authorized grant activities. Requires the President to take specified actions to provide for meaningful public participation in every significant phase of a response action under CERCLA. Permits Community Advisory Groups, affected Indian tribes and communities, and local government and health officials to propose remedial alternatives to the President. Requires the President to make records relating to response actions at a facility available to the public throughout all phases of an action. Sets forth additional requirements with respect to public notice of certain removal actions. (Sec. 303) Directs the President to provide the opportunity for the establishment of a Community Advisory Group, a representative public forum, to achieve direct, regular, and meaningful consultation with all interested parties throughout all stages of a response action whenever: (1) the President determines such a group will be helpful; or (2) ten individuals residing in the area in which the facility is located, or ten percent of the population of a locality in which the NPL facility is located, whichever is fewer, petition for a Group to be established. Authorizes such Groups to offer recommendations on the anticipated future use of land at a facility prior to the selection of a remedy. Authorizes the President to provide administrative support for such Groups. Directs the Administrator to submit to the Congress a community study that includes an analysis of: (1) the speed of listing; (2) the speed and nature of response actions; (3) the degree to which public views are reflected in response actions; (3) future land use determinations and use of institutional controls; and (4) the population, race, ethnicity, and income characteristics of communities affected by facilities listed or proposed for listing on the NPL. Requires periodic updates of such study. Directs the Administrator to institute necessary improvements or modifications to address any deficiencies identified by the study. (Sec. 305) Requires the Administrator to conduct a program to assist in the recruitment and training of individuals in affected communities for employment in response activities. (Sec. 306) Directs the Administrator to evaluate areas such as Indian country or poor rural communities that warrant special attention and to identify up to five facilities in each EPA region that are likely to warrant inclusion on the NPL. Accords such facilities a priority in evaluation for NPL listing and scoring. (Sec. 307) Authorizes grants from Superfund to be made to nonprofit organizations for the training and education of workers engaged in activities related to hazardous waste removal or containment or emergency response. Allocates 20 percent of such grants for training of minority and other community-based workers engaged in such activities. Raises the maximum amount allowed for such grants for FY 1999 through 2003. Subtitle B: Human Health - Requires the President to notify State and local public health authorities and tribal health officials whenever there is reason to believe that a release (or threat of release) of a hazardous substance, pollutant, or contaminant has occurred, is occurring, or is about to occur. Directs the Administrator of the Agency for Toxic Substances and Disease Registry (ATSDR) to perform a health assessment or related health activity, at a minimum, for each facility listed or proposed for listing on the NPL, including Federal facilities. Requires the ATSDR Administrator to develop and distribute educational materials on human health effects of hazardous substances to the public. (Sec. 314) Authorizes the ATSDR Administrator, pursuant to specified grants and contracts, to facilitate the provision of health services to communities affected by the release of hazardous substances. (Sec. 315) Provides for cooperation with Indian tribes with respect to certain ATSDR activities. Requires the ATSDR Administrator to include in a biennial report on ATSDR activities the health impacts on Indian tribes of hazardous substances from covered facilities. Subtitle C: General Provisions - Sets forth effective dates for provisions of this title. Title IV: Natural Resource Damages - Removes natural resource liability provisions. Requires sums recovered for such damages by the U.S. Government, a State, or an Indian tribe to be used only for reasonable restoration measures for such resources. (Sec. 402) Sets forth requirements for the designation of a lead trustee in cases where more than one Federal, State, or tribal trustee has cause to conduct a natural resource damage assessment. (Sec. 403) Requires Federal or State natural resource trustees or Indian tribes seeking natural resource damages to initiate mediation with PRPs by means of the mediation procedure or another alternative dispute resolution method recognized by the district court in which the action is filed. (Sec. 404) Makes the amendments made by this title inapplicable to actions to recover such damages that were filed before October 28, 1997. (Sec. 405) Limits the measure of natural resource damages to the reasonable costs of: (1) assessing such damages; (2) restoring such resources; and (3) the lost-use of such resources occurring after December 11, 1980. Bars recovery for any impairment of nonuse values as a separate compensable damage. Prohibits contingent valuation methodology and other economic polling techniques from being used to value lost natural resource services or particular restoration alternatives. (Sec. 406) Sets forth goals of natural resource restoration. (Sec. 407) Bars double recovery by a Federal, State, or tribal trustee under any Act for natural resource damages. (Sec. 408) Permits recovery of natural resource damages by a trustee only if the damage assessment demonstrates that the hazardous substance release was a cause of any alleged natural resource injuries that deviate from the baseline condition. Title V: State Role - Authorizes States, pursuant to contracts or cooperative agreements, to apply to the Administrator to take or require: (1) preremedial actions at any non-federally owned or operated facility that is not listed on the NPL; or (2) response actions at non-federally owned or operated NPL facilities or removal actions at any facility proposed for listing on the NPL. Sets forth requirements for State enforcement and allocation of liability. (Sec. 502) Prohibits the Administrator from providing funding to States for response actions or response actions, except for emergency removal actions, unless the affected State provides assurances that it will pay ten percent of the cost of the action or funding and will assure oversight of any operation and maintenance of response actions. Title VI: General Provisions - Provides that the approval of a State Governor is not necessary before the President lists a facility on the NPL.
Bill· HRH.R. 2754 (105th)referred
United States · United States Congress · 28 October 1997
Health Care Worker Protection Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act and Federal veterans benefits law to make it a condition of participation, except in specified circumstances, that hospitals use only designated hollow-bore needle devices that minimize the risk of needlestick injury to health care workers when furnishing services to individuals under the Medicare program and to individuals in veterans hospitals. Directs the Commissioner of Food and Drugs to designate classes of hollow-bore needle devices that minimize the risk of needlestick injury, in consultation with an advisory council the Commissioner shall establish for such purpose. Directs the Secretary of Health and Human Services to provide for such education and training in the use of such designated devices as the Secretary determines appropriate. Authorizes appropriations.
Bill· SS. 1317 (105th)referred
United States · United States Congress · 24 October 1997
Environmental Health Protection Act of 1997 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to require the President to notify State, local, and tribal public health authorities whenever a release (or threat of release) of a hazardous substance, pollutant, or contaminant has occurred or is about to occur and such release is under investigation pursuant to CERCLA. Provides that in a public health emergency, exposed persons shall be eligible for referral to licensed or accredited health care providers. (Currently, such persons are eligible for admission to hospitals and other facilities and services operated by the Public Health Service.) Requires the Administrator of the Agency for Toxic Substances and Disease Registry (ATSDR) to prepare toxicological profiles of hazardous substances that are not currently on the list of those that pose a most significant threat to human health but have been detected at covered facilities and are determined to pose a significant potential health threat due to known or suspected toxicity to humans and potential for human exposure. Defines "covered facilities" as facilities: (1) that are listed or proposed for listing on the National Priorities List (NPL); (2) at which the Administrator of the Environmental Protection Agency is undertaking a removal action that is anticipated to exceed one year or a specified funding limit; or (3) with respect to which the ATSDR Administrator has approved a petition for a health assessment or related health activity. Includes Indian tribes in the list of individuals to whom the ATSDR Administrator is required to provide consultations on health issues related to hazardous substance exposure. Provides for cooperation with Indian tribes with respect to certain ATSDR activities. Directs the ATSDR Administrator to perform a health assessment or related health activity for each covered facility (currently a health assessment for each NPL facility). Applies existing authorities related to assessments to health activities as well. Requires the President and the ATSDR Administrator to exchange information necessary to make a public health determination sufficiently before completion of a remedial investigation and feasibility study to allow full consideration of the public health implications of a release. Bars the delay of progress of a remedial action pending completion of a health assessment or health related activity. Includes cumulative effects of chemicals in the list of factors to be considered in a health assessment. Expands the list of parties to whom completed health assessments and recommendations are to be provided to include Indian tribes, local health officials, community advisory groups, and waste site information offices. Requires the ATSDR Administrator to include in the biennial report on ATSDR activities the health impacts on Indian tribes of hazardous substances from covered facilities. Provides for the distribution of: (1) medical education materials on hazardous substance exposure to local health officials; and (2) educational materials on human health effects of such substances to communities potentially affected by a facility. Requires the ATSDR Administrator to facilitate the provision of environmental health services in communities that: (1) may have been or may be subject to exposure to a hazardous substance from a covered facility; and (2) have a medically underserved population or lack sufficient expertise in environmental health. Directs the ATSDR Administrator, if considered appropriate, to conduct health education activities to make a community near a covered facility aware of the steps the community may take to mitigate or prevent exposure to hazardous substances and the health effects of such substances. Requires the ATSDR Administrator to conduct a study relating to the identification, assessment, and management of, and response to, multiple sources of exposure affecting or potentially affecting a community.
Bill· HRH.R. 2727 (105th)open
United States · United States Congress · 23 October 1997
Title I: Remedy Selection and Environmental Standards Title II: Community Participation and Human Health Subtitle A: Community Participation Subtitle B: Human Health Title III: Liability Reform Title IV: Brownfields Revitalization Title V: State Role Title VI: Natural Resources Damages Title VII: Oil Pollution Title VIII: Miscellaneous Title IX: Funding Subtitle A: Expenditures From the Hazardous Substance Superfund Subtitle B: 5-Year Extension of Hazardous Substance Superfund Superfund Acceleration, Fairness, and Efficiency Act - Title I: Remedy Selection and Environmental Standards - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to revise remedy selection provisions. Authorizes remedial actions to achieve protection of human health and the environment through: (1) treatment that reduces the toxicity, mobility, or volume of hazardous substances, pollutants, or contaminants; (2) natural attenuation; (3) containment or other controls to limit exposure or release; (4) removal of contaminated media; (5) a combination of treatment, containment, and removal; or (6) other methods of protection. (Current law requires that actions in which treatment which permanently and significantly reduces the volume, toxicity, or mobility of such substances is a principal element are to be preferred over actions not involving such treatment.) Requires the President to give preference to remedies that include a treatment component for discrete areas within a facility that contain: (1) high concentrations of highly toxic substances that present such a threat to human health or the environment that it would be imprudent to rely solely on remedies that exclude such component; or (2) high concentrations of such substances that cannot be controlled reliably through engineered barriers and therefore could present such threats if not treated. Directs the President, in any case in which a selected action allows hazardous substances to remain on-site at a facility above concentration levels that would be protective for unrestricted use, to: (1) include, as an integral component of the remedy, restrictions on the use of land, water or other resources to provide long-term health and environmental protection; (2) not determine the remedy to be complete until a mechanism is established to ensure ongoing monitoring and operation and maintenance of the remedy and until necessary institutional controls are implemented and subject to monitoring and enforcement; and (3) ensure that such controls remain in effect as long as necessary to protect human health and the environment. Authorizes the President to use institutional controls as a supplement to, but not as a substitute for, other response measures except in extraordinary circumstances. Establishes public notice requirements with respect to the selection of remedies at facilities relying on such controls. Directs the President to maintain a registry of restrictions on the use of land, water, or other resources through institutional controls that are included in final records of decision as an integral component of the remedy at facilities that are, or have been, on the National Priorities List (NPL). Requires the Administrator of the Environmental Protection Agency (EPA) to report annually to specified congressional committees on each record of decision signed during the previous fiscal year, the type of institutional controls and media affected, and the institution designated to monitor, enforce, and ensure compliance with such controls. (Sec. 104) Revises requirements for the degree of cleanup. Requires the President, in determining what is protective of human health and the environment, to conduct site-specific human health and ecological risk assessments. Bases human exposure assessments on the reasonably anticipated uses of land and water. Bases determinations of what is protective of plants and animals on the significance of impacts from a release or threatened release of hazardous substances to a local ecosystem and plant and animal communities or populations. Requires selected remedies to take into account reasonably anticipated beneficial uses of: (1) land at a facility and, as appropriate, of nearby property; and (2) groundwater that are or may be impacted by releases or threatened releases and the timing of such uses. Sets forth assumptions to be made by the Administrator regarding such uses. Requires remedial actions with respect to hazardous substances that will remain onsite to comply with requirements applicable to the operation of such actions and that will attain at least any promulgated concentration levels applicable to determining the level of cleanup for actions under: (1) a Federal environmental or facility siting law legally applicable to the substance concerned; or (2) a legally applicable State law that is identified by the State to the President as applicable at the facility to the proposed remedial alternative, that is of general applicability, and that is consistently applied to response actions in the State. Requires final remedies, to the extent technically practicable, to prevent impairment of any designated use of surface water under the Federal Water Pollution Control Act and to ensure that uncontaminated groundwater is protected from contamination unless: (1) the remedial action includes natural attenuation to facilitate restoration of groundwater to beneficial use within a reasonable period of time; (2) an alternative concentration limit has been adopted; or (3) the groundwater has no beneficial use. Requires final remedies to prevent or eliminate, at a minimum, human ingestion or exposure to drinking water containing hazardous substances in levels exceeding Maximum Contaminant Levels under the Safe Drinking Water Act, including the provision of an alternative water supply. (Sec. 105) Directs the President to consider new procedures for conducting remedial investigations and feasibility studies in an efficient, cost-effective, and timely manner. Provides for a phased approach to site characterization and remediation in which remedies are arrived at through a sequence of investigations and actions. (Sec. 106) Authorizes the President, to expedite and increase the efficiency of the remedy selection process, to establish generic remedies where such remedies are demonstrated to be effective in protecting human health and the environment. Permits such remedies to provide for consideration of site-specific factors along with generic approaches for particular categories of sites. Waives the requirement for a site-specific risk assessment (other than a baseline) in cases where generic remedies are applied. Permits the Administrator to issue waivers of generic remedies if information submitted by the interested party demonstrates that a generic remedy is inappropriate or that another alternative can protect human health and the environment through less costly means. (Sec. 107) Authorizes the President, in order to respond to a release or threatened release of a hazardous substance, to acquire a hazardous substance easement which limits or controls the use of land or other natural resources. Permits easements to be used whenever institutional controls have been selected as a component of a remedial action and the national contingency plan. Makes easements enforceable in perpetuity (unless terminated pursuant to this Act) against owners of affected property or persons who acquire interest in, or rights to use, the property. Sets forth provisions regarding the President's authority to assign easements to other parties. (Sec. 108) Requires risk assessments and characterizations conducted under CERCLA to: (1) provide objective assessments, estimates, and characterizations which neither minimize nor exaggerate the nature and magnitude of health and environmental risks; (2) distinguish scientific findings from other considerations; (3) be based on the best, relevant, and current scientific and technical information; and (4) be based on a careful analysis of the weight of scientific evidence that supports conclusions about a problem's potential health and environmental risk. Directs the President to: (1) update and publish exposure and ecological risk assessment guidelines consistent with such principles; and (2) conduct a study of the cancer potency values of 12 specified hazardous substances frequently found to pose significant risks at NPL facilities. (Sec. 109) Requires the President to establish a National Superfund Remedy Review Board to control remedy costs and to provide for protective, consistent, and cost-effective remedial decisions at NPL facilities. Directs the Board, for remedial alternatives identified after this Act's enactment date and following identification of a preferred remedy, to review remedies for NPL facilities for which the estimated cost of the preferred remedy exceeds $15 million. Permits the Board to review remedies for which the estimated cost is less than such amount, if requested. Authorizes the President to establish a different threshold for remedy review for U.S.-owned or operated facilities. Provides for public notice of such reviews. (Sec. 110) Directs the President to review past Superfund records of decision, upon request of an interested party within 12 months of this Act's enactment date, to ensure that such decisions reflect the current state of knowledge with respect to remediation science and technology and to improve the cost-effectiveness of site remediation while ensuring long-term health and environmental protection. Defines a past record of decision as one selecting a remedy for an NPL site that was signed prior to October 2, 1995, and that has not been reviewed pursuant to a specified EPA directive or otherwise updated since such date. Title II: Community Participation and Human Health - Subtitle A: Community Participation - Requires the President to take specified actions to provide for meaningful public participation in every significant phase of a response action at a facility listed or proposed for listing on the NPL (covered facilities). Permits Community Advisory Groups, affected Indian tribes and communities, local government officials, and State and local health officials to propose remedial alternatives to the President. (Sec. 203) Requires the President to make records relating to response actions at covered facilities available to the public throughout all phases of an action. Sets forth minimum requirements for documents made available to the public which describe risk to human health. (Sec. 204) Authorizes a State with an NPL site to establish a Superfund Site Information Office. Requires the Administrator to provide financial and other assistance to States for establishment and operation of such Offices. Directs the Administrator to establish such Offices within EPA for States that fail to do so. (Sec. 205) Revises provisions regarding grants for technical assistance to authorize the Administrator to make such grants to Community Advisory Groups or affected communities with respect to: (1) covered facilities; (2) facilities at which the Administrator is undertaking a response action anticipated to exceed one year; or (3) facilities at which a specified funding limit is anticipated to be reached. (Sec. 207) Sets forth specific notice and comment requirements to provide for public participation in removal actions. (Sec. 208) Requires the President to provide the opportunity for the establishment of a Community Advisory Group, a representative public forum, to achieve direct, regular, and meaningful consultation with all interested parties throughout all stages of a response action whenever: (1) the President determines such a group will be helpful; or (2) 25 individuals residing in the area in which the facility is located, or ten percent of the population of a locality in which the NPL facility is located, whichever is fewer, petition for a Group to be established. Authorizes such Groups to offer recommendations on the anticipated future use of land at a facility prior to the selection of a remedy. Authorizes the President to provide technical and administrative support for such Groups. (Sec. 209) Directs the Administrator to submit to the Congress and Superfund Site Information Offices a community study that includes an analysis of: (1) the duration of time between the discovery and listing of a facility; (2) the timing and nature of response actions; (3) the degree to which public views are reflected in response actions; (3) future land use determinations and use of institutional controls; (4) the population, race, ethnicity, and income characteristics of communities affected by facilities listed or proposed for listing on the NPL; and (5) the risk presented by each such facility. Requires periodic updates of such study. Directs the Administrator to institute necessary improvements or modifications to address any deficiencies identified by the study. Subtitle B: Human Health - Requires the Agency for Toxic Substances and Disease Registry (ATSDR) Administrator to develop and distribute educational materials on human health effects of hazardous substances to the public. Authorizes the ATSDR Administrator to provide grant or contract assistance to individuals who may be affected by releases or threatened releases when: (1) a public health assessment is conducted at an NPL facility; or (2) a facility is being evaluated for inclusion on the NPL. Authorizes and directs the ATSDR Administrator, pursuant to such grants or contracts, to provide diagnostic services, health data registries, and preventative public health education to communities affected by such releases. (Sec. 223) Requires the President, in setting priorities for remedial action under the national hazardous substance response plan (part of the national contingency plan for the removal of oil and hazardous substances), to place highest priority on facilities with releases resulting in actual ongoing human exposures at levels of public health concern or demonstrated adverse effects. (Sec. 224) Requires the Administrator to evaluate areas such as Indian country or poor rural communities that warrant special attention and identify up to five facilities in each EPA region that are likely to warrant inclusion on the NPL. Accords such facilities a priority in evaluation for NPL listing and scoring. Title III: Liability Reform - Revises limits on obligations from the Hazardous Substance Superfund (Superfund) to continue response actions. Bars the President from taking or requiring response actions at any facility after $4 million has been expended or two years have elapsed from the date of initial response unless the facility is on or proposed to be on the NPL or: (1) continued response actions are required to prevent or mitigate an emergency; (2) there is immediate risk to public health or welfare or the environment; and (3) such assistance will not be otherwise provided on a timely basis. Revises confidentiality requirements with respect to information regarding response actions and applies such requirements to contractors. (Sec. 302) Bars the President from issuing orders in connection with abatement actions to protect public health and the environment against any person who would not be liable for damages and costs described under general liability provisions. (Sec. 304) Absolves of liability for response costs and damages certain owners or operators and contiguous property owners, including persons who inherited the property concerned or received it by charitable donation and government entities that acquired property involuntarily or through eminent domain, if such persons: (1) did not cause or contribute to the hazardous substance release that caused the incurrence of response costs; and (2) exercised due care with respect to such substance. Exempts from liability construction contractors whose liability is based solely on construction contract activities and who did not know of the presence of hazardous substances and exercised due care upon discovery of such substances. Grants the United States a lien for unrecovered response costs on a facility for which the owner is not liable by reason of meeting the conditions described above. Prescribes conditions for such liens. Bars liens with respect to property: (1) for which the property owner preceding the current owner is not liable or has resolved liability; or (2) where an environmental assessment gave the owner or operator no reason to know of the release of hazardous substances. (Sec. 305) Absolves certain small businesses and de minimis parties of liability with respect to actions taken before October 23, 1997. Removes such exemption if the de minimis materials contribute significantly to response costs or to natural resource damages. Directs the Administrator to establish a small business Superfund assistance section within the EPA small business ombudsman office to provide assistance and information regarding CERCLA and the allocation and settlement processes. (Sec. 306) Revises contribution provisions to require an action by a potentially responsible party (PRP) against another PRP for recovery of costs to be commenced within the later of: (1) three years after completion of a removal action or within six years after initiation of physical on-site construction for a remedial action; or (2) three years after the date of judgment in any action for recovery or the date of any administrative order or judicial settlement for recovery of costs or damages. Provides that a person who has resolved liability to a State or an Indian tribe in an administrative or judicially approved settlement shall not be liable for claims by persons other than the United States regarding response costs or damages addressed in the settlement. Provides the same protection for persons who have resolved liability to the United States (except for liability to a State for remedial or removal action costs). Includes protection against all claims that may be asserted against the settling party for recovery of costs or damages paid by another person if addressed in the settlement, except claims based on contractual indemnification. Limits the right to seek contribution from other parties where: (1) the person asserting the right has waived such right in a settlement; (2) the person from whom the contribution is sought is not liable under CERCLA; or (3) the person from whom the contribution is sought has entered into a final settlement with the United States. Makes any person who commences a contribution action liable to the person against whom the action is brought for all reasonable costs of defending against the claim if the action: (1) is barred for the reasons stated above; (2) is brought against a person who is protected from suits by reason of settlement with the United States; or (3) is brought during a specified moratorium period. (Sec. 307) Expands the exemption from liability for response action contractors to include exemption from liability under State or local law unless a State has enacted a law determining liability of such contractors. Extends certain indemnification agreements made by the President with respect to negligence of response action contractors to any claims for negligence arising under State or local law. Extends certain provisions relating to surety bonds with respect to direct Federal procurement of response actions. Bars actions against contractors more than six years after the completion of work. Makes such prohibition inapplicable in cases of gross negligence or intentional misconduct or in States or political subdivisions where the State has enacted a statute determining liability for such contractors. (Sec. 308) Requires consent decrees pursuant to settlements to require the parties to attempt expeditiously to resolve disagreements concerning implementation of the remedial action informally with Federal and State agencies. Requires such decrees to provide authority for the Federal district court with jurisdiction to resolve disagreements. Authorizes the Administrator, if a PRP will be paying amounts to the President as part of a settlement for carrying out a response action, to accept ownership of a financial instrument running irrevocably to the benefit of the United States to conduct such response actions. Revises provisions regarding mixed funding to require the President to reimburse parties from Superfund where settlements or administrative orders require them to perform response actions at NPL sites where the costs will exceed the aggregate equitable shares of costs. Provides special conditions for funding with respect to settlements entered into, or orders issued, before October 23, 1997. Authorizes the President to delay reimbursements in fiscal years in which funds are unavailable. Requires (current law authorizes) the President to offer PRPs (currently, any person) who enter into settlement agreements that are in the public interest a final covenant not to sue concerning liability to the United States for response actions or costs, provided that: (1) the settling party agrees to perform a final remedial action for the release that is the subject of the settlement; (2) the agreement has been reached prior to the commencement of litigation against the settling party; (3) the settling party waives all contribution rights against other PRPs at the facility; (4) the settling party pays a premium that compensates for the risks of remedy failure, future liability, and unanticipated increases in the cost of any uncompleted action (unless the party is performing the action); (5) the remedial action does not rely on institutional controls to ensure continued health and environmental protection; and (6) the settlement is otherwise acceptable to the United States. Authorizes the President, for settlements for which covenants are unavailable, to provide any person with a covenant not to sue concerning any liability to the United States if the covenant not to sue is in the public interest. Makes PRPs who are natural persons, small businesses, or municipalities with a demonstrated limited ability to pay response costs eligible for expedited settlements. (Sec. 309) Absolves persons (other than owners or operators) who arranged for the recycling of recyclable material or who transported such material from liability for environmental response actions with respect to NPL facilities. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that: (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental standards regarding such batteries. Deems transactions involving used oil to be arranging for recycling if the person involved demonstrates that: (1) the recyclable material was sent to a facility that recycled used oil by using it as a feedstock for the manufacture of a new saleable product; (2) the material was not mixed with hazardous waste regardless of when generated; (3) the material (or product made from the material) could have been a replacement for a virgin raw material; (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations; (5) he or she was in compliance with standards for the management of used oil under the Solid Waste Disposal Act; and (6) the transaction was not for the purpose of recycling used oil by using it for dust suppression. Makes the exemptions from liability inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration (in the case of materials other than used oil) or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) had reason to believe that hazardous substances had been added to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Makes such exemptions inapplicable if the recyclable material contained: (1) polychlorinated biphenyls in excess of the threshold for regulation under the Toxic Substances Control Act; or (2) a concentration of a solid waste determined by the Administrator to be inherently waste-like (including certain hazardous wastes and sludges) pursuant to specified Federal regulations. (Sec. 310) Requires the President, upon request of two or more PRPs at an NPL facility or vessel, to initiate an allocation for a response action at such facility or vessel if: (1) the action is not the subject of a consent decree entered, or an administrative order issued, before October 23, 1997; and (2) the aggregate costs of all actions at such facility or vessel are estimated to exceed $5 million. Provides for allocations, upon request of such parties, for actions that are undergoing construction pursuant to such decrees or orders if provided for under Section 311 of this Act. Makes the allocation process inapplicable to any U.S.-owned or operated facility or vessel and any facility or vessel for which there is only one PRP or for which there has been a final settlement, decree, or order that determines the allocated shares of all PRPs. Sets forth requirements for the President in initiating the allocation process. Authorizes the Administrator or the Attorney General, as representatives of Superfund, and any State that may be responsible for costs, to participate in allocation proceedings. Places a moratorium on litigation seeking recovery of response costs or contributions in connection with actions for which the President has initiated allocations until 150 days after issuance of the allocator's report or of a subsequent report under this section. Stays pending actions or claims, including those under State law, until such prescribed period unless the court determines that a stay will result in manifest injustice. Sets forth requirements for the selection of a neutral, third party allocator by PRPs or the President. Describes the allocator's authorities. Authorizes the allocator, based on collected information, to amend the list of PRPs to add, delete, or change the status of such parties. Permits allocation parties to submit the names of additional PRPs to the allocator. Sets forth procedures for the allocation of response costs to PRPs and Superfund by the allocator. Divides unattributable shares pro rata among the allocation parties and Superfund. Requires the allocator to issue an allocation report identifying the share of response costs attributable to each party, individually and by category, and to Superfund. Permits private allocations submitted by allocation parties to be adopted as the allocation report under certain conditions. Sets forth: (1) confidentiality requirements with respect to documents submitted to the allocator; (2) conditions under which the Administrator and Attorney General may reject the allocator's report; and (3) requirements for accepting settlements based on allocations. Authorizes the United States to commence an action against any allocation party that has not resolved its liability to the United States following an allocation. (Sec. 311) Sets forth conditions under which parties responsible for carrying out response actions pursuant to consent decrees entered, or administrative orders issued, before October 23, 1997, shall be entitled to mixed funding. Title IV: Brownfields Revitalization - Directs the President to establish a program to provide grants to eligible States or political subdivisions, including Indian tribes, for: (1) inventory and assessment of brownfield facilities; and (2) capitalization of revolving loan funds for remedial actions at such facilities. Defines a "brownfield facility" as real property with respect to which expansion or redevelopment is complicated by the presence or potential presence of a hazardous substance. Makes Superfund monies available for such grants. (Sec. 402) Authorizes the Administrator to provide technical and other assistance to States to establish and expand State voluntary cleanup programs. Makes limited amounts available from Superfund for FY 1998 through 2002 for such assistance. (Sec. 403) Bars the President or any person (other than a State), with respect to a facility that is not listed or proposed for listing on the NPL at which there is a release or threatened release of a hazardous substance, from taking an administrative or judicial enforcement action or bringing a civil action if a voluntary response action is being conducted under an approved State plan or the action has been certified as complete by a State. Makes exceptions to this prohibition if the State requests the President to take action or in certain cases of emergency, risk, or migration of contamination across State lines. Title V: State Role - Authorizes the Administrator to delegate authority to States to take specified actions at NPL facilities, including actions relating to response, liability, settlements, allocations, Federal facilities, remedy selections, and community participation. Sets forth administrative provisions and restrictions on such authority. Authorizes States to request delisting of NPL facilities for which responsibility has been transferred. Permits the Administrator to withdraw State authority under certain conditions. Sets forth conditions under which the President may take actions in States to which authorities have been delegated. (Sec. 502) Allows the Administrator to authorize States to implement a State hazardous substance response program in lieu of the response action authorities of this Act at any NPL facility. Sets forth administrative provisions and restrictions on such authority. Permits States to delist a facility from the NPL if no further action to address the contamination is necessary to protect health and the environment or cleanup is proceeding under the Solid Waste Disposal Act. Authorizes the Administrator to withdraw State authority under certain conditions. Sets forth conditions under which the President may take actions in States implementing State response programs. (Sec. 503) Requires the Administrator to provide grants to, or enter into contracts with, States to which authorities have been delegated. Revises provisions requiring contracts with States before remedial actions are provided to prohibit the Administrator or a State to which authorities have been delegated from providing any remedial action unless the State enters into an agreement providing assurances that it will pay ten percent of the costs of the action and the costs of operation and maintenance. (Sec. 506) Permits the President to add a facility to the NPL only with the concurrence of the Governor of the State in which the facility is located. Authorizes the President to add a facility without a Governor's concurrence 12 months following the request for concurrence if the Governor has not taken a response action to address the release or threatened release at the facility and the facility presents sufficient risks under the Hazard Ranking System to be listed as a national priority. Provides for deferrals to listing if long-term remedial action will be conducted under other Federal authorities or if remedial action that will provide long-term health and environmental protection is underway under a State response program. (Sec. 507) Extends certain provisions authorizing reimbursements by the President to local governments affected by releases or threatened releases to affected States as well. (Sec. 508) Sets forth provisions regarding enforcement and dispute resolution regarding remedy selection at Federal facilities for which authorities have been delegated to a State. Title VI: Natural Resources Damages - Revises provisions regarding liability for natural resources damages to include the governments of foreign countries whose natural resources are damaged in the list of parties to which a charged party may be liable. (Sec. 604) Sets forth provisions regarding the designation of trustees for natural resources by Indian tribes and foreign governments. (Sec. 606) Limits the measure of damages to a natural resource to: (1) reasonable costs of restoration; (2) the loss of use by the public of the resource prior to restoration, except that any loss before December 11, 1980 (CERCLA's enactment date), shall not be recoverable; and (3) costs of reasonable assessment of damages to the resource. Bars recovery for psychological damages. (Sec. 607) Sets forth requirements for damage assessments by Federal, State, Indian tribe, and foreign trustees. (Sec. 608) Requires all assessments to be adjudicated in a de novo trial in a Federal district court. Provides for public participation in the damage assessment process. Limits admissibility of relevant evidence that is not made public. (Sec. 610) Permits sums recovered by trustees to be available only for restoration, replacement, or acquisition of natural resources. (Sec. 611) Precludes trustees who receive compensation for natural resources damages or claims pursuant to this Act from recovering compensation for the same natural resource pursuant to any other State or Federal law. Bars recovery under such other laws if recovery for such resources is made under this Act. Prohibits double liability for such resources in the same manner as double recovery is barred. Bars recovery for natural resources damages where such damages and the release of a hazardous substance from which such damages resulted occurred wholly before December 11, 1980. (Sec. 613) Requires a foreign claimant, in order to recover such damages, to demonstrate that: (1) he or she has not been otherwise compensated for such damages; and (2) recovery is authorized by an agreement between the United States and the claimant's country or the Secretary of State has certified that such country provides a comparable remedy for U.S. claimants. Permits foreign claims for damages resulting from a release or threatened release in or on the territorial sea, internal waters, or adjacent shoreline of a foreign country only if the release is from: (1) an Outer Continental Shelf facility or a deepwater port; (2) a vessel in the navigable waters; or (3) a vessel carrying a hazardous substance as cargo between two places in the United States. (Sec. 614) Makes this title inapplicable to actions to recover natural resources damages in which a trial has begun before July 1, 1997, or in which a final settlement, decree, or order has been issued before such date. Title VII: Oil Pollution - Amends the Oil Pollution Act of 1990 to make amendments conforming to those made to CERCLA in Title VI of this Act with respect to natural resources damages, recovery, and liability. Title VIII: Miscellaneous - Expands CERCLA provisions regarding treatment of Indian tribes to afford Indian tribes the same treatment as States with respect to provisions regarding public participation and remedy selection. Deems references to State facilities under CERCLA to mean facilities on Federal Indian reservations as well. Requires the President to conduct a study of, and report to the Congress on, the health impacts on Indian tribes of pollutants, contaminants, and hazardous substances released from facilities listed on or proposed for listing on the NPL. (Sec. 803) Amends the Superfund Amendments and Reauthorization Act of 1986 to require certain grants for the training and education of workers engaged in hazardous waste removal or containment or emergency response activities to be made from Superfund. Allocates at least 20 percent of funds for such purposes to the training of minority and other community-based workers who are involved in such activities. Title IX: Funding - Subtitle A: Expenditures From the Hazardous Substance Superfund - Revises the list of activities for which expenditures from Superfund are authorized. Permits the President to use Superfund monies for administrative costs directly related to the costs of authorized activities. Bars the use of Superfund for response actions that are not removal actions with respect to non-NPL facilities. Repeals provisions regarding the assumption of certain liability by the Post-closure Liability Fund. (Sec. 902) Authorizes appropriations to Superfund for FY 1998 through 2002. Subtitle B: 5-Year Extension of Hazardous Substance Superfund - Amends the Internal Revenue Code to extend the environmental tax to taxable years beginning after December 31, 1997, and before January 1, 2003. Extends specified provisions regarding: (1) Superfund's financing rate; (2) limits on tax if the unobligated balance in Superfund exceeds a specified amount; and (3) the repayment deadline for advances made to Superfund.
Bill· HRH.R. 2726 (105th)open
United States · United States Congress · 23 October 1997
Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to use a competitive process to contract with specific hospitals or other entities meeting specified quality standards for furnishing services related to surgical procedures, as well as appropriate services to hospital inpatients unrelated to surgery, with payment made on the basis of negotiated all-inclusive rates.
Bill· HRH.R. 2725 (105th)referred
United States · United States Congress · 23 October 1997
Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act, as inserted by the Balanced Budget Act of 1997, to repeal the authority to offer private fee-for-service plans under the Medicare+Choice program.
Bill· SS. 1307 (105th)open
United States · United States Congress · 22 October 1997
TABLE OF CONTENTS: Title I: Retiree Health Benefits Protection Title II: Retiree Continuation Coverage Retiree Health Benefits Protection Act - Title I: Retiree Health Benefits Protection - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to add rules governing litigation involving the termination or reduction of retiree health benefits. Title II: Retiree Continuation Coverage - Amends ERISA, the Public Health Service Act, and the Internal Revenue Code to extend group health plan insurance continuation coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 to retirees and their dependents, in cases of substantial reduction or elimination of a retiree group health plan. Allows early retirees and their dependents who lost such employer-sponsored health benefits to purchase continuing group health insurance coverage until they become eligible for Medicare.
Bill· HRH.R. 2697 (105th)referred
United States · United States Congress · 22 October 1997
Osteoporosis and Related Bone Diseases Research Act of 1997 - Amends the Public Health Service Act to require specified institutes of the National Institutes of Health to expand and intensify research on osteoporosis and related bone diseases. Directs the Director of the National Institute of Arthritis and Musculoskeletal and Skin Diseases, after consultation with the advisory council for the Institute, to make grants to, or enter into contracts with, public or nonprofit private entities for the development and operation of not less than three centers to conduct research on osteoporosis and related bone diseases. Sets a limitation on the duration of support for the centers. Authorizes appropriations.
Bill· HRH.R. 2693 (105th)referred
United States · United States Congress · 22 October 1997
Osteoporosis Early Detection and Prevention Act of 1997 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to require a group health plan, and an insurer offering group coverage, to include coverage for bone mass measurement for individuals who: (1) are estrogen-deficient women at clinical risk for osteoporosis; (2) have vertebral abnormalities; (3) are receiving chemotherapy or long-term gluococorticoid (steroid) therapy; (4) have primary hyperparathyroidism, hyperthyroidism, or excess thyroid replacement; or (5) are being monitored to assess the response to or efficacy of approved osteoporosis drug therapy. Regulates frequency and cost sharing. Prohibits related denial of coverage, incentives to individuals, restrictions on provider-patient communications, and provider penalties. Allows State laws providing greater detection or prevention benefits. Amends the Public Health Service Act to apply the above requirements to coverage offered in the individual market.
Bill· HRH.R. 2699 (105th)referred
United States · United States Congress · 22 October 1997
Osteoporosis Federal Employee Health Benefits Standardization Act of 1997 - Amends Federal law concerning Government organization and employees to prohibit contracts from being made or plans approved under the health insurance program for Federal employees which do not include coverage of bone mass measurements of qualified individuals.
Bill· HRH.R. 2701 (105th)open
United States · United States Congress · 22 October 1997
Amends title XVIII (Medicare) of the Social Security Act, as amended by the Balanced Budget Act of 1997, to: (1) remove from payments to Medicare+Choice organizations those amounts attributable to disproportionate share hospital (DSH) payments; and (2) direct the Secretary of Health and Human Services to make direct payments to a DSH for any individual: (1) enrolled under a risk-sharing contract with an eligible organization and entitled to benefits under Medicare part A (Hospital Insurance); or (2) enrolled with a Medicare+Choice organization under Medicare part C (Medicare+Choice).
Bill· HRH.R. 2704 (105th)referred
United States · United States Congress · 22 October 1997
Osteoporosis and Related Bone Disorders Resource Center Act of 1997 - Amends the Public Health Service Act to authorize appropriations to establish and operate the information clearinghouse (mandated under current law) on osteoporosis and related bone disorders.
Bill· HRH.R. 2703 (105th)referred
United States · United States Congress · 22 October 1997
Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act, as inserted by the Balanced Budget Act of 1997, to provide for continuation after 2001 of continuous open enrollment of individuals in Medicare+Choice plans.
Bill· SS. 1299 (105th)referred
United States · United States Congress · 21 October 1997
Asthma Inhaler Regulatory Relief Act - Prohibits the Environmental Protection Agency and the Food and Drug Administration from prohibiting the manufacture, distribution, or sale of metered-dose inhalers using chlorofluorocarbons unless alternatives are available that, for all user populations, are comparable in safety, effectiveness, therapeutic indications, dosage strength, costs, and retail availability. Mandates withdrawal of a proposed rulemaking and prohibits issuing any other proposal until after a specified meeting and extensive consultations with stakeholders. Requires, after that meeting: (1) a new proposed rulemaking setting forth the initial strategy for facilitating the U.S. transition to metered-dose inhalers that do not use chlorofluorocarbons; and (2) submission of the strategy to the Montreal Protocol Secretariat to fulfill U.S. obligations under a specified Protocol decision.
Bill· HRH.R. 2681 (105th)open
United States · United States Congress · 21 October 1997
Making Affordable Prescriptions Available for Seniors Act - Amends the Public Health Service Act to establish a program of pharmacy assistance for persons at least 65 years old with no pharmacy benefits from an insurance policy supplemental to title XVIII (Medicare) of the Social Security Act or coverage from any third party payor and whose income is under a specified level. Allows an annual enrollment fee (of not over $15) and deductibles. Mandates copayments not over $10 per prescription. Prohibits approval of an application under provisions of the Public Health Service Act relating to biological products or provisions of the Federal Food, Drug, and Cosmetic Act relating to new drugs if the drug manufacturer submits with the application the results of research carried out by the National Institutes of Health or under an agreement under specified provisions of the Stevenson-Wydler Technology Innovation Act of 1980 until the manufacturer agrees to pay to the Secretary of Health and Human Services seven percent of the gross sales receipts.
Bill· HRH.R. 2687 (105th)referred
United States · United States Congress · 21 October 1997
Amends title XVIII (Medicare) of the Social Security Act to provide for payment for drugs furnished incident to hospital outpatient department services (other than drugs furnished for use outside the hospital) under the prospective payment system for hospital outpatient department services.
Bill· HRH.R. 2668 (105th)referred
United States · United States Congress · 9 October 1997
Medicare Medical Savings Account (MSA) Expansion Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to remove the sunset date for and numerical limitation on Medicare participation in Medicare+Choice medical savings account (MSA) plans.
Bill· HRH.R. 2671 (105th)referred
United States · United States Congress · 9 October 1997
Senior Citizen Respiratory Care Preservation Act of 1997 - Declares that, with respect to the furnishing of an ultrasonic nebulizer, the determination of medical necessity shall be under the same terms and conditions as applied to such equipment on December 1, 1996, and the amount of payment for such equipment shall be made without respect to alternatives. Describes a nebulizer as an item of durable medical equipment: (1) for which payment may be made under part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act; and (2) that for such payment purposes, as of December 1, 1996, was assigned HCPCS Code E0575.
Bill· SS. 1273 (105th)referred
United States · United States Congress · 8 October 1997
Directs the Secretary of Defense to ensure that any program to make prescription pharmaceuticals available by mail to covered beneficiaries under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) does not exclude covered beneficiaries who are also entitled to hospital insurance benefits under part A of title XVIII (Medicare) of the Social Security Act.
Bill· HRH.R. 2640 (105th)referred
United States · United States Congress · 8 October 1997
Partial Hospitalization Services Integrity Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to: (1) deny coverage of partial hospitalization services in home and skilled nursing home settings; (2) provide for new qualifications for community mental health centers as the Secretary of Health and Human Services may specify to ensure the health and safety of individuals being furnished mental health services and the effective or efficient furnishing of such services; and (3) authorize the Secretary to establish by regulation a prospective payment system for partial hospitalization services provided by a community mental health center or hospital to its outpatients. Directs the Secretary to: (1) provide for periodic re-certification to ensure that the provision of such services complies with appropriate criteria under the Public Health Service Act; and (2) implement a demonstration project under Medicare part B (Supplementary Medical Insurance) under which community mental health centers may offer expanded partial hospitalization services which are not currently covered as such under Medicare for purposes of providing for a full continuum of ambulatory behavioral health care services.
Bill· HRH.R. 2639 (105th)referred
United States · United States Congress · 8 October 1997
Medicare Prostate Cancer Screening Act of 1997 - Amends the Balanced Budget Act of 1997 to accelerate from January 1, 2000, to January 1, 1998, the effective date for the prostate cancer screening test benefit under the Medicare program.
Bill· HRH.R. 2632 (105th)referred
United States · United States Congress · 7 October 1997
TABLE OF CONTENTS: Title I: Revisions to Sanctions for Fraud and Abuse Subtitle A: Exclusion Authority Subtitle B: Civil Monetary Penalties Subtitle C: Criminal Penalties Subtitle D: Miscellaneous Provision Title II: Improvements in Protecting Program Integrity Subtitle A: General Provisions Subtitle B: Other Provisions Title III: Provider Enrollment Process; Fees Title IV: Payment Improvements Subtitle A: Mental Health Partial Hospitalization Services Subtitle B: Rural Health Clinic Services Medicare and Medicaid Beneficiary Protection Act of 1997 - Title I: Revisions to Sanctions for Fraud and Abuse - Subtitle A: Exclusion Authority - Amends title XI of the Social Security Act (SSA) to make various specified technical revisions with respect to: (1) mandatory exclusion of certain individuals and entities from participation in Medicare and State health care programs; (2) civil monetary penalties; and (3) criminal penalties for acts involving Federal health care programs. (Sec. 101) Applies mandatory exclusion based on a felony conviction relating to controlled substance to: (1) health care practitioners, providers, or suppliers; (2) persons with an ownership or control interest in a health provider or supplier; (3) officers, directors, agents, or managing employees of such an entity; and (4) health care employees generally. (Sec. 103) Extends the application of sanctions to: (1) all Federal health care programs, including the Federal Employees Health Benefits program; and (2) individuals who have had, as well as those who currently have, a direct or indirect ownership or control interest in a sanctioned entity. Subtitle B: Civil Monetary Penalties - Amends SSA title XI civil monetary penalty requirements to: (1) eliminate the "knowing" standard with respect to improperly filed claims provisions; (2) establish civil monetary penalties for medical or other items or services ordered or prescribed by an excluded individual or entity; (3) permit the Secretary of Health and Human Services (HHS) to pursue civil monetary penalty actions after consulting the Attorney General (currently, only as the Attorney General authorizes); and (4) extend subpoena and injunction authority to provisions for the exclusion of certain individuals and entities from participation in Medicare and State health care programs. (Sec. 116) Amends SSA title XVIII to state that each act of a non-participating physician for which a sanction may be applied with respect to an item or service shall be treated as a claim for payment for that item or service, and the amount of such claim shall be considered to be the amount of the request for payment made by that physician with respect to that item or service. (Sec. 117) Applies anti-dumping sanctions to physicians who refuse an appropriate transfer at a hospital with specialized capabilities or facilities. Subtitle C: Criminal Penalties - Amends SSA title XI to revise criminal penalties for acts involving Federal health care programs: (1) eliminating the "willful" standard (requiring only a "knowing" standard) for illegal remunerations; (2) repealing the exemption from kickback penalties for organizations and individuals involved in risk-sharing contracts; and (3) applying anti-kickback penalties to all Federal health care programs. (Sec. 124) Amends the Federal criminal code to provide for the treatment of certain SSA crimes as Federal health care offenses. Subtitle D: Miscellaneous Provision - Amends SSA title XI to repeal the Secretary's authority to issue advisory opinions providing guidance for application of health care fraud and abuse sanctions. (Sec. 132) Repeals the requirement for TIN numbers and adds a requirement for social security account numbers and Federal employer identification numbers as identification numbers to be used with the adverse action data base. Requires that such data base information be made available to private accreditation organizations, and other agencies, organizations, hospitals, and health care entities to which information on licensing sanctions may be disclosed. Title II: Improvements in Protecting Program Integrity - Subtitle A: General Provisions - Amends SSA titles XI (as amended by the Balanced Budget Act of 1997) and XVIII to exempt from the automatic stay requirements of the Federal bankruptcy code and to make nondischargeable in bankruptcy proceedings: (1) any civil monetary penalty or program exclusion imposed on a health care provider by the HHS Office of Inspector General; and (2) any recoupment of a Medicare overpayment. (Sec. 202) Amends SSA title XI, as amended by the Balanced Budget Act of 1997, to direct the HHS Secretary to: (1) establish a schedule of hourly rates for the conduct of annual financial and compliance audits during each fiscal year for all covered health care entities; and (2) provide for the conduct of such audits, in a separate HHS office, by specially trained and qualified personnel of each entity's substantial compliance with payment requirements. Amends SSA titles XVIII and XIX to require covered health care entities to make annual payments to the Secretary for such audits. Makes appropriations to the Secretary from such payments for the sole purpose of conducting the audits. Directs the Secretary to study and report to the Congress on examining and accrediting agencies that audit and inspect covered entities. (Sec. 203) Amends SSA titles XVIII and XIX to make Medicare carriers, State Medicaid agencies, and fiscal intermediaries liable to the Secretary for any payment of claims submitted by excluded providers after the Secretary notifies the organization or agency of such exclusion. (Sec. 204) Bases Medicare payment for hospital outpatient department services on payment rates for similar services provided outside the hospital setting. Directs the Medicare Payment Advisory Commission to report to the Congress and the HHS Secretary on whether the diagnosis-related group (DRG) weighting factors associated with emergency care are adequate to cover the costs of emergency room use within discharges classified within such groups. Directs the HHS Secretary, taking into account such report, to make appropriate adjustments in such DRG weighting factors for discharges occurring on or after January 1, 2000, as may be appropriate to ensure that hospital emergency room costs attributable to Medicare patients are appropriately covered. (Sec. 205) Amends SSA title XVIII (Medicare) to direct the HHS Secretary to publish a standard form for certificates of medical necessity and certificates of terminal illness. (Sec. 206) Provides for no mark-up in the payment amount established for drugs, biologicals, or parenteral nutrients. Directs the HHS Secretary to modify the standard claim form used under Medicare part B (Supplementary Medical Insurance) for physicians' services so that it provides for the reporting of the national drug code number for any prescription drug for which such a number has been assigned. (Sec. 207) Provides for adjustments in hospital payments to reflect excess payment resulting from a financial interest with one or more home health (down-stream) facilities. Subtitle B: Other Provisions - Amends SSA title XVIII, as amended by the Balanced Budget Act of 1997, to direct the Secretary to provide that each explanation of Medicare benefits for home health services shall include the total amount that the home health agency or other provider of such services billed for such services. (Sec. 212) Prohibits "cold call" door-to-door or telephone marketing for Medicare+Choice plans and home health agencies. Title III: Provider Enrollment Process; Fees - Amends SSA title XVIII to authorize the Secretary to: (1) establish a procedure for enrollment and periodic reenrollment of individuals or entities that are not providers of services subject to the provisions on eligibility for payment but that furnish health care items or services under Medicare; and (2) impose fees for the initiation and renewal of provider agreements and for enrollment and periodic reenrollment of other individuals and entities furnishing health care items or services under Medicare. (Sec. 302) Directs the HHS Secretary, as appropriate, to require individuals, employers, health plans, and health care providers to provide their employer identification numbers and social security account numbers in order to receive a unique health identifier. Allows the Secretary to impose fees for issuing such identifiers. (Sec. 303) Mandates the imposition of administrative fees for collection of Medicare overpayments. Title IV: Payment Improvements - Subtitle A: Mental Health Partial Hospitalization Services - Amends SSA title XVIII to deny payment for mental health partial hospitalization services in an individual's home or in a skilled nursing facility. Prescribes additional qualifications for community mental health centers. (Sec. 403) Provides that, with respect to each community mental health center that furnishes partial hospitalization services for which payment is made under SSA title XVIII, the HHS Secretary shall provide for periodic recertification to ensure that the provision of such services complies with the Public Health Service Act. (Sec. 404) Authorizes the HHS Secretary to establish a prospective payment system for partial hospitalization services provided by a community mental health center. Limits Medicare beneficiary coinsurance to 20 percent of the new payment basis. (Sec. 405) Directs the HHS Secretary to implement a Medicare part B (Supplementary Medical Insurance) demonstration project under which community mental health centers may offer expanded partial hospitalization services (outpatient mental health services and other appropriate mental health services which are not partial hospitalization services) for purposes of providing for a full continuum of ambulatory behavioral health care services. Subtitle B: Rural Health Clinic Services - Amends SSA title XVIII to provide for decreased beneficiary cost sharing for rural health clinic services. (Sec. 412) Directs the HHS Secretary to establish a prospective payment system for rural health clinic services.
Bill· HRH.R. 2633 (105th)open
United States · United States Congress · 7 October 1997
Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to publish a standard form for certificates of medical necessity and certificates of terminal illness.
Law· HRH.R. 2607 (105th)enacted
United States · United States Congress · 6 October 1997
TABLE OF CONTENTS: Title I: Fiscal Year 1998 Appropriations Title II: District of Columbia Medical Liability Reform Subtitle A: Standards for Health Care Liability Actions and Claims in the District of Columbia Subtitle B: General Provisions Subtitle C: Effective Date Title III: District of Columbia Education Reform Act of 1997 Subtitle A: Amendments to District of Columbia School Reform Act of 1995 Subtitle B: Student Opportunity Scholarships Subtitle C: Other Education Reforms District of Columbia Appropriations, Medical Liability Reform, and Education Reform Act of 1998 - Makes appropriations for the District of Columbia for FY 1998. Title I: Fiscal Year 1998 Appropriations - District of Columbia Appropriations Act, 1998 - Appropriates Federal funds for: (1) the contribution to the operation of the District government; (2) the Office of the Inspector General; (3) a five percent pay increase for police officers who perform nonadministrative public safety services and meet certain minimum standards; (4) a five percent pay increase for uniformed fire fighters; (5) the public schools; (6) payment to the District's Corrections Trustee; (7) payment to the District's Corrections Trustee for Correctional Facilities; (8) payment to the District's criminal justice system; (9) the U.S. Park Police; and (10) the District of Columbia Scholarship Fund. Appropriates specified sums out of the District's general fund (and other funds, in some cases) for the current fiscal year for: (1) the District of Columbia Taxpayers Relief Fund; (2) the District of Columbia Deficit Reduction Fund; (3) governmental direction and support; (4) economic development and regulation; (5) public safety and justice; (6) the public education system; (7) human support services; (8) public works; (9) the Washington Convention Center Enterprise Fund; (10) repayment of loans and interest; (11) repayment of the general fund recovery debt; (12) payment of interest on short-term borrowing; (13) certificates of participation; (14) human resources development; (15) the Management Reform and Productivity Fund; (16) critical improvements and repairs to school facilities and streets; (17) the District of Columbia Financial Responsibility and Management Assistance Authority (Authority); (18) the Water and Sewer Authority and the Washington Aqueduct; (19) the Lottery and Charitable Games Enterprise Fund; (20) the Cable Television Enterprise Fund; (21) the Public Service Commission; (22) the Office of the People's Counsel; (23) the Department of Insurance and Securities Regulation; (24) the Office of Banking and Financial Institutions; (25) the Starplex Fund; (26) the District of Columbia (D.C.) General Hospital; (27) the D.C. Retirement Board; (28) the Correctional Industries Fund; and (29) capital outlay. Sets forth authorized uses of, and limitations on, such funds. Bars the use of revenues from Federal sources to support the operations of the D.C. Statehood and Statehood Compact Commissions. Requires the District to identify the sources of funding for Admission to Statehood from its own locally-generated revenues. (Sec. 110) Prohibits funds appropriated in this Act from being available to pay the salary of any District government employee whose name, title, grade, salary, work experience, and salary history are not available for inspection by specified congressional committees and subcommittees and the District Council. (Sec. 114) Bars the D.C. Mayor from borrowing any funds for capital projects without prior approval of the Council. (Sec. 124) Applies any sequestration orders under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to each account appropriating Federal funds in this Act rather than to the aggregate total of such accounts. Requires the Mayor, in the event such an order is issued after amounts appropriated to the District have been paid, to pay sequestered amounts to the Secretary of the Treasury (Secretary). (Sec. 128) Bars the use of Federal funds provided in this Act to provide for salaries or other expenses associated with the offices of U.S. Senator or Representative under the District of Columbia Statehood Constitutional Convention Initiatives of 1979. (Sec. 129) Prohibits the expenditure of funds appropriated under this Act for abortions except where the mother's life would be endangered if the fetus were carried to term or in cases of rape or incest. (Sec. 130) Bars the use of funds made available in this Act to enforce the Health Care Benefits Expansion Act of 1992 or to implement any system of registration of unmarried, cohabitating couples for purposes of extending employment, health, or governmental benefits to such couples on the same basis as extended to married couples. (Sec. 136) Makes the evaluation process and instruments for evaluating District public school employees a non-negotiable item for collective bargaining purposes. (Sec. 138) Amends the District of Columbia Government Comprehensive Merit Personnel Act of 1978 to authorize District government agency heads, during FY 1998, to identify positions for abolishment. Requires any District employee in such a position, regardless of hiring date, to be separated without competition or assignment rights, except as provided by this section. Entitles an affected employee who, but for this section, would be entitled to compete for retention, to one round of lateral competition limited to positions in the employee's competitive level. Adds five years to the creditable service of employees who are bona fide District residents for reduction-in-force purposes. Considers certain nonresident District employees to be residents as well. Sets forth provisions regarding notification, contests of determinations or separations, and severance pay. Requires the Mayor to submit a listing of all positions to be abolished to the Council by March 1, 1998, or upon the delivery of termination notices to individual employees. Restricts providers from whom District employees may receive disability compensation services to District government medical officers and hospitals or physicians or managed care organizations approved by the Mayor. (Currently, employees have the option of choosing services by physicians or hospitals approved by the Mayor.) (Sec. 139) Establishes a ceiling on total operating expenses for the District for FY 1998. Sets forth conditions under which grants excluded from such ceiling may be accepted. Repeals provisions of certain laws which authorize the Authority and the Water and Sewer Authority to expend non-appropriated funds derived from interest or excess revenues. (Sec. 140) Amends the District of Columbia Home Rule Act to grant the Chief Financial Officer (CFO) authority to appoint and remove specified accounting, budget, and financial personnel, including employees of the District Lottery and Charitable Games Control Board. Considers such personnel at-will employees not covered by the District of Columbia Government Comprehensive Merit Personnel Act of 1978. Prohibits the Mayor from entering into any contract, or issuing any order or regulation, with respect to any authority or activity under the CFO's jurisdiction. Adds administering the District's Medicaid plan to the list of the CFO's duties. Sets forth procedures and conditions for removal of the CFO by the Authority or the Mayor. (Sec. 141) Prohibits any person from having disability status, for purposes of any District retirement program for teachers, police, or fire fighters, unless the determination of status is made by a single entity designated by the District to make such determinations. Requires the Mayor, by January 1, 1998, and every six months thereafter, to engage an enrolled actuary to provide an analysis of the actuarial impact of disability retirements occurring during the previous six-month period on the police and fire fighter retirement programs. (Sec. 142) Sets forth Buy-American requirements. (Sec. 143) Requires all Special Masters appointed by the District Superior Court or the U.S. district court for the District circuit to any District government agency to submit annual estimates of expenditures and appropriations to the Authority for inclusion in the annual budget. (Sec. 144) Amends the District of Columbia Government Comprehensive Merit Personnel Act of 1978 to bar the commencement of corrective or adverse actions, for members of the Metropolitan Police Department, more than 120 days after the date the agency knew or should have known of the act allegedly constituting cause for action. (Sec. 145) Requires the Department to change the advance notice required to be given to officers for out-of-schedule assignments from 28 to 14 days. Bars overtime for such assignments if the Department provides the officer with 14 days' advance notice of the assignment change. (Sec. 146) Requires any unused surplus at the end of the fiscal year to be used to reduce the District's outstanding accumulated deficit, except as otherwise provided by this Act. (Sec. 148) Increases the salary of a sworn officer of the Metropolitan Police Department by five percent if the officer: (1) performs primarily nonadministrative public safety services; and (2) is certified by the Chief of the Department as having met certain minimum standards. (Sec. 149) Amends the District of Columbia Home Rule Act to prohibit the Council from enacting any act or rule which increases the payment for any individual under the Temporary Assistance for Needy Families Program to an amount greater than that provided under the District of Columbia Public Assistance Act of 1982, as in effect on the day after the effective date of the Public Assistance Temporary Amendment Act of 1997. (Sec. 151) Requires the Water and Sewer Authority to impose liens against properties with past due payments of 60 days or more. (Sec. 152) Amends the District of Columbia Financial Responsibility and Management Assistance Act of 1985 to prohibit the Authority from entering into any contract, or issuing any order or regulation, with respect to any authority or activity under the CFO's or Inspector General's jurisdiction. (Sec. 153) Requires the CFO to enter into a contract with a private entity for: (1) establishing an update of the present financial management system by June 30, 1998, to provide for the accurate and timely input and processing of financial data and the generation of reliable output reports; and (2) executing a process in accordance with "best practices" procedures of the information technology industry to determine the need for further improving such system. Sets forth short-term financial management system improvements. Directs a private entity to certify whether the District has implemented policies that will result in a disciplined approach to the acquisition of such system. Withholds funds for system replacement and improvement (excepting funds for the contracts described in this section) until certain Federal and District officials certify to specified congressional committees that the District has implemented such policies. (Sec. 154) Bars the use of funds made available under any Act to carry out any contract to conduct an annual audit of the complete financial statement and report of District activities for FY 1997 or any succeeding fiscal year unless the contract is entered into by the District Inspector General. Amends the District of Columbia Procurement Practices Act of 1985 to prohibit the Mayor from entering into any contract, or issuing any order or regulation, with respect to any authority or activity under the Inspector General's jurisdiction. Sets forth procedures and conditions for removal of the Inspector General by the Authority or the Mayor. Requires District permit or license application forms to include the telephone number established by the Inspector General for reporting waste, fraud, and abuse. Directs the Inspector General to make quarterly reports to the Congress on the number and nature of calls and on the waste, fraud, and abuse detected as a result of such calls. (Sec. 155) Requires the use of direct deposit or checks through the mail for payments made by the District during FY 1998 or succeeding fiscal years. (Sec. 156) Sets forth information to be included in the District's independent annual audit. Amends the District of Columbia Financial Responsibility and Management Assistance Act of 1995 to provide for annual audits of the Authority. (Sec. 157) Amends the Uniform Disposition of Unclaimed Property Act of 1980 to shorten the time period under which specified unclaimed personal property shall be presumed to be abandoned. Sets forth criteria for the presumption of abandonment and updates reporting requirements for holders of such property. Requires holders of such property to notify owners of possession only if they have an accurate address and the value of the property is at least $50. Imposes a waiting period on the sale of such property. Bars any action by the Mayor to enforce reporting, delivery, or payment requirements with respect to such property more than ten years after the holder identified the property in a report to the Mayor or gave notice of a dispute regarding the property. Tolls the period of limitation in the absence of such report or notice. Prescribes penalties for failures to report, pay, or deliver property as required. (Sec. 158) Prohibits the use of funds made available in any Act by the District to obtain borrowing to finance or refund the accumulated general fund deficit existing as of September 30, 1997. Repeals provisions of the District of Columbia Revenue Act of 1939 and the District of Columbia Home Rule Act which permit the Secretary to make advances of funds to assist in liquidating such deficit and which authorize the issuance of general obligation bonds for such purpose, respectively. Amends the District of Columbia Home Rule Act to prohibit the District from borrowing any funds or issuing any bonds, notes, or obligations to repay any other borrowing or issuance unless: (1) the aggregate cost of the new borrowing or issuance does not exceed the aggregate cost of the original borrowing or issuance; and (2) the date provided for the final repayment of the new borrowing or issuance is not later than the date provided for the final repayment of the original borrowing or issuance. Requires all general obligation bonds to be sold at public sales. (Currently, private sales are authorized as well.) (Sec. 159) Reopens the portion of Pennsylvania Avenue in front of the White House to regular vehicular traffic beginning January 1, 1998. (Sec. 160) Amends the District of Columbia Financial Responsibility and Management Assistance Act of 1995 to require the Secretary, during any control year, to deposit the Federal contribution to the District into an escrow account held by the Authority, which shall allocate such funds to the Mayor. (A control year is any year in which a financial plan and budget approved by the Authority is in effect for periods in which the District is unable to meet certain financial obligations.) Requires District government officials or employees to provide specified congressional committees with information and materials upon request. Bars the use of funds made available in any Act by the District to grant a permit to any person to provide helicopter tours of the District. Title II: District of Columbia Medical Liability Reform - Subtitle A: Standards for Health Care Liability Actions and Claims in the District of Columbia - District of Columbia Medical Liability Reform Act of 1997 - Prohibits a District health care liability action from being brought after the two-year period beginning on the date the alleged injury was, or should have been, discovered. Bars actions five years after the alleged injury occurred. (Sec. 203) Limits noneconomic damages in such actions to $250,000. Permits only several, and not joint, liability with respect to noneconomic damages. (Sec. 204) Permits the award of punitive damages if the claimant establishes that the harm suffered was the result of conduct intended to cause harm or manifesting a conscious, flagrant indifference to the rights or safety of others. Limits punitive damages to the greater of three times the amount of damages awarded for economic loss or $250,000. (Sec. 205) Bars punitive damages against manufacturers or product sellers of drugs or medical devices which caused the claimant's harm if such a drug or device was subject to premarket approval or was approved by the Food and Drug Administration (FDA) or is generally recognized as safe and effective pursuant to FDA regulations. Absolves such manufacturers or product sellers from liability for punitive damages related to actions regarding tamper-resistant packaging unless the packaging or labeling is substantially out of compliance with Department of Health and Human Services regulations. (Sec. 206) Provides for periodic payments in cases where future and noneconomic losses exceed $50,000. (Sec. 207) Authorizes defendants in District health care liability actions to introduce evidence of collateral source payments. Bars providers of such payments from recovering amounts against claimants. Subtitle B: General Provisions - Makes this title inapplicable to actions for damages from vaccine-related injuries or death to the extent that the Public Health Service Act applies to such actions or actions under the Employee Retirement Income Security Act of 1974. Preempts District law to the extent such law is inconsistent with the limitations contained in this title. Provides that this title shall not preempt laws that provide additional defenses or limits to liability. Subtitle C: Effective Date - Applies this title to any District health care liability action and to any claim subject to an alternative dispute resolution system initiated after this title's enactment date. Requires actions or claims arising from injuries occurring prior to such date to be governed by the statute of limitations in effect at the time the injury occurred. Title III: District of Columbia Education Reform Act of 1997 - Subtitle A: Amendments to District of Columbia School Reform Act of 1995 - District of Columbia Education Reform Amendments Act of 1997 - Amends the District of Columbia School Reform Act of 1995 to remove the termination date for such Act. (Sec. 303) Revises the timetable for the approval of public charter school petitions. (Sec. 304) Increases the maximum allowable number of trustees for such schools. (Sec. 305) Requires the Mayor to lease certain unused or current school facilities or properties, at an annual rate of one dollar, to eligible charter school applicants whose petitions have been conditionally approved or a Board of Trustees, subject to certain conditions. Terminates such leases upon: (1) denial of an application to renew, or revocation of, a charter; (2) entry of a judicial order upholding denial or revocation; or (3) termination of a conditional approval. (Sec. 307) Provides for adjustments of annual payments for: (1) schools serving a high number of students to whom room and board in a residential setting are provided; and (2) public charter schools, upon request, to take into account leases or purchases of, or improvements to, real property. (Sec. 309) Revises provisions regarding payments for new schools. Establishes the New Charter School Fund for making annual payments for certain new public charter schools. Authorizes appropriations. (Sec. 310) Changes the eligibility criteria for a specified grant to a private, nonprofit corporation to eliminate the requirement that the business organization be a national organization. Subtitle B: Student Opportunity Scholarships - Authorizes the establishment of a private, nonprofit corporation to be known as the District of Columbia Scholarship Corporation. Establishes the District of Columbia Scholarship Fund in the Treasury. Authorizes appropriations. Requires the Corporation to implement a schedule and procedures for processing student scholarship applications. Lists eligibility requirements for institutions desiring certification for participation in the scholarship program. (Sec. 343) Authorizes the Corporation to award tuition scholarships and enhanced achievement scholarships to students in kindergarten through grade 12 who are District residents and whose family income does not exceed 185 percent of the poverty line. Sets forth authorized uses of such scholarships, including the payment of tuition and fees at private or independent schools in Maryland and Virginia. (Sec. 349) Requires participating institutions to make annual reports on scholarship students. (Sec. 350) Directs the Comptroller General to enter into a contract for an independent evaluation of the scholarship program, including comparisons of test scores and graduation rates of scholarship students and District public school students of similar backgrounds, parent satisfaction with the program, and the impact of the program on District public schools. Authorizes appropriations. (Sec. 351) Grants the U.S. district court for the District circuit jurisdiction in actions challenging the scholarship program and makes district court orders reviewable by appeal directly to the Supreme Court. (Sec. 352) Makes this subtitle effective for FY 1998 through 2002. Subtitle C: Other Education Reforms - Reduces the number of full-time equivalent employees of District public schools whose principal duty is not classroom instruction. (Sec. 362) Requires District public schools to implement performance benchmarks for teachers, based on student ability to improve by at least one grade level each year on standardized tests, and to establish incentives to encourage teachers to meet such benchmarks. (Sec. 363) Provides for a waiver of certain contracting requirements with respect to construction or maintenance projects in District public schools. (Sec. 364) Makes real property of labor organizations located in the District subject to taxation by the District in the same manner as similar organizations. (Sec. 365) Requires District public school supervisory personnel to be appointed by, and act under the control of, the Emergency Transitional Education Board of Trustees. Considers such personnel at-will employees not covered by the District of Columbia Government Comprehensive Merit Personnel Act of 1978. (Sec. 366) Directs the District Auditor to report to the Congress and specified District entities on the number, and average daily attendance, of students enrolled in public schools. (Sec. 367) Requires the District public schools to submit budgets for FY 1998 for each elementary and secondary school to the Congress. (Sec. 368) Bars the use of funds made available in any Act by the District public schools to provide classroom instruction or child care services to any minor whose parent or guardian does not supply the schools with proof of the State of the minor's residence. (Sec. 369) Prohibits the use or transfer of funds made available in any Act for the District of Columbia School of Law if the school is not fully, unconditionally accredited by the American Bar Association by January 31, 1998. Excepts funds provided to assist students enrolled at the school who are District residents in paying tuition for enrollment at other law schools in the Washington area. (Sec. 370) Waives civil liability for acts or omissions of any person voluntarily providing goods or services to the District public schools. Makes such waiver inapplicable if the act or omission involved gross negligence or an intentional tort or is criminal in nature.
Bill· HRH.R. 2606 (105th)referred
United States · United States Congress · 2 October 1997
Managed Care Bill of Rights for Consumers Act of 1997 - Amends the Public Health Service Act to set forth requirements for managed care plans, the Secretary of Health and Human Services, or both regarding: (1) prohibiting limiting services (if covered) that are medically necessary and appropriate; (2) referrals for a second opinion; (3) maintenance of an adequate number, mix, and distribution of providers; (4) a choice of providers and allowing enrollees to switch provider selection; (5) continuation of a course of treatment when a contract between a plan and a provider is terminated; (6) choice of specialists, coverage level for nonparticipating specialists, and continuous referrals for ongoing care; (7) designation of an obstetrician or gynecologist as a primary care provider, allowing an enrollee who does not select such a provider as primary to receive routine gynecological and pregnancy-related services without prior primary provider authorization; (8) coverage of emergency services without regard to whether the provider has an arrangement with the plan and without prior authorization; (9) for a plan seeking to provide services in an area that includes a medically underserved population, submission of a plan ensuring access to care appropriate to the population; (10) communication assistance and bilingual information in certain circumstances; (11) prohibiting financial incentives to reduce or limit medically necessary services; (12) prohibiting agreements between plans and health professionals restricting medical communications between health professionals and their patients; (13) grievance and appeals procedures (including prohibiting reprisals); (14) an external review process regarding internal appeals; (15) prohibiting discrimination against enrollees or providers on specified bases, including health status and anticipated need for services; and (16) confidentiality. Establishes a Managed Care Consumer Advisory Commission to assist consumers in assessing services, understanding and exercising their rights and responsibilities, and making an informed and appropriate plan choice. (Sec. 3) Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require a group health plan (and a managed care plan offering group coverage) to comply with the above amendments to the Public Health Service Act. Declares that those requirements do not preempt State laws providing equivalent or stricter protections for individuals. (Sec. 4) Prohibits construing certain ERISA provisions (relating to preemption of State laws) to preclude any State cause of action for damages for personal injury or wrongful death against any person providing insurance or administrative services to an employee welfare benefit pan maintained to provide health benefits.
Bill· HRH.R. 2600 (105th)referred
United States · United States Congress · 1 October 1997
Amends title XVIII (Medicare) of the Social Security Act (SSA), as amended by the Balanced Budget Act of 1997, to repeal the authority and mandate for incentive payments under plans for voluntary reduction in the number of residents in a graduate medical education residency training program. Amends the Balanced Budget Act of 1997 to prohibit the Secretary of Health and Human Services from approving or providing any payments for any demonstration project that provides for additional Medicare payments in connection with such a reduction for any residency training year beginning on or after July 1, 1998 (currently before July 1, 2006). Provides that the April 1995 Health Care Financing Administration interpretation of Medicare secondary payer requirements for group health plans with regard to individuals with end stage renal disease (ESRD) shall not apply retroactively to a group health plan that paid benefits primary to SSA title XVIII (but would have paid benefits secondary to such title in the absence of such requirements) on or after August 10, 1993, and before April 24, 1995, on behalf of certain individuals who became entitled or eligible for the ESRD program. Amends the Internal Revenue Code, the Employee Retirement Income Security Act of 1974, and the Public Health Service Act to extend COBRA continuation coverage for qualified ESRD Medicare beneficiaries for 36 months. Amends SSA title XVIII to provide for an extension of the Medicare ESRD secondary payer period from 30 to 36 months.
Bill· HRH.R. 2594 (105th)referred
United States · United States Congress · 1 October 1997
Control Youth Access to Tobacco Act - Allows the use of vending machines to sell tobacco products only in an area or establishment to which individuals under 18 years old (or such higher age as a State has set) (minimum age) are denied access. Allows the sale or distribution of cigarettes only in a package of 20 cigarettes. Prohibits offering or distributing tobacco products for sampling except in an area or establishment to which individuals under the minimum age are denied access. Mandates signs in retail establishments indicating the tobacco product purchase minimum age and the proof of age requirements, which must include photo identification. Requires retailers and their employees to sign an annual certification of knowledge of the minimum age and to conduct all tobacco product sales face-to-face. Prohibits the distribution of tobacco products through the redemption of coupons or coins except in face-to-face transactions. Requires the termination of any block grant under provisions of the Public Health Service Act relating to substance abuse, tuberculosis, and acquired immune deficiency syndrome (AIDS) if a State does not restrict youth access to tobacco as prescribed in this Act.
Bill· HRH.R. 2590 (105th)referred
United States · United States Congress · 1 October 1997
Requires that a life or disability insurer, if the insurer requires an applicant for life or disability insurance to submit to a medical examination or test, ensure disclosure to the applicant of the test results. Prohibits the insurer from disclosing the results to any other person, except under a written authorization made by the applicant, pursuant to certain legal process, or to a public health authority when expressly required by law. Provides for civil actions for violations of this Act by any aggrieved person, allowing recovery of statutory, compensatory, and punitive damages and attorney's fees. Declares that, for provisions of Federal law commonly known as the McCarran-Ferguson Act prohibiting Federal insurance law from preempting State law unless the Federal law specifically relates to the business of insurance, this Act shall be considered to specifically relate to the business of insurance.
Bill· HRH.R. 2596 (105th)referred
United States · United States Congress · 1 October 1997
United States Agricultural Products Market Access Act of 1997 - Amends the Trade Act of 1974 to direct the United States Trade Representative (USTR) to identify those foreign countries that: (1) deny fair and equitable market access to U.S. agricultural products or apply standards for the importation of U.S. agricultural products that are not related to public health concerns or cannot be substantiated by reliable analytical methods; and (2) are determined by the USTR to be priority foreign countries. Limits the identification of priority foreign countries to those that engage in the most onerous or egregious acts which have the greatest adverse impact on the relevant U.S. products. Provides that if available information indicates that such action is appropriate, the USTR may at any time: (1) revoke the identification of any foreign country as a priority foreign country; or (2) identify any foreign country as a priority foreign country. Subjects priority foreign countries to investigation by means other than a petition. Authorizes the USTR, with respect to an investigation of a country identified as denying fair and equitable market access to U.S. agricultural products, to request the Secretary of Agriculture to direct the Food Safety and Inspection Service of the Department of Agriculture to review certifications for the facilities of such country that export meat and other agricultural products to the United States.
Bill· SS. 1238 (105th)referred
United States · United States Congress · 30 September 1997
Tobacco Use by Minors Deterrence Act of 1997 - Amends the Public Health Service Act to replace provisions relating to State laws on the sale of tobacco products to individuals under the age of 18 with provisions requiring that the amount of formula grants to States (for the prevention of substance abuse) be reduced if there is not in effect a law regarding tobacco products and such individuals, including concerning: (1) tobacco distribution; (2) the purchase, possession, or use by such individuals in a public place (including parental notification); (3) the posting of certain signs at selling locations; (4) the distribution of samples; (5) out-of-package distribution; (6) the display or storage of packages in a configuration affording customers direct access to packages; (7) certain notifications to retail employees; (8) enforcement by a State (including using the State police, conducting random, unannounced inspections, and using individuals under 18); (9) distribution licenses, including licensure of each retail distribution place; and (10) not preempting State and local laws that provide greater restrictions than this Act.
Bill· HRH.R. 2584 (105th)referred
United States · United States Congress · 30 September 1997
TABLE OF CONTENTS: Title I: Health Care Fraud Prosecution Title II: Health Care Fraud and Abuse Commission Title I: Health Care Fraud Prosecution - Health Care Fraud Prosecution Act of 1997 - Amends the Federal criminal code to provide penalties for fraud by health care providers in connection with the provision of, or payments or reimbursement for, health care services or supplies, when: (1) the loss caused by the fraudulent conduct exceeds $10,000; or (2) the offender has previously been convicted of fraud in Federal or State court. Limits such penalties to ten years' imprisonment, unless the offense caused serious physical injury to, or endangered the life of, a patient (up to 20 years' imprisonment) or caused the death of a patient (up to life imprisonment). Specifies that the sentencing court shall order a person convicted of an offense under this title to pay restitution to the patient and any payor for losses sustained as a result of the offense. Provides for criminal forfeiture of the proceeds of health care fraud. Authorizes appropriations for the Federal Bureau of Investigation, U.S. Attorneys, and the Office of Inspector General of the Department of Health and Human Services to hire, equip, and train personnel in connection with the investigation and prosecution of health care fraud cases. Title II: Health Care Fraud and Abuse Commission - Health Care Fraud and Abuse Commission Act of 1997 - Establishes the Health Care Fraud and Abuse Commission to investigate the nature, magnitude, and cost of health care fraud and abuse and develop methods for its prevention, detection, and prosecution or litigation. Authorizes appropriations.
Bill· HRH.R. 2577 (105th)referred
United States · United States Congress · 29 September 1997
Exempts certain individuals who were 65 years of age or older as of the date of enactment of the Omnibus Budget Reconciliation Act of 1993 from changes made by that Act in the Medicare secondary payer rules for individuals with end stage renal disease. Requires the Secretary of Health and Human Services to provide for retrospective payment adjustments to such individuals (and their insurers and health care providers) who apply for them within 90 days after enactment of this Act.
Bill· SS. 1229 (105th)referred
United States · United States Congress · 26 September 1997
Requires the Office of Research on Women's Health to: (1) award grants for the conduct of a clinical trial of digital mammography; and (2) contract with the Multi-Agency Consortium on Imaging Technologies to Improve Women's Health for the solicitation, acceptance, and processing of competitive grant applications. Requires that the study involve at least 50,000 women, at least 20 institutions, and the conducting of at least 2,500 conventional and 2,500 digital mammographies at each institution. Authorizes appropriations.
Bill· HRH.R. 2558 (105th)referred
United States · United States Congress · 25 September 1997
Medicare Hospital Outpatient Payment Fairness Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to modify provisions added by the Balanced Budget Act of 1997 for a prospective payment system for covered hospital outpatient department (OPD) services. Provides that, if payment may be made under Medicare part B (Supplementary Medical Insurance) for similar services furnished outside the hospital setting, the total amount of payment for such covered OPD services shall be determined on the same basis as payment for such similar outside services. Directs the Medicare Payment Advisory Commission to report to the Congress and the Secretary of Health and Human Services on whether the DRG (diagnosis-related group) weighting factors for DRGs associated with emergency care are adequate to cover the costs of emergency room use within discharges classified within such groups. Directs the Secretary, taking such report into account, to make adjustments in such DRG weighting factors for discharges occurring on or after January 1, 2000, as may be appropriate to ensure that hospital emergency room costs attributable to Medicare patients are appropriately covered.
Bill· HRH.R. 2559 (105th)referred
United States · United States Congress · 25 September 1997
Hospital Outpatient Department Truth-in-Advertising Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to prohibit payment under Medicare part A (Hospital Insurance) or part B (Supplementary Medical Insurance) for any expenses incurred for items or services for hospital outpatient services unless the facility in which they are furnished is located in: (1) the same building in which the hospital provides inpatient hospital services; (2) a building located on land contiguous to such a building; (3) a building the hospital used for the furnishing of hospital outpatient services as of September 25, 1997; or (4) a building of an entity that, as of such date, had entered into a binding contract with the hospital under which the hospital will provide services in such building.
Bill· HRH.R. 2543 (105th)referred
United States · United States Congress · 24 September 1997
Medicare and Medicaid Provider Review Act of 1997 - Amends title XI of the Social Security Act (SSA) to direct the Secretary of Health and Human Services (HHS) to: (1) establish a schedule of hourly rates for the conduct of annual financial and compliance audits during each fiscal year for all covered health care providers that receive payments under SSA title XVIII (Medicare) or XIX (Medicaid); and (2) provide for the conduct of such audits, in a separate HHS office, by specially trained and qualified personnel of each provider's substantial compliance with the requirements for receiving such payments. Amends SSA titles XVIII and XIX to require covered providers to provide for annual payment to the Secretary of appropriate amounts for the conduct of such audits. Makes appropriations to the Secretary from such payments for the sole purpose of conducting such audits. Directs the Secretary to study and report to the Congress on examining and accrediting agencies that audit and inspect covered providers.
Bill· SS. 1208 (105th)open
United States · United States Congress · 23 September 1997
TABLE OF CONTENTS: Title I: Prevention Subtitle A: Family Planning Subtitle B: Prescription Equity and Contraceptive Coverage Subtitle C: Emergency Contraceptives Title II: Research Title III: Choice Protection Family Planning and Choice Protection Act of 1997 - Title I: Prevention - Subtitle A: Family Planning - Amends the Public Health Service Act (PHSA) to authorize appropriations for voluntary family planning projects. (Sec. 102) Amends the Civil Rights Act of 1964 to prohibit, notwithstanding any other provision of law, any authority of the United States, in or through any health care services or information program or activity administered or assisted by that authority, from limiting any person's right to provide or receive nonfraudulent information regarding reproductive health care services. Subtitle B: Prescription Equity and Contraceptive Coverage - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the PHSA to prohibit a group health plan, and an insurer providing coverage in connection with a group plan, from restricting benefits for prescription contraceptive drugs, devices, or outpatient services if the plan provides benefits for other outpatient prescription drugs, devices, or services. Prohibits related denial of eligibility or enrollment, monetary payments or rebates to covered individuals, and penalties or incentives to health care professionals. Amends the PHSA to apply these prohibitions to insurers in the individual market. Declares that this paragraph does not preempt State law providing greater enrollee protections. Subtitle C: Emergency Contraceptives - Mandates development and dissemination to the public and health care providers of information on drugs or devices designed to be used after sexual relations to prevent pregnancy. Authorizes appropriations. Title II: Research - Declares the sense of the Congress regarding adequate funding for PHSA provisions regarding sexually transmitted diseases, breast and cervical cancers, and research on contraception and infertility. Title III: Choice Protection - Declares that it is the sense of the Congress that: (1) Federal and State governments should provide funding for abortion services to women eligible for assistance through title XIX (Medicaid) of the Social Security Act; (2) Federal resources are necessary to ensure safety for women and health professionals regarding reproductive health facilities and services; and (3) it is necessary and appropriate to use Federal resources to combat violence and harassment against reproductive health centers. (Sec. 303) Directs the Secretary of Health and Human Services to: (1) ensure that a Food and Drug Administration decision to approve the drug called Mifepristone or RU-486 is made only on the basis provided in law; and (2) assess initiatives to promote the testing, licensing, and manufacturing in the United States of the drug or other antiprogestins. (Sec. 304) Prohibits a State from restricting a woman's freedom to choose pregnancy termination before fetal viability. Allows a State to: (1) restrict that freedom after viability unless termination is necessary to preserve the woman's life or health; and (2) impose requirements on abortions if the requirements are medically necessary to protect the woman's health. (Sec. 306) Amends Federal law to allow funds available to the Department of Defense (DOD) to be used for abortions when the pregnancy resulted from rape or incest or when the abortion is medically necessary or appropriate. Replaces provisions prohibiting (with exceptions) the use of DOD facilities to perform abortions with provisions declaring that certain provisions do not limit performing abortions in a uniformed services facility outside the 48 contiguous States if the cost is fully paid by non-DOD funds, abortions are not prohibited by the facility's jurisdiction, and the abortion would otherwise be permitted under laws regarding health care for uniformed services members and former members and their dependents in that facility.
Bill· HRH.R. 2532 (105th)referred
United States · United States Congress · 23 September 1997
Health Insurance Access Amendments of 1997 - Amends the Internal Revenue Code, the Employee Retirement Income Security Act of 1974 and the Public Health Service Act (PHSA) to decrease, in three steps over two years, the period during which a group health plan (and a health insurer offering group coverage) may impose a preexisting condition exclusion. (Sec. 3) Amends PHSA provisions relating to guaranteed availability of individual coverage to individuals with prior group coverage to decrease, in three steps over two years, the required aggregate of periods of creditable coverage. (Sec. 4) Amends provisions relating to guaranteed availability of coverage for employers in the group market to: (1) increase, over two years, the applicability of provisions relating to the small group market and small employers (currently defined as having two to 50 employees) first to include employers with up to 100 employees, then to all employers; and (2) remove provisions relating to assuring access in the large group market. Expands the applicability of provisions relating to disclosure of information by insurers to employers, first including employers with up to 100 employees, then including all employers.