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Bill· HRH.R. 3269 (106th)referred
United States · United States Congress · 9 November 1999
Medicaid/SCHIP Technical Amendments Act of 1999 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to make various specified technical amendments, requiring: (1) the identification of Medicaid managed care patients for purposes of Medicaid and Medicare (SSA title XVIII) disproportionate share hospital (DSH) payments; and (2) that hospital shortfalls under the Children's Health Insurance program (SSA title XXI) count towards a hospital's specific DSH cap. Declares that expenditures for medical assistance for optional targeted low- income children (enhanced FMAP) under SCHIP do not include expenditures for DSH-furnished Medicaid inpatient hospital services.
Bill· HRH.R. 3284 (106th)referred
United States · United States Congress · 9 November 1999
Medicare Beneficiaries' Choice Protection Act of 1999 - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act to provide for establishment of a payment floor for Medicare+Choice payment rates after applying a specified risk-adjustment methodology.
Bill· HRH.R. 3274 (106th)referred
United States · United States Congress · 9 November 1999
Patients' Formulary Rights Act of 1999 - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code to prohibit a group health plan, and the insurance issuer offering such coverage, from using a formulary (a plan which limits the particular drugs for which coverage will be available) unless the plan or issuer: (1) notifies participants, beneficiaries, and enrollees in advance about, and makes available to treating health care professionals under the plan, specified information concerning the formulary; (2) notifies such individuals of any changes in the formulary; and (3) when a drug is removed from the formulary, permits an individual to continue to have the drug prescribed for treatment of the same condition. Includes within required formulary information: (1) the extent of therapeutic substitution; (2) a complete list of all drugs included in the formulary; (3) information on access to nonformulary drugs; (4) whether or not, and to what extent, coverage will exist for nonformulary drugs; (5) copayments or other cost-sharing for formulary drugs; and (6) limits on coverage payments for outpatient formulary and nonformulary drugs. Amends title XVIII (Medicare) of the Social Security Act to require its authorized health insurance issuers and any Medicare+Choice organization to comply with such notification requirements in the same manner that such requirements apply to health insurance coverage or issuers in connection with a group plan. Requires the coordination of notification and formulary requirements through an interagency memorandum of understanding among the Secretaries of Labor, the Treasury, and Health and Human Services.
Bill· HRH.R. 3266 (106th)referred
United States · United States Congress · 9 November 1999
Preservation of Essential Antibiotics for Human Diseases Act of 1999 - Amends the Federal Food, Drug, and Cosmetic Act to prohibit the subtherapeutic use of essential antibiotic drugs in livestock feed unless the Secretary of Health and Human Services determines there is reasonable certainty of no human health threat due to the development of antimicrobial resistance from such use.
Law· SS. 1880 (106th)enacted
United States · United States Congress · 8 November 1999
Health Care Fairness Act of 1999 - Title I: Improving Minority Health Through the National Institutes of Health - Amends the Public Health Service Act to establish within the National Institutes of Health (NIH) the Center for Research on Minority Health and Health Disparities, to be headed by a Director who shall: (1) chair a trans-NIH task force (task force) that will establish a comprehensive plan and budget estimates for minority health that should be conducted or supported by NIH and recommend an appropriate agenda for such research; (2) establish a minority health research information system to track minority-related research, training, and construction; (3) act as the primary Federal official for monitoring all minority health research conducted or supported by NIH; and (4) identify areas of insufficient minority health research at NIH and its institutes and centers, and provide funds to such entities for the awarding of peer-review grants for innovative projects that address high priority areas of minority health research. Provides a fiscal year limit on grant funds. Directs the Secretary of Health and Human Services (HHS) to establish an advisory council for providing advice to the Director for carrying out responsibilities under this Act. Requires the Director and task force to: (1) establish a comprehensive plan and budget for conducting and supporting all minority health research activities of NIH agencies; (2) ensure that such plan and budget establish minority health research priorities; (3) ensure that budget amounts are properly expended; and (4) review the plan and budget at least annually. Authorizes appropriations for FY 2000 through 2004. Directs the Secretary to make grants to, and enter into contracts with, designated biomedical research institutions and other public and nonprofit health or educational entities to assist such entities in supporting programs of excellence in biomedical research education for under-represented minority individuals. Outlines entity requirements and grant conditions, including a grant term limit of five years. Authorizes appropriations for FY 2000 through 2004. Directs the Secretary to contract with qualified health professionals who agree to engage in minority health research or research into the nature of health disparities that affect racial, ethnic, and indigenous populations, in return for the Federal repayment of up to $35,000 for each year of such research of the principal and interest of educational loans of such health professionals. Requires the Secretary to ensure the active participation of appropriately qualified minority health professionals, including extensive outreach and recruitment efforts. Authorizes appropriations for FY 2000 through 2004. Requires the Director to report annually to Congress and the Secretary on progress and expenditures made with regard to minority health research. Requires the Secretary to provide administrative and support services to the Director and ensure that such support takes maximum advantage of existing administrative structures at NIH agencies. Requires the use of appropriate scientific expertise and technical assistance. Requires the Secretary to: (1) conduct an evaluation of minority health research programs at NIH institutes; and (2) report to specified congressional committees on evaluation results. Title II: Medical Education - Authorizes the Secretary to award grants, contracts, or cooperative agreements to public and private nonprofit entities to carry out research and demonstration projects which develop curricula to reduce disparity in health care outcomes, including cultural competency in graduate and undergraduate health professions education. Outlines eligibility requirements and grant conditions, including a maximum of 20 grants and a term limit of three years. Directs the Secretary to award up to 20 grants, contracts, or agreements to eligible entities to establish demonstration projects which develop curricula to reduce minority disparity in health care and health care outcomes (health care disparity) as part of continuing medical education. Limits such grants, contracts, or agreements to a three-year term. Requires monitoring of awardees. Requires a report from the Secretary to Congress on the effectiveness of such programs. Authorizes appropriations for FY 2000 through 2003. (Sec. 202) Directs the Secretary to convene a national conference on continuing health professions education as a method for reducing health care disparity, including continuing medical education on cultural competency. Requires the publication of conference findings. Authorizes appropriations. (Sec. 203) Directs the Secretary to establish a committee to advise the Secretary on matters related to development, implementation, and evaluation of graduate and continuing education curricula for health care professionals to decrease the health care disparity. Terminates the committee four years after appointment of its first member. (Sec. 204) Requires the Director of the Office of Minority Health within HHS to establish within the Resource Center of such Office, or through the awarding of a contract provide for the establishment of, an information clearinghouse for curricula to reduce racial and ethnic health care disparity. Authorizes appropriations. Title III: Minority Health Research by the Agency for Health Care Policy and Research - Directs the Administrator of the Agency for Health Care Policy and Research to: (1) conduct and support research for improving the quality and outcomes of health care services for minority populations and the causes of such health care disparities; (2) identify, test, and evaluate strategies for eliminating such disparities; and (3) endeavor to increase the number of minority health care researchers and health services research capacity of institutions that train minority health care researchers. Authorizes the use of demonstration projects as part of such research. Requires the Administrator to support the development of measures that assess the experience of minority populations with health care systems. Requires a report from the Secretary to the appropriate congressional committees describing quality measurement for minority populations which will identify critical unmet needs and activities to address those needs. Authorizes appropriations for FY 2000 through 2004. Title IV: Data Collection Relating to Race or Ethnicity - Directs the Secretary to contract with the National Academy of Sciences to conduct a comprehensive study of HHS data collection systems and practices relating to the collection of data on race or ethnicity, including other Federal data collection systems with which HHS interacts. Requires a report from the Academy to specified congressional committees on study results and recommendations. Authorizes appropriations. Title V: Public Awareness - Directs the Secretary to conduct a national media campaign for informing the public about racial and ethnic health care disparities. Authorizes appropriations.
Bill· HRH.R. 3259 (106th)referred
United States · United States Congress · 8 November 1999
Managed Care Bill of Rights for Consumers Act of 1999 - 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) submission of a plan ensuring access to care appropriate to the population, for a plan seeking to provide services in an area that includes a medically underserved 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. Prohibits managed care plans from limiting coverage, in cases where a plan provides coverage for prescription drugs, if a treating health professional determines such coverage is medically necessary and appropriate. Permits determinations as to whether a drug prescribed to treat a medical condition may be substituted with a different drug to be made only by a treating physician. Bars: (1) plans from providing a standard for substituting prescription drugs; (2) the substitution of a generic drug for a name brand drug unless it has the same chemical composition; and (3) plans that provide prescription drug coverage from limiting access to covered drugs solely on the basis of associated coverage costs. (Sec. 3) Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require a group health plan (and a health insurance issuer 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. 3245 (106th)referred
United States · United States Congress · 8 November 1999
Conservation and Reinvestment Act of 1999 - Requires: (1) Governors of each State receiving monies from the Conservation and Reinvestment Act Fund (established under this Act) to report on June 15 of each year to the Secretaries of the Interior or of Agriculture, as appropriate, accounting for the money received for the previous fiscal year, including the funded projects and activities; and (2) the Secretary of the Interior to report annually to Congress on monies the Departments of the Interior and of Agriculture have spent out of the Fund, including a summary of such Governors' reports. (Sec. 5) Establishes the Conservation and Reinvestment Act Fund (CRAF). Requires the Secretary of the Treasury to deposit into CRAF certain Outer Continental Shelf revenues, undisbursed amounts under title I of this Act, and certain interest earned on CRAF investments. Transfers all amounts deposited into the CRAF as follows: (1) to the Secretary of the Interior for payment of $1 billion to States for impact assistance and coastal conservation, $125 million for the Urban Park and Recreation Recovery Act of 1978, $100 million for the National Historic Preservation Act, and $50 million to develop and implement Endangered and Threatened Species Recovery Agreements; (2) to the Secretaries of the Interior and of Agriculture for payment of $200 million for Federal and Indian land restoration; (3) to the Secretary of Agriculture $100 million to carry out the conservation easement program under this Act; (4) to the Land and Water Conservation Fund in the amount of $900 million; and (5) to the Federal Aid to Wildlife Restoration Fund (FAWRF) established under the Federal Aid in Wildlife Restoration Act in the amount of $350 million. Provides that any shortfalls less than $2.825 billion in a fiscal year, after FY 2000, proportionally reduce such sums for that fiscal year. (Sec. 6) Limits the amount available for administrative expenses to two percent. Provides that nothing in this Act shall affect the prohibition contained in the Federal Aid in Wildlife Restoration Act (as amended by this Act) that bars the use of funds transferred to the FAWRF by this Act for administrative or execution of program expenses. (Sec. 7) Declares that receipts and disbursements of funds shall be off-budget. (Sec. 9) Prohibits a State or local government from receiving funds under this Act during any fiscal year: (1) when its expenditures of non-Federal funds for recurrent expenditures for programs for which such funding is provided will be less than its expenditures were for such programs during the preceding fiscal year; or (2) for a program unless the Secretary of the Interior is satisfied that such a grant will be used to supplement and, to the extent practicable, increase the level of State, local, or other non-Federal funds available for such program. Exempts a State or local government from such prohibition if the Secretary determines that a reduction in expenditures is attributable to a non-selective reduction in the expenditures in the programs of all executive branch agencies of such entity. Treats all funds received by a State or local government under this Act as Federal funds for purposes of compliance with provisions in effect under other law requiring that non-Federal funds be used to provide a portion of the funding for any program or project. (Sec. 10) Prohibits: (1) the taking of private property in whole or in part, without just compensation; and (2) Federal agencies, using funds appropriated by this Act, from applying any regulation on any lands until the lands or water or an interest therein is acquired, unless authorized to do so by another Act of Congress. (Sec. 11) Requires the Secretary of the Interior to design a standardized sign and, where appropriate, require its installation at sites receiving funds under this Act. Title I: Impact Assistance and Coastal Conservation - Directs the Secretary of the Interior to allocate such transferred CRAF payments to coastal States for impact assistance and coastal conservation only if such States have: (1) a Secretary-approved Coastal State Conservation and Impact Assistance Plan; (2) agreed to provide specified reports; and (3) certain necessary fiscal control and fund accounting procedures. (Sec. 101) Sets forth the formula for allocating such funds to coastal States and coastal political subdivisions. (Sec. 102) Requires the development and submission of a Coastal State Conservation and Impact Assistance Plan by each coastal State seeking to receive grants under this title (and in the case of a producing State, the Governor) to incorporate the plans of the coastal political subdivisions into the Statewide plan for transmittal to the Secretary of the Interior for approval or disapproval before the disbursement of CRAF funds. Specifies authorized uses of the CRAF funds. Title II: Land and Water Conservation Fund Revitalization - Amends the Land and Water Conservation Fund Act of 1965 to provide that all CRAF funds transferred to the Land and Water Conservation Fund shall be covered into the Fund. (Sec. 203) Makes $900 million available each fiscal year after FY 2001 for expenditure without further appropriation, to be allocated as follows: (1) 50 percent for Federal purposes; and (2) 50 percent for State grants. (Sec. 205) Prohibits the obligation or expenditure of the Federal portion of such funds for any land or water interest acquisition except those specified and approved by Congress in the appropriate appropriations Act. Prescribes: (1) a procedure for preparing and transmitting to Congress of a list of proposed Federal acquisitions; and (2) notification to specified officials of affected areas with respect to such proposed acquisitions. (Sec. 206) Revises the formula used to allocate amounts made available for State purposes from the Fund each fiscal year. Makes all federally recognized Indian tribes, or in the case of Alaska, Native Corporations eligible to receive shares of such apportionment in accordance with a competitive grant program established by the Secretary of the Interior. Requires each State, with an exception, to make available as grants to local governments at least 50 percent of its annual apportionment or an equivalent amount made available from other sources. (Sec. 207) Revises the requirement that a State have a comprehensive statewide outdoor recreation plan as a prerequisite to consideration by the Secretary of the Interior of financial assistance for acquisition or development projects. Allows each State to define its own priorities and criteria for selection of outdoor conservation and recreation acquisition and development projects eligible for grants under this Act if the priorities and criteria defined are consistent with the purposes of this Act, the State provides for public involvement in this process, and publishes an accurate and current State Action Agenda for Community Conservation and Recreation, within five years after enactment of this Act, indicating the needs it has identified and the priorities and criteria it has established. Allows an existing Comprehensive State Plan to remain in effect until the appropriate State adopts a State Action Agenda. (Sec. 209) Requires the Secretary to approve, subject to certain conditions, the conversion of property (other than for public outdoor recreation use) acquired or developed with assistance under the Act only if the State demonstrates no prudent or feasible alternative exists. Exempts from such requirement those properties that no longer meet the criteria within the State Plan or Agenda as an outdoor conservation and recreation facility due to changes in demographics, or that must be abandoned because of environmental contamination which endangers public health and safety. (Sec. 210) Provides that nothing in this title shall affect any State or Federal water law or an interstate compact governing water, alter any allocations of water rights, or create any new water rights. Title III: Wildlife Conservation and Restoration - Amends the Federal Aid in Wildlife Restoration Act (FAWRA) to require CRAF funds transferred for FAWRA purposes to be deposited in a new subaccount in the FAWRF, to be made available without further appropriation, for apportionment in each fiscal year for State wildlife conservation and restoration programs. (Sec. 304) Sets forth requirements for: (1) apportionment of such subaccount funds; (2) applications for approval of, and development grants for, State wildlife conservation and restoration programs; and (3) coordination. Prohibits such funds from being used for expenses incurred in the administration and execution of programs. Limits to ten percent the use of such funds for wildlife-associated recreation. (Sec. 305) Allows the subaccount funds to be used for a wildlife conservation education program. Exempts education efforts, projects, or programs that promote or encourage opposition to the regulated taking of wildlife. (Sec. 306) Prohibits a State from receiving FAWRA matching funds if it diverts any funds from wildlife conservation purposes. Title IV: Urban Park and Recreation Recovery Program Amendments - Amends the Urban Park and Recreation Recovery Act of 1978 to make transferred CRAF funds available to the Secretary of the Interior, without further appropriation, to assist local governments in improving their park and recreation systems. Sets forth limits on the use of such funds. (Sec. 404) Provides for the development of new recreation areas and facilities (including the acquisition of lands for such development) under the urban park and recreation recovery program. (Sec. 406) Revises requirements for: (1) Federal assistance grant eligibility; (2) matching grants to local governments for rehabilitation, development, acquisition, and innovation purposes; (3) local park and recreation recovery action programs; (4) State action incentives; and (5) conversion of recreation property for any other purposes other than public recreation purposes. (Sec. 411) Repeals sunset provisions and congressional reporting requirements with respect to: (1) the impact of the urban park and recreation recovery program; and (2) the annual achievements of the innovation grant program. Title V: Historic Preservation Fund - Amends the National Historic Preservation Act to provide that amounts transferred from the CRAF each fiscal year shall be deposited into the Historic Preservation Fund to be available without further appropriation to carry out the Act. (Sec. 501) Requires at least one half of the funds obligated or expended each fiscal year under this Act to be used for preservation projects on historic properties (giving priority to the preservation of endangered historic properties). (Sec. 502) Authorizes a State to provide financial assistance to the management entity for any national heritage area or national heritage corridor to support cooperative historic preservation planning and development. Title VI: Federal and Indian Lands Restoration - Makes CRAF funds transferred to the Secretaries of the Interior and of Agriculture available to be used as a dedicated source of funding for a coordinated program on Federal and Indian lands to restore degraded lands, protect resources that are threatened with degradation, and protect public health and safety. Allocates: (1) 60 percent to the Secretary of the Interior for lands within the National Park System, National Wildlife Refuge System, and public lands administered by the Bureau of Land Management; (2) 30 percent to the Secretary of Agriculture for lands within the National Forest System; and (3) ten percent to the Secretary of the Interior for competitive grants to qualified Indian tribes (giving priority to projects based upon the protection of significant resources, the severity of damages or threats to resources, and the protection of public health). (Sec. 603) Requires the Secretary of the Interior and the Secretary of Agriculture to: (1) each establish priority lists for the use of funds (giving priority to projects based upon the protection of significant resources, the severity of damages or threats to resources, and the protection of public health or safety); and (2) jointly establish a coordinated program for tracking the progress of activities carried out with amounts made available by this title and determining the extent to which demonstrable results are being achieved. Title VII: Conservation Easements and Endangered and Threatened Species Recovery - Subtitle A: Conservation Easements - Provides that CRAF funds transferred to the Secretary under title V of this Act in a fiscal year shall be available to the Secretary, without further appropriations, to carry out this subtitle. (Sec. 704) Directs the Secretary of the Interior to establish and carry out a Conservation Easement Program for making grants to State or local governments, Indian tribes, and certain private organizations to provide the Federal share of up to 50 percent of the total cost of purchasing permanent conservation easements in lands with prime, unique, or other productive uses. Subtitle B: Endangered and Threatened Species Recovery - Makes CRAF funds transferred from the CRAF for this title in a fiscal year available to the Secretary of the Interior without further appropriations, in that fiscal year, to provide financial assistance to persons for development and implementation of Endangered and Threatened Species Recovery Agreements entered into under this title. Requires the Secretary to give priority to the development and implementation of Agreements that: (1) implement actions identified under recovery plans approved by the Secretary; (2) have the greatest potential for contributing to the recovery of an endangered or threatened species; and (3) require use of the assistance on land owned by a small landowner or on a family farm by its owner or operator. (Sec. 713) Prohibits the Secretary from providing financial assistance for any action that is required by a permit or an incidental take statement issued under the Endangered Species Act of 1973 or that is otherwise required under Federal law. (Sec. 714) Authorizes the Secretary to enter into such Agreements and sets forth Agreement requirements, including: (1) requiring activities not otherwise mandated by law that contribute to species recovery; and (2) specifying species recovery goals. Requires the Secretary to review Agreements in compliance, periodically monitor the implementation of each Agreement, and disburse financial assistance to implement the Agreement.
Bill· HRH.R. 3250 (106th)open
United States · United States Congress · 8 November 1999
Health Care Fairness Act of 1999 - Amends the Public Health Service Act to establish the National Center for Research on Minority Health and Health Disparities to conduct and support basic and clinical research, training, and disseminate information regarding minority health. Directs the Administrator of the Agency for Health Care Policy and Research to conduct and support research on minority health disparities. Directs the National Academy of Sciences to conduct a comprehensive study of the Department of Health and Human Services' data collection and reporting systems and practices required under any of the programs or activities of the Department relating to the collection of data on race or ethnicity. Authorizes awards of grants, contracts, or cooperative agreements to public and nonprofit private entities for the purpose of carrying out research and demonstration projects to develop curricula to reduce disparity in health care outcomes, including curricula for cultural competency in graduate medical education. Requires a national media campaign to inform the public of the programs and activities of the Office for Civil Rights, Department of Health and Human Services. Sets forth provisions concerning: (1) other minority health initiatives and programs; (2) reporting requirements; and (3) authorizations of appropriations.
Bill· HRH.R. 3256 (106th)open
United States · United States Congress · 8 November 1999
Veterans' Right to Know Act - Directs the Secretary of Veterans Affairs to: (1) provide information concerning eligibility for Department benefits and health care services and application requirements when a veteran or his or her dependent first applies for any such benefit; and (2) prepare an annual plan for the conduct of outreach activities to provide such veterans and dependents with such information.
Bill· HRH.R. 3248 (106th)referred
United States · United States Congress · 8 November 1999
Protecting Women's Health Act of 1999 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS), acting through the Director of the Centers for Disease Control and Prevention, to: (1) enter into cooperative agreements with States and other entities to conduct sentinel surveillance or other special studies to determine the prevalence in various age groups and populations of specific types of human papillomavirus (HPV) in different sites in various U.S. regions through collection of special specimens for HPV using a variety of laboratory-based testing and diagnostic tools; and (2) develop and analyze data from the HPV sentinel surveillance system. Directs the Secretary to make a progress report to Congress with respect to such requirements. Requires the Secretary, acting through the Director, to conduct prevention research on HPV. Directs the Secretary to make a progress report to Congress on such research and develop a final proposal. Requires such report to outline steps needed to make HPV a reportable disease and the best strategies to prevent future infections. Directs the Secretary to require the Department of HHS and HHS contractors and grantees to specifically state the effectiveness or lack of effectiveness of condoms in preventing the transmission of HPV, herpes, and other sexually transmitted diseases (STDs) in all publicly available informational materials related to condoms or STDs. Amends the Federal Food, Drug, and Cosmetic Act to deem a condom to be misbranded unless its label bears information providing that condoms do not effectively prevent the transmission of HPV and that HPV can cause cervical cancer.
Bill· SS. 1873 (106th)referred
United States · United States Congress · 5 November 1999
Declares that a specified final rule relating to the Organ Procurement and Transplantation Network and the equitable and medically effective allocation of organs for transplantation shall have no force or legal effect. Prohibits the Secretary of Health and Human Services from implementing or exercising further regulatory authority regarding the Network, as well as regulatory authority under specified provisions of the Social Security Act (SSA) (relating to general SSA regulations, disclosure of information, organ procurement, and general Medicare regulations), before the enactment of amendments to reauthorize and revise provisions of the Public Health Service Act relating to organ transplants.
Bill· HRH.R. 3240 (106th)referred
United States · United States Congress · 5 November 1999
Drug Import Fairness Act of 1999 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to prohibit the Secretary of Health and Human Services, with regard to a drug being imported or offered for import, from sending a notice to a person suggesting that importing the drug is, or appears to be, in violation of the FDCA unless: (1) the Secretary determines the drug is adulterated, misbranded, in violation of FDCA provisions relating to new drugs, the drug is forbidden or restricted in sale in the producing or exporting country, importation by any person other than the manufacturer violates reimportation provisions, or the importation otherwise violates Federal law; (2) the notice does not specify any provision described in the provisions of this act relating to those determinations that is not applicable to the drug's importation; and (3) the notice states the underlying reasons for the determination.
Bill· HRH.R. 3242 (106th)referred
United States · United States Congress · 5 November 1999
Declares that a specified final rule relating to the Organ Procurement and Transplantation Network and the equitable and medically effective allocation of organs for transplantation shall have no force or legal effect. Prohibits the Secretary of Health and Human Services from implementing or exercising additional regulatory authority regarding the Network, as well as regulatory authority under specified provisions of the Social Security Act (SSA) (relating to general SSA regulations, disclosure of information, organ procurement, and general Medicare regulations), before the enactment of amendments to reauthorize and revise provisions of the Public Health Service Act relating to organ transplants.
Bill· SS. 1864 (106th)referred
United States · United States Congress · 4 November 1999
Health Care Access Improvement Act - Amends the Internal Revenue Code to allow a limited tax credit to qualified primary health services providers who establish practices in health professional shortage areas.
Bill· HRH.R. 3224 (106th)referred
United States · United States Congress · 4 November 1999
Women's Health and Cancer Rights Conforming Amendments of 1999 - Amends the Internal Revenue Code to require group health plans to provide coverage for post-mastectomy reconstructive surgery.
Bill· HRH.R. 3216 (106th)referred
United States · United States Congress · 3 November 1999
Medicare Geographic Reclassifications Equity Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act to require the Secretary of Health and Human Services to ensure that geographic reclassifications of hospitals from one urban area to another urban area produce no reduced wage indexes for the urban area in which the hospital was originally classified.
Bill· HRH.R. 3214 (106th)referred
United States · United States Congress · 3 November 1999
National Center for Social Work Research Act - Amends the Public Health Service Act to establish the National Center for Social Work Research as an agency of the National Institutes of Health. Authorizes the Center to establish research traineeships and fellowships, provide stipends and allowances, and make grants. Directs the Secretary of Health and Human Services to establish an advisory council for the Center.
Law· HRH.R. 3194 (106th)enacted
United States · United States Congress · 2 November 1999
Hr3194-dgst-00 ................ Hr3064-48-02 10/27/99 Conf. Rept. 106-419 Abd ............ H.R.3064 (Major Legislation) SPONSOR: Rep Istook, Ernest J., Jr. (introduced 10/13/99) SUMMARY: (REVISED AS OF 10/15/99 -- Passed Senate, amended) District of Columbia Appropriations Act, 2000 - Title I: Fiscal Year 2000 Appropriations - Makes appropriations for the District of Columbia for FY 2000, including amounts for the Federal payments: (1) for District of Columbia Resident Tuition Support; (2) for incentives for adoption of children; (3) to the Citizens Complaint Review Board; (4) to the Department of Human Services; (5) to the District of Columbia Corrections Trustee Operations; (6) to the District of Columbia Courts; (7) for Defender Services in District of Columbia Courts; (9) to the Court Services and Offender Supervision Agency for the District of Columbia; (10) to the Children's National Medical Center; and (11) for the Metropolitan Police Department. Appropriates specified sums out of the District's general fund (and other funds, in some cases) for the current fiscal year for: (1) governmental direction and support; (2) economic development and regulation; (3) public safety and justice; (4) the public education system; (5) human support services; (6) public works; (7) receivership programs; (8) workforce investments; (9) a reserve to be established by the Chief Financial Officer of the District and the District of Columbia Financial Responsibility and Management Assistance Authority (Authority); (10) the Authority itself; (11) repayment of certain loans and interest; (12) repayment of General Fund Recovery Debt; (13) payment of interest on short-term borrowing; (14) lease payments in accordance with the Certificates of Participation involving the land site underlying the building located at One Judiciary Square; and (15) optical and dental insurance payments. Directs the Chief Financial Officer to: (1) finance projects totaling $20 million in local funds (Productivity Bank) that result in cost savings or additional revenues by an amount equal to such financing; (2) make reductions totaling $20 million in local funds to be allocated to projects funded through the Productivity Bank that produce such cost savings or additional revenues; and (3) make reductions of specified amounts for general supply schedule savings and for management reform savings, in local funds to one or more of the appropriation headings in this Act. Requires quarterly reports by the Mayor on such financial activities to specified congressional committees. Appropriates specified sums for: (1) the Water and Sewer Authority and the Washington Aqueduct; (2) the Lottery and Charitable Games Enterprise Fund; (3) the Sports and Entertainment Commission; (4) the D.C. Health and Hospitals Public Benefit Corporation; (5) the D.C. Retirement Board; (6) the Correctional Industries Fund; (7) the Washington Convention Center Enterprise Fund; and (8) capital outlay (including rescissions). Sets forth authorizations as well as limitations and prohibitions on the uses of appropriations under this Act, and directives to the Mayor, the Council, and the Board of Education identical with or similar to those in the District of Columbia Appropriations Act, 1999. (Sec. 130) 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. 131) Bars the use of funds made available by this Act to implement or enforce: (1) the District of Columbia Health Care Benefits Expansion Act of 1992 (also known as the District Domestic Partner Act); or (2) any system of registration of unmarried, cohabiting couples for purposes of extending them benefits on the same basis as such benefits are extended to legally married couples. (Sec. 142) Requires recipients of funds under this Act to comply with the Buy American Act. Expresses the sense of Congress that, to the greatest extent practicable, such funds should be used to purchase only American-made equipment and products. Declares a person ineligible to receive any contract made with funds provided under this Act if the person has been judicially determined to have intentionally affixed a "Made in America" label to a product that is not U.S.-made. (Sec. 147) Prohibits the use of funds contained in this Act to transfer or confine inmates classified above the medium security level, as defined by the Federal Bureau of Prisons classification instrument, to the Northeast Ohio Correctional Center located in Youngstown, Ohio. (Sec. 149) Requires the Chief Financial Officer, by November 1, 1999, or within 30 calendar days after the enactment of this Act, to submit to the appropriate congressional committees, the Mayor, and the Authority, a revised appropriated funds operating budget for all District government agencies for such fiscal year that is in the total amount of the approved appropriation and that realigns budgeted data for personal services and other-than-personal-services, respectively, with anticipated actual expenditures. (Sec. 150) Prohibits the use of funds contained in this Act for: (1) any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug, or for any payment to any individual or entity who carries out such program; or (2) rental payments under a lease for the use of real property by the District government, or to enter a lease, or purchase or manage real property for the District, unless specified conditions are met. (Sec. 152) Terminates such conditioned prohibition on the use of funds contained in this Act to lease, purchase, or manage real property for the District if the District enacts legislation to reform the practices and procedures governing such activities and disposition of its surplus real property. (Sec. 153) Amends the Student Loan Marketing Association Reorganization Act of 1996 to provide funding for public charter school construction and repair in the District. Sets aside a specified amount for use as a credit enhancement fund for such schools. (Sec. 154) Requires the Mayor, the Authority, and the Superintendent of Schools to implement a process to dispose of excess public school real property within 90 days of the enactment of this Act. (Sec. 155) Amends the District of Columbia School Reform Act of 1995 to: (1) extend the Act indefinitely; and (2) grant sibling preference to applicants seeking enrollment in public charter schools in the District. (Sec. 157) Transfers from the Authority to the District a specified sum for: (1) severance payments to individuals separated from employment during FY 2000; (2) expanded contracting authority of the Mayor; and (3) the implementation of a system of managed competition among public and private providers of goods and services by and on behalf of the District. (Sec. 158) Requires the Authority, working with the Commonwealth of Virginia and the Director of the National Park Service, to carry out a project to complete all design requirements and all requirements for compliance with the National Environmental Policy Act for construction of expanded lane capacity for the Fourteenth Street Bridge. Transfers a specified limited amount to the Authority from the District's dedicated highway fund for the project. (Sec. 159) Requires the Mayor to carry out, through the Army Corps of Engineers, an Anacostia River environmental cleanup program. (Sec. 160) Amends the Victims of Violent Crime Compensation Act of 1996 (the Act) to: (1) prohibit payment of administrative costs from the Crime Victims Compensation Fund; and (2) limit the use of such Fund to compensation and attorneys' fees awarded under the Act. Provides that: (1) the Fund shall be maintained as a separate Fund in the Treasury; (2) all amounts deposited to the credit of the Fund are appropriated without fiscal year limitation to make payments as authorized under the Act; and (3) the Fund shall also consist of any other fines, fees, penalties, or assessments that the Court determines necessary to carry out the purposes of the Fund. Transfers any unobligated balance existing in the Fund in excess of $250,000 as of the end of each fiscal year (beginning with FY 2000) to miscellaneous receipts of the Treasury within 30 days after the end of the fiscal year. Ratifies any payments made from or deposits made to the Fund on or after April 9, 1997, to the extent such payments and deposits are authorized under the Act. (Sec. 161) Prohibits the use of funds contained in this Act 60 days after its enactment to pay the salary of any chief financial officer of any District government office who has not filed a certification with the Mayor and the Chief Financial Officer of the District that the officer understands the duties and restrictions applicable as a result of this Act or its amendments. (Sec. 162) Requires the proposed FY 2001 budget of the District government to specify potential adjustments that might become necessary in the event that the management savings achieved by the District during the year do not meet the level of management savings projected. (Sec. 163) Requires any document showing the budget for a District government office that contains specified labels categorizing activities to include descriptions of the types of activities covered and a detailed breakdown of the amount allocated for each one. (Sec. 164) Provides that, in using the funds made available for improvements to specified Federal properties in the Southwest Waterfront of the District, any District government entity may place orders for engineering and construction and related services with the Chief of Engineers of the U.S. Army Corps of Engineers on a reimbursable and, if applicable, contractual basis. Transfers to the Mayor from the Authority a specified amount from the escrow account held by the Authority for the District's infrastructure needs to be used by the Mayor for such improvements. Requires the Mayor to submit quarterly reports to specified congressional committees on the status of the improvements until they are completed. (Sec. 165) Expresses the sense of Congress that the District should not impose or take into consideration any height, square footage, set-back, or other construction or zoning requirements in authorizing the issuance of industrial revenue bonds for a project of the American National Red Cross at 2025 E Street Northwest, Washington, D.C., because this project is subject to approval of the National Capital Planning Commission and the Commission of Fine Arts. (Sec. 166) Amends the National Capital Revitalization and Self-Government Improvement Act of 1997 (the Act) to permit the District of Columbia Offender Supervision, Defender, and Courts Services Agency to carry out sex offender registration functions in the District. Authorizes the Pretrial Services, Parole, Adult Probation and Offender Supervision Trustee appointed under the Act to exercise, during the Agency's transition to full operation, the powers and functions of the Agency relating to sex offender registration, but only upon the Trustee's certification that the Trustee is able to assume such powers and functions. Vests such authority in the Metropolitan Police Department until the Trustee makes such certification. (Sec. 167) Prohibits the use of funds contained in this Act to enact or carry out any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act or any tetrahydrocannabinols (THC) derivative. Provides that the Legalization of Marijuana for Medical Treatment Initiative of 1998, also known as Initiative 59, approved by the electors of the District on November 3, 1998, shall not take effect. (Sec. 168) Transfers to the District from the Authority a specified amount for the Mayor to provide offsets against local taxes for a commercial revitalization program to be available in enterprise zones and low and moderate income areas in the District, provided that the Mayor uses Federal commercial revitalization proposals introduced in Congress as a guideline. (Sec. 169) Amends the District of Columbia Home Rule Act to transfer to the Mayor the Authority's duty with respect to annually developing and submitting to specified congressional committees a performance accountability plan for the District government, and annually reporting to such committees on the performance of the government's activities. (Sec. 170) Declares the sense of Congress that, in considering the District of Columbia's FY 2001 budget, the Congress will take into consideration progress or lack of progress in addressing specified issues, including crime, access to drug abuse treatment, management of parolees and pretrial violent offenders, education, improvement in basic city services, application for and management of Federal grants, and indicators of child well-being. (Sec. 171) Urges the Mayor, before using Federal Medicaid payments to Disproportionate Share Hospitals (DSH) to serve a small number of childless adults, to consider the recommendations of the Health Care Development Commission. (Sec. 172) Directs the Comptroller General to study and report to Congress on the law enforcement, court, prison, probation, parole, and other components of the criminal justice system of the District of Columbia in order to identify the components most in need of additional resources, including financial, personal, and management resources. (Sec. 173) Declares that nothing in this Act bars the District of Columbia Corporation Counsel from reviewing or commenting on briefs in private lawsuits, or from consulting with officials of the District government regarding such lawsuits. (Sec. 174) Directs the Secretary of the Interior, acting through the Director of the National Park Service, to implement the notice of decision approved by the National Capital Regional Director, dated April 7, 1999, including issuance of right-of-way permits at market rates within seven days after enactment of this Act, subject to judicial review. Declares that any Federal agency receiving an application to locate a wireless communications antenna on Federal property in the District of Columbia or surrounding area over which the Federal agency exercises control shall take final action on the application, including action on the issuance of right-of-way permits at market rates. (Sec. 175) Amends the Department of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2000 (the Act) to provide that out of funds appropriated to the Department of Housing and Urban Development for Community Development block grants a specified amount shall be available as a grant for the Special Olympics in Anchorage, Alaska, to develop the Ben Boeke Arena and Hilltop Ski Area. Increases the amount made available for grants for the Economic Development Initiative for making individual grants for targeted economic investments. Deems the statement of the managers of the committee of conference accompanying the Act to be amended under the heading "Community Development Block Grants" to include specified targeted economic development initiatives. Makes specified funds made available for Pittsburgh, Pennsylvania, to redevelop the Sun Co. - LTV Steel Site in Hazelwood, Pennsylvania, available to the Department of Economic Development in Allegheny County, Pennsylvania, for the development of a technology based project in the county. Amends the Act and the Housing and Community Development Act of 1992 to extend the Secretary of Housing and Urban Development's authority through FY 2000 with respect to mortgage risk-sharing agreements and housing finance agency pilot demonstration programs. Amends the Act and the Public and Assisted Housing Drug Elimination Act of 1990 to revise the definition of "federally-assisted low-income housing" to exclude housing assisted under the Native American Housing Assistance and Self-Determination Act. Provides that such amendment shall be construed to have taken effect on October 21, 1998. Title II: Tax Reduction - Commends the District of Columbia for its action to reduce taxes. Ratifies the Service Improvement and Fiscal Year 2000 Budget Support Act of 1999.
Resolution· HRESH.Res. 350 (106th)passed
United States · United States Congress · 2 November 1999
Expresses the sense of the House of Representatives that the Congress should exercise oversight responsibilities and conduct hearings, and take appropriate steps if necessary, concerning private companies that are involved in the trafficking of baby body parts for profit.
Bill· SS. 1837 (106th)referred
United States · United States Congress · 1 November 1999
Healthy Seniors Act of 1999 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to provide for: (1) making specified medical assistance available for prescribed drugs under the State Medicaid plan for certain low-income Medicare beneficiaries not otherwise eligible for such assistance who are enrolled under part B (Supplementary Medical Insurance) of SSA title XVIII; and (2) making payments to the States with respect to such medical assistance at a Federal matching rate of 100 percent. Directs the Secretary of Health and Human Services to reduce payments to a State for a calendar quarter in a fiscal year to the extent that the Secretary determines that certain State expenditure levels for Medicare beneficiaries related to any State- funded prescription drug program or Medicare medical assistance provided under Medicare is less than the level of such expenditures under Medicare or Medicaid during FY 1999.
Resolution· HRESH.Res. 348 (106th)passed
United States · United States Congress · 1 November 1999
Provides that the House of Representatives disagrees to the Senate amendment to H.R. 2990 (quality care for the uninsured) and agrees to the conference requested by the Senate.
Bill· SS. 1834 (106th)referred
United States · United States Congress · 29 October 1999
Medicaid Eligibility Restoration Act - Amends title XIX (Medicaid) of the Social Security Act (SSA) to restore Medicaid eligibility for certain beneficiaries under SSA title XVI (Supplemental Security Income) (SSI).
Bill· SS. 1822 (106th)referred
United States · United States Congress · 28 October 1999
Treatment of Children's Deformities Act of 1999 - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to set standards requiring that group and individual health insurance coverage and group health plans provide coverage for treatment of a minor child's congenital or developmental deformity or disorder due to trauma, infection, tumor, or disease.
Bill· HRH.R. 3177 (106th)referred
United States · United States Congress · 28 October 1999
Lifelong Improvements in Food and Exercise (LIFE) Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to carry out a national program to conduct and support specified activities regarding individuals who are overweight or are obese in order to make progress toward the goal of significantly reducing the number of cases of obesity. Authorizes appropriations.
Bill· SS. 1813 (106th)referred
United States · United States Congress · 27 October 1999
Clinical Research Enhancement Act of 1999 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to: (1) support and expand the NIH's involvement in clinical research; (2) support and expand the resources available for the clinical research community; and (3) establish peer review mechanisms. (Sec. 4) Mandates grants to: (1) establish general clinical research centers to provide the infrastructure for clinical research, including clinical research training and career enhancement; (2) support individual careers in clinical research at general clinical research centers or at other institutions (to be known as Mentored Patient-Oriented Research Career Development Awards); (3) support individual clinical research projects at general clinical research centers or at other institutions (to be known as Mid-Career Investigator Awards in Patient-Oriented Research); (4) support individuals pursuing master's or doctoral degrees in clinical investigation (to be known as Graduate Training in Clinical Investigation Awards); and (5) develop and support programs for training clinical investigators in biostatistics, pharmacology, and other core curricula (to be known as Clinical Research Curriculum Awards). Authorizes appropriations. (Sec. 5) Directs the Secretary of Health and Human Services to establish a loan repayment program for qualified health professionals who have contracted with the Federal Government to conduct clinical research in return for the Government's repayment of a specified amount of their educational loans for each year of service. Authorizes appropriations to carry out the loan repayment provisions. (Sec. 7) Directs the Comptroller General to report to Congress on the extent to which the NIH has complied with requirements of this Act.
Bill· SS. 1808 (106th)referred
United States · United States Congress · 27 October 1999
Drug Court Reauthorization and Improvement Act of 1999 - Authorizes the Attorney General to make grants to States, State courts, local courts, units of local government, and Indian tribes for programs that involve: (1) continued judicial supervision over offenders with substance abuse problems who are not violent offenders; and (2) the integrated administration of related sanctions and services. Prohibits the participation of violent offenders in such programs. Amends the Public Health Service Act to authorize appropriations for FY 2000 through 2003 to enable the Secretary of Health and Human Services to provide drug treatment services in conjunction with drug court programs. Authorizes appropriations to the Attorney General for such fiscal years for such programs.
Bill· HRH.R. 3160 (106th)open
United States · United States Congress · 27 October 1999
Common Sense Protections for Endangered Species Act - Title I: Improving Scientific Integrity of Listing Decisions and Procedures - Amends the Endangered Species Act of 1973 (ESA) to require the Secretary of Commerce or the Interior, as appropriate: (1) to accord greater weight and preference to empirical data rather than extrapolations developed through modeling, when making determinations as to whether a species is endangered or threatened; and (2) consider the future conservation benefits to be provided to the species under species conservation plans or management or conservation agreements in making such determinations. Directs the Secretary to promulgate scientifically valid standards for rendering taxonomic determinations of species and subspecies. Requires such standards to provide that to be eligible for determination as a subspecies under the Act, a subspecies must be reproductively isolated from other subspecific population units and constitute an important component in the evolutionary legacy of the species. Expands provisions which allow petitions for proposed additions to, or removals from, endangered or threatened lists to authorize petitions for changing a species status from a previous determination with respect to such lists. Sets forth minimum requirements for information to be provided by petitions, including: (1) descriptions of available data on the historical and current range, population, and distribution of the species; (2) scientific evidence that the species population is declining or has declined from historic population levels; (3) appraisals of available data on the threats to the species or the causes of its decline; (4) an identification of information contained in the petition that has been peer-reviewed or field-tested; and (5) the reason that the petitioned action is warranted. Sets forth requirements for notification of State Governors and affected tribes to solicit advice as to whether the petitioned action is warranted. Provides for peer review of any determination that an action is warranted if it is in direct conflict with information submitted by a Governor or tribe. Permits any person to intervene as a matter of right in suits under judicial review upon demonstrating that a determination to list a species will have a direct economic effect on the person. Prohibits the Secretary from making a determination that a species is threatened or endangered in a State if a Governor or a tribe provides scientific evidence that a determination is not warranted, unless the Secretary shows by a preponderance of scientific evidence that the information submitted by the State or tribe is incorrect. Requires a public meeting to be held in each State that would be affected by a proposed regulation regarding endangered or threatened species, at the request of any person. Limits the total number of meetings to five. Requires proposed regulations to implement endangered or threatened species determinations to be based on peer-reviewed scientific information that has been, to the maximum extent feasible, verified by field testing. Directs the Secretary, concurrently with a determination that a species warrants listing, to publish an analysis of the economic, social, and other public health, safety, and welfare effects the listing may have. (Sec. 102) Replaces provisions regarding recovery plans with those setting forth requirements for scientific peer review of proposed actions to list a species, remove a species from the list, designate, or revise the designation of, critical habitat, propose alternatives, or establish mitigation obligations. (Sec. 103) Makes data or information considered by the Secretary in making the determination to list subject to the Freedom of Information Act unless the Secretary determines that the information must be kept confidential. Bars the Secretary from publicly disclosing the location of particular private property as habitat for an endangered or threatened species unless the property owner is notified first and consents or the information is otherwise public. Title II: Complying With All Federal Laws and Missions - Authorizes Federal agencies implementing land use or land and resource management plans to authorize, fund, or carry out a site-specific ongoing or previously scheduled action prior to completing consultation with the Secretary if no consultation is required or the Secretary issues a biological opinion and the action satisfies relevant requirements. Requires Federal agencies, upon determining that duties under other Federal laws conflict with those under the ESA, to request the President to resolve the conflict. Authorizes Federal agencies to proceed with proposed actions if consultation is not concluded and the Secretary fails to provide a required statement by the applicable deadline. Provides for the participation of persons who have sought authorization or funding subject to consultation in consultation proceedings. Bars permit or license applicants subject to consultation requirements regarding endangered or threatened species from being subject to new or additional requirements for the specific protection of any species beyond those identified in the Secretary's original statement. (Sec. 202) Permits consultation to be waived by a Federal agency, in response to a natural event or other emergency, for the repair or maintenance of a natural gas pipeline, hazardous liquid pipeline, flood control facility, or electrical distribution transmission or substation facility if the repair or maintenance is necessary to address an imminent threat to human lives or a significant threat to the environment. (Sec. 203) Replaces provisions regarding the Endangered Species Committee (established for the purpose of granting exemptions to consultation requirements) with those authorizing the Secretary to grant exemptions for reasons of national security and the President to grant exemptions for major disaster areas, subject to certain conditions. Eliminates specified requirements for exemptions and judicial review under consultation provisions. Title III: Permitting and Enforcement - Describes conditions under which an activity of a non-Federal person is not a taking of a species, including if it: (1) addresses a critical threat to public health or safety or a natural event; or (2) is incidental to carrying out an otherwise lawful activity such as maintenance, use, or repair of pipelines, flood control facilities, fire breaks, transmission and distribution lines, specified water facilities, and roads and rights-of-way or certain emergency repair. (Sec. 302) Revises provisions regarding citizen suits to permit civil suits by injured parties to enjoin the United States if the violation poses immediate and irreparable harm to a threatened or endangered species. (Current law authorizes suits to enjoin any person alleged to be in violation of the Act.) (Sec. 303) Revises provisions regarding incidental take permits, adding deadlines and administrative requirements for the Secretary on permit actions. Provides that no additional measures to minimize and mitigate impacts on a species that is the subject of such a permit shall be required of a permittee that is in compliance with the permit. Bars any additional restrictions on land or water under the permit without the permittee's consent. Prohibits the Secretary from requiring, as a condition of an incidental take permit, that a permittee for a public project take any measures to minimize or mitigate impacts of a taking: (1) if the costs of implementing such measures will exceed ten percent of the total project costs; or (2) for any activity that occurred prior to the date of permit issuance. (Sec. 304) Authorizes the Secretary to: (1) enter into "safe harbor" agreements with non-Federal persons to benefit the conservation of endangered or threatened species by creating, restoring, or improving habitat or by maintaining currently unoccupied habitat; and (2) provide a grant of up to $10,000 to any individual private landowner to assist the landowner in carrying out such an agreement. Title IV: Recovery Planning - Requires the Secretary, on the basis of the best scientific and commercial data available, to develop and implement plans for the conservation and recovery of endangered and threatened species unless a plan will not promote the conservation of the species or an existing plan or strategy for conservation already serves as the functional equivalent of such plan. Gives priority to plans that: (1) address significant and immediate threats to the survival of a species, have the greatest likelihood of achieving species recovery, and will benefit species that are more taxonomically distinct; (2) address multiple species that are dependent on the same habitat as the endangered or threatened species; (3) reduce conflicts with construction, development projects, jobs, agriculture, private property, or other economic activities; and (4) reduce conflicts with military training and operations. Establishes deadlines for the publication of draft and final recovery plans. Sets forth requirements for: (1) recovery teams appointed to develop recovery plans; and (2) recovery plans, including objective, measurable benchmarks to determine whether progress is being made toward the biological recovery goal recommended by the team. Establishes deadlines for the Secretary's review of existing and future plans. Provides for revision of plans if new information indicates that recovery goals will not achieve conservation and recovery. Revises provisions regarding designations of critical habitat. Authorizes the Secretary to designate critical habitat concurrently with the determination that a species is endangered or threatened if such designation is essential to avoid imminent extinction. Sets forth conditions under which States may develop recovery plans. Requires the Secretary to establish the Office of Species Recovery in the U.S. Fish and Wildlife Service to: (1) provide support services to recovery teams to develop recovery plans; (2) seek the recovery of all endangered or threatened species; (3) make all determinations to remove a species from a list; and (4) assist in the designation of critical habitat. Title V: Miscellaneous - Authorizes appropriations to the Departments of the Interior, Commerce, and Agriculture to carry out the ESA.
Bill· SS. 1792 (106th)passed
United States · United States Congress · 26 October 1999
TABLE OF CONTENTS: Title I: Extension of Expired and Expiring Provisions Title II: Revenue Offset Provisions Subtitle A: General Provisions Subtitle B: Provisions Relating to Real Estate Investment Trusts Title III: Budget Provision Tax Relief Extension Act of 1999 - Title I: Extension of Expired and Expiring Provisions - Amends the Internal Revenue Code to extend through December 31, 2000: (1) treatment of the tentative minimum tax for individuals as zero (and postponement of the reduction in child tax credit for taxpayers subject to the alternative minimum tax); (2) the exclusion from an employee's gross income of employer-provided educational assistance; (3) the research and experimentation credit; (4) exclusions from subpart F income (pro rata income of controlled foreign corporations taxable to U.S. shareholders) of exempt insurance income and active financing income; (5) the suspension of the net income limitation on percentage depletion from marginal oil and gas wells; and (6) the work opportunity tax credit and the welfare-to-work tax credit. (Sec. 102) Repeals the denial of exclusion from an employee's gross income (thus excluding from such gross income) any employer-provided assistance for graduate education leading to a law, business, medical, or other advanced academic or professional degree. (Sec. 103) Revises the credit for increasing research expenses to increase by specified percentages the components of the alternative incremental research credit. Extends the research credit to research in Puerto Rico or any U.S. possession. (Sec. 107) Extends through December 31, 2000 and amends the tax credit for electricity produced from certain renewable resources to: (1) redefine wind and closed-loop biomass facilities; (2) extend the credit to landfill gas and poultry waste facilities; and (3) deny use at the same time of both this credit and the credit for producing fuel from a nonconventional source with respect to any fuel produced from the same facility. (Sec. 108) Revises the deduction for the costs of brownfields environmental remediation to repeal the limitation of a qualified contaminated site to sites within a targeted area (any population census tract with a poverty rate of at least 20 percent, and less than 2,000 people). (Sec. 109) Increases from $10.50 to $13.50 for the period June 30, 1999, through December 31, 2000, the amount of rum excise tax covered over to Puerto Rico and the Virgin Islands. Requires the treasury of Puerto Rico, during such period, to make a certain transfer to the Puerto Rico Conservation Trust Fund. (Sec. 110) Amends the Taxpayer Relief Act of 1997, as amended by the Transportation Equity Act for the 21st Century, to delay until January 1, 2001, the requirement that registered motor fuels terminals offer dyed fuel as a condition of registration. (Sec. 111) Amends the Code to extend through June 30, 2000, the date by which certain gasification facilities must be placed in service in order to qualify for the production credit for fuels produced from nonconventional sources. Title II: Revenue Offset Provisions - Subtitle A: General Provisions - Amends the Code, with respect to the individual estimated tax safe harbor, to revise the 1999 through 2004 scale of the applicable percentage of a preceding year's tax for an individual whose adjusted gross income exceeds $150,000. (Sec. 202) Reduces the foreign tax credit carryback by one year (the second preceding year), and increases the carryover to seven years. (Sec. 203) Excludes from the meaning of capital assets (for capital gains and losses purposes): (1) any commodities derivative financial instrument held by a commodities derivatives dealer, unless it is established to the Secretary of the Treasury's satisfaction that such instrument has no connection to the activities of such dealer as a dealer; (2) any hedging transaction clearly identified as such before the close of the day on which it was acquired, originated, or entered into (or such other time as the Secretary may by regulations prescribe); or (3) supplies of a type regularly used or consumed by the taxpayer in the ordinary course of a trade or business of the taxpayer. (Sec. 204) Imposes a tax on any conjugate vaccine against streptococcus pneumoniae sold by its manufacturer, producer, or importer. Amends the Vaccine Injury Compensation Program Modification Act to repeal as of their original effective dates: (1) inclusion of vaccines against rotavirus gastroenteritis as taxable vaccines; and (2) specified limitations on payments from the Vaccine Injury Compensation Trust Fund. Directs the Comptroller General to report to specified congressional committees on the operation of the Trust Fund and its adequacy to meet future claims. (Sec. 205) Requires any organization a significant trade or business of which is the lending of money to report to IRS any cancellation of indebtedness income. (Sec. 206) Revises the exemption from specified tax treatment of welfare benefit funds (prefunding limits) of any welfare benefit fund which is part of a ten or more employer plan. Limits such exemption to such funds whose only benefits are medical benefits, disability benefits, or group term life insurance benefits which do not provide directly or indirectly for any cash surrender value or other money that can be paid, assigned, borrowed, or pledged for collateral for a loan. Revises the meaning of disqualified benefit which would trigger a certain tax on a welfare benefit fund to set forth a special rule for ten or more employer plans exempted from prefunding limits. Treats as a disqualified benefit subject to such tax any portion of a welfare benefit fund under a ten or more employer plan which is attributable to prefunding limit-exempted contributions if such portion is used for a purpose other than that for which the contributions were made. (Sec. 207) Increases from ten percent to 15 percent of a nonperiodic distribution the withholding rate for nonperiodic distributions from deferred compensation plans. (Sec. 208) Declares that if a taxpayer has gain from a constructive ownership transaction with respect to any financial asset and such gain would otherwise be treated as a long-term capital gain: (1) such gain shall be treated as ordinary income to the extent that it exceeds the net underlying long-term capital gain; and (2) to the extent such gain is then treated as a long-term capital gain, the determination of the applicable capital gain rate (or rates) shall be determined on the basis of the respective rate (or rates) that would have been applicable to the net underlying long-term capital gain. Increases the tax on any gain thus treated as ordinary income by the amount of interest assessable for underpayment of tax, determined with respect to each prior taxable year during any portion of which the constructive ownership transaction was open. Denies any credit against such increase in tax. (Sec. 209) Extends through FY 2009 specified treatment of qualified transfers of excess pension assets to retiree health accounts. Prescribes minimum employer cost requirements for plans transferring assets during the five-year cost maintenance period following a qualified transfer. (Sec. 210) Prohibits accrual method taxpayers from using the installment method of accounting for installment sales. Revises the special nondealer rules for pledges of installment obligations to declare that a payment on an installment obligation shall be treated as directly secured by an interest in an installment obligation to the extent an arrangement allows the taxpayer to satisfy all or a portion of the indebtedness with the installment obligation. (Sec. 211) Revises special rules which allow users of the accrual method not to accrue payments for personal services which (on the basis of experience) will not be collected, to limit such services to those performed in the fields of health, law, engineering, architecture, accounting, actuarial science, performing arts, or consulting. (Sec. 212) Disallows any charitable contribution deduction for transfers to or for the use of a charitable remainder trust if in connection with such transfer: (1) the trust directly or indirectly pays, or has previously paid, any premium on any personal benefit contract with respect to the transferor (split-dollar arrangement); or (2) there is an understanding or expectation that any person will directly or indirectly pay any such premium. Defines personal benefit contract as any life insurance, annuity, or endowment contract in which any direct or indirect beneficiary is the transferor, any member of the transferor's family, or any other person designated by the transferor (except an organization which may receive a deductible charitable contribution). Excepts from treatment as indirect beneficiaries: (1) certain organizations which incur obligations under charitable gift annuity contracts; and (2) persons entitled to payments under certain charitable remainder trusts or unitrusts. Imposes an excise tax in the amount of any premiums paid in connection with such transfers. (Sec. 213) Sets forth a special rule for the assumption of liabilities with respect to determining the basis of property in corporate organizations and reorganizations in which neither gain nor loss is recognized, with the purpose of preventing a duplication of loss through assumption of liabilities giving rise to a deduction. Declares that if, after application of other basis-determining requirements to exchanges of stock and securities, the basis of nonrecognition property exceeds its fair market value, then such basis shall be reduced (but not below such fair market value) by the amount of any liability of the taxpayer assumed in exchange for such property, where such assumption (because payment of the liability would give rise to a deduction, or would be a payment to a retiring partner or a deceased partner's successor in interest) is exempted from requirements that it be treated as money received by the taxpayer. Waives such reduction of basis if the trade or business giving rise to the liability is transferred to the person assuming the liability as part of the exchange. (Sec. 214) Revises treatment and basis allocation rules for transfers of intangibles in certain nonrecognition transactions. Declares that a transfer of an interest in intangible property (such as patents, copyrights, trademarks, franchises, methods, and similar items) shall be treated in such nonrecognition transactions as a transfer of property even if the transfer is of less than all of the substantial rights of the transferor in the property. Requires allocation of the transferor's basis immediately before the transfer among the rights the transferor retains and the rights transferred on the basis of their respective fair market values. States that such treatment shall not apply to a transfer of intangible property developed by the transferor or any related person if such development was pursuant to an arrangement with the transferee. Applies these same rules to partnerships. (Sec. 215) Sets forth a rule for distributions by a partnership to a corporate partner of stock in another corporation. Requires reduction by the specified excess amount in the basis of property held by a distributed corporation where: (1) a corporation (corporate partner) receives a distribution from a partnership of stock in another corporation (distributed corporation); (2) the corporate partner has control of the distributed corporation immediately after the distribution or at any time thereafter; and (3) the partnership's adjusted basis in such stock immediately before the distribution exceeded the corporate partner's adjusted basis in such stock immediately after the distribution. Exempts from such requirement any distribution of stock in the distributed corporation if: (1) the corporate partner does not have control of such corporation immediately after such distribution; and (2) the corporate partner establishes to the satisfaction of the Secretary that such distribution was not part of a plan or arrangement to acquire control of the distributed corporation. Provides that, if the amount of any such reduction exceeds the aggregate adjusted bases of the property of the distributed corporation: (1) such excess shall be recognized by the corporate partner as long-term capital gain; and (2) the corporate partner's adjusted basis in the stock of the distributed corporation shall be increased by such excess. Requires reduction of the basis of any stock in a controlled corporation which is property held by a distributed corporation with respect to these requirements. (Sec. 216) Requires any employee stock ownership plan (ESOP) holding employer securities consisting of stock in an S corporation to provide that no portion of the assets of the plan attributable to (or allocable in lieu of) such employer securities may, during a nonallocation year, accrue (or be allocated directly or indirectly under any qualified plan of the employer) for the benefit of any disqualified person. Defines a nonallocation year as any ESOP plan year if, at any time during it such plan holds employer securities consisting of stock in an S corporation, and disqualified persons own at least 50 percent of the number of shares of stock in that corporation. Prescribes attribution rules. Imposes an excise tax for violations of such prohibition. Subtitle B: Provisions Relating to Real Estate Investment Trusts - Amends the Code with respect the real estate investment trusts (REITs). Modifies the asset diversification test for a REIT to: (1) allow up to 20 percent of total assets at the close of each quarter to be represented by securities of one or more taxable REIT subsidiaries; and (2) disregard in calculating the permissible 25 percent of total assets represented by securities any straight debt meeting specified requirements. (Sec. 222) Excludes from impermissible tenant service income (thus including as rents from real property meeting the requirements of a REIT) any amount received or accrued by the REIT for services furnished or rendered, or management or operation provided, through a taxable REIT subsidiary. Sets forth a special rule including in rents from real property, if specified rental and lodging facility requirements are met, any amounts paid to a REIT by a taxable REIT subsidiary. (Sec. 223) Defines taxable REIT subsidiary. (Sec. 224) Disqualifies for the corporate deduction for interest on indebtedness any interest paid or accrued (directly or indirectly) by a taxable REIT subsidiary to the REIT (earnings stripping). (Sec. 225) Imposes on a REIT a tax equal to 100 percent of redetermined rents, redetermined deductions, and excess interest. (Sec. 231) Sets forth a special foreclosure rule for health care properties acquired by a REIT as the result of the termination of a lease of such property (other than a termination by reason of a default, or the imminence of a default, on the lease). Requires disregard of income derived or received by a REIT from an independent contractor to the extent it is attributable to: (1) any lease of property in effect on the date the REIT acquired the qualified health care property; or (2) any lease of property entered into after such date if a lease of such property from the trust was in effect on such date, and under the terms of the new lease, the REIT receives a substantially similar or lesser benefit in comparison to the first kind of lease. (Sec. 241) Reduces from 95 percent to 90 percent of REIT income and of the excess of the net income from foreclosure property over the tax on foreclosure property specified components of the formula for determination of the amount of dividend deductions which help establish the taxability of REIT income. Reduces from 95 percent to 90 percent of REIT gross income a specified component of the formula for determining the amount of tax imposed on a REIT for failure to meet certain requirements. (Sec. 251) Requires that only persons who own, directly or indirectly, more than five percent of a certain class of stock regularly traded on an established securities market be taken into account as owning any of the stock of such class for purposes of the 35-percent ownership rule determining whether a person is (under 35- percent ownership) or is not (over 35-percent ownership) an independent contractor for purposes of determining rents from real property, and of the special rules for foreclosure property, with respect to REIT taxation. (Sec. 261) Declares that any distribution by a regulated investment company (RIC) made in order to comply with certain tax requirements shall be treated as made from the earliest earnings and profits accumulated in any taxable year to which certain other requirements did not apply (non-RIC year) rather than the most recently accumulated earnings and profits. (Sec. 271) Revises rules for calculating the annualized estimated income installment for a corporation where such installment would be lower than a prescribed amount. Declares that any dividend received from a closely held REIT by any person which owns ten percent or more (by vote or value) of the stock or beneficial interests in the REIT shall be taken into account in computing annualized income installments in a manner similar to the manner under which partnership income inclusions are taken into account. Defines closely held REIT as one with respect to which five or fewer persons own 50 percent or more (by vote or value) of the stock or beneficial interests in the REIT. (Sec. 281) Requires a REIT not to be a controlled entity. Defines controlled entity as one in which, at any time during the taxable year, one person (other than a qualified entity): (1) in the case of a corporation, owns stock possessing at least 50 percent of the total voting power of the corporation's stock, or having a value equal to at least 50 percent of the total value of the corporation's stock; or (2) in the case of a trust, owns beneficial interests in the trust which would meet requirements for a corporation if such interests were stock. Provides that a REIT is not a controlled entity, but is instead a qualified entity, even if it meets the criteria for a controlled entity, but the person owning the stock or beneficial interests is either itself a REIT, or a partnership in which one REIT owns at least 50 percent of the capital and profits interests in the partnership. Excludes from the meaning of controlled entity an incubator REIT meeting specified stock, mortgage asset, and investment capital criteria. Title III: Budget Provision - Declares that any net deficit increase or net surplus increase resulting from the enactment of this Act shall not be counted for the pay-as-you-go automatic offsetting sequestration requirements of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
Bill· SS. 1788 (106th)open
United States · United States Congress · 26 October 1999
Medicare, Medicaid, and SCHIP Adjustment Act of 1999 - Title I: Provisions Relating to Part A Only - Subtitle A: Skilled Nursing Facility Services - Provides for an increase in payment for skilled nursing facility services to certain high cost patients under Medicare part A (Hospital Insurance). (Sec. 102) Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for part B add-ons for facilities participating in the Nursing Home Case-Mix and Quality Demonstration Project. (Sec. 103) Provides for the exemption of facilities from the three-year transition period under the prospective payment system (PPS) for skilled nursing facilities. (Sec. 104) Requires the Secretary of Health and Human Services to study and report to Congress on State licensure and certification standards and respiratory therapy competency examinations. (Sec. 105) Requires the Secretary to study and report to Congress on State licensure and certification standards and respiratory therapy competency examinations. Subtitle B: Hospice Services - Amends SSA title XVIII with regard to payment for hospice care. (Sec. 122) Directs the Comptroller General to study and report to Congress on the feasibility and advisability of updating the payment rates for hospice care. Subtitle C: Other Provisions - Requires the Secretary to study and report to Congress on a PPS for psychiatric hospitals. (Sec. 142) Revises the Medicare PPS for inpatient rehabilitation services. Directs the Secretary to study and report to Congress on the impact of such PPS with regard to utilization of services, beneficiary access to services, non-therapy ancillary services, and other factors that the Secretary determines are appropriate as a result of such study. (Sec. 143) Deems the Northwest Mississippi Regional Medical Center located in Clarksdale, Mississippi to have satisfied the case mix index criteria for classification as a rural referral center. (Sec. 144) Provides for reclassification of certain counties in North Carolina and New York for reimbursement under Medicare. (Sec. 145) Directs the Secretary to: (1) recalculate the Hattiesburg Mississippi Metropolitan Statistical Area (MSA) wage index for FY 2000 using FY 1996 wage and hour data for Wesley Medical Center; (2) issue a wage index correction for FY 2000; and (3) make such adjustments to the PPS for determining the operating costs of inpatient hospital services of a disproportionate share (DSH) hospital. (Sec. 146) Requires the Secretary to consider an application by a certain entity for Medicare certification as an application by a new provider. (Sec. 147) Requires the Secretary to study and report to Congress on whether: (1) the PPS rates are an adequate proxy for the costs of inpatient hospital services; and (2) the standard for county-wide geographic reclassification needs to be updated or revised. Title II: Provisions Relating to Part B Only - Subtitle A: Hospital Outpatient Department Services - Amends SSA title XVIII part B (Supplementary Medical Insurance) to provide for a multiyear transition to PPS for hospital outpatient department services. (Sec. 202) Directs the Medicare Payment Advisory Commission (MEDPAC) to study and report to the Secretary and Congress on the feasibility and advisability of providing payments to rural and cancer hospitals in the PPS for hospital outpatient department services. (Sec. 203) Amends SSA title XVIII to provide for outlier adjustment, transitional pass-through for certain medical devices, drugs, and biologicals, and transitional pass-through for additional costs of innovative medical devices, drugs, and biologicals. Subtitle B: Physicians' Services - Amends SSA title XVIII to provide for modifications of update adjustment factor provisions to reduce oscillations and allow for estimate revisions. (Sec. 221) Directs the Secretary, acting through the Administrator of the Agency for Health Care Policy and Research, to study and report to MEDPAC, for submission to Congress, on utilization of physicians' services by Medicare beneficiaries. Title III: Provisions Relating to Parts A and B - Subtitle A: Home Health Services - Amends the Balanced Budget Act of 1997, as amended by the Tax and Trade Relief Extension Act of 1998, to provide for a delay in the 15 percent reduction in payments under the PPS for home health services. (Sec. 302) Amends SSA title XVIII to provide for an increase in per visit and per beneficiary limits. (Sec. 304) Eliminates the 15-minute billing requirement for prospective payment for home health services. (Sec. 305) Revises requirements for home health agency consolidated billing to include medical supplies but not durable medical equipment. (Sec. 306) Directs MEDPAC to study and report to Congress on the exemption of rural agencies and populations from inclusion in the home health PPS. (Sec. 307) Amends SSA title XVIII to provide for an extension of interim payments for home health agencies. Subtitle B: Graduate Medical Education - Amends SSA title XVIII to revise the multiyear reduction of indirect graduate medical education (GME) payments. (Sec. 322) Increases certain limitations on the number of residents or interns with respect to GME payments for certain interns and residents who transferred from Department of Veterans' Affairs (VA) hospitals to non-VA hospitals in order to maintain residency program accreditation. Title IV: Rural Initiatives - Prescribes or revises requirements for: (1) sole community hospitals and Medicare dependent hospitals; (2) revision of criteria for designation as a critical access hospital; (3) Medicare waivers for hospitals in rural areas; (4) two-year extension of Medicare dependent hospital (MDH) program; and (5) assistance to rural GME residency programs. Title V: Provisions Relating to Part C (Medicare+Choice Program) - Subtitle A: Provisions to Accommodate and Protect Medicare Beneficiaries - Amends SSA title XVIII part C (Medicare+Choice) : (1) permit enrollment in alternative Medicare+Choice plans and Medicare supplemental insurance (Medigap) coverage in case of involuntary termination of Medicare+Choice enrollment; (2) revise the effective date of elections and changes of elections of Medicare+Choice plans; (3) provide for an extension of reasonable cost contracts; (4) provide for revision of notice by hospitals on coverage of inpatient hospital services; and (5) provide for an extended disenrollment window for certain involuntarily terminated enrollees. Subtitle B: Provisions to Facilitate Implementation of the Medicare+Choice Program - Amends Medicare part C to provide for phase-in of Medicare+Choice risk adjustment methodology implementation. (Sec. 522) Delays the deadline for submission of adjusted community rates under Medicare+Choice program. (Sec. 523) Bases the user fee for Medicare+Choice organizations on the number of enrolled beneficiaries. (Sec. 524) Revises the time period for the exclusion of Medicare+Choice organizations that have had a contract terminated. (Sec. 525) Provides for flexibility to tailor benefits under Medicare+Choice plans. (Sec. 526) Makes the Quality Improvement System for Managed Care inapplicable to preferred provider organizations. (Sec. 527) Changes the timing of Medicare+Choice health information fairs. (Sec. 528) Amends Medicare part D (Miscellaneous Provisions) to exempt from certain ownership and compensation arrangement prohibitions applicable to prepaid plans any services furnished by a Medicare+Choice organization offering a coordinated care plan to an organization enrollee. (Sec. 529) Amends Medicare part C regarding the ability of a religious fraternal benefit society to operate a Medicare+Choice private fee-for-service plan. Subtitle C: Provisions Regarding Special Medicare Populations - Amends the Omnibus Budget Reconciliation Act of 1987 to extend the Social Health Maintenance Organization Demonstration Project authority. (Sec. 542) Amends SSA titles XVIII and XIX (Medicare) to provide for the inapplicability of the Outcome and Assessment Information Set to the PACE (program of all-inclusive care for the elderly) program. (Sec. 543) Outlines Medigap protections for PACE program enrollees. (Sec. 544) Requires the Secretary to extend the EverCare demonstration project for the frail elderly. Subtitle D: Studies and Reports to Assist in Making Future Improvements in the Medicare Program - Directs the Comptroller General to: (1) study and report to Congress on Medigap policies; and (2) conduct an annual audit for a report to Congress on the expenditures by the Secretary during the preceding year in providing information on the Medicare+Choice program to eligible Medicare beneficiaries. (Sec. 562) Directs MEDPAC to study and report to Congress on: (1) the Secretary's methodology in developing the risk factors used in adjusting the Medicare+Choice capitation rate paid to Medicare+Choice organizations; and (2) the development of special payment rules under the Medicare+Choice program for frail elderly enrolled in specialized programs. (Sec. 563) Directs the Secretary to compute the expenditures under the original Medicare fee-for-service program under Medicare parts A and B on a county-by-county basis. (Sec. 564) Directs the Secretary to study and report to Congress on the effects, costs, and feasibility of requiring Medicare original fee-for-service entities and Medicare+Choice coordinated care plans to comply with uniform quality standards and related reporting requirements. (Sec. 565) Directs the Secretary to study and report to Congress on data submission used to establish risk adjustment methodology under the Medicare+Choice program. Title VI: Other Medicare Provisions - Amends SSA title VI to provide for a two-year moratorium on caps for certain physical therapy services. (Sec. 601) Amends the Balanced Budget Act of 1997 (BBA '97) to revise requirements for the report on outpatient physical therapy services and outpatient occupational therapy services with respect to prospective payment for outpatient rehabilitation services. Directs the Secretary to study and report to Congress on utilization patterns of such therapy services. (Sec. 602) Amends SSA title XVIII to provide for: (1) an increase in the Medicare payment amount for renal dialysis services; (2) an increase in payment amount for pap smear and laboratory tests; and (3) a limitation in the reduction of payments to DSH hospitals. (Sec. 605) Prohibits the Secretary from using, or permitting fiscal intermediaries or carriers to use, the inherent reasonableness authority under Medicare part B until a certain date after the Comptroller General of the United States releases a report on the impact of the Secretary's fiscal intermediaries' and carriers' use of such authority. (Sec. 608) Prohibits any net deficit increase resulting from enactment of this Act from being counted for purposes of the paygo scorecard under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Title VII: Provisions Relating to Medicaid and SCHIP - Amends SSA title XIX to make technical corrections related to BBA '97. (Sec. 702) Increases the DSH allotment for Minnesota, New Mexico, Wyoming, and the District of Columbia. (Sec. 703) Amends BBA '97 to make the Medicaid DSH transition rule permanent. (Sec. 704) Amends SSA title XIX (State Children's Health Insurance) (SCHIP) to increase allotments for territories under SCHIP. (Sec. 705) Amends SSA title XIX to remove fiscal year limitation on certain transitional administrative costs assistance. (Sec. 706) Amends SSA title XIX to revise floors and ceilings in the SCHIP allotment formula. (Sec. 707) Requires the Secretary to adjust the annual Current Population Survey to include State-by-State data relating to children without health insurance coverage. Makes appropriations. Requires the Secretary, acting through the National Center for Health Statistics, to collect children's health care access and utilization State-level data. Makes appropriations. Requires the Secretary, directly or through contracts or interagency agreements, to conduct an independent evaluation of State SCHIP programs. Provides funding. Directs the Secretary to conduct an audit with regard to SCHIP enrollees who are Medicaid-eligible. Requires the Comptroller General to monitor such audits and submit a report on them to Congress. (Sec. 708) Provides for grants to States for items and services provided by federally-qualified health centers and rural health clinics. Makes appropriations.
Bill· HRH.R. 3145 (106th)referred
United States · United States Congress · 26 October 1999
Health Care Preservation and Accessibility Act of 1999 - Title I: Teaching Hospitals - Amends title XVIII (Medicare) of the Social Security Act (SSA) with respect to the following: (1) termination of multiyear reduction of indirect graduate medical education payments; (2) exclusion of nursing and allied health education costs in calculating payments to Medicare+Choice organizations under Medicare part C; and (3) payment to hospitals of nursing and allied health education program costs for Medicare+Choice enrollees. (Sec. 102) Directs the Secretary of Health and Human Services (HHS), for each of FY 2000 and 2001, to make two payments determined in accordance with specified guidelines to each children's hospital whose inpatients are predominantly individuals under age 18, one for direct expenses and the other for indirect expenses associated with operating approved graduate medical residency training programs. Authorizes appropriations. Title II: Rural Hospitals - Amends SSA title XVIII to: (1) revise the criteria for designation as a critical access hospital under provisions for the Medicare rural hospital flexibility program; (2) provide authority under Medicare part B (Supplementary Medical Insurance) provisions for payment of benefits for the establishment of a prospective payment system (PPS) for rural health clinic services; (3) require consideration of rural issues in establishing the fee schedule for ambulance services under Medicare part B; and (4) set the applicable percentage at 100 percent with respect to covered outpatient department (OPD) services furnished during a transition year in a rural hospital pursuant to the provisions below in title IV of this Act that provide for a multiyear transition to the PPS for hospital OPD services under Medicare part B. Title III: Safety Net Providers - Amends SSA title XIX (Medicaid) to establish a new PPS for federally-qualified health centers and rural health clinics under Medicaid. (Sec. 302) Amends SSA title XVIII to: (1) provide for the removal of payments attributable to disproportionate share (DSH) payments from calculation of adjusted average per capita cost in determining payments to Medicare+Choice organizations; (2) provide additional payments for managed care enrollees under Medicare part D (Miscellaneous) provisions for payment to hospitals for inpatient hospital services; and (3) place a limitation on the reduction of payments to DSH hospitals. Title IV: Other Hospital Provisions - Amends SSA title XVIII to provide for: (1) delay of the financial limitation on rehabilitation services under Medicare part B provisions for the payment of benefits; and (2) multiyear transition to the PPS for hospital OPD services under Medicare part B. Title V: Skilled Nursing Facilities - Directs the Secretary of Health and Human Services (HHS), for purposes of applying the formula under the PPS for determining the amount of payment for the costs of covered skilled nursing facility (SNF) services provided on or after a certain time period, to increase the adjusted Federal per diem rate under such PPS for services provided to any individual in a RUG III category by the applicable payment add-on determined in accordance with an outlined table. (Sec. 502) Excludes ambulance services furnished to an individual in conjunction with a renal dialysis service, and prosthetic and orthotic devices from the PPS for SNFs. (Sec. 503) Directs the Secretary to: (1) cover under extended care services provisions of Medicare part A (Hospital Insurance) individuals with a condition classifiable within a specified diagnosis-related group; (2) study and report to Congress on extended care services provided in SNFs for which coverage is provided under the Medicare select program; (3) establish certain extended care services demonstration programs; (4) require the application of any deductibles and coinsurance under Medicare part A upon waiver of the three day hospitalization stay requirement and beginning with the first day of extended care services in a SNF; (5) reduce the amount of any deductible or coinsurance applied based on certain criteria; and (6) reduce amounts otherwise payable under Medicare part A for post-hospital extended care services under specified conditions. Provides that in the case of an individual eligible for Medicaid nursing facility service assistance, Medicaid shall apply as if this title had not been enacted. (Sec. 504) Authorizes the extension of certain Medicare community nursing organization demonstration projects under the Omnibus Budget Reconciliation Act of 1987. Title VI: Cost-Efficient Home Health Providers - Amends the Balanced Budget Act of 1997 (BBA '97), as amended by the Tax and Trade Relief Extension Act of 1998, to delay for an additional year the contingency reduction scheduled under BBA '97 with regard to payment for home health services. (Sec. 602) Amends SSA title XVIII to eliminate the 15-minute reporting requirement under the PPS for home health services with regard to the length of time of the service visit. (Sec. 603) Outlines provisions for recoupment by the Secretary of overpayments to home health agencies for certain home health services. (Sec. 604) Amends SSA title XVIII to provide for an increase in the per visit cost limit with respect to payment for services furnished by home health agencies. Title VII: Medicare+Choice and Medigap Protections for Seniors and the Disabled - Amends SSA title XVIII to provide for: (1) a two year (currently, one year) period during which an individual may be enrolled in a Medicare+Choice plan under Medicare part C and then terminate such enrollment for enrollment in a Medicare supplemental (Medigap) policy; (2) modification of coverage enrollment periods for such plans and policies with regard to individual notification of plan or policy termination; (3) guaranteed issuance of certain Medigap policies in cases of a substantial change in benefits under a Medicare+Choice plan, of certain Medigap policies to disabled Medicare+Choice disenrollees, and of the same Medigap benefit package for certain Medicare+Choice disenrollees; and (4) prohibition of attained-age rating of premiums for Medigap policies. Title VIII: Medicare Preservation through Fraud Prevention - Amends SSA title XVIII to provide for: (1) site inspections for suppliers of durable medical equipment (DME), community mental health centers, and other provider groups as determined by the Secretary; (2) background checks on applicants for provider numbers; and (3) registration of billing agencies and individuals. (Sec. 803) Amends SSA title XI to provide for exclusion of applicable persons from participation in Federal health care programs if such a person submitted a fraudulent claim for reimbursement under Medicare. Provides for: (1) expanded access to the database maintained through the national health care fraud and abuse data collection program; and (2) a criminal penalty for misuse of database information. (Sec. 804) Amends SSA title XVIII to make Medicare carriers and fiscal intermediaries liable for claims submitted by excluded providers. (Sec. 805) Revises Medicare provisions on community mental health centers. (Sec. 806) Amends SSA title XI to: (1) limit the discharge of debts in bankruptcy proceedings in cases where a health care provider or a supplier engages in fraudulent activity; and (2) impose a criminal penalty for the selling or distribution of two or more Medicare or Medicaid beneficiary identification or provider numbers. (Sec. 808) Amends the Federal criminal code to provide for the treatment of certain SSA crimes as Federal health care offenses. (Sec. 809) Authorizes any criminal investigator of the HHS' Inspector General's (IG's) Office, upon designation, to execute a variety of specified duties, including obtaining and executing any warrant or other process issued under the authority of the United States, while engaged in activities within the lawful jurisdiction of the IG. Provides that the HHS IG may receive and expend funds that represent the equitable share from the forfeiture of property in investigations in which the HHS IG participated, and that are transferred to the HHS IG by the Departments of Justice or the Treasury or the U.S. Postal Service. Requires such equitable sharing funds to be deposited in a separate account and to remain available until expended. (Sec. 810) Outlines requirements for universal product numbers (UPN's, or bar codes) on claims forms for Medicare reimbursement of any UPN covered item. Authorizes appropriations.
Bill· HRH.R. 3146 (106th)referred
United States · United States Congress · 26 October 1999
Health Care Restoration Act of 1999 - Title II (sic): Provisions Relating to Part B - Subtitle A: Payment for Physician Services - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act (SSA) with regard to payment for physicians' services to provide for: (1) an update to the specified conversion factor for years beginning with 2001; (2) modification of requirements concerning conversion factors, updates, and sustainable growth rate; and (3) inclusion of a limitation on application of the practice expense site-of-service differential and of a revision to 1997 relative value units (RVUs) under provisions for computation of RVUs for components. (Sec. 202) Directs the Secretary of Health and Human Services (HHS), for a report to Congress, to use data collected or developed by entities and organizations other than HHS to supplement its data in determining the practice expense component used for purposes of determining relative values for payment for physicians' services under the Medicare fee schedule. (Sec. 203) Directs the Administrator of the Health Care Financing Administration to study and report to Congress on the physician and non-physician clinical resources necessary to provide safe outpatient cancer therapy services and the appropriate payment rates for such services under Medicare. Subtitle B: Hospital Outpatient Services - Amends SSA title XVIII part B with regard to the prospective payment system (PPS) for hospital outpatient department (OPD) services to require the Secretary to provide for outlier adjustment and for transitional pass-through payment for additional costs of innovative medical devices, drugs, and biologicals. Provides for application of such new adjustments on a budget neutral basis. Limits judicial review for such new adjustments. (Sec. 211) Includes medical devices as covered OPD services. Limits variation of costs of services classified within a group. (Sec. 212) Adds a transitional adjustment to limit decline in payment for certain covered OPD services furnished before January 1, 2002 and during 2002 and 2003, pursuant to specified guidelines. Directs the Secretary to report to Congress on whether the PPS for covered OPD services furnished under Medicare should apply to various specified providers of outpatient items and services for which payment is made under Medicare, including rural health clinics and rural referral centers. (Sec. 213) Adds to the special rules for certain hospitals rules for cancer and small rural hospitals pertaining to the amount of PPS payment for covered OPD services furnished before January 1, 2005. (Sec. 214) Revises provisions on periodic review and adjustments components of PPS, mandating at least an annual review by the Secretary, among other changes. Subtitle C: Other - Amends SSA title XVIII part B to place a two-year moratorium on the caps for certain physical and occupational therapy services. Amends the Balanced Budget Act of 1997 (BBA '97) to modify congressional reporting requirements pertaining to HHS recommendations on the establishment of a revised coverage policy for outpatient physical and occupational therapy services. Directs the Secretary to study and report to Congress on utilization patterns for such services, and speech-language pathology services covered under Medicare. (Sec. 222) Provides that if the Secretary implements a revised PPS for services of ambulatory surgical facilities under Medicare part B before incorporating data from the 1999 Medicare cost survey, such system shall be implemented consistent with specified principles, such as the principle of budget neutrality. (Sec. 223) Amends BBA '97 to expand coverage to direct services for Medicare beneficiaries participating in certain demonstration projects. Directs the Secretary to study and report to Congress on the use of telemedicine. (Sec. 224) Amends part D (Miscellaneous) of SSA title XVIII with regard to determination of facility specific per diem rates under the PPS for skilled nursing facilities for routine service costs. (Sec. 225) Directs the Administrator for Health Care Policy and Research to provide for a study and report to Congress that compares the differences in quality of ultrasound and other imaging services (including error rates and resulting complications) furnished under the Medicare and Medicaid (SSA title XIX) programs between such services furnished by individuals who are credentialed by private entities or organizations and by those who are not so credentialed. Requires the study to examine and evaluate differences in error rates and patient outcomes as a result of the differences in credentialing. (Sec. 226) Requires the Medicare Payment Advisory Commission (MEDPac) to study and report to Congress on the regulatory burdens placed on all classes of health care providers under Medicare parts A (Hospital Insurance) and B (Supplementary Medical Insurance) to determine the costs these burdens imposed on the nation's health care system. (Sec. 227) Amends part D of SSA title XVIII to eliminate the time limitation on Medicare benefits for immunosuppressive drugs. Title III: Provisions Relating to Parts A and B - Subtitle A: Home Health Services - Directs the following officials to do the following: (1) the Secretary to report to Congress and the Comptroller General (CG) on specified matters with respect to the data collection requirement of patients of Medicare home health agencies under the Outcome and Assessment Information Set (OASIS) standard as part of the comprehensive assessment of patients; and (2) the CG to conduct an independent audit for a report to Congress on the costs incurred by such agencies in complying with such requirement. (Sec. 302) Amends BBA' 97 to limit OASIS data collection requirements to Medicare and Medicaid patients. (Sec. 303) Amends part D of SSA title XVIII to provide for a phase-in and partial elimination of the 15 percent reduction in payments under the PPS for home health services. (Sec. 304) Amends part B of SSA title XVIII with regard to home health agency consolidated billing for durable medical equipment. (Sec. 305) Amends part D of SSA title XVIII to include under the PPS for home health services provisions on use of PPS payments for costs associated with the use of telecommunications systems. Subtitle B: Other - Amends part D of SSA title XVIII to permit the reclassification of certain urban hospitals as rural hospitals. (Sec. 312) Directs the MEDPac to study and report to Congress on Medicare payment policy with respect to graduate clinical training of different classes of non-physician health care professionals and the basis for any differences in treatment among such classes. Title V: Provisions Relating to Part C (Medicare+Choice Program) - Subtitle A: Medicare+Choice - Amends part C (Medicare+Choice) of SSA title XVIII to provide for the phase-in of a new risk adjustment methodology under provisions for payments to Medicare+Choice organizations. (Sec. 502) Directs the Secretary to provide for the computation and the publication, on an annual basis at the time of publication of the annual Medicare+Choice capitation rates, of information on the level of the average annual per capita costs for each Medicare+Choice payment area. (Sec. 503) Makes various specified changes in Medicare+Choice special election period rules and associated Medicare supplemental health insurance (Medigap) policies provisions permitting enrollment in alternative Medicare+Choice plans in case of involuntary termination of Medicare+Choice enrollment. (Sec. 504) Allows variation in premium waivers within a service area if Medicare+Choice payment rates vary within the area. (Sec. 505) Delays to not later than July 1 (currently, not later than May 1) of each year the submission by each Medicare+Choice organization to the Secretary of adjusted community rate, proposed premium, and related information. Modifies provisions with respect to provision of notice and list of plans and comparison of plan options. (Sec. 506) Revises treatment of accreditation provisions under the Medicare+Choice quality assurance program, directing the Secretary to determine, within 90 days after receiving an application by a private accrediting organization, whether its process meets certain requirements considering the factors described under provisions on the effect of accreditation. (Sec. 507) Reduces from 0.5 to 0.3 percentage points the adjustment in national per capita Medicare+Choice growth percentage for 2001 and 2002. (Sec. 508) Allows the Secretary to extend or renew a reasonable cost reimbursement contract beyond December 31, 2005. (Sec. 509) Amends part C (Medicare+Choice) of SSA title XVIII to reduce from five to two years the re-entry period after a contract with a Medicare+Choice organization. (Sec. 510) Directs MEDPac to: (1) study and report to Congress on risk adjustment; and (2) report to Congress on specific legislative changes that should be made to make Medicare Medical Savings Account plans a viable option under the Medicare+Choice program. (Sec. 512) Amends part C (Medicare+Choice) of SSA title XVIII to permit religious fraternal benefit societies to offer a range of Medicare+Choice plans. Subtitle B: Other Managed Care Provisions - Amends BBA '97 to provide for a delay in implementation of the Medicare prepaid competitive pricing demonstration project. (Sec. 522) Amends part D of SSA title XVIII to make OASIS inapplicable to a PACE (program of all-inclusive care for the elderly) program. Title VI: Medicaid - Amends BBA '97 to: (1) make the Medicaid disproportionate share hospital (DSH) transitional rule permanent; (2) increase the DSH allotment for the District of Columbia, Minnesota, New Mexico, and Wyoming for FY 2000 through 2002; (3) establish a new PPS for Federally-qualified health centers and rural health clinics; and (4) revise the formula used by the Secretary to determine payment amounts to each State which has an approved Medicaid plan. Title VII: State Children's Health Insurance Program (SCHIP) - Amends SSA XXI (Children's Health Insurance) (CHIP) to: (1) modify provisions on allotments, among other changes replacing provisions on floor for States with provisions on floors and ceilings in State allotments; and (2) increase appropriations for described territories and commonwealths under CHIP.
Bill· HRH.R. 3148 (106th)referred
United States · United States Congress · 26 October 1999
Reprocessed Single Use Medical Device Patient Safety Act of 1999 - Amends the Federal Food, Drug, and Cosmetic Act to require every person or establishment (entity) engaged in the reprocessing of a medical device labeled for single use shall: (1) upon first engaging in such reprocessing and for each year in which such entity continues to so engage, register with the Secretary of Health and Human Services and provide all required information; and (2) for each such year, submit to the Secretary a list of devices labeled for single use that the entity is reprocessing, including names of original manufacturers and specific models. Requires each such entity to: (1) provide such information to each person or establishment that uses such device; and (2) demonstrate the device's safety and effectiveness. Requires every person or establishment that uses a class II or III reprocessed medical device, or a critical class I reprocessed medical device, for the provision of medical care to individuals to seek informed patient consent for such use, and to include a record of such use in the individual's medical record. Requires a report from the Secretary to specified congressional committees on the safety and efficacy of the reprocessing of devices labeled for single use. Requires the Secretary to modify the MEDWATCH forms to facilitate the reporting of such information.
Bill· SS. 1783 (106th)referred
United States · United States Congress · 25 October 1999
Long-Stay Hospital Payment Improvement Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act to establish a prospective payment system (PPS) for inpatient long-stay hospital services.
Bill· SS. 1765 (106th)referred
United States · United States Congress · 21 October 1999
Post-Viability Abortion Restriction Act - Prohibits knowingly performing an abortion after the fetus has become viable, except when, in the medical judgment of the attending physician, the abortion is necessary to preserve the woman's life or to avert serious adverse health consequences to the woman. Provides for a $10,000 fine for a first offense in violation of this Act and medical license revocation for a second offense.
Bill· SS. 1757 (106th)referred
United States · United States Congress · 20 October 1999
Rural Hospital Relief Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to: (1) revise the prospective payment system (PPS) for hospital outpatient department (OPD) services with regard to the calculation of base amounts, in order to eliminate the (unintended) reduction in the conversion factor for the Medicare OPD PPS; (2) exclude certain ambulance services and swing-bed days from the Medicare skilled nursing facility PPS; (3) modify the Medicare rural hospital flexibility program and other related Medicare requirements with regard to criteria for designation as a critical access hospital; (4) reduce from 45 percent to ten percent the amount of bad debts otherwise treated as allowable costs attributable to deductibles and coinsurance amounts under Medicare for cost reporting periods beginning after FY 1999 in determining reasonable costs for hospitals; (5) prohibit the Secretary of Health and Human Services from applying productivity guidelines in determining the reasonable costs of rural health clinics for services furnished in calendar years 1998 through 2001; and (6) tie inflation updates for hospitals and skilled nursing facilities located in rural areas to the market basket percentage increase for them. Amends the Balanced Budget Act of 1997 to establish a temporary limit on reductions in Federal payments for covered OPD services furnished by a hospital in a rural area during a calendar year. Provides that the entire amount necessary to carry out this Act and the amendments made by it shall be available only to the extent that an official budget request for the entire amount, that includes designation of the entire amount of the request as an emergency requirement under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm- Rudman-Hollings Act), as amended, is transmitted by the President to Congress, if that entire amount is designated by Congress as an emergency requirement.
Bill· HRH.R. 3115 (106th)referred
United States · United States Congress · 20 October 1999
National Institutes of Health EPSCoR Program Act of 1999 - Amends the Public Health Service Act to revise the program for enhancing the competitiveness of entities conducting biomedical and behavioral research in obtaining funds from the National Research Institutes. Establishes a new experimental program to stimulate competitive research (EPSCoR) to enhance the research competitiveness of a non-Federal entity located in an EPSCoR State (as defined in this Act). Authorizes appropriations.
Bill· HRH.R. 3114 (106th)referred
United States · United States Congress · 20 October 1999
American Hospital Preservation Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to reduce for FY 2000 through 2002 the market basket percentage based update factor used for purposes of determining payment for prospective payment system (PPS) hospitals for inpatient hospital services.
Bill· HRH.R. 3107 (106th)referred
United States · United States Congress · 19 October 1999
Amends title XVIII (Medicare) of the Social Security Act (SSA) to extend Medicare coverage of immunosuppressive drugs to cases of transplants not paid for under Medicare.
Bill· HRH.R. 3103 (106th)referred
United States · United States Congress · 19 October 1999
Medicaid Safety Net Hospital Preservation Act of 1999 - Amends title XIX (Medicaid) of the Social Security Act to: (1) freeze Medicaid disproportionate share hospital (DSH) allotments for FY 2001 and 2002 at FY 2000 levels; and (2) increase the FY 2000 DSH allotments for the District of Columbia, Minnesota, New Mexico, and Wyoming.
Bill· HRH.R. 3110 (106th)referred
United States · United States Congress · 19 October 1999
Dr. Sydney E. Salmon Access to Cancer Clinical Trials Act of 1999 - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to provide coverage for qualified individuals participating in approved cancer clinical trials if a group health plan or an issuer offering health insurance coverage in connection with a group health plan or in the individual market otherwise provides coverage to such an individual. Directs the Secretaries of Health and Human Services (HHS), of Labor, and of the Treasury to: (1) analyze cancer clinical research and its cost implications for managed care; and (2) submit a report to Congress that contains, among other specified items, an assessment of any incremental cost to group health plans resulting from this Act and recommendations regarding action on other diseases. Requires the Secretaries of Labor, of the Treasury, and of HHS to ensure coordinated administration of this Act.
Bill· SS. 1742 (106th)referred
United States · United States Congress · 18 October 1999
Amends title XVIII (Medicare) of the Social Security Act to permit certain skilled nursing facilities to participate in the three-year transition period under the prospective payment system (PPS) for skilled nursing facility services. Makes this Act effective as if the above amendment were included in the Balanced Budget Act of 1997.
Bill· HRH.R. 3092 (106th)referred
United States · United States Congress · 18 October 1999
Save Medicare Beneficiaries Act of 1999 - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act to make specified changes in the rate of increase in Medicare+Choice capitation rates for 2000 and subsequent years.
Bill· SS. 1725 (106th)referred
United States · United States Congress · 14 October 1999
DrugGap Insurance for Seniors Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to establish a DrugGap Medicare supplemental health insurance policy (Medigap DrugGap policy) that covers only outpatient prescription drugs and that has one of the two following benefit packages: (1) a standard benefit package that provides a deductible not to exceed $250, coinsurance not to exceed 20 percent, and a $5,000 maximum benefit and a low- cost benefit package that provides a deductible not to exceed $750, coinsurance not to exceed 30 percent, and a $5,000 maximum benefit; and (2) a stop-loss benefit package that provides a stop- loss coverage benefit that limits the application of any beneficiary cost-sharing during a year after the beneficiary incurs out-of-pocket covered expenditures in excess of $5,000, or, in the case that the beneficiary has a standard benefit package, such beneficiary reaches the maximum benefit (defined as the total amount paid for covered outpatient prescription drugs) under such package. Modifies existing Medigap policy provisions, including changes to identify a core group of basic benefits common to all policies other than the Medigap DrugGap policy benefit packages. Amends SSA title XVIII part B (Supplementary Medical Insurance) to require the State to provide for payment to the appropriate entity on behalf of a qualified low-income Medigap DrugGap policy enrollee for assistance with regard to premium costs and out-of-pocket expenses. Reimburses the State for such payment out of the Federal Supplementary Medical Insurance Trust Fund. Amends the Omnibus Budget Reconciliation Act of 1990 to require State health insurance information, counseling, and assistance grant programs to provide specific information regarding any Medigap DrugGap policy. Authorizes appropriations. Directs the Secretary of Health and Human Services to contract with the National Association of Insurance Commissioners for a study of, and report to the Secretary (for transmission to Congress) on, Medigap policies.
Bill· SS. 1728 (106th)referred
United States · United States Congress · 14 October 1999
Amends title XIX (Medicaid) of the Social Security Act to remove the limit on the amount of Medicaid disproportionate share hospital (DSH) payments for certain hospitals in Ohio, other than institutions for mental diseases or other mental health facilities.
Bill· HRH.R. 3081 (106th)open
United States · United States Congress · 14 October 1999
Wage and Employment Growth Act of 1999 - Title I: Amendments to Fair Labor Standards Act of 1938 - Amends the Fair Labor Standards Act of 1938 to increase the Federal minimum wage (currently, $5.15 per hour) to: (1) $5.48 an hour during the year beginning on April 1, 2000; (2) $5.81 an hour during the year beginning on April 1, 2001; and (3) $6.15 an hour during the year beginning on April 1, 2002. (Sec. 101) Repeals the exclusion from (thus includes in) the meaning of regular rate of remuneration any sums paid as gifts, or in the nature of gifts made at Christmas time or on other special occasions (bonuses). (Sec. 102) Exempts from minimum wage and overtime requirements: (1) certain network or database analysts, designers, and developers, including any whose primary duty is the management or training of employees performing specified duties related to computer systems or software design, or development; (2) certain sales employees with specialized or technical product or service knowledge and a detailed understanding of customer needs, who earn at least one-and-a-half times the minimum wage, plus commissions, and meet other specified requirements; and (3) licensed funeral directors and embalmers. Title II: Small Business Provisions - Amends the Internal Revenue Code (the Code) to increase a self-employed individual's deduction for the health insurance costs of self and family to 100 percent. Denies such deduction only for any month the individual actually participates in an employer-subsidized health plan (currently, for any month the individual is eligible to participate). (Sec. 202) Increases to $30,000 the aggregate cost taken into account for the option to expense certain depreciable business assets of small businesses. (Sec. 203) Increases from 50 percent to: (1) 55 percent in 2001 and after 2001 to 60 percent the deduction for meal and entertainment expenses for small businesses; and (2) 80 percent the deduction of business meal expenses for individuals subject to Federal limitations on hours of service. (Sec. 205) Repeals specified occupational taxes relating to distilled spirits, wine, and beer. Revises the record-keeping requirements for wholesale and retail liquor dealers. Makes it unlawful for any liquor dealer (except one selling beer exclusively) to purchase distilled spirits from any person but a wholesale liquor dealer (excluding a wholesale dealer exclusively in beer) subject to specified record-keeping requirements. Title III: Pension Provisions - Subtitle A: Expanding Coverage - Increases limits on benefits and contributions under qualified pension plans. (Sec. 302) Amends the Code and the Employee Retirement Income Security Act of 1974 (ERISA) with regard to the tax on prohibited transactions, and in particular certain transactions involving trusts which are part of an owner-employee plan, and which are not exempted from the tax. Limits the meaning of owner-employee, with respect to any non-exempt loan of any part of the corpus or income of a plan to an owner-employee or family member (subchapter S owner, partner, or sole proprietor), to: (1) a participant or beneficiary of an individual retirement plan; or (2) an employer or association of employees which establishes such a plan. (Sec. 303) Modifies top-heavy rules. Redefines certain key employees to: (1) eliminate the ten employees each of whom earns over $30,000 per year and owns the largest interests in the employer; and (2) include an officer of the employer earning more than $150,000 per year. Provides that employer matching contributions shall be taken into account for minimum contribution requirements. Declares that aggregate distributions during the last year (or, for in-service distributions, during the past five years) shall be taken into account when determining: (1) the present value of the cumulated accrued benefit for any employee; or (2) the amount of any employee's account. Excludes from the meaning of top-heavy plan any plan which consists solely of: (1) a cash or deferred arrangement using certain alternative methods of meeting nondiscrimination requirements; and (2) matching contributions which meet certain requirements of a specified additional alternative method of satisfying nondiscrimination tests. Exempts from the minimum benefit requirement, and determination of any employee's years of service with an employer, any service with an employer occurring during a plan year when the plan benefits no current or former employee (frozen plan). Declares that, with respect to top-heavy plans, determination of constructive stock ownership by a five-percent owner shall disregard family attribution requirements. (Sec. 304) Exempts elective deferrals of employer contributions not includable in an employee's gross income from specified limitations on an employer's deductions for such contributions to an employees' trust or annuity plan and compensation under a deferred payment plan. (Sec. 305) Repeals coordination requirements for deferred compensation plans of State and local governments and tax-exempt organizations. (Sec. 306) Eliminates the user fee for requests to the Internal Revenue Service (IRS) for determination letters with respect to the qualified status of any pension plan maintained solely by one or more eligible employers or any trust which is a part of the plan. (Sec. 307) Subjects participant's compensation to specified limits on deductions for employer contributions. (Sec. 308) Establishes an option to treat employee elective deferrals as qualified plus contributions (which shall not, however, be excludable from gross income). (Sec. 309) Amends ERISA to set the Pension Benefit Guaranty Corporation (PBGC) insurance premium rate at $5 for each individual plan participant in the case of a new single-employer plan maintained by a small employer. (Sec. 310) Provides for reductions of additional PBGC premiums for new and small plans. Subtitle B: Enhancing Fairness for Women - Amends the Code to allow eligible participants age 50 or over to make additional elective deferrals (catch-up contributions) in any plan year according to a schedule of percentage increments (from ten percent to 50 percent) between 2001 and 2005 and thereafter. (Sec. 322) Increases from 25 percent to 100 percent of compensation (up to $30,000) the maximum allowable annual addition to a participant's plan account. (Sec. 323) Provides for faster vesting of certain employer matching contributions. (Sec. 324) Directs the Secretary of the Treasury (Secretary) to simplify and finalize the regulations relating to specified minimum distribution requirements, and modify them to: (1) reflect current life expectancy; and (2) revise the required distribution methods so that, under reasonable assumptions, the amount of the required minimum distribution does not decrease over a participant's life expectancy. (Sec. 325) Amends the Code to provide for distribution or payment (division of benefits) from an eligible deferred compensation plan upon divorce. (Sec. 326) Directs the Secretary to revise the hardship distribution regulations to provide that six months is the period an employee is prohibited from making elective and employee contributions in order for a distribution to be deemed necessary to satisfy financial need (safe harbor relief for hardship withdrawals from cash or deferred arrangements). Subtitle C: Increasing Portability for Participants - Amends the Code to provide for rollovers among various specified kinds of plans. Revises the requirements for tax-exempt rollovers of individual retirement accounts (IRAs) into eligible (workplace) retirement plans. (Sec. 333) Exempts from certain limitations on the amount of a tax-exempt rollover from an exempt trust: (1) any portion of a distribution transferred in a direct trustee-to-trustee transfer to a qualified trust in a defined contribution plan, which is also separately accounted for; and (2) any portion transferred to an eligible retirement plan. (Sec. 334) Provides a hardship exception to the requirement that a tax-exempt rollover be made within 60 days after distribution. (Sec. 335) Amends the Code and ERISA to revise the treatment of a plan as failing to meet minimum vesting standards if a participant's accrued benefit is decreased by amendment of the plan. Declares that a defined contribution plan shall not be treated as failing to meet such requirements merely because the transferee plan does not provide some or all of the forms of distribution previously available under another defined contribution plan in specified circumstances. (Sec. 336) Revises certain restrictions on distributions from qualified cash or deferred arrangements. Eliminates a corporation's disposition of assets or of an interest in a subsidiary as events for which lump-sum distributions are covered (while retaining termination of a plan as a covered event). Changes separation from service to severance from employment as a threshold event for the covered distribution of amounts from a qualified cash or deferred arrangement. (Sec. 337) Excludes from gross income any amount transferred to a defined benefit governmental plan in a direct trustee-to-trustee transfer if it is for: (1) purchase of a permissive service credit; or (2) a repayment of cash-outs to which certain limitations on contributions do not apply. (Sec. 338) Amends the Code and ERISA with respect to restrictions on certain mandatory distributions to allow employers to disregard rollover contributions when determining the present value of nonforfeitable accrued benefits for cash-out purposes. (Sec. 339) Amends the Code, with respect to deferred compensation plans of State and local governments and tax-exempt organizations, to repeal certain additional minimum distribution requirements. Revises requirements for inclusion of deferred compensation in a participant's gross income to limit the taxable year: (1) to the taxable year in which the compensation or income is paid to the participant in the case of a State or local government; and (2) to the taxable year in which the compensation or income is paid or otherwise made available to the participant or other beneficiary in the case of a tax-exempt organization. Subtitle D: Strengthening Pension Security and Enforcement - Amends the Code and ERISA, with respect to the full-funding limitation, to repeal the 155 percent of current liability funding limit in the case of plan years beginning in 1999 or 2000. Sets the applicable percentage of current liability at 160 percent in 2001, 165 percent in 2002, 170 percent in 2003, and nothing afterwards. (Sec. 342) Revises the special rule for an employer's maximum deductible contribution to change the minimum amount, for plans with more than 100 participants, from the unfunded current liability to the unfunded termination liability. Excludes from termination liability, for plans with under 100 participants, any liability attributable to benefit increases for highly compensated employees resulting from a plan amendment made or effective within the last two years before the termination date. (Sec. 343) Amends ERISA with respect to transfer to the PBGC of a missing participant's benefits upon termination of a single-employer plan. Requires the PBGC to prescribe for ipmultiemployer plans missing participant benefit transfer rules similar to those for single-employer plans. Authorizes the plan administrator of a pension plan not otherwise subject to ERISA to elect to transfer to the PBGC a missing participant's benefits upon plan termination. (Sec. 344) Revises the requirements for periodic pension benefits statements. (Sec. 345) Changes from mandatory to discretionary the Secretary of Labor's authority to assess civil penalties against fiduciaries or other persons. Changes the penalty amount from 20 percent of the applicable recovery amount to any amount up to 20 percent of the applicable recovery amount. Revises the meaning of applicable recovery amount. Makes a person jointly and severally liable for the penalty to the same extent that such person is jointly and severally liable for the applicable recovery amount on which the penalty is based. Conditions the assessment of any penalty upon notice to the person and the opportunity for a hearing on the violation and the applicable recovery amount. (Sec. 346) Amends the Code with respect to the excise tax on nondeductible contributions to a qualified employer plan. Allows an employer, in determining the amount of nondeductible contributions, to elect not to take into account any contributions to a defined benefit plan except to the extent they exceed the full-funding limitation. (Sec. 347) Establishes an excise tax (of $100 per applicable individual per day) on a defined benefit plan for failing to give notice to participants of any plan amendment providing for a significant reduction in the rate of future benefit accrual. (Sec. 348) Amends the Taxpayer Relief Act of 1997 with respect to certain limitations on investment in employer securities and employer real property by cash or deferred arrangements. Exempts from such limitations any elective deferral invested in assets consisting of qualifying employer securities, qualifying employer real property, or both, if such assets were acquired before January 1, 1999. (Sec. 350) Amends ERISA to require the convening of a National Summit on Retirement Income Savings at the White House in September 2009. Authorizes the Secretary of Labor to enter into a cooperative agreement with the American Savings Education Council with respect to the planning and operation of such Summit. Revises and adds to the list of required participants in the Summit. Repeals the limitation of additional Summit participants to 200. Provides for presidential appointment of over 100 participants, according to specified rules. Grants the Secretary of Labor reception and representation authority limited specifically to Summit events. (Sec. 351) Directs the Secretary of Labor to develop model language for: (1) the spousal consent required to waive the qualified joint and survivor annuity benefit or qualified preretirement survivor annuity benefit; and (2) a qualified domestic relations order with regard to alternate payees. (Sec. 352) Bars the Secretary of Labor, in certain circumstances (except when the Secretary files a complaint before final court approval of a settlement), from litigating class action or derivative action claims already resolved by a court-approved settlement agreement. Subtitle E: Reducing Regulatory Burdens - Amends the Code and ERISA, with respect to annual valuation of a plan's liability, to require actual valuation only once every three years of a plan whose assets are at least 125 percent of its current liability. Permits use of prior year valuations for any two consecutive plan years, so long as an actual valuation takes place in the third year. (Sec. 362) Amends the Code to allow the reinvestment in qualifying employer securities of any employee stock ownership plan dividend paid by a C corporation, without loss of the corporation's deduction from gross income. (Sec. 363) Amend the Tax Reform Act of 1986 to repeal the transition rule relating to certain highly compensated employees. (Sec. 364) Directs the Secretary to modify Treasury Regulations to provide that employees of tax-exempt organizations who are eligible to make contributions under a salary reduction agreement may be treated as excludable from a 401 (k) plan or 401 (m) plan if: (1) no such employee is eligible to participate in such 401(k) plan or 401(m) plan; and (2) 95 percent of other employees are eligible to participate in such a plan. (Sec. 365) Amends the Code to make a fringe benefit exclusion from gross income of any qualified retirement planning services provided to an employee and his spouse by an employer maintaining a qualified employer plan. (Sec. 366) Directs the Secretary to modify the annual return filing requirements for one-participant retirement plans (covering only the employer and spouse where the employer owns the entire business, or only one or more partners and spouses in a business partnership) to ensure that any plans with assets of $250,000 or less as of the close of the plan year need not file a return for that year. (Sec. 367) Directs the Secretary of the Treasury to continue to update and improve the Employee Plans Compliance Resolution System (or any successor program), giving special attention to certain tasks. (Sec. 368) Amends ERISA, with respect to limitations on the guarantee of single-employer plan benefits, to rename a "substantial owner" a "majority owner," who owns either the entire interest in an unincorporated trade or business, or: (1) 50 percent or more (currently more than ten percent) of either the capital interest or the profits interest in a partnership; or (2) 50 percent or more (currently more than ten percent) in value of either the voting stock of a corporation or all its stock. Revises the formula for the amount of benefits guaranteed for a majority owner of a plan which is in effect for less than 60 months when the plan terminates. Prescribes priorities for the allocation of assets to benefits when the assets available for the initial allocation are insufficient to satisfy in full the accrued benefits of all the individuals derived from their contributions. (Sec. 369) Amends the Code to repeal the restriction to situations where vouchers are not available of the exclusion from gross income of cash reimbursements as a qualified transportation fringe. (Sec. 370) Repeals the Secretary is mandate, with respect to the nondiscrimination test for matching contributions and employee contributions, to prescribe regulations to prevent the multiple use of the alternative limitation for any highly compensated employee. (Sec. 371) Directs the Secretary to provide that a plan shall be deemed to satisfy nondiscrimination requirements if it satisfies the facts and circumstances test as in effect before January 1, 1994, but only if: (1) it satisfies conditions prescribed by the Secretary to appropriately limit the availability of such test; and (2) it is submitted to the Secretary for a determination of whether it satisfies such test. Revises minimum coverage requirements to allow a plan that otherwise fails to meet such requirements to constitute a qualified plan if it meets certain requirements that were in effect immediately before enactment of the Tax Reform Act of 1986. (Such requirements stated that the plan must at least benefit employees qualifying under a classification set up by the employer and found by the Secretary not to be discriminatory in favor of employees who are officers, shareholders, or highly compensated.) Directs the Secretary to modify certain existing regulations with respect to employers operating separate lines of business to expand the ability of a pension plan to demonstrate compliance with the line of business requirements based upon the facts and circumstances surrounding the design and operation of the plan, even though the plan is unable to satisfy the mechanical tests currently used to determine compliance. (Sec. 372) Amends the Taxpayer Relief Act of 1997 to extend to international organizations the moratorium on application of certain nondiscrimination rules applicable to State and local governmental plans. (Sec. 373) Increases from 90 to 180 days certain notice and consent periods regarding distributions. Directs the Secretary to modify certain consent regulations to provide that the description of a participant's right, if any, to defer receipt of a distribution shall also describe the consequences of failing to defer such receipt. (Sec. 374) Amends ERISA to revise the requirement that a plan administrator furnish an annual report to each participant to permit the administrator to furnish such reports only upon each participant's request. (Sec. 375) Revises the definition of excess benefit plan. (Sec. 376) Directs the Secretary of Labor to modify a certain regulation to provide that, except in the case of employment, after commencement of benefit payments, with a former employer, any required benefit suspension notice: (1) may be included in the summary plan description rather than in a separate notice; and (2) need not include a copy of the relevant plan provisions. (Sec. 377) Declares that, for purposes of determining the status under State insurance law of a church plan that is a welfare plan, such church plan (and any trust under it) shall be deemed a single-employer plan that: (1) reimburses costs from general church assets; (2) purchases insurance coverage with general church assets; or (3) both. Defines the term "reimbursing costs from general church assets" to mean engaging in a practice that does not have the effect of transferring or spreading risk. Subtitle F: Plan Amendments - Presribes application requirements for plan or contract amendments. Title IV: Extension of Work Opportunity Credit and Welfare-to-Work Credit - Amends the Code to extend from June 30, 1999, through December 31, 2001, the employer's work opportunity credit and welfare-to-work credit. (Sec. 401) Revises the exclusion from the work opportunity credit of wages paid to an employer's nonqualifying rehires to repeal the restriction of such exclusion to individuals previously employed by the employer at any time during which the individual was not a member of a targeted group (thus extending such exclusion to any individuals previously employed by the employer, regardless of whether they were or were not members of a targeted group.) Title V: Estate Tax Relief - Subtitle A: Reductions of Estate and Gift Tax Rates - Amends the Code to repeal the two highest estate tax brackets and replace them with a top bracket of "Over $2,500,000", for which the estate tax rate shall be $1,025,800, plus 50% of the excess over $2,500,000. Repeals the phase out of graduated rates and the unified credit. Requires additional reductions in estate and gift tax rates of one percent for calendar year 2003 and two percent for calendar year 2004 and thereafter. Subtitle B: Unified Credit Replaced With Unified Exemption Amount - Repeals the unified credits against the estate and gift taxes, and replaces them with a unified exemption amount, determined by specified formulae involving amounts ranging from $675,000 in calendar 2001 up to $1 million in calendar 2006 and thereafter. Grants a $60,000 exemption to the estate of a nonresident, non-U.S. citizen, with specified variations for residents of U.S. possessions. Subtitle C: Modifications of Generation-skipping Transfer Tax - Declares that, if any individual makes an indirect skip during such individual's lifetime, any unused portion of such individual's generation-skipping transfer (GST) exemption shall be allocated to the property transferred to the extent necessary to make the inclusion ratio for such property zero. Requires allocation to the property transferred of the entire unused portion if the amount of the indirect skip exceeds such unused portion. (Sec. 522) Declares that, if a trust is severed in a qualified severance, the trusts resulting from such severance shall be treated as separate trusts thereafter. (Sec. 523) Revises valuation rules for gifts for which a gift tax return was filed or deemed allocation made. Provides that, if an allocation of the GST exemption to any transfers of property is deemed to have been made at the close of an estate tax inclusion period, the value of the property shall be its value at such time. (Sec. 524) Directs the Secretary to prescribe circumstances and procedures under which extensions of time will be granted to make an allocation of GST exemption or an election not to apply specified allocation requirements to certain lifetime direct skips, indirect skips, or transfers to a particular trust. Subtitle D: Conservation Easements - Redefines land subject to a qualified conservation easement to mean land, on the decedent's date of death, located in or within: (1) 50 miles (currently, 25 miles) of a metropolitan area; (2) 50 miles (currently, 25 miles) of a national park or wilderness area.; or (3) 25 miles (currently, ten miles) of an Urban National Forest. Title VI: Tax Relief for Distressed Communities and Industries - Subtitle A: American Community Renewal Act of 1999 - American Community Renewal Act of 1999 - Title I: Designation of and Tax Incentives for Renewal Communities - Amends the Internal Revenue Code to authorize the Secretary of Housing and Urban Development to designate (upon local or State nomination) up to 15 renewal communities, of which at least three shall be in rural areas. (Sec. 602) Requires for nomination purposes that: (1) the area be experiencing high rates of poverty and unemployment and general distress; and (2) State and local governments enter into written contracts with community organizations to promote specified economic growth and employment activities. Excludes from gross income capital gains on the sale or exchange of a qualified community asset (stock, business property, or partnership interest) held for more than five years. Allows a specified deduction for amounts paid into a family development account on behalf of an individual or another qualified individual who is a renewal community resident. Excludes from gross income account distributions used for qualified family development expenses (postsecondary education, first-home purchase, business capitalization, medical, and rollovers). Provides a penalty (with exceptions) in addition to inclusion as gross income for nonqualifying distributions. Authorizes: (1) designation of earned income tax credit payments for family development account deposit; (2) a commercial building revitalization tax deduction; (3) increased first year expensing for renewal community businesses; (4) extension of environmental remediation cost expensing and the work opportunity credit for renewal communities; and (5) similar tax treatment of renewal communities and enterprise zones for specified youth residence requirements. (Sec. 605) Permits a deduction for contributions to a family development account whether or not a taxpayer itemizes. Makes conforming amendments to provisions respecting: (1) tax on excess contributions and prohibited transactions; (2) trust and annuity information; (3) tax exemption applications; and (4) the commercial revitalization credit. Subtitle B: Timber Incentives - Amends the Code, with respect to the deductible amortization of reforestation expenditures, to increase the limitation on the aggregate amount of amortizable basis acquired during the taxable year from $10,000 to $25,000 (and from $5,000 to $12,5000 in the case of a separate return by a married individual) but suspends the application of such limitation between December 31, 1999 and January 1, 2004. Title VII: Real Estate Provisions - Subtitle A: Improvements in Low-Income Housing Credit - Amends the Code, with respect to the low-income housing credit, to revise the formula for the State housing credit ceiling. Replaces the set multiplicand of $1.25 (to be multiplied by the State population) with a graduated applicable multiplicand rising from $1.35 for calendar year 2000 to $1.75 for calendar year 2004 and thereafter, and a maximum product of $2 million. Provides for cost-of-living adjustments to the State ceiling. (Sec. 702) Revises the housing priority selection criteria a housing credit agency must use to develop a qualified plan for allocating housing credit dollar amounts among projects. Requires such criteria to include: (1) whether the project would use exisitng housing as part of a community revitalization plan; (2) tenant populations of individuals with children; and (3) projects intended for eventual tenant ownership. Drops from such criteria participation of local tax-exempt organizations. Requires a qualified allocation plan to: (1) give preference in making allocations to projects located in qualified census tracts whose development contributes to a concerted community revitalization plan; and (2) provide a procedure for agency monitoring for noncompliance with habitability standards through regular site visits. (Sec. 703) Requires housing credit agencies to: (1) provide for a comprehensive market study (by a disinterested party, at the developer's expense) of the housing needs of low-income individuals in the area to be served by the project before the credit allocation is made; and (2) make public a written explanation for any allocation of a housing credit dollar amount not made in accordance with the agency's established priorities and selection criteria. (Sec. 704) Revises special rules for the determination of the adjusted basis of buildings eligible for the low-income housing credit. Requires adjusted basis to include property used throughout the taxable year in providing any community service facility designed to serve primarily individuals (even if they are not tenants) whose income is 60 percent or less of area median income. Declares that assistance under the Native American Housing Assistance and Self-Determination Act of 1996 shall be disregarded in determining whether a building is federally subsidized for purposes of the low-income housing credit. (Sec. 705) Revises the definition of a qualified building (placed in service not later than the second calendar year following a housing credit dollar amount allocation) with respect to which the amount of a low-income housing credit may exceed the credit amount allocated to the building. Sets an alternative date for valuation of the taxpayer's actual basis in the project of which the building is a part (where the actual basis is more than ten percent of the taxpayer's reasonably expected basis). Allows the valuation of the actual basis to be as of the later of the date which is six months after the date that the allocation was made or (as currently) the close of the calendar year in which the allocation is made. Revises the formula for determination of the amount of State housing credit ceiling returned in a calendar year to include the dollar amount previously allocated to a project which fails to meet the ten percent test on a date after the close of the calendar year in which the allocation was made. Revises special rules for the increased basis of a building located in certain high cost areas to redefine a qualified census tract to include, as an alternative to existing criteria, a tract with a poverty rate of at least 25 percent. (Sec. 706) Revises the formula for determining unused housing credit carryovers allocated among certain States. Subtitle B: Provisions Relating to Real Estate Investment Trusts - Amends the Code with respect the real estate investment trusts (REITs). Modifies the asset diversification test for a REIT to disregard in calculating the permissible 25 percent of total assets represented by securities any straight debt meeting specified requirements. (Sec. 712) Excludes from impermissible tenant service income (thus including as rents from real property meeting the requirements of a REIT) any amount received or accrued by the REIT for services furnished or rendered, or management or operation provided, through a taxable REIT subsidiary. Sets forth a special rule including in rents from real property, if specified rental and lodging facility requirements are met, any amounts paid to a REIT by a taxable REIT subsidiary. (Sec. 713) Defines taxable REIT subsidiary. (Sec. 714) Disqualifies for the corporate deduction for interest on indebtedness any interest paid or accrued (directly or indirectly) by a taxable REIT subsidiary to the REIT (earnings stripping). (Sec. 715) Imposes on a REIT a tax equal to 100 percent of redetermined rents, redetermined deductions, and excess interest. (Sec. 721) Sets forth a special foreclosure rule for health care properties acquired by a REIT as the result of the termination of a lease of such property (other than a termination by reason of a default, or the imminence of a default, on the lease). Requires disregard of income derived or received by a REIT from an independent contractor to the extent it is attributable to: (1) any lease of property in effect on the date the REIT acquired the qualified health care property; or (2) any lease of property entered into after such date if a lease of such property from the trust was in effect on such date, and under the terms of the new lease, the REIT receives a substantially similar or lesser benefit in comparison to the first kind of lease. (Sec. 731) Reduces from 95 percent to 90 percent of REIT income and of the excess of the net income from foreclosure property over the tax on foreclosure property specified components of the formula for determination of the amount of dividend deductions which help establish the taxability of REIT income. Reduces from 95 percent to 90 percent of REIT gross income a specified component of the formula for determining the amount of tax imposed on a REIT for failure to meet certain requirements. (Sec. 741) Requires that only persons who own, directly or indirectly, more than five percent of a certain class of stock regularly traded on an established securities market be taken into account as owning any of the stock of such class for purposes of the 35-percent ownership rule determining whether a person is (under 35-percent ownership) or is not (over 35-percent ownership) an independent contractor for purposes of determining rents from real property, and of the special rules for foreclosure property, with respect to REIT taxation. (Sec. 751) Declares that any distribution by a regulated investment company (RIC) made in order to comply with certain tax requirements shall be treated as made from the earliest earnings and profits accumulated in any taxable year to which certain other requirements did not apply (non-RIC year) rather than the most recently accumulated earnings and profits. Subtitle C: Private Activity Bond Volume Cap - Provides for an accelerated phase-in of specified increases in the volume cap on private activity bonds. Subtitle D: Exclusion From Gross Income for Certain Forgiven Mortgage Obligations - Excludes from gross income the discharge of qualified residential indebtedness, that is, the excess (if any) of the outstanding principal amount of such indebtedness (immediately before discharge), over the sum of any sales proceeds and any other outstanding principal indebtedness secured by such property. Title VIII: Miscellaneous Provisions - Amends the Code with respect to the credit for expenditures to provide access to disabled individuals to include in such credit 50 percent of so much of the eligible bus access expenditures for the taxable year with respect to each eligible bus as exceed $250 but do not exceed $30,250. (Sec. 802) Excludes from an employee's gross income as a scholarship up to $2,000 per taxable year of certain educational benefits provided by an employer to the employee's child. (Sec. 803) Allows a tax credit for 20 percent (up to $20,000) of the qualified wages paid or incurred to each qualified employee during the calendar year (ending with or within the taxable year) by each qualified U.S. independent film and television production.
Bill· HRH.R. 3075 (106th)referred
United States · United States Congress · 14 October 1999
Medicare Balanced Budget Refinement Act of 1999 - Title I: Provisions Relating to Part A - Subtitle A: PPS Hospitals - Amends SSA title XVIII part D (Miscellaneous), as amended by the Balanced Budget Act of 1997 (BBA '97), to provide for a one-year delay in the transition of the indirect teaching adjustment factor (under the prospective payment system (PPS) for hospital outpatient department (OPD) services) to its permanent value on or after October 1, 2001 (currently, on or after October 1, 2000) used in determining an additional payment amount for certain hospitals with indirect costs of medical education. Subtitle B: PPS Exempt Hospitals - Amends SSA title XVIII part D to: (1) limit the target amount for described hospitals that are exempt from PPS payment; and (2) direct the Secretary to provide for an appropriate wage adjustment with regard to such hospitals. (Sec. 112) Provides for increased target amounts in computing payments for long-term care and psychiatric hospitals until development of a PPS for those hospitals. (Sec. 113) Directs the Secretary to develop, implement, and report to Congress on: (1) a per discharge PPS for payment for inpatient hospital services of Medicare long-term care hospitals; and (2) develop a per diem PPS for payment for inpatient hospital services of Medicare psychiatric hospitals. Subtitle C: Adjustments to PPS Payments for Skilled Nursing Facilities - Directs the Secretary, for purposes of computing prospective payments for covered skilled nursing facilities (SNFs), to temporarily increase payments for covered skilled nursing facility services for certain high cost patients. (Sec. 122) Amends SSA title XVIII part D to revise provisions on payment to hospitals for inpatient hospital services to: (1) increase for FY 2001 the SNF unadjusted federal per diem rate; (2) permit a SNF to waive a three year transition period and elect to have the amount of payment for all covered facility costs determined pursuant to the adjusted Federal per diem rate applicable to it; (3) exclude certain additional items and services from being covered facility items and services (thus providing for Medicare part A (Hospital Insurance) pass-through payment for such items and services, including certain ambulance services and chemotherapy items) while ensuring budget neutrality for FY 2001; (4) apply to facilities participating in the Nursing Home Case-Mix and Quality Demonstration Project requirements for determining base payments on a per diem basis; and (5) modify requirements for the first cost reporting period update that is used in determining facility specific per diem rates. Title II: Provisions Relating to Part B - Subtitle A: Adjustments to Physician Payment Updates - Amends SSA title XVIII part B (Supplementary Medical Insurance) to modify provisions on: (1) payment for physicians' services with regard to updates to provide for new guidelines for determining updates for years beginning with 2000; and (2) sustainable growth rate with regard to publication and with regard to the data to be used in determining such updates. Subtitle B: Hospital Outpatient Services - Amends SSA title XVIII part B to revise requirements for the PPS for hospital OPD services to: (1) require the Secretary to provide for a specified outlier adjustment for covered OPD services, as well as transitional pass-through payments for additional costs of "innovative" medical devices, drugs, and biologicals, while ensuring budget neutrality; (3) include medical devices as covered OPD services; (4) allow the Secretary to elect to establish relative payment weights based on mean hospital costs for covered OPD services; (5) limit, generally, the variation of costs of covered OPD services classified within a group for purposes of comparable treatment with respect to the use of resources; (6) change the Secretary's optional periodic review of PPS components to a mandatory annual review; and (7) establish a transitional adjustment in the amount of PPS payment for covered OPD services to limit declining payments under Medicare for such services. Subtitle C: Other - Amends SSA title XVIII to provide for: (1) application of separate currently existing caps for speech-language pathology and for other outpatient physical therapy services on a per beneficiary, per facility basis; (2) optional, limited exemption of certain therapy services facilities from any applicable caps for 2000 and 2001; (3) mandatory annual increases in end stage renal disease dialysis composite rate payment amounts; and (4) revised annual covered item updates for 2001 and 2002 for certain durable medical equipment. Title III: Provisions Relating to Parts A and B - Subtitle A: Home Health Services - Provides, in the case of a home health agency that furnishes home health services to a Medicare beneficiary, that for each beneficiary furnished such services during the agency's cost reporting period beginning in FY 2000, the Secretary shall, in accordance with specified restrictions, pay the agency a specified amount out of the Medicare trust funds in addition to any other amount of payment to defray agency costs attributable to data collection and reporting requirements under the Outcome and Assessment Information (OASIS) required under BBA '97. (Sec. 302) Amends BBA '97 and Medicare with regard to the PPS for home health services to delay for one year the application of the 15 percent reduction in payment rates for home health services. Subtitle B: Direct Graduate Medical Education - Amends SSA title XVIII to provide for the use of national average per resident payment system in computing payments for direct graduate medical education (DGME) costs. Title IV: Rural Provider Provisions - Amends SSA title XVIII to permit the reclassification of certain urban hospitals as rural ones. (Sec. 402) Ties the standards applied for geographic reclassification of certain rural hospitals to the most recently available census data. (Sec. 403) Revises the critical access hospital program, permitting for-profit hospitals to qualify for designation as a critical access hospital. Provides for an all-inclusive payment option for outpatient critical access hospital services. Eliminates coinsurance payments for clinical diagnostic laboratory tests furnished by a critical access hospital on an outpatient basis. Allows certain currently excluded hospitals to be providers of extended care services. (Sec. 404) Extends for five years the Medicare-dependent, small rural hospital program. (Sec. 405) Mandates rebasing for certain sole community hospitals that elect such treatment, in accordance with specified guidelines with respect to select fiscal year discharges. (Sec. 406) Revises provisions on payments for direct and indirect graduate medical education costs to expand current graduate medical education training programs for hospitals located in rural areas, and to encourage the training of physicians in underserved rural areas. (Sec. 407) Eliminates the requirement for State certification of need and certain restrictions on a hospital with more than 49 beds that provides extended care services. (Sec. 408) Authorizes the Secretary to award grants to assist eligible small rural hospitals in meeting the costs of implementing data systems required to meet Medicare requirements established by BBA '97. (Sec. 409) Directs the Medicare Payment Advisory Commission (MEDPAC) to study and report to Congress on rural providers under Medicare. Title V: Provisions Relating to Part C (Medicare+Choice Program) - Subtitle A: Medicare+Choice - Amends SSA title XVIII part C (Medicare+Choice) and D (Miscellaneous) to provide for: (1) phased-in new risk adjustment methodology under provisions for payments to Medicare+Choice organizations; (2) increased monthly payments under such provisions for a limited period to encourage the offering of Medicare+Choice plans in certain areas where such a plan has either not been offered or is offered but slated for termination; (3) modification of the five-year reentry rule for Medicare+Choice organizations whose contracts have been terminated; (4) continued annual computation and publication of county-specific per capita fee-for-service expenditure information; (5) enrollment in alternative Medicare+Choice plans and Medicare supplemental health insurance policy (Medigap) coverage in case of involuntary termination of Medicare+Choice enrollment; (6) authorized variation in premium values within a service area if the annual Medicare+Choice capitation rates vary within the area; (7) a delayed deadline for submission of adjusted community rates and related information; (8) extension of Medicare reasonable cost reimbursement contracts under provisions for payments to health maintenance organizations (HMOs) and competitive medical plans; and (9) permission for religious fraternal benefit societies to offer a range of Medicare+Choice plans. (Sec. 510) Directs MEDPAC to report to Congress on specific legislative changes that should be made to make Medicare medical savings account plans a viable option under the Medicare+Choice program. Subtitle B: Social Health Maintenance Organizations (SHMOs) - Amends the Omnibus Budget Reconciliation Act of 1987 to: (1) extend social health maintenance organization (SHMO) demonstration project authority; and (2) replace the current limit on the number of individuals who may participate in a SHMO I or II project site with an aggregate limit for all sites.
Bill· HRH.R. 3085 (106th)referred
United States · United States Congress · 14 October 1999
Discretionary Spending Offsets Act for Fiscal Year 2000 - Title I: Offsets for Discretionary Spending - Subtitle A: Agriculture - Part I: Food Safety Inspection and Enforcement Fees - Amends the Poultry Products Inspection Act to direct the Secretary of Agriculture to charge, with specified exceptions, user fees for poultry and poultry products inspection and related activities. (Currently inspection costs are federally paid, except for overtime and holiday work performed at poultry establishments.) (Sec. 111) Revises authorization of appropriation provisions to cover only the Safe Meat and Poultry Inspection Panel and Federal-State cooperative activities. Includes fee setting activities within annual reporting requirements. (Sec. 112) Amends the Federal Meat Inspection Act to direct the Secretary to charge, with specified exceptions, user fees for meat, meat products, and livestock inspection and related activities. Revises authorization of appropriations provisions to cover only the Safe Meat and Poultry Inspection Panel and Federal-State cooperative activities. Amends the Wholesome Meat Act to include fee setting activities within annual reporting requirements. (Sec. 113) Amends the Egg Products Inspection Act to direct the Secretary to charge, with specified exceptions, user fees for egg products inspection and related activities. (Currently inspection costs are federally paid, except for overtime and holiday work performed at official plants.) Removes such activities from covered authorizations of appropriations. Amends the Egg Products Inspection Act to include fee setting activities within annual reporting requirements. (Sec. 114) Makes conforming payment-related amendments to specified Acts. Part II: Assessments Under Tobacco Program - Amends the Agricultural Act of 1949 to require (if price supports are in effect) producer, purchaser, and importer tobacco marketing assessments beginning with the 1999 crop year. Sets forth assessment provisions with respect to: (1) allocations between domestic producers and purchasers of domestically produced tobacco; and (2) required annual collections. Part III: Animal and Plant Health Inspection Service Cost-Share Fees - Amends the Federal Plant Pest Act to direct the Secretary to charge, with specified exceptions, user fees for biotechnology-related services. (Sec. 132) Amends the Plant Quarantine Act to direct the Secretary to charge, with specified exceptions, user fees for biotechnology-related services. (Sec. 133) Amends the Animal Welfare Act to direct the Secretary to charge, with specified exceptions for registration and licensing, user fees for registration services. Eliminates quarterly authorization of appropriation caps, and excludes user fee-covered activities from such authorization of appropriations. Part IV: Grain Inspection, Packers, and Stockyard Administration Licensing Fee - Amends the United States Grain Standards Act to state that grain standardization fees shall be collected from persons benefitting from such services, including first purchasers, processors, and grain warehousemen. (Sec. 142) Amends the Packers and Stockyards Act, 1921 to establish license and fee requirements for packers, live poultry dealers, stockyard owners, dealers, and market agencies. Part V: Forest Service Fees - Amends the National Forest Management Act of 1976 to direct the Secretary to implement a timber sale preparation user fee pilot program. (Sec. 152) Requires rental fees for commercial filming on National Forestry System lands to be deposited into a special Treasury fund. Authorizes such fund's use for administration and management of special uses on System lands. (Sec. 153) Amends the National Forest Management Act of 1976 to direct the Secretary to charge fair market value user fees for special products (vegetation or other life forms growing on System lands) collected on System lands. (Sec. 154) Amends the Granger-Thye Act to direct the Secretary to: (1) implement a public-private venture demonstration program to evaluate the feasibility of using non-Federal funds to construct, rehabilitate, and operate federally owned visitor facilities on System lands, and to conduct related environmental analyses; and (2) charge concession fees. Authorizes the Secretary to sell existing System facilities to authorized concessionaires. Provides for the allocation of concession fees and facility sales proceeds on a unit and agency-wide basis. (Sec. 155) Directs the Secretary to charge fair market value user fees for non-ski recreation concessions on System lands and waters. Subtitle B: Commerce - Part I: National Oceanic and Atmospheric Administration Navigation Services Fees - Requires the Secretary of Commerce to establish and adjust user fees for any navigation services provided to commercial marine operators. (Sec. 211) Authorizes a limited amount of offsetting collections from such fees to be appropriated for expenses associated with providing such services. Part II: National Oceanic and Atmospheric Administration Fisheries Management Fees - Directs the Secretary to establish and adjust user fees associated with the U.S. fishing industry. (Sec. 221) Authorizes a limited amount of offsetting collections from such fees to be appropriated for management and enforcement costs associated with domestic fisheries. Part III: Analog Television Service Signal Lease Fee - Amends the Communications Act of 1934 to authorize the Federal Communications Commission to assess and collect lease fees for each fiscal year for the use of an analog television service license by commercial television broadcasters. Requires such fees to be used for upgrading Federal, State, and local public safety wireless communications equipment and facilities. Apportions such fees based upon the population covered by a broadcaster's signal. (Sec. 231) Requires collected fees to be deposited as offsetting receipts in the Treasury and authorizes them to be appropriated. Waives, reduces, or defers fees in any specific instance where such action would promote the public interest. Provides for a penalty of 25 percent of the fee amount for late payment. Subtitle C: Education and Labor - Part I: National Directory of New Hires - Amends the Higher Education Act of 1965 (HEA) to provide for data matching with respect to individual cases of defaulted loans and obligations to refund overpayments of grants under title IV (Student Assistance). (Sec. 311) Directs the Secretary of Education (the Secretary for this subtitle) to match such data, through the Secretary of Health and Human Services (HHS), with that in the National Directory of New Hires (NDNH) established under the Social Security Act. Allows the Secretary to seek such information only as necessary to improve such debt collection. Authorizes the Secretary to use such information to: (1) collect such debt owed by individuals whose annualized wage level exceeds $16,000; and (2) conduct analyses of student loan defaults, after removal of personal identifiers. Allows data disclosure only to a guaranty agency holding the loan obligation, a contractor or agent of such agency or of the Secretary, and the Attorney General. Directs the Secretary to reimburse HHS for additional costs involved in such data matching. Authorizes the Secretary to impose fees on guaranty agencies for reasonable costs of obtaining such information. Amends the Social Security Act to direct the Secretary of HHS to exercise such NDNH data matching and disclosure authority in cooperation with that of the Secretary under HEA. Revises the Child Support Performance and Incentive Act of 1998 to make certain penalties for misuse of information applicable to all persons. Part II: Recall of Federal Reserves Held by Guaranty Agencies - Amends HEA title IV to direct the Secretary to recall from the Federal Student Loan Reserve Funds held by guaranty agencies specified minimum amounts in each of FY 2000 through 2004, for deposit in the Treasury. (Sec. 321) Eliminates provisions for guaranty agreements for reimbursing losses. Replaces such provisions with ones for guaranty agreements for paying lenders for default claims. Exempts nonprofit guaranty agencies from the requirements of Fair Debt Collection Practices Act to the extent that they are carrying out due diligence activities required by the Secretary. Authorizes the Secretary to enter into voluntary, flexible agreements with any guaranty agency that had one or more prior agreements with the Secretary. Part III: Employer Tax Credit User Fees - Amends the Internal Revenue Code to establish Work Opportunity Credit (WOC) and Welfare-to-Work Credit (WWC) user fees. (Sec. 331) Authorizes the Secretary of Labor to impose such fees on employers submitting applications for certification of individuals as members of target groups (for WOC) and categories of long-term family assistance recipients (for WWC). Prohibits such fees from being paid, directly or indirectly, by the individual who is the subject of the certification. Bases the amount of such fees on an estimate of what is needed to fully fund administrative costs relating to such certification. Requires a fee for employers with fewer than 100 employees lower than that for employers with 100 or more. Requires such fees to be: (1) collected by designated local agencies; (2) deposited as offsetting receipts in the State Unemployment Insurance and Employment Service Operations account of the Treasury; and (3) available to pay administrative costs relating to such certification. Directs the Secretary of Labor to allocate such funds among the States based on their relative workload in processing the certifications. Makes such fees available for obligation only to the extent and in the amount provided in advance in appropriations acts. Authorizes the fees to be appropriated to remain available until expended. Subtitle D: Natural Resource, Energy, and Environment - Part I: Nuclear Regulatory Commission User Fees and Annual Charges - Amends the Omnibus Budget Reconciliation Act of 1990 to extend the last assessment of certain Nuclear Regulatory Commission annual charges through FY 2004. Part II: Federal Insecticide, Fungicide, and Rodenticide Act Fees - Amends the Federal Insecticide, Fungicide, and Rodenticide Act to authorize the Administrator of the Environmental Protection Agency to assess fees from applicants for pesticide registrations, amendments to registrations, and experimental use permits effective October 1, 1999. (Sec. 421) Permits fee reductions or waivers: (1) in connection with applications for an active ingredient that is contained only in pesticides for which registration is sought solely for agricultural or nonagricultural minor uses; or (2) in other instances determined to be in the public interest. Provides for deposit of such fees in a special fund for environmental services in the Treasury. Authorizes such fees to be appropriated to carry out activities for which the fees were collected. Part III: Toxic Substances Control Act Fees - Amends the Toxic Substances Control Act to revise provisions regarding fees from persons required to submit data under such Act to remove an upper limit on the amount that may be collected. (Sec. 431) Provides for deposit of such fees in a special fund for environmental services in the Treasury. Authorizes such fees to be appropriated to carry out activities for which the fees were collected. Subtitle E: Revenue - Part I: Reinstate Superfund Taxes - Amends the Internal Revenue Code to extend the environmental tax to taxable years beginning after December 31, 1998, and before January 1, 2010. (Sec. 511) Applies the Hazardous Substance Superfund financing rate after the date of this Act's enactment and before October 1, 2009. Part II: Tobacco Excise Taxes - Increases the excise taxes on tobacco products. (Sec. 522) Exempts, during 1999, from the requirement to deposit taxes persons required to make deposits with respect to alcohol and tobacco products. Part III: Customs Access Fee - Amends the Consolidated Omnibus Budget Reconciliation Act of 1985, with respect to customs fees, to direct the Secretary of the Treasury to charge and collect for the provision of customs services (in addition to the current fees) a fee for the use of any automated system of the Customs Service for processing commercial operations based on the volume of usage of the system. Requires publication of the fee. Exempts Federal agencies from such fee. Requires the issuance of bills on a monthly basis for such fee. Part IV: Customs Air and Sea Passenger Processing Fee Amendments - Increases the $5.00 passenger arrival fee to $6.40 and declares certain exemptions (which include Mexico, Canada, and U.S. territories and possessions) from such fees inapplicable. Part V: Harbor Services User Fee - Directs the Secretary of the Army to impose specified fees on the owners or operators of commercial vessels for services provided for the use of ports. Sets forth exemptions. (Sec. 552) Establishes a United States Harbor Services Fund into which the section 551 fees shall be deposited. Authorizes Fund expenditures for harbor development, operations, and maintenance costs. Subtitle F: Human Services - Part I: Social Security Administration Claimant Representative Fees - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to direct the Commissioner of the Social Security Administration to impose on attorneys owed a fee from a claimant's past-due benefits an assessment, determined according to a specified formula, for crediting to the OASDI trust funds. Authorizes appropriations. Part II: Temporary Assistance For Needy Families Amendments -Amends part A (Temporary Assistance for Needy Families) (TANF) of SSA title IV to limit the amount of the FY 2000 State TANF supplemental grant for population increases in certain States to the amount of such grant for FY 1999. Part III: Temporary Assistance For Needy Families Contingency Fund - Amends SSA title IV part A with respect to the Contingency Fund for State Welfare Programs to provide for: (1) removal of the limit on the amount of deposits into the Contingency Fund; (2) State flexibility for Contingency Fund grants; and (3) revision of annual reconciliation requirements, in particular repealing the adjustment of State remittances for FY 2000 and 2001 that was enacted in the Adoption and Safe Families Act of 1997. Subtitle G: Health Care - Part I: Medicare Savers - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for: (1) a reduction in the clinical diagnostic laboratory test cap from 74 to 72 percent; (2) establishment of a national limit on payment for prosthetics and for orthotics; (3) a reduction in Medicare payment for hospital bad debts and extension of such bad debt payment limitation to other relevant facilities and services providers; (4) a freeze, for FY 2000, in the applicable percentage increase used in determining Medicare payment to hospitals for inpatient hospital services; (5) a payment amount under Medicare part B (Supplementary Medical Insurance) for a covered drug or biological not payable on a cost or prospective payment basis that is set at 83 percent of the average wholesale price for 2000 and each subsequent year; (6) reduced payment for erythropoietin provided during 2000 under Medicare coverage of certain items and services for end stage renal disease patients; (7) a prohibition on the furnishing of partial hospitalization services in residential services; (8) additional specified requirements for community mental health centers; (9) information requirements pertaining to group health plans under Medicare secondary payer provisions; and (10) Centers of Excellence for furnishing services related to surgical procedures and for furnishing other unrelated services as appropriate to hospital inpatients. (Sec. 714) Amends the Omnibus Budget Reconciliation Act of 1987 to repeal the moratorium on bad debt policy with respect to Medicare hospital services. (Sec. 719A) Provides that not more than $1.1 million of the savings for FY 2000 resulting from enactment of this part may be treated as negative discretionary budget authority and outlays for such fiscal year. Part II: Food and Drug Administration User Fees - Subpart A: Medical Device Fees - Medical Device Fee Act of 1999 - Amends the Federal Food, Drug, and Cosmetic Act to: (1) direct the Secretary of Health and Human Services to assess and collect various specified medical device application and supplement, establishment registration, and periodic premarket application report fees (except from small businesses) to be used for the review of device applications; (2) authorize appropriations; and (3) treat certain unpaid fees as a Federal claim for collection purposes. Subpart B: Fees to Support Costs of Review of Food and Color Additive Petitions - Food and Color Additive Petition Fee Act of 1999 - Amends the Federal Food, Drug, and Cosmetic Act to: (1) set forth provisions analogous to those under Subpart A with respect to food and color additive petition and producer registration fees; (2) require registration of food ingredient and color additive producers; and (3) make miscellaneous amendments relating to the food and color additive petition review process, including allowing access to outside experts during the review process. Subpart C: Food Contact Substance Notification Fees - Food Contact Substance Notification Fee Act of 1999 - Amends the Federal Food, Drug, and Cosmetic Act to: (1) set forth provisions analogous to those under Subpart A with respect to food contact substance notification fees; and (2) make a miscellaneous amendment relating to the food contact substance notification process. Part III: Health Care Financing Administration User Fees - Amends SSA title XVIII to: (1) revise the limitation on the amount of fees the Secretary may collect from a Medicare+Choice organization with a contract under SSA title XVIII part C (Medicare+Choice) for enrollment-related costs; (2) direct the Secretary to impose fees for initial Medicare+Choice contract issuance and for renewal of such contracts and ongoing monitoring of Medicare+Choice organization operations; (3) exempt from such mandate entities subject to the requirements of the Clinical Laboratory Improvement Amendments of 1988; (4) modify provisions on the use of State agencies to determine compliance by service providers with conditions of participation with regard to State agreements; (5) add registration procedures and fees provisions under provisions on agreements with providers of services under Medicare; and (6) subject certain claims under Medicare part A (Hospital Insurance) and B to a specified processing fee for transfer to the Health Care Financing Administration Program Management Account. (Sec. 737) Amends the Balanced Budget Act of 1997 to repeal provisions on selection of regional laboratory carriers. Subtitle H: Transportation - Part 1: Federal Aviation Administration Cost-Based User Fees - Amends Federal aviation law to require the Federal Aviation Administration (FAA) Administrator to establish a schedule of new fees (until a permanent schedule is adopted) for the provision of air traffic control services to an air carrier, a commercial air carrier (for compensation or hire), or a foreign air carrier. Provides for the reduction of aviation excise taxes to be credited to the Airport and Airway Trust Fund if such taxes and receipts from fees exceed for FY 2000 the FAA budgetary requirements for FY 2001. (Sec. 811) Provides for the adjustment of certain aviation excise taxes credited to the Trust Fund. Part II: Coast Guard Vessel Navigation Assistance Fee - Amends Federal shipping law to authorize the Secretary of the department in which the Coast Guard is operating to establish annual fees to recover a portion of the costs of navigation services provided by the Coast Guard to commercial vessels. Authorizes appropriations to the Secretary out of the collection of such fees. Part III: Hazardous Materials Transportation Safety Fees - Amends Federal transportation law to change from discretionary to mandatory the Secretary of Transportation's authority to impose a fee on persons who are required to file a registration statement for the transport of hazardous material in order to pay for the costs of processing such statements. Makes the annual fee to be paid by each person required to file a registration statement a flat $500 (currently, at least $250 but no more than $5,000). Requires the Secretary of Transportation to publish a fee schedule at the beginning of each fiscal year. Declares that registration requirements shall not apply to Indian tribes. Part IV: Commercial Accident Investigation Fees - Authorizes the U.S. Government to collect a fee for service to offset, on an annual basis, the costs of investigation by the National Transportation Safety Board (NTSB) of commercial transportation accidents involving air, ocean, and rail carriers. Part V: Surface Transportation Board User Fees - Authorizes appropriations for the Surface Transportation Board, to be derived from fees collected during the fiscal year. Authorizes the Board to assess and collect user fees and annual charges in each fiscal year equal to its costs for such year. Part VI: Rail Safety User Fees - Changes from mandatory to discretionary the authority of the Secretary of Transportation to impose fees on railroad carriers to cover the costs to promote rail safety and Federal Railroad Administration activities related to hazardous material transportation safety. Title II: Budget Provisions - Requires the Director of the Office of Management and Budget, upon enactment of this Act, to: (1) reduce any balances of direct spending and receipts legislation for FY 2000 to zero under pay-as-you-go enforcement provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act); and (2) treat the amount of any balances so reduced as negative discretionary budget authority and outlays for FY 2000 under discretionary spending limit enforcement provisions of such Act.
Bill· HRH.R. 3086 (106th)referred
United States · United States Congress · 14 October 1999
Medicare Benefit Equity and Emergency Access to Prescription Drugs Act of 1999 - Directs the Secretary of Health and Human Services to: (1) establish clinical profiles of the practice and payment patterns of health care providers furnishing items and services under title XVIII (Medicare) of the Social Security Act in order to determine how their practice and payment patterns compare to each other on a local, State, and national basis; (2) establish a method for disseminating summary information to the public on such clinical profiles; and (3) reduce annually overpayments to providers by five percent of the overpayment amount. Authorizes the Secretary, for items and services furnished on or after January 1, 2003, to adjust the amount of the payments made under Medicare to such health care providers in order to encourage their provision of services in a medically appropriate manner and to discourage significant deviations in underservice or overservice from generally accepted norms of medical practice. Amends Medicare part C (Medicare+Choice) to provide for adjustment in Medicare+Choice payment rates to overpaid counties. Provides that for a contract year consisting of a calendar year beginning on or after January 1, 2000, for which the Secretary has determined there is an overpaid payment area, the Secretary shall adjust the annual per capita rate of payment for specified Medicare+Choice payment areas to increase the blended capitation rate applicable to such areas under Medicare+Choice blended capitation rates by the aggregate amount of reductions in payments attributable to this Act. Directs the Secretary to: (1) provide for coverage of outpatient prescription drugs to eligible Medicare beneficiaries and to provide for such coverage by entering into agreements with eligible organizations to furnish such coverage; (2) provide coverage of outpatient prescription drugs to such a beneficiary for a specified period beginning when such beneficiary loses coverage of outpatient prescription drugs under the Medicare+Choice plan in which they are enrolled; and (3) impose specified cost-sharing requirements under coverage of outpatient prescription drugs. Establishes in the Federal Supplementary Medical Insurance Trust Fund under Medicare the Emergency Reserve Outpatient Prescription Drug Account, consisting of specified amounts deposited in the Trust Fund, including amounts attributable to reductions in provider overpayments, to pay for outpatient prescription drugs.
Bill· HRH.R. 3064 (106th)passed
United States · United States Congress · 13 October 1999
TABLE OF CONTENTS: Title I: Fiscal Year 2000 Appropriations Title II: Tax Reduction District of Columbia Appropriations Act, 2000 - Title I: Fiscal Year 2000 Appropriations - Makes appropriations for the District of Columbia for FY 2000, including amounts for the Federal payments: (1) for District of Columbia Resident Tuition Support; (2) for incentives for adoption of children; (3) to the Citizen Complaint Review Board; (4) to the Department of Human Services; (5) to the District of Columbia Corrections Trustee Operations; (6) to the District of Columbia Courts; (7) for Defender Services in District of Columbia Courts; (9) to the Court Services and Offender Supervision Agency for the District of Columbia; (10) to the Children's National Medical Center; and (11) for the Metropolitan Police Department. Appropriates specified sums out of the District's general fund (and other funds, in some cases) for the current fiscal year for: (1) governmental direction and support; (2) economic development and regulation; (3) public safety and justice; (4) the public education system; (5) human support services; (6) public works; (7) receivership programs; (8) workforce investments; (9) a reserve to be established by the Chief Financial Officer of the District and the District of Columbia Financial Responsibility and Management Assistance Authority (Authority); (10) the Authority itself; (11) repayment of certain loans and interest; (12) repayment of General Fund Recovery Debt; (13) payment of interest on short-term borrowing; (14) lease payments in accordance with the Certificates of Participation involving the land site underlying the building located at One Judiciary Square; and (15) optical and dental insurance payments. Directs the Chief Financial Officer to: (1) finance projects totaling $20 million in local funds (Productivity Bank) that result in cost savings or additional revenues by an amount equal to such financing; (2) make reductions totaling $20 million in local funds to be allocated to projects funded through the Productivity Bank that produce such cost savings or additional revenues; and (3) make reductions of specified amounts for general supply schedule savings and for management reform savings, in local funds to one or more of the appropriation headings in this Act. Requires quarterly reports by the Mayor on such financial activities to specified congressional committees. Appropriates specified sums for: (1) the Water and Sewer Authority and the Washington Aqueduct; (2) the Lottery and Charitable Games Enterprise Fund; (3) the Sports and Entertainment Commission; (4) the D.C. Health and Hospitals Public Benefit Corporation; (5) the D.C. Retirement Board; (6) the Correctional Industries Fund; (7) the Washington Convention Center Enterprise Fund; and (8) capital outlay (including rescissions). Sets forth authorizations as well as limitations and prohibitions on the uses of appropriations under this Act, and directives to the Mayor, the Council, and the Board of Education identical with or similar to those in the District of Columbia Appropriations Act, 1999. (Sec. 130) 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. 131) Bars the use of funds made available by this Act to implement or enforce: (1) the District of Columbia Health Care Benefits Expansion Act of 1992 (also known as the District Domestic Partner Act); or (2) any system of registration of unmarried, cohabiting couples for purposes of extending them benefits on the same basis as such benefits are extended to legally married couples. (Sec. 142) Requires recipients of funds under this Act to comply with the Buy American Act. Expresses the sense of Congress that, to the greatest extent practicable, such funds should be used to purchase only American-made equipment and products. Declares a person ineligible to receive any contract made with funds provided under this Act if the person has been judicially determined to have intentionally affixed a "Made in America" label to a product that is not U.S.-made. (Sec. 147) Prohibits the use of funds contained in this Act to transfer or confine inmates classified above the medium security level, as defined by the Federal Bureau of Prisons classification instrument, to the Northeast Ohio Correctional Center located in Youngstown, Ohio. (Sec. 149) Requires the Chief Financial Officer, by November 1, 1999, or within 30 calendar days after the enactment of this Act, to submit to the appropriate congressional committees, the Mayor, and the Authority, a revised appropriated funds operating budget for a District government agencies for such fiscal year that is in the total amount of the approved appropriation and that realigns budgeted data for personal services and other-than-personal-services, respectively, with anticipated actual expenditures. (Sec. 150) Prohibits the use of funds contained in this Act for: (1) any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug or; (2) rental payments under a lease for the use of real property by the District government, or to enter a lease, or purchase or manage real property for the District, unless specified conditions are met. (Sec. 153) Amends the Student Loan Marketing Association Reorganization Act of 1996 to provide funding for public charter school construction and repair in the District. Sets aside a specified amount for use as a credit enhancement fund for such schools. (Sec. 154) Requires the Mayor, the Authority, and the Superintendent of Schools to implement a process to dispose of excess public school real property within 90 days of the enactment of this Act. (Sec. 155) Amends the District of Columbia School Reform Act of 1995 to: (1) extend the Act indefinitely; and (2) grant sibling preference to applicants seeking enrollment in public charter schools in the District. (Sec. 157) Transfers from the Authority to the District a specified sum for: (1) severance payments to individuals separated from employment during FY 2000; (2) expanded contracting authority of the Mayor; and (3) the implementation of a system of managed competition among public and private providers of goods and services by and on behalf of the District. (Sec. 158) Requires the Authority, working with the Commonwealth of Virginia and the Director of the National Park Service, to carry out a project to complete all design requirements and all requirements for compliance with the National Environmental Policy Act for construction of expanded lane capacity for the Fourteenth Street Bridge. Transfers a specified limited amount to the Authority from the District's dedicated highway fund for the project. (Sec. 159) Requires the Mayor to carry out, through the Army Corps of Engineers, an Anacostia River environmental cleanup program. (Sec. 160) Amends the Victims of Violent Crime Compensation Act of 1996 (the Act) to: (1) prohibit payment of administrative costs from the Crime Victims Compensation Fund; and (2) limit the use of such Fund to compensation and attorneys' fees awarded under the Act. Provides that: (1) the Fund shall be maintained as a separate Fund in the Treasury; (2) all amounts deposited to the credit of the Fund are appropriated without fiscal year limitation to make payments as authorized under the Act; and (3) the Fund shall also consist of any other fines, fees, penalties, or assessments that the Court determines necessary to carry out the purposes of the Fund. Transfers any unobligated balance existing in the Fund in excess of $250,000 as of the end of each fiscal year (beginning with FY 2000) to miscellaneous receipts of the Treasury within 30 days after the end of the fiscal year. Ratifies any payments made from or deposits made to the Fund on or after April 9, 1997, to the extent such payments and deposits are authorized under the Act. (Sec. 161) Prohibits the use of funds contained in this Act 60 days after its enactment to pay the salary of any chief financial officer of any District government office who has not filed a certification with the Mayor and the Chief Financial Officer of the District that the officer understands the duties and restrictions applicable as a result of this Act or its amendments. (Sec. 162) Requires the proposed FY 2001 budget of the District government to specify potential adjustments that might become necessary in the event that the management savings achieved by the District during the year do not meet the level of management savings projected. (Sec. 163) Requires any document showing the budget for a District government office that contains specified labels categorizing activities to include descriptions of the types of activities covered and a detailed breakdown of the amount allocated for each one. (Sec. 164) Provides that, in using the funds made available for improvements to specified Federal properties in the Southwest Waterfront of the District, any District government entity may place orders for engineering and construction and related services with the Chief of Engineers of the U.S. Army Corps of Engineers on a reimbursable and, if applicable, contractual basis Transfers to the Mayor from the Authority a specified amount from the escrow account held by the Authority for the District's infrastructure needs to be used by the Mayor for such improvements. Requires the Mayor to submit quarterly reports to specified congressional committees on the status of the improvements until they are completed.. (Sec. 165) Expresses the sense of Congress that the District should not impose or take into consideration any height, square footage, set-back, or other construction or zoning requirements in authorizing the issuance of industrial revenue bonds for a project of the American National Red Cross at 2025 E Street Northwest, Washington, D.C., because this project is subject to approval of the National Capital Planning Commission and the Commission of Fine Arts. (Sec. 166) Amends the National Capital Revitalization and Self-Government Improvement Act of 1997 (the Act) to permit the District of Columbia Offender Supervision, Defender, and Courts Services Agency to carry out sex offender registration functions in the District. Authorizes the Pretrial Services, Parole, Adult Probation and Offender Supervision Trustee appointed under the Act to exercise, during the Agency's transition to full operation, the powers and functions of the Agency relating to sex offender registration, but only upon the Trustee's certification that the Trustee is able to assume such powers and functions. Vests such authority in the Metropolitan Police Department until the Trustee makes such certification. (Sec. 167) Prohibits the use of funds contained in this Act to enact or carry out any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act or any tetrahydrocannabinols (THC) derivative. Declares that the Legalization of Marijuana for Medical Treatment Initiative of 1998, also known as Initiative 59, approved by the electors of the District on November 3, 1998, shall not take effect. (Sec. 168) Transfers to the District from the Authority a specified amount for the Mayor to provide offsets against local taxes for a commercial revitalization program to be available in enterprise zones and low and moderate income areas in the District, provided that the Mayor uses Federal commercial revitalization proposals introduced in Congress as a guideline. (Sec. 169) Amends the District of Columbia Home Rule Act to transfer to the Mayor the Authority's duty with respect to annually developing and submitting to specified congressional committees a performance accountability plan for the District government, and annually reporting to such committees on the performance of the government's activities. (Sec. 170) Declares the sense of Congress that, in considering the District of Columbia's FY 2001 budget, the Congress will take into consideration progress or lack of progress in addressing specified issues, including crime, access to drug abuse treatment, management of parolees and pretrial violent offenders, education, improvement in basic city services, application for and management of Federal grants, and indicators of child well-being. (Sec. 171) Urges the Mayor, before using Federal Medicaid payments to Disproportionate Share Hospitals (DSH) to serve a small number of childless adults, to consider the recommendations of the Health Care Development Commission. (Sec. 172) Directs the Comptroller General to study and report to Congress on the law enforcement, court, prison, probation, parole, and other components of the criminal justice system of the District of Columbia in order to identify the components most in need of additional resources, including financial, personal, and management resources. Title II: Tax Reduction - Commends the District of Columbia for its action to reduce taxes. Ratifies the Service Improvement and Fiscal Year 2000 Budget Support Act of 1999.
Bill· HRH.R. 3065 (106th)referred
United States · United States Congress · 13 October 1999
Amends title XIX (Medicaid) of the Social Security Act to remove the limit on the amount of Medicaid disproportionate share hospital (DSH) payments for certain hospitals in Ohio.