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Bill· HRH.R. 5247 (106th)referred
United States · United States Congress · 21 September 2000
Greater Access to Affordable Pharmaceuticals Act or GAAP Act of 2000 - Amends the Federal Food, Drug, and Cosmetic Act to include in a required abbreviated new drug application information concerning certification of each patent which claims any active ingredient for a listed drug (currently, only the listed drug itself), either alone or in combination with other active ingredients, or which claims the first approved use for such drug for which an applicant is seeking approval. States that the filing of a citizen petition review shall not cause the Secretary of Health and Human Services to delay review and approval of an abbreviated new drug application unless the petition demonstrates through substantial scientific proof that approval would pose a threat to public health and safety. Allows a drug to be considered a bioequivalent to a listed drug if the effects of such drug and the listed drug do not show a significant difference based on certain tests or studies. Provides for an accelerated date of approval of a generic drug application. Expresses the sense of Congress that measures should be taken to effectuate the purpose of the Drug Price Competition and Patent Term Restoration Act of 1984 to make generic drugs more available and accessible, thereby reducing health care costs.
Bill· HRH.R. 5243 (106th)referred
United States · United States Congress · 21 September 2000
Nursing Home Staffing and Quality Improvement Act of 2000 - Directs the Secretary of Health and Human Services to establish a program of competitive grants to eligible States for the purpose of improving the quality of care furnished in nursing homes operating in the State. Makes appropriations. Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to add requirements for skilled nursing facilities and nursing facilities to report to the Secretary on data regarding staffing levels and information regarding patient classification. Establishes the Nursing Facility Civil Money Penalties Collection Account to be used for awarding grants under this Act.
Bill· HRH.R. 5251 (106th)referred
United States · United States Congress · 21 September 2000
Declares that, if the Secretary of Health and Human Services changes regulations under title XVIII (Medicare) of the Social Security Act to permit certified registered nurse anesthetists to furnish anesthesia services in hospitals and ambulatory surgical centers without medical supervision, then the level of payment for such services furnished by a certified registered nurse anesthetist who is not medically supervised in such a hospital or center shall be the same as the level of payment for such services furnished by the anesthetist in such a facility when the anesthetist is medically supervised.
Bill· HRH.R. 5260 (106th)referred
United States · United States Congress · 21 September 2000
Hereditary Disorders Newborn Screening Act of 2000 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, to award grants to eligible entities to enhance, improve or expand the ability of State and local public health agencies to provide screening, counseling or preventive care services to newborns and children having or at risk for heritable disorders. Authorizes appropriations. Directs the Secretary to award grants to eligible entities to provide for the conduct of demonstration programs to evaluate the effectiveness of screening, counseling or preventive care services in reducing the morbidity and mortality caused by heritable disorders in newborns and children. Direct the Secretary to establish an advisory committee to be known as the Advisory Committee on Heritable Disorders in Newborns and Children.
Bill· HRH.R. 5246 (106th)referred
United States · United States Congress · 21 September 2000
Amends title XVIII (Medicare) of the Social Security Act to require home health agencies participating in the Medicare program to conduct criminal background checks through the Attorney General on all applicants for employment as patient care providers.
Bill· HRH.R. 5248 (106th)referred
United States · United States Congress · 21 September 2000
Directs the Secretary of Health and Human Services and the Secretary of Education to issue proposed regulations relating to allowable costs under the administrative outreach program of the school based services program that is part of the Medicaid program under title XIX of the Social Security Act with respect to services provided to children with disabilities.
Bill· SS. 3081 (106th)open
United States · United States Congress · 20 September 2000
Traumatic Brain Injury Act Amendments of 2000 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to implement a national traumatic brain injury education and awareness campaign in conjunction with Health People 2010. Requires the Secretary to determine: (1) the incidence and prevalence of such injury in all age groups; and (2) appropriate methodological strategies to obtain data on the incidence and prevalence of mild traumatic brain injury. Requires certain programs of the National Institutes of Health to include research on brain injury, its treatment, and nuerobehavioral consequences of such injury. Authorizes the Secretary to make grants to States to carry out projects (currently, demonstration projects) to improve access to health and other services regarding traumatic brain injury. Allows such grant funds to be used: (1) for community services and support for those with such injuries and their families; and (2) to build a State's capacity to address and treat such injuries. Requires such services and support to reflect best practices in the field of traumatic brain injury and to be supported by quality assurance measures.
Bill· SS. 3083 (106th)referred
United States · United States Congress · 20 September 2000
Enhancement of Privacy and Public Safety in Cyberspace Act - Amends the Federal criminal code to mandate a fine, imprisonment of up to ten years, or both, if an offense or attempted offense in connection with computers would or could cause: (1) loss to one or more persons during any one year period of at least $5,000; (2) modification or impairment of medical examination, diagnosis, or care; (3) physical injury to any individual; (4) a threat to public health or safety; or (5) damage affecting a computer system used by or for a government entity in furtherance of the administration of justice, national defense, or national security. Includes as a conviction for another offense, with respect to the investigative authority of the U.S. Secret Service, conviction for a crime punishable for more than one year which involves unauthorized access to a computer. Amends the Communications Act of 1934 to make punishable under the Federal criminal code the intent to cause the unavailability of a communication device or interactive computer service, to cause damage to a protected computer, or to cause other persons to initiate such activities. Makes it unlawful to intercept or access a wire or electronic communication configured to be readily accessible to the general public. Prohibits using evidence of unauthorized intercepted communications. Provides: (1) increased protections from unlawful access to electronically stored communications; and (2) requirements for governmental access to such information. Revises generally the authority for installing and using pen registers and trap and trade devices.
Bill· SS. 3079 (106th)referred
United States · United States Congress · 20 September 2000
Amends the Public Health Service Act to direct the Secretary of Health and Human Services to award grants, contracts, or cooperative agreements to States and political subdivisions, Indian tribes and tribal organizations, and public and private nonprofit organizations to establish programs to reduce suicide deaths among children and adolescents. Requires the Secretary to ensure that awards made will focus on the needs of communities or groups that experience high or rapidly rising rates of suicide. Requires a geographical distribution of such awards between urban and rural settings. Requires each award grantee to prepare and submit to the Secretary an evaluation of activities funded. Limits to five years the duration of projects funded by such awards. Requires the Secretary to initiate a study concerning suicide or attempted suicide by children and youth.
Bill· SS. 3084 (106th)referred
United States · United States Congress · 20 September 2000
Amends title XVIII (Medicare) of the Social Security Act to provide for State accreditation of diabetes self-management training programs under the Medicare Program.
Bill· SS. 3077 (106th)referred
United States · United States Congress · 20 September 2000
Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 2000 - Title I: Provisions Relating to Part A - Subtitle A: Skilled Nursing Facilities - Amends title XVIII (Medicare) of the Social Security Act (SSA) with regard to eliminating the reduction in the skilled nursing facility (SNF) market basket update. (Sec. 102) Amends the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999 (BBRA) to revise the BBRA increase for SNFs in FY 2001 and 2002. (Sec. 103) Requires a Medicare Payment Advisory Commission (MedPAC) study and report to the Secretary of Health and Human Services (HHS) and Congress on nursing home costs to determine the adequacy of Medicare payment rates for items and services furnished by SNFs. Grants the Secretary the authority to make payment adjustments for covered SNF services if appropriate as a result of the study. Subtitle B: PPS Hospitals - Amends SSA title XVIII to: (1) revise the reduction of indirect graduate medical education payments; (2) eliminate the reduction in the Prospective Payment System (PPS) hospital payment update; (3) eliminate the reduction in disproportionate share hospital (DSH) payments; and (4) change the payment formulas for DSH hospitals; and (5) modify the payment rate for Puerto Rico hospitals. (Sec. 115) Increases the DSH allotments under Medicaid for the District of Columbia. Amends SSA title XIX (Medicaid) and XXI (State Children's Health Insurance) (SCHIP) to provide for the optional eligibility of certain alien pregnant women and children for Medicaid and SCHIP. (Sec. 117) Requires a MedPAC study on hospital area wage indexes for a report to the Secretary and Congress. Subtitle C: PPS Exempt Hospitals - Amends SSA title XVIII to provide for the treatment of certain cancer hospitals (Sec. 122) Makes certain changes with regard to the PPS for inpatient rehabilitation services and payment during the transition period under current law. Subtitle D: Hospice Care - Amends SSA title XVIII to revise payments for hospice care. Subtitle E: Other Provisions - Amends SSA title XVIII to outline various provisions concerned with: (1) hospital compliance with the Bloodborne Pathogens standard; (2) an Informatics and Data Systems Grant Program; and (3) relief from the Medicare part A (Hospital Insurance) late enrollment penalty for a group buy-in for State and local retirees. Authorizes appropriations. Subtitle F: Transitional Provisions - Reclassifies certain counties and areas in specified States for purposes of reimbursement under the Medicare program. Title II: Provisions Relating to Part B - Subtitle A: Hospital Outpatient Services - Amends SSA title XVIII to provide for reduction of the effective hospital outpatient department (HOPD) coinsurance rate to 20 percent by 2019. (Sec. 202) Revises the formula for calculating the base payment-to-cost-ratio component of HOPD PPS transitional corridor payments to include in such formula (and so cover) certain hospitals that did not submit cost reports for 1996. (Sec. 203) Provides a permanent guarantee of pre-Balanced Budget Act of 1997 (BBA '97) payment levels for HOPD services furnished by children's hospitals. Subtitle B: Provisions Relating to Physicians - Amends the Higher Education Act of 1965 to grant medical students a deferment on their student loans for a period not to exceed the length of their full initial residency period. (Sec. 212) Directs the Comptroller General to study and report to the Secretary and Congress on: (1) the post-payment audit process under Medicare as it applies to physicians; and (2) the aggregate effects of regulatory, audit, oversight, and paperwork burdens on physicians and other health care providers participating in Medicare. (Sec. 213) Directs MEDPAC to study and report to the Secretary and Congress on the refinements to the practice expense relative value units during the transition to a resource-based practice expense system for physician payments under Medicare. Subtitle C: Ambulance Services - Amends SSA title XVIII with regard to the establishment of a fee schedule for ambulance services to allow a supplier of ambulance services to elect to forego phase-in of such schedule and receive payments based only upon it. (Sec. 222) Establishes a prudent layperson standard for emergency ambulance services. (Sec. 223) Eliminates the reduction in inflation adjustments for ambulance services. (Sec. 224) Directs the Secretary to study and report to Congress on the means by which rural areas with low population densities can be identified for the purpose of designating areas in which the cost of providing ambulance services would be expected to be higher than similar services provided in more heavily populated areas because of low usage. (Sec. 225) Outlines provisions for interim payments for rural ground ambulance services until such time as the established fee schedule is modified by a specified regulation. (Sec. 226) Directs the Comptroller General to study and report to the Secretary and Congress on the costs of providing emergency and medical transportation services across the range of acuity levels of conditions for which such transportation services are provided. Subtitle D: Preventive Services - Amends SSA title XVIII to: (1) prohibit deductibles and coinsurance for various specified preventive benefits; (2) add lancets to the definition of durable medical equipment; and (3) provide coverage of counseling for cessation of tobacco use, glaucoma detection tests, and medical nutrition therapy services for beneficiaries with diabetes, a cardiovascular disease, or a renal disease. (Sec. 235) Directs the Secretary to: (1) conduct a series of studies, for an annual report to the Congress, designed to identify preventive interventions that can be delivered in the primary care setting that are most valuable to older Americans; and (2) contract with the Institute of Medicine of the National Academy of Sciences to study and report periodically to the President on current literature and best practices in the field of health promotion and disease prevention among Medicare beneficiaries. (Sec. 237) Provides for fast-track consideration of preventive benefit legislation resulting from recommendations accompanying such study reports. Subtitle E: Other Services - Amends SSA title XVIII with regard to: (1) revision of the moratorium on caps for therapy services; (2) revision of coverage of immunosuppressive drugs; (3) extension of certain secondary payer requirements; (4) State accreditation of diabetes self-management training programs; (5) elimination of the reduction in payment amounts for orthotics and prosthetics, parenteral and enteral nutrients, supplies, and equipment and oxygen and oxygen equipment; (6) standards regarding payment for certain orthotics and prosthetics; (7) revision of the definition of orthotics; (8) new pap smear technologies and other new clinical laboratory test technologies; (9) increase in payments for certified nurse-midwife services; and (10) payment for administration services associated with chemotherapy and for blood clotting drug-related activities. (Sec. 249) Directs MEDPAC to study and report to the Secretary and Congress on the provision of in-home infusion therapy nursing services. Title III: Provisions Relating to Parts A and B - Subtitle A: Home Health Services - Amends SSA title XVIII to eliminate a specified 15 percent reduction in cost and per beneficiary limits with respect to payment rates for home health services under the Medicare PPS. (Sec. 302) Excludes from such PPS certain nonroutine medical supplies furnished by a home health agency. Details certain study and reporting requirements with regard to such exclusion. (Sec. 303) Permits home health patients with Alzheimer's disease or a related dementia to participate in adult-day care programs. (Sec. 304) Directs the Secretary to establish standards for the operation of a branch office, a service site for home health services controlled and supervised by a home health agency. (Sec. 305) Provides for the treatment of home health services provided in certain counties in the State of New York. Subtitle B: Direct Graduate Medical Education - Provides that, for cost reporting periods between October 1, 2000, and October 1, 2005, in applying the limitations regarding the total number of full-time equivalent interns and residents in the field of allopathic or osteopathic medicine under Medicare for a hospital, the Secretary shall not take into account a maximum of three interns or residents in the field of geriatric medicine to the extent the hospital increases the number of geriatric interns or residents above the number of such interns or residents for the hospital's most recent cost reporting period ending before October 1, 2000. (Sec. 312) Amends SSA title XI part A (General Provisions) to establish a program of payments to children's hospitals that operate graduate medical education programs. Authorizes appropriations. (Sec. 313) Provides that, effective for cost reporting periods beginning on or after October 1, 1999, for purposes of Medicare payments to hospitals for costs of approved educational activities, such activities shall include the clinical portion of professional educational training programs recognized by the Secretary for clinical psychologists. (Sec. 314) Amends SSA title XVIII to provide for the treatment of certain newly established residency programs in computing Medicare payments for the costs of medical education. Subtitle C: Miscellaneous - Amends SSA title II (Old Age, Survivors and Disability Insurance) (OASDI) to provide for a waiver of the 24-month waiting period for Medicare coverage of individuals disabled with amyotrophic lateral sclerosis. Title IV: Rural Provider Provisions - Subtitle A: Critical Access Hospitals - Amends SSA title XVIII with regard to payments to critical access hospitals for clinical diagnostic laboratory tests. (Sec. 402) Amends SSA title XVIII, as amended by BBRA, to revise the payment for professional services provided by a critical access hospital. (Sec. 403) Amends SSA title XVIII to permit critical access hospitals to operate PPS-exempt distinct part psychiatric and rehabilitation units. Subtitle B: Medicare Dependent, Small Rural Hospital Program - Amends SSA title XVIII to: (1) make the Medicare-dependent, small rural hospital program permanent; and (2) give any hospital under such program the option of basing eligibility for payment on discharges during any of the three most recent audited cost reporting periods in lieu of the current basing of eligibility for payment on discharges during the cost reporting period beginning in FY 1987. Subtitle C: Sole Community Hospitals - Amends SSA title XVIII to extend the option to use rebased target amounts to all sole community hospitals. (Sec. 422) States that, for purposes of discharges occurring on or after October 1, 2000, the Greensville Memorial Hospital located in Emporia, Virginia, shall be deemed to have satisfied the travel time criteria under applicable Medicare provisions for classification as a sole community hospital. Subtitle D: Other Rural Hospital Provisions - Amends SSA title XVIII to exempt Medicare swing bed hospitals from the PPS for skilled nursing facilities (SNFs). (Sec. 431) Amends BBRA to make January 1, 2001, the effective date of the elimination of certain restrictions with respect to the hospital swing bed program. (Sec. 432) Amends SSA title XVIII to mandate pre-BBA '97 payment levels for outpatient services furnished by rural hospitals. (Sec. 433) Provides for the treatment of certain physician pathology services under Medicare. Subtitle E: Other Rural Provisions - Amends SSA title XVIII with regard to bonus payments in the case of physicians' services furnished to an individual who is covered under Medicare part B (Supplementary Medical Insurance) and who incurs expenses for such services in a health professional shortage area. Extends such bonus payments to physician assistant and nurse practitioner services. Eliminates the requirement to make such payments on a monthly or a quarterly basis. (Sec. 442) Modifies: (1) the exemption to the limits established on payment for provider-based rural health clinic services in the case of such clinics in rural hospitals with less than 50 beds; and (2) payment for certain physician assistant services. (Sec. 444) Directs the Secretary to provide for bonus payments for rural home health agencies in the case of home health services furnished in a rural area in 2001 and 2002. (Sec. 445) Excludes clinical social worker services and worker services performed under a contract with a rural health clinic or a Federally-qualified health center from the PPS for SNFs. (Sec. 446) Covers marriage and family therapist services provided in rural health clinics under Medicare. (Sec. 447) Amends the Public Health Service Act (PHSA) to: (1) create a capital infrastructure revolving loan program for rural entities for projects for capital improvements; (2) provide for grants to assist eligible small rural hospitals in offsetting the costs of establishing data systems to implement PPSs under Medicare, and to comply with administrative simplification requirements under Medicare part C (Medicare+Choice), or to reduce medication errors; (3) provide for grants to eligible small rural hospitals to provide relief for financial distress that has a negative impact on access to care for Medicare beneficiaries who reside in a rural area. Authorizes appropriations. (Sec. 450) Amends BBA '97 to revise provisions for Medicare reimbursement for telehealth services with respect to: (1) the methodology for determining the amount of payments; (2) reimbursement for Medicare beneficiaries who do not reside in a health professional shortage area; (3) telehealth coverage for direct patient care; (4) eligibility for telehealth reimbursement for all physicians and practitioners; and (5) telehealth services provided using store-and-forward technologies. (Sec. 451) Directs MEDPAC to study and report to the Secretary and Congress on the effect of low patient and procedure volume on the financial status of low-volume, isolated rural health care providers participating in Medicare. Title V: Provisions Relating to Part C (Medicare+Choice Program) and Other Medicare Managed Care Provisions - Amends SSA title XVIII part C (Medicare+Choice) with regard to eligibility, election, and enrollment to provide for restoring the effective date of elections and changes of elections of Medicare+Choice plans. (Sec. 502) Amends SSA title XVIII part D (Miscellaneous) with regard to certification of Medicare supplemental health insurance (Medigap) policies. Sets forth a special Medigap enrollment anti-discrimination provision for certain beneficiaries. (Sec. 503) Amends SSA title XVIII part C with regard to payments to Medicare+Choice organizations to: (1) increase the national per capita Medicare+Choice growth percentage in 2001 and 2002; and (2) modify area-specific and national percentages provisions with respect to calculation of annual Medicare+Choice capitation rates. (Sec. 505) Delays from July 1, 2000, to November 1, 2000, the deadline for a Medicare+Choice organization to withdraw the offering of a Medicare+Choice plan under part C (or otherwise to submit information required for the offering of such a plan) for 2001. (Sec. 506) Amends SSA title XVIII to make certain amounts in the Medicare trust funds available for the Secretary's share of Medicare+Choice education and enrollment-related costs. (Sec. 507) Amends BBRA to revise terms and conditions for extension of Medicare community nursing organization demonstration projects. (Sec. 508) Amends SSA title XVIII part C with regard to payments to Medicare+Choice organizations to modify payment rules for certain frail elderly Medicare beneficiaries. Title VI: Provisions Relating to Individuals with End-Stage Renal Disease - Amends SSA title XVIII part D with respect to Medicare coverage for end stage renal disease (ESRD) patients to change the methodology for determining the update in the renal dialysis composite rate for end state renal dialysis services furnished after January 1, 2001. (Sec. 602) Amends SSA title XVIII part C with regard to payments to Medicare+Choice organizations to provide for revision of payment rates for ESRD patients enrolled in Medicare+Choice plans. (Sec. 603) Permits ESRD beneficiaries to enroll in another Medicare+Choice plan if the plan in which they are enrolled is terminated. (Sec. 604) Amends SSA title XVIII part B to provide for the coverage of certain vascular access services for ESRD beneficiaries provided by ambulatory surgical centers. (Sec. 605) Directs the Secretary to: (1) collect information on the satisfaction of each ESRD Medicare beneficiary with the quality of health care under the original fee-for-service Medicare program and the Medicare+Choice program, and the access of each beneficiary to that care; (2) analyze such information to determine, among other things, the kinds of health care that each nondialysis health care provider provides to each ESRD Medicare beneficiary for the treatment of ESRD and each comorbidity and the quality of health care provided to each such beneficiary enrolled under the Medicare+Choice program compared to each beneficiary enrolled under the original fee-for-service Medicare program; and (3) make such information collected and analysis conducted available to the public each year. Title VII: Access to Care Improvements Through Medicaid and SCHIP - Amends SSA title XIX (Medicaid) to create a new PPS for federally-qualified health centers and rural health clinics. (Sec. 702) Amends SSA title XIX to make permanent the extension of eligibility for medical assistance, and give States the option of electing a 12-month initial eligibility period in lieu of the current six month initial eligibility period. (Sec. 703) Amends SSA title XIX with regard to State Medicaid plans to provide for coordination with Medicaid and the State Children's Health Insurance Program (SCHIP) under SSA title XXI of the application of resource and income eligibility standards for certain Medicaid-eligible individuals under certain conditions, as well as providing for the automatic reassessment of eligibility for Medicaid and SCHIP benefits for children losing Medicaid- or SCHIP-eligibility. (Sec. 704) Amends SSA titles XIX and XXI to qualify additional entities to determine presumptive eligibility for low-income children under Medicaid and SCHIP. (Sec. 705) Amends SSA title V (Maternal and Child Health Services) to: (1) increase the authorization of appropriations; and (2) provide for coordination with Medicaid and SCHIP. (Sec. 706) Amends SSA title XIX to provide for increased access to Medicare cost-sharing assistance for low-income beneficiaries. (Sec. 707) Provides for: (1) optional State Medicaid coverage of breast and cervical cancer prevention and treatment coverage for certain breast and cervical cancer patients; (2) optional State Medicaid presumptive eligibility for certain breast or cervical cancer patients; and (3) an enhanced Federal match to be used under SCHIP with respect to medical assistance provided to such breast and cervical cancer patients receiving such optional State Medicaid coverage. Title VIII: Other Provisions - Amends the Ricky Ray Hemophilia Relief Fund Act of 1998 to make appropriations to the Ricky Ray Hemophilia Relief Fund for FY 2001. (Sec. 802) Amends the Public Health Service Act (PHSA) to increase appropriations for special diabetes programs for children with type 1 diabetes and for Indians. (Sec. 803) Directs the Secretary to award demonstration grants to up to seven States to conduct innovative programs designed to improve outreach to homeless individuals and families under specified Social Security programs with respect to enrollment and the provision of services under such programs. Makes appropriations. (Sec. 804) Amends the Employee Retirement Income Security Act of 1974 (ERISA) and PHSA to prohibit health insurance provided through a managed care organization under a group health plan, or through a health insurance issuer providing coverage in connection with a group health plan, (and, for the PHSA, health insurance in the individual market) from denying coverage of services provided by a continuing care retirement community or other qualified facility if they are: (1) post-hospitalization services in the same community or facility as in pre-hospitalization; (2) skilled nursing services, without a preceding hospitalization, which are necessary to prevent hospitalization; or (3) furnished in the same facility the participant's or beneficiary's spouse already resides in. Makes the prohibition: (1) depend on whether such services are otherwise covered; and (2) regardless of whether the organization is under contract with the community or facility. Prohibits related denial of enrollment or renewal, incentives to enrollees, and penalties or incentives to physicians. Declares that State laws are not preempted which meet certain requirements, including any more protective of participants or beneficiaries than those of this Act. Provides for enforcement. (Sec. 805) Directs the Secretary to award grants to eligible States to support real choice systems change initiatives that establish specific action steps and specific timetables to: (1) achieve enduring system improvements; and (2) provide consumer-responsive long-term services and supports to eligible individuals in the most integrated setting appropriate based on the unique strengths and needs of the individual, the priorities and concerns of the individual (or, as appropriate, the individual's representative), and the individual's desires with regard to participation in community life. Requires each State, in order to receive such a grant, to establish a Consumer Task Force to assist in the development, implementation, and evaluation of real choice systems change initiatives. Provides funding.
Bill· SS. 3080 (106th)referred
United States · United States Congress · 20 September 2000
Early Childhood Oral Health Improvement Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to establish a program to assist innovative oral health activities to improve the oral health of children under six years of age who are eligible for services under a Federal health program. Provides for program grants or contracts to dental training institutions, community dental programs, and Indian health programs. Authorizes appropriations.
Bill· SS. 3082 (106th)referred
United States · United States Congress · 20 September 2000
Medicare Access to Technology Act of 2000 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for: (1) annual reports to Congress by the Secretary of Health and Human Services with regard to national coverage determinations; (2) inclusion on the Medicare Payment Advisory Commission (MEDPAC) of individuals with expertise in new medical devices; and (3) annual adjustments to Medicare payment systems for changes in technology and medical practice. (Sec. 3) Amends SSA title XI to revise the Medicare advisory committee process to require assurance of full participation of nonvoting members in committee deliberations. (Sec. 6) Amends SSA title XVIII to direct the Secretary to submit annual reports to Congress on elimination of barriers to the use of new medical devices in hospital outpatient departments (HODs). Requires MEDPAC to: (1) monitor Medicare beneficiary access to medical devices in HODs, assess the impact in making new devices available in HODs, and the impact of including or excluding a device under the prospective payment system (PPS) on beneficiary access to such device; and (2) make any recommendations MEDPAC determines would increase the availability of such devices to individuals entitled to Medicare benefits. (Sec. 7) Amends SSA title XVIII to prohibit the exclusion of a drug or biological from Medicare coverage because it is not reasonable and necessary for the diagnosis or treatment of illness or injury or to improve the functioning of a malformed body member, if such drug or biological has been approved by the Food and Drug Administration (FDA) and is prescribed for an FDA-approved use or a use supported in medical compendia. (Sec. 8) Directs the Secretary to: (1) assign a temporary code to an FDA-reviewed drug or device after receiving a written request of a product sponsor; (2) accept recommendations from the public throughout the year for Health Care Financing Administration Common Procedure Coding System (HCPCS) level II code modifications; (3) cause determinations on recommendations to be made within 30 days after receipt of the recommendation; and (4) incorporate modifications to HCPCS level II codes that are approved during the three months preceding the last month of a calendar quarter into the payment systems established under Medicare not later than the first day of the following calendar quarter. Prohibits the Secretary from requiring a minimum period of marketing experience with respect to a drug or device as a condition of consideration or approval of a recommendation for an HCPCS level II code modification. Requires the Secretary to report to Congress on the feasibility and desirability of opening meetings of the HHS Alpha-Numeric Editorial Panel to the public. (Sec. 9) Directs the Secretary to maintain and continue the use of HCPCS level III codes (as in effect on June 1, 1999), and to make them available to the public. (Sec. 10) Outlines provisions for establishing: (1) a process for the stated purpose of making and implementing ICD-9-CM coding modifications with respect to payment to hospitals for inpatient hospital services into the payment systems established under Medicare; (2) procedures for Medicare coding and payment determinations for new clinical diagnostic laboratory tests for which payment is made on a fee schedule basis; and (3) payment rates for new clinical diagnostic laboratory tests. Prohibits the Secretary from requiring a minimum period of marketing experience with respect to an item, service, or device for which payment is made under the system for payment to hospitals for inpatient hospital services as a condition of consideration or approval of a recommendation for an ICD-9-CM modification. Prohibits the Secretary from assigning a code for a new clinical diagnostic laboratory test that differs from that recommended by the American Medical Association Common Procedure Terminology Editorial Panel and results in lower payment than would be made under certain conditions.
Bill· HRH.R. 5235 (106th)referred
United States · United States Congress · 20 September 2000
Prescription Drug Competition Act of 2000 - Requires a brand name drug company and a generic drug applicant that enter into an agreement regarding the sale or manufacture of a generic drug determined or likely to be the therapeutic equivalent of such brand name drug, when such agreement could limit the research, development, manufacture, marketing, or sale of such generic drug, to file with the Federal Trade Commission and the Secretary of Health and Human Services the text of such agreement and an explanation of whether such agreement could delay, restrain, limit, or otherwise interfere with the production, manufacture, or sale of the generic drug in question. Requires such filing within ten days of agreement execution. Provides civil penalties for violation.
Bill· HRH.R. 5231 (106th)referred
United States · United States Congress · 20 September 2000
Pharmaceutical Reform Act of 2000 - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services to cease consideration of, and to terminate, a petition to approve an abbreviated drug application for a new drug if the Secretary determines that the person submitting the petition received valuable consideration from an entity whose financial interests are served by an order approving such application. Prohibits a patent from being considered to claim a listed drug unless, with respect to such drug, the patent claims an active ingredient. Provides the effective date of the approval of an abbreviated application for a new drug containing a certification that its patent is invalid or will not be infringed by the manufacture, use, or sale of the new drug for which the application is submitted. Prohibits any State or political subdivision from: (1) taking any action with respect to a drug approved under such Act that is different from or in addition to any listed requirement; or (2) establishing or continuing in effect a prohibition against the use of a drug as a substitute for any listed drug to which the drug is therapeutically equivalent. Expresses the sense of Congress that a specified provision of the Public Health Service Act authorizes the submission of an abbreviated application for the approval of a new drug that is a biological product.
Bill· HRH.R. 5228 (106th)referred
United States · United States Congress · 20 September 2000
Essential and Critical Hospital Preservation Act of 2000 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for special payments to hospitals deemed essential hospitals. Requires such a hospital to submit to the Secretary of Health and Human Services an economic recovery plan for long-range (post-deemed status) financial viability for possible receipt of an additional payment to ensure successful completion of the plan.
Bill· HRH.R. 5220 (106th)referred
United States · United States Congress · 20 September 2000
Essential Rural Hospital Preservation Act of 2000 - Amends title XVIII (Medicare) of the Social Security Act to revise the Medicare program with regard to essential rural hospitals by: (1) treating as allowable costs 100 percent of bad debts attributable to uncollectible copayments and deductions; (2) exempting such hospitals from the hospital outpatient prospective payment system; and (3) providing for disproportionate share hospital (DSH) payments (with a minimum DSH adjustment percentage of 20 percent) for essential rural hospital discharges between May 1, 1986, and October 1, 1997.
Bill· HRH.R. 5222 (106th)referred
United States · United States Congress · 20 September 2000
Amends title XVIII (Medicare) of the Social Security Act to revise the definition of terminally ill with respect to hospice care to allow attending physicians to determine whether a Medicare beneficiary is eligible for hospice care under the Medicare program without regard to current law requirements that the individual's life expectancy be six months or less.
Bill· SS. 3067 (106th)referred
United States · United States Congress · 19 September 2000
Needlestick Safety and Prevention Act - Revises the bloodborne pathogens standard, in effect under the Occupational Safety and Health Act of 1970 (OSHA) to include safer medical devices, such as sharps with engineered sharps injury protections and needleless systems, as examples of engineering controls designed to eliminate or minimize occupational exposure to bloodborne pathogens through needlestick and other percutaneous injuries. Requires certain employers to: (1) review and update exposure control plans to reflect changes in technology that eliminate or reduce such exposure, and document their consideration and implementation of appropriate commercially available and effective safer medical devices for such purpose; (2) maintain a sharps injury log, noting the type and brand of device used, where the injury occurred, and an explanation of the incident (exempting employers who are not required to maintain specified OSHA logs); and (3) seek input on such engineering and work practice controls from the affected health care workers (exempting employers who are not required to establish exposure control plans). Requires such modifications of the standard to: (1) be in force until superseded by regulations promulgated by the Secretary of Labor under OSHA; and (2) take effect without regard to specified procedural requirements.
Bill· SS. 3073 (106th)referred
United States · United States Congress · 19 September 2000
Medicare, Medicaid, and MCH Smoking Cessation Promotion Act of 2000 - Amends titles V (Maternal and Child Health Services), XVIII (Medicare), and XIX (Medicaid) of the Social Security Act to provide for coverage of counseling for cessation of tobacco use under the Maternal and Child Health Services, Medicare, and Medicaid programs.
Bill· SS. 3070 (106th)referred
United States · United States Congress · 19 September 2000
Defective Product Penalty Act of 2000 - Amends the Federal criminal code to establish criminal penalties for the distribution of defective products (products with some flaw that renders them dangerous to human life beyond their reasonable and accepted risk). Sunshine in Litigation Act of 2000 - Amends the Federal judicial code to require a court to enter an order restricting the disclosure of information obtained through discovery, approving a settlement agreement that would restrict the disclosure of such information, or restricting access to civil court records only after finding that: (1) such order would not restrict the disclosure of information relevant to public health or safety; (2) the public interest in the disclosure of potential health or safety hazards is clearly outweighed by the interest of maintaining the confidentiality of such information; and (3) the requested protective order is no broader than necessary to protect the interest in maintaining confidentiality. Amends Federal transportation law to: (1) require motor vehicle or vehicle equipment manufacturers to review and consider vehicle or equipment incident information and notify the Secretary of Transportation upon having reason to believe that a defect or noncompliance may exist; (2) extend the period during which remedies for defects and noncompliance shall be provided by a manufacturer without charge; and (3) increase the civil penalty for violations of certain vehicle and equipment safety violations.
Bill· SS. 3066 (106th)referred
United States · United States Congress · 19 September 2000
Senior Care Safety Act of 2000 - Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to require skilled nursing facilities and nursing facilities, respectively, to conduct criminal background checks on applicants for employment. Establishes civil money penalties for noncompliance. Directs the Attorney General to study and report to Congress on the effects of background checks in nursing facilities.
Bill· HRH.R. 5209 (106th)referred
United States · United States Congress · 19 September 2000
Physician Pathology Services Fair Payment Act of 2000 - Provides for the treatment of certain physician pathology services for payments to laboratories under title XVIII (Medicare) of the Social Security Act.
Bill· HRH.R. 5208 (106th)referred
United States · United States Congress · 19 September 2000
Medicare, Medicaid, and MCH Smoking Cessation Promotion Act of 2000 - Amends titles V (Maternal and Child Health Services), XVIII (Medicare), and XIX (Medicaid) of the Social Security Act to provide for coverage of counseling for cessation of tobacco use under the Maternal and Child Health Services, Medicare, and Medicaid programs.
Bill· HRH.R. 5204 (106th)referred
United States · United States Congress · 19 September 2000
Benign Brain Tumor Cancer Registries Amendment Act - Amends the Public Health Service Act to add the collection of data on benign brain-related tumors to provisions authorizing grants to States for the operation of statewide registries (currently, statewide cancer registries).
Bill· HRH.R. 5197 (106th)referred
United States · United States Congress · 18 September 2000
Medicare Welcome Back Act of 2000 - Provides for a Medicare (title XVIII of the Social Security Act) part B (Supplemental Security Income) special enrollment period and waiver of part B late enrollment penalty, and for Medicare supplemental insurance policy (Medigap) special open enrollment period, for certain individuals who were residing abroad at the time they first became eligible for such benefits.
Bill· HRH.R. 5200 (106th)referred
United States · United States Congress · 18 September 2000
Medicare Billing and Education Act of 2000 - Title I: Regulatory Reform - Amends title XVIII (Medicare) of the Social Security Act (SSA) with regard to: (1) the prospective-only, non-retroactive application of regulations of the Secretary of Health and Human Services that establish or change a substantive legal standard governing the scope of benefits, the payment for services, or the eligibility of individuals, entities, or organizations to furnish or to receive Medicare services or benefits; and (2) allowance of civil actions against the Secretary challenging the constitutionality of regulations or policies. Prohibits the Secretary from recovering past Medicare overpayments by offsetting future payments to a health care provider, or while a provider is appealing a determination that an overpayment has been made or the amount of such an overpayment. Title II: Appeals Process Reforms - Revises requirements for the post-payment audit process, particularly the recoupment of overpayments. Requires the Secretary to permit any health care provider to appeal any determination of the Secretary under Medicare on behalf of a deceased beneficiary where no substitute party is available. Title III: Education Components - Amends SSA title XVIII to provide for education programs for physicians, providers of services, and suppliers. Requires fiscal intermediaries and carriers to do their utmost to provide health care providers with one, straight, and correct answer regarding Medicare billing and cost reporting questions, as well as their true first and last names. Requires the Secretary to establish a process for providers to request assistance in writing (advisory opinions) from fiscal intermediaries or carriers in addressing questionable Medicare coverage, billing, documentation, coding and cost reporting procedures. Title IV: Sustainable Growth Rate Reforms - Requires the inclusion of regulatory costs in the estimate of the sustainable growth rate for all physicians' services for a fiscal year. Title V: Studies and Reports - Requires the Comptroller General to: (1) audit and report to Congress on Health Care Financing Administration compliance with statutes administered by it and with administrative procedure and other requirements under Federal civil service law; and (2) study and report to Congress on whether policies or enforcement efforts against health care providers have reduced access to care for Medicare beneficiaries.
Bill· HRH.R. 5198 (106th)referred
United States · United States Congress · 18 September 2000
Children's Research Protection Act - Directs the Secretary of Health and Human Services to: (1) review regulations concerning the protection of children participating as subjects in research and implement any modifications necessary to ensure their protection; (2) require that all such research conducted, supported, or regulated by the Department of Health and Human Services complies with such regulations; (3) award grants to qualified academic research institutions and research networks to provide training in pediatric clinical pharmacology; (4) establish a pediatric research loan repayment program under which pediatricians agree to conduct pediatric research in return for the Government repaying up to $35,000 of their educational loans; and (5) establish a loan forgiveness program under which qualified health care professionals conduct research into childhood diseases in return for the Government repaying up to $35,000 of their educational loans.
Bill· SS. 3057 (106th)open
United States · United States Congress · 15 September 2000
Patients' Bill of Rights Act - Amends the Public Health Service Act (PHSA), the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code (IRC) to protect consumers in managed care plans and other health coverage. Sets forth standards relating to: (1) grievance and appeals procedures; (2) access to care; (3) access to information; and (4) protection of the doctor-patient relationship. Applies such quality care and patient protection standards to group health plans, group health coverage, and individual health coverage under specified provisions of PHSA, ERISA, and IRC. Directs the Secretaries of Labor, of Health and Human Services (HHS), and of the Treasury to ensure coordination in the implementation of this Act. Establishes the Health Care Panel to Devise a Uniform Explanation of Benefits. Requires the Panel to devise a single form for use by third-party health care payers for remittance of claims to providers. Directs the Secretary of HHS to determine the composition of the Panel, including equal numbers of representatives from specified types of groups. Prohibits this Act from having any effect upon the Social Security Act or its trust funds. Amends the Social Security Act to provide for sanctions for non-compliance with Medicaid State plan requirements. Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to extend authority for customs user fees through September 30, 2010.
Bill· SS. 3058 (106th)open
United States · United States Congress · 15 September 2000
Patients' Bill of Rights Act - Amends the Public Health Service Act (PHSA), the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code (IRC) to protect consumers in managed care plans and other health coverage. Sets forth standards relating to: (1) grievance and appeals procedures; (2) access to care; (3) access to information; and (4) protection of the doctor-patient relationship. Applies such quality care and patient protection standards to group health plans, group health coverage, and individual health coverage under specified provisions of PHSA, ERISA, and IRC. Directs the Secretaries of Labor, of Health and Human Services (HHS), and of the Treasury to ensure coordination in the implementation of this Act. Establishes the Health Care Panel to Devise a Uniform Explanation of Benefits. Requires the Panel to devise a single form for use by third-party health care payers for remittance of claims to providers. Directs the Secretary of HHS to determine the composition of the Panel, including equal numbers of representatives from specified types of groups. Prohibits this Act from having any effect upon the Social Security Act or its trust funds.
Bill· SS. 3046 (106th)open
United States · United States Congress · 14 September 2000
Bankruptcy Reform Act of 2000- Title I: Needs Based Bankruptcy - Amends Federal bankruptcy law to revamp guidelines governing dismissal or conversion of a Chapter 7 liquidation petition (complete relief in bankruptcy) to one under Chapter 13 (Adjustment of Debts of an Individual with Regular Income). Allows a bankruptcy panel trustee and any party in interest to move for such dismissal or conversion (current law prohibits a party in interest from such motions). Lowers the "substantial abuse" standard for dismissal or conversion to one of simple abuse. Replaces the presumption in favor of granting the relief sought by the debtor with a presumption that abuse exists if the debtor's current monthly income exceeds specified formulae. (Sec. 102) Provides that the presumption of abuse may be rebutted only with detailed documentation of special circumstances requiring additional expenses or adjustment of current monthly total income. Includes within the calculation of debtor's monthly expenses: (1) those expenses incurred to maintain the safety of the debtor and the debtor's family from family violence as identified under the Family Violence Prevention and Services Act or other applicable Federal law; and (2) continuation of actual expenses paid by the debtor for the care and support of an elderly, chronically ill, or disabled household or non-dependent immediate family member. Requires the debtor's counsel to: (1) reimburse the bankruptcy trustee for legal fees in prosecuting a dismissal or conversion motion if the court finds that counsel's filing under Chapter 7 was either not substantially justified, or frivolous; and (2) pay a civil penalty for the violation of certain bankruptcy rules. Requires the court, upon motion by the victim of a crime of violence or a drug trafficking crime (or at the request of a party in interest), to dismiss a voluntary case filed by an individual debtor convicted of that crime (unless the debtor establishes that filing of the case is necessary to satisfy a claim for a domestic support obligation). (Sec. 103) Directs the Secretary of the Treasury to report to certain congressional committees regarding the utilization of Internal Revenue standards for determining specified monthly expenses of a debtor and the impact of such standards upon debtors and the bankruptcy courts. (Sec. 104) Revises procedural guidelines to mandate written notice to the individual consumer debtor before commencement of a case that credit counseling services approved by the United States Trustee are available. (Sec. 105) Instructs the Director of the Executive Office for U.S. Trustees to: (1) develop a financial management training curriculum and materials to educate individual debtors on how to better manage their finances; and (2) test, evaluate, and report to the Congress on the curriculum's effectiveness. (Sec. 106) Precludes an individual debtor from filing under Federal bankruptcy law unless the individual has received a briefing from an approved nonprofit credit counseling service prior to filing a bankruptcy petition, unless the U.S. trustee or bankruptcy administrator determines that the service for the district in which the debtor lives is not reasonably able to provide adequate services to the additional individuals who would otherwise seek credit counseling because of such requirement. Conditions a Chapter 7 or Chapter 13 discharge in bankruptcy upon the debtor's completion of an approved instructional course concerning personal financial management. Prohibits such counseling service from informing a credit reporting agency whether an individual debtor has received or sought personal financial management instruction. Establishes civil penalties for noncompliance. Title II: Enhanced Consumer Protection - Subtitle A: Penalties for Abusive Creditor Practices - Cites circumstances under which the court may reduce by up to 20 percent a claim based in whole upon unsecured consumer debts if the debtor can show by clear and convincing evidence that the claim was filed by a creditor who unreasonably refused to negotiate a reasonable alternative repayment schedule proposed by an approved credit counseling agency acting on the debtor's behalf. (Sec. 202) Modifies guidelines governing the discharge of a debtor's liability, as well as the automatic stay, to entitle an individual who is injured by the willful failure of a creditor to credit payments received to bring an action for actual damages and legal fees. (Sec. 203) Modifies debt reaffirmation guidelines governing wholly unsecured consumer debts to mandate specified detailed disclosures and explanations to the debtor for dischargeable debt agreements. Amends Federal criminal law to instruct the Attorney General to designate U.S. attorneys and agents of the Federal Bureau of Investigation to implement enforcement activities in addressing: (1) abusive reaffirmations of debt; and (2) materially fraudulent statements in bankruptcy schedules that are intentionally false or misleading. Directs the bankruptcy court to establish procedures for referring those cases to such U.S. attorneys and agents of the Federal Bureau of Investigation. Subtitle B: Priority Child Support - Revises Chapter 7 priority payment guidelines to place within the first priority claim category certain claims for domestic support obligations, on the condition that funds received by a governmental unit be applied in a prescribed order. (Sec. 213) Conditions court confirmation of a debt repayment plan under Chapters 12 (Debts of a Family Farmer) and 13 (and the subsequent discharge of debts) upon certification of debtor's full payment of all adjudicated domestic support obligations that are due after the petition filing date. (Sec. 214) Excepts from an automatic stay specified choses-in-action pertaining to domestic support obligations proceedings including: (1) child custody or visitation; (2) dissolution of marriage; (3) domestic violence; (4) withholding of income that is property of the bankrupt estate for payment of domestic support obligations; (5) suspension of drivers' licenses and professional licenses; (6) reporting of overdue support owed by a parent to certain consumer reporting agencies; (7) interception of specified tax refunds; and (8) enforcement of medical obligations under title IV, part D (Child Support and Establishment of Paternity) of the Social Security Act. (Sec. 215) Revamps guidelines governing the nondischargeability of certain debts for alimony, maintenance, and support to repeal the exceptions granted the debtor under specified conditions. (Sec. 216) Modifies guidelines governing property exempt from the bankruptcy estate to declare such property liable for fraud or defalcation while acting in a fiduciary capacity, embezzlement, or larceny. Repeals the liability of such property for domestic support obligations. (Sec. 217) Precludes the bankruptcy trustee from avoiding a transfer that is a bona fide payment of a debt for a domestic support obligation. (Sec. 218) Redefines "disposable income" received by certain debtors to include income not reasonably expected to be expended for a child support, foster care, or disability payment for a dependent child made in accordance with nonbankruptcy law. (Sec. 219) Sets forth the duties of the bankruptcy trustee under chapters 7, 11, 12, and 13 regarding a claim against an individual debtor for the collection of child support, including notifying the claim holder and the appropriate State child support agency of the debtor's location. (Sec. 220) Expands the exceptions to nondischargeable debts to include certain qualified educational loans which, if not discharged, would impose an undue hardship upon either the debtor or the debtor's dependent. Subtitle C: Other Consumer Protections - Modifies guidelines governing nonattorney bankruptcy petition preparers to mandate that as a prerequisite to any collection of fees for services: (1) such preparers officially disclose to debtors that they cannot practice law or give legal advice; and (2) such disclosure be signed by the debtor and filed with the requisite court documents. Prescribes enforcement and penalty guidelines for preparer noncompliance. (Sec. 222) Expresses the sense of the Congress that States should develop curricula relating to the subject of personal finance, designed for use in elementary and secondary schools. (Sec. 223) Places in the tenth order of prioritized claims against the bankrupt estate any death or personal injury claims resulting from the unlawful operation of a motor vehicle or vessel because the debtor was drug or alcohol-impaired. (Sec. 224) Permits an individual debtor to exempt from the property of the bankrupt estate certain tax-exempt retirement funds that have not been obligated in connection with any extension of credit. Exempts from either an automatic stay or a discharge in bankruptcy specified income withheld from the debtor pursuant to pension or profit sharing plans sponsored by such debtor's employer to pay certain loans from such plans. (Sec. 225) Sets forth criteria for excluding certain education individual retirement accounts from the property of the bankruptcy estate if the designated beneficiary is a child or grandchild of the debtor. Title III: Discouraging Bankruptcy Abuse - Modifies exceptions to a discharge in bankruptcy to prohibit discharge of a filing fee imposed by any court upon a prisoner. (Sec. 302) Terminates the automatic stay 30 days after filing of a petition if a chapter 7, 11, or 13 petition was pending and dismissed the previous year, unless the subsequent filing is in good faith. Delineates conditions under which a history of previous petitions in bankruptcy give rise to a rebuttable presumption that the case is not filed in good faith. (Sec. 303) Directs the court to grant relief from the automatic stay upon request of a party in interest with respect to certain real property actions if the court finds that filing the bankruptcy petition was part of a scheme to delay, hinder, and defraud creditors. Denies automatic stay protections regarding certain creditors' enforcement actions against real property for a specified period following a prior order in bankruptcy which forbade the debtor from being a debtor in another bankruptcy case. (Sec. 304) Modifies debtor's duties to mandate specified affirmative actions to be taken by a chapter 7 debtor, including reaffirmation of the debt, or redemption of the property within 45 days, in order to retain possession of personal property. Allows a creditor to take action with respect to such property under nonbankruptcy law if the debtor fails to act within 45 days, unless the court determines upon trustee motion that such property is of consequential value or benefit to the estate. (Sec. 305) Declares that the automatic stay is terminated regarding property of the debtor's estate securing a claim or subject to an unexpired lease, if the debtor fails to complete an intended surrender of consumer debt collateral within a revised, accelerated time frame (unless the court determines upon trustee motion that such property is of consequential value or benefit to the estate). (Sec. 306) Instructs the bankruptcy court to confirm a chapter 13 plan if it provides that the holder of a secured allowed claim shall retain the attendant lien until payment or discharge of all debts. Provides that if a chapter 13 proceeding is dismissed or converted without completion of the plan, the holder shall retain such lien to the extent recognized by applicable nonbankruptcy law. Provides that statutory guidelines to determine the secured status of a creditor's claim do not apply if the underlying debt was incurred within the five-year period preceding the filing of the bankruptcy petition and the collateral for that debt consists of a motor vehicle acquired for the debtor's personal use (or if the collateral consists of any other thing of value if the debt was incurred during the six-month period preceding such filing). (Sec. 307) Increases from 180 to 730 days the length of a debtor's location of domicile for purposes of determining which State law governs the debtor's selection of property exempt from the bankrupt estate. (Sec. 308) Reduces the value of the homestead exemption and debtor's burial plot to the extent it is attributable to any portion of any property that is disposed by the debtor within the 730-day period ending on the bankruptcy petition filing date with the intent to obstruct or defraud a creditor, and that the debtor could not exempt. (Sec. 309) Revises requirements governing the effects of conversion from chapter 13 to another chapter. Declares that: (1) valuations of property and of allowed secured claims in a chapter 13 case shall not apply in a case converted to chapter 7; and (2) with respect to cases converted from chapter 13, the claim of any creditor holding security as of the date of the petition shall continue to be secured by that security unless the full amount of that claim, as determined under applicable nonbankruptcy law, has been paid in full as of the date of conversion. States that a prebankruptcy default shall have the effect given under applicable nonbankruptcy law unless it has been fully cured pursuant to the plan at the time of conversion. Provides for a chapter 7 debtor's assumption of executory contracts and unexpired leases of personal property. Declares that in a chapter 11 case in which the debtor is an individual, and in a chapter 13 case, if the lease is not assumed in the plan, it is rejected (and no longer subject to an automatic stay) as of the plan's confirmation date. Delineates a cash payment plan for chapter 13 debtors for payments to any lessor of personal property and to any creditor holding a claim secured by personal property to ensure adequate protection to the claim holder during the payment period. (Sec. 310) Reduces from the threshold amounts of luxury goods and consumer credit cash advances presumed nondischargeable in bankruptcy, if acquired within 90 days and 70 days, respectively (currently 60 days) before an order for relief is issued. (Sec. 311) Prohibits an automatic stay of any eviction, unlawful detainer action, or similar proceeding by a lessor against a debtor involving residential real property in which: (1) the debtor resides and has not paid rent after the commencement and during the course of the case; (2) the rental agreement has terminated; (3) the debtor has previously filed within the last year and failed to pay post-petition rent during the course of that case; or (4) eviction actions are based upon endangerment to property or person or the use of illegal drugs. (Sec. 312) Extends the period between chapter 7 discharges to eight years, and between chapter 13 discharges to five years. (Sec. 314) Declares nondischargeable in bankruptcy: (1) debts intentionally incurred to pay a nondischargeable debt with the intent to discharge the newly-created debt; and (2) all debts incurred to pay nondischargeable debts, without regard to intent, if incurred within 70 days of the filing of the petition. Treats a debt incurred to pay child or spousal support as a dischargeable debt (in order to preclude such support from having to compete with the nondischargeable debt). Revamps Chapter 13 debt discharge guidelines. Prohibits discharge from a debt for restitution or damages awarded in a civil action against the debtor for willful or malicious injury that caused personal injury or death of an individual. (Sec. 315) Prescribes notice procedures for chapter 7 and chapter 13 creditors. Expands debtor's duties to require filing with the bankruptcy court of: (1) all tax returns; (2) evidence of payments received; (3) monthly net income projections; and (4) anticipated debt or expenditure increases. Permits a chapter 7 or chapter 13 creditor to request the debtor's petition, schedules, and statement of affairs, including the debt adjustment plan filed by the debtor. Mandates debtor compliance within five days of such request. Mandates that, at the time of filing with the taxing authority, a chapter 7 or 13 debtor file with the bankruptcy court specified tax documentation pertaining to the period from case commencement until case termination. Requires a chapter 13 debtor to file with the court a statement of income and expenditures in the preceding tax year, and monthly net income, showing how calculated. Makes debtor's mandatory documentation available for inspection and copying to certain bankruptcy officers and any party in interest. Requires debtors to furnish driver's license, passport, or other photograph-containing documentation establishing debtor identification. (Sec. 316) Provides for automatic dismissal if a chapter 7 debtor fails to furnish all mandatory information, or fails to timely file the requisite schedules. Requires the court to order dismissal within five days of a request by a party in interest for the debtor's failure to timely submit requisite documentation. (Sec. 317) Requires a Chapter 13 confirmation hearing to be held not later than 45 days after the first meeting of creditors. Mandates filing of a Chapter 13 debt readjustment plan within 90 days of the order for relief. (Sec. 318) Prohibits such plan (with certain exceptions) from providing for payments over a period that is longer than three years. (Sec. 319) Expresses the sense of the Congress that rule 9011 of the Federal Rules of Bankruptcy Procedure should include a requirement that all debtors' documents be submitted to the court only after debtors have made reasonable inquiry to verify that all information therein is well grounded in fact, and warranted by existing law or a good faith argument for extension, modification or reversal of existing law. (Sec. 320) Revises automatic stay guidelines to provide that in the case of an individual filing under chapters 7, 11, or 13, the automatic stay shall terminate 60 days after a request for its release by a party in interest, unless the court orders or the parties agree to a longer time. (Sec. 321) Revamps guidelines governing a Chapter 11 business reorganization case filed by an individual to: (1) identify the property of the estate in bankruptcy; and (2) revise the contents, confirmation, and modification of a reorganization plan. (Sec. 322) Excludes employee benefit plan participant contributions from the property of the bankruptcy estate. (Sec. 324) Prohibits a debtor from exempting from the estate in bankruptcy any amount of interest that exceeds in the aggregate $100,000 in value in: (1) real or personal property used as a residence; (2) a cooperative that owns property used as a residency by the debtor or debtor's dependent; or (3) a burial plot for the debtor or debtor's dependent. (Sec. 325) Amends the Federal judiciary code to: (1) grant the district court presiding over a title 11 case exclusive jurisdiction over property of the debtor and of the estate, as well as to claims relating to employment or disclosure of bankruptcy professionals; and (2) increase bankruptcy fees and the amounts deposited as offsetting collections to both the United States Trustee Systems Fund, and to a special fund of the Treasury available to offset funds appropriated for court operation and maintenance. (Sec. 328) Amends Federal bankruptcy law to exclude from a discharge in bankruptcy any debt arising from actions: (1) to protect access to reproductive health service facilities; or (2) that result from debtor's intimidation of or interference with a person's obtaining or providing such health services, or from damage or destruction of health care facility property. Title IV: General and Small Business Bankruptcy Provisions - Subtitle A: General Business Bankruptcy Provisions - Revises circumstances under which enforcement of rights and remedies of a secured party in either rolling stock equipment, or aircraft equipment and vessels, is subject to the automatic stay. (Sec. 402) Denies a debtor an automatic stay of the commencement of an investigation or action by a securities self-regulatory organization to enforce compliance with its regulations, or of the enforcement of any order or decision obtained by such an organization, other than for monetary sanctions. (Sec. 403) Authorizes the bankruptcy court, upon request of a party in interest, to order that the U.S. trustee not convene a meeting of creditors or equity security holders if the debtor has filed a plan for which acceptances have been solicited before commencement of the case. (Sec. 405) Amends guidelines for rejection and surrender of executory contracts and unexpired leases. (Sec. 406) Authorizes a chapter 11 court to increase the membership of a committee of creditors and equity security holders to include a creditor that is a small business concern following a determination that such creditor holds claims of the kind represented by the committee, the aggregate amount of which is disproportionately large in comparison to the creditor's annual gross revenue. Requires such committee to provide access to information to certain creditors who are not committee members. (Sec. 407) Prohibits the bankruptcy trustee from avoiding a warehouseman's lien for costs incidental to the storage and handling of certain goods. (Sec. 409) Directs the bankruptcy court to treat the compensation awarded a trustee as a commission based on the results achieved. (Sec. 410) States that acceptance or rejection of a chapter 11 plan may be solicited from a holder of a claim or interest if: (1) the solicitation complies with applicable nonbankruptcy law; and (2) it was made before commencement of the case in a manner complying with applicable nonbankruptcy law. (Sec. 411) Prohibits the bankruptcy trustee from avoiding a transfer if, in a case filed by a debtor whose debts are not primarily consumer debts, the aggregate value of all property that constitutes or is affected by such transfer is less than $5,000. (Sec. 413) Limits the extensions of time permitted for filing a chapter 11 reorganization plan. (Sec. 414) Denies a discharge in bankruptcy for a debt for a fee or assessment arising from a debtor's interest in a lot in a homeowners association for as long as the debtor retains specified interests in such lot. (Sec. 415) Authorizes a creditor holding a consumer debt to participate in a meeting of creditors in a chapter 7 or 13 case, either alone or in conjunction with an attorney. (Sec. 416) Removes investment bankers from the definition of "disinterested person." (Sec. 420) Amends the Federal judicial code to authorize the district court or bankruptcy court to waive the Chapter 7 filing fee and other attendant fees for certain chapter 7 debtors the court has determined to be unable to pay fees in installments. (Sec. 421) Directs the Advisory Committee on Bankruptcy Rules of the Judicial Conference of the United States to propose amended Federal Rules of Bankruptcy Procedure and Official Bankruptcy Forms directing chapter 11 debtors to disclose information relating to the value, operations, and profitability of any closely held corporation, partnership, or other entity in which the debtor holds a substantial or controlling interest. Subtitle B: Small Business Bankruptcy Provisions - Sets forth mandatory factors for court consideration in determining whether the disclosure statement regarding a small business reorganization plan provides adequate information. (Sec. 432) Defines a small business debtor, generally, as a person (including a debtor affiliate) with not more than $3 million in aggregate non-contingent, liquidated secured and unsecured debts as of the date of the petition or the order for relief (excluding debts owed to one or more affiliates or insiders). (Sec. 433) Directs the Advisory Committee on Bankruptcy Rules of the Judicial Conference (Advisory Committee) to propose for adoption standardized disclosure statements and plans of reorganization for small business debtors. (Sec. 434) Sets forth uniform national reporting requirements for small business debtors. (Sec. 435) Directs the Advisory Committee to propose for adoption revisions to the Federal Rules of Bankruptcy Procedure and Official Bankruptcy Forms enabling small business debtors to comply with such uniform national reporting requirements. (Sec. 436) Sets forth duties and administrative procedures in small business reorganization cases, including serial filer provisions and expanded grounds for dismissal or conversion and appointment of a trustee. (Sec. 443) Directs the Small Business Administration to study and report to the Congress on: (1) the factors that cause small businesses to become debtors in bankruptcy; and (2) how Federal bankruptcy laws can be made more efficient in assisting small businesses to retain their viability. (Sec. 444) Revises the circumstance where a debtor has commenced monthly payments to each secured interest creditor to allow the debtor, in the debtor's sole discretion, to make such payments from rents or other income generated before or after the commencement of the case by or from the property. Requires such payments in an amount equal to the interest on the value of the creditor's interest in the real estate, determined at the then-applicable contract rate of interest (currently, at the fair market rate). Title V: Municipal Bankruptcy Provisions - Makes technical amendments to requirements for a municipal bankruptcy petition. Title VI: Improved Bankruptcy Statistics and Data - Amends the Federal judicial code to require each U.S. trustee to report to the Attorney General on audit results in bankruptcy cases. Requires the Attorney General to establish random audits of individual cases. (Sec. 602) Amends the Federal judicial code to require the clerk of each district to compile bankruptcy statistics for individual debtors with primarily consumer debts seeking relief under chapters 7, 11, and 13. Directs the Administrative Office of the United States Courts (Administrative Office) to make such statistics public and to report them annually to the Congress. (Sec. 603) Instructs the Attorney General to promulgate requirements for uniform forms for: (1) final reports by trustees in cases under chapters 7, 12, and 13; and (2) periodic reports by chapter 11 debtors or trustees in possession. Prescribes report contents. (Sec. 604) Expresses the sense of the Congress that: (1) the national policy should be that all public record data held in electronic form by bankruptcy clerks should be released in electronic form in bulk to the public subject to appropriate privacy concerns and safeguards as the Judicial Conference of the United States may determine; and (2) a bankruptcy data system should be established in which a single set of data definitions is used to collect data nationwide, and in which all data for any particular bankruptcy case are aggregated in the same electronic record. Title VII: Bankruptcy Tax Provisions - Amends the bankruptcy code to modify the treatment of certain tax liens. (Sec. 702) Provides that a claim for debtor's liability for fuel tax which is filed by the base jurisdiction designated under the International Fuel Tax Agreement shall be allowed as a single claim. (Sec. 703) Mandates that the clerk of each district maintain a listing under which a governmental entity responsible for the collection of taxes within such district may designate an address for service of requests and describe where further information for filing such requests may be found. (Sec. 704) Prescribes the rate of interest to be paid on mandatory interest payments on tax claims. (Sec. 705) Revises the specifications for income tax claims receiving eighth priority (allowed unsecured claims of governmental units). Provides for tolling of the time periods covering such tax claims for stays of proceedings in a prior bankruptcy case, and the pendency or effect of offers in compromise or installment agreements. (Sec. 708) States that confirmation of a bankruptcy plan does not discharge a corporate debtor from any debt for a tax or customs duty with respect to which the debtor made a fraudulent return or willfully attempted to evade or defeat such tax. (Sec. 709) Amends the automatic stay of U.S. Tax Court proceedings concerning the debtor to restrict such stay to tax liability for a taxable period ending before the order for relief. (Sec. 710) Includes among the requirements for court confirmation of a chapter 11 bankruptcy plan which includes tax claims, that the debtor, at the minimum, make regular cash installment payments over a period ending not later than five years after the date of entry of the order for relief, and in a manner not less favorable than the most favored nonpriority unsecured claim provided for in the plan. (Sec. 711) Prohibits the avoidance of statutory tax liens by certain purchasers. (Sec. 712) Amends the Federal judicial code to require officers and agents conducting any business under court authority to pay all Federal, State and local taxes when due in the course of the business, unless it is a property tax secured by a lien against estate property which is abandoned by the bankruptcy trustee, or payment of the tax is excused under a specific bankruptcy law. Cites circumstances in which payment of such taxes may be deferred in a case pending under chapter 7 until final distribution is made. Entitles to administrative expense priority payment certain secured and postpetition unsecured taxes incurred by the bankruptcy estate, including ad valorem property taxes. Declares that a governmental unit shall not be required to file a request for the payment of administrative expenses relating to a tax liability or tax penalty. Allows a trustee to recover from property securing a claim for the payment of all ad valorem property taxes relating to such property. (Sec. 713) Requires as a condition for payment of tardily filed priority tax claims that they be filed either before the trustee commences distribution or ten days following the mailing to creditors of the summary of the trustee's final report, whichever is earlier (currently, before the trustee commences distribution of the estate). (Sec. 714) Makes nondischargeable any obligations based on income tax returns or equivalent reports or notices prepared by tax authorities. (Sec. 715) Declares that an estate's liability for unpaid tax is discharged upon payment of such tax according to certain requirements. (Sec. 716) Conditions court confirmation of a chapter 13 bankruptcy plan upon filing by the debtor: (1) of all prepetition tax returns; and (2) before the day on which the first meeting of the creditors is convened, of all tax returns for taxable periods ending in the four-year period that ends on the date of the filing of the petition. Authorizes the court to dismiss a plan or convert it to chapter 7, whichever is in the best interests of the creditors and the estate, if a chapter 13 debtor fails to comply with such time frame. Expresses the sense of the Congress that the Advisory Committee on Bankruptcy Rules of the Judicial Conference should propose for adoption amended Federal Rules of Bankruptcy Procedure pertaining to objections to tax returns and to plan confirmation. (Sec. 717) Redefines "adequate disclosure," for postpetition disclosure and solicitation purposes, to include full discussion of the potential material Federal and State tax consequences of the plan to the debtor and to a hypothetical investor domiciled in the State in which the debtor resides or has its principal place of business typical of the holders of claims or interests in the case. (Sec. 718) Denies an automatic stay (unless specified conditions are met) to the setoff of an income tax refund for a taxable period which ended before the order for relief against an income tax liability for a taxable period which also ended before the order for relief. (Sec. 719) Revises special provisions related to the treatment of State and local taxes, including the creation of a separate taxable estate when such is done for Federal tax purposes. (Sec. 720) Provides that if the debtor fails to timely file a tax return or obtain an extension, a taxing authority may petition the court to convert or dismiss a case, whichever is in the best interests of creditors and the estate. Title VIII: Ancillary and Other Cross-Border Cases - Expands the scope of bankruptcy law to incorporate the Model Law on Cross-Border Insolvency, and to establish a statutory mechanism for: (1) dealing with cases of cross-border insolvency; and (2) cooperation between U.S. courts, trustees, and debtors and their foreign counterparts. Prescribes guidelines for: (1) access of foreign representatives and creditors to Federal and State courts; (2) recognition of a foreign proceeding and relief; (3) cooperation and direct communication with foreign courts and representatives; and (4) concurrent proceedings and the coordination of foreign and domestic proceedings. Title IX: Financial Contract Provisions - Amends Federal bankruptcy law to: (1) deny an automatic stay to set-offs under certain swap agreements and netting agreements; and (2) restrict the avoidance power of the bankruptcy trustee regarding certain master netting agreement transfers to those transfers that are fraudulent in nature. (Sec. 901) Sets forth guidelines for: (1) the termination or acceleration of designated contracts and agreements; and (2) commodity broker and stockbroker liquidation with respect to the priority of unsecured claims, or customer property or distributions. (Sec. 902) Specifies the date for the measure of damages in connection with: (1) rejection by the bankruptcy trustee of swap agreements, securities contracts, forward contracts, commodity contracts, repurchase agreements, or master netting agreements; or (2) their liquidation, acceleration, or termination by a forward contract merchant, stockbroker, financial institution, securities clearing agency, repo participant, financial participant, master netting agreement participant, or swap participant. (Sec. 903) Declares that property of the bankrupt estate does not include any eligible asset (or its proceeds) to the extent that it was transferred by the debtor before commencement of the case to an eligible entity in connection with an asset-backed securitization (except to the extent that such asset, or its proceeds or value, may be recovered through avoidance by the bankruptcy trustee). Title X: Protection of Family Farmers And Family Fishermen - Amends the Federal bankruptcy code to: (1) reenact Chapter 12, Adjustment of Debts of a Family Farmer with Regular Annual Income (thereby reinstating family farmer bankruptcy relief); (2) define a family farmer as one more than 50 percent of whose gross income was received from a farming operation during at least one of the three taxable years (instead of the single taxable year) preceding the taxable year in which the bankruptcy petition was filed; and (3) cite circumstances under which the claim of a governmental unit that arises as a result of the disposition of a farm asset used in the debtor's farming operation shall be treated as an unsecured claim not entitled to priority. (Sec. 1005) Cites circumstances under which the court shall confirm a family farmer bankruptcy plan notwithstanding the objection of the trustee or holder of an allowed unsecured claim. Prohibits any post-confirmation modification of a bankruptcy plan that would increase the amount of payments that were due before such modification. Provides that, unless the debtor proposes the modification, a modified plan may not: (1) require payments to unsecured creditors in any particular month greater than debtor's disposable income for that month based on an increase in debtor's disposable income; and (2) require in its last year, payments that would leave the debtor with insufficient funds after plan completion to carry on the farming operation. (Sec. 1006) Establishes "family fisherman" within the category of debtors entitled to bankruptcy law protection. Title XI: Health Care and Employee Benefits - Amends bankruptcy provisions to prescribe guidelines for disposal of the patient records of a health care business (not including a health maintenance organization) that commences a proceeding for debtor relief and the trustee does not have sufficient funds to pay for the storage of patient records as required by law. (Sec. 1103) Allows an administrative expense claim for the costs of closing a health care business, including disposal of patient records and transfer of patients to another health care business. (Sec. 1104) Requires the bankruptcy court to appoint an ombudsman to represent the interests of the patients of a health care business within 30 days after commencement of a case under chapter 7 (Liquidation), 9 (Adjustment of Debts of a Municipality), or 11 (Reorganization). (Sec. 1105) Requires the bankruptcy trustee to use all reasonable and best efforts to transfer patients from the health care business in the process of being closed to an appropriate substitute. (Sec. 1106) Instructs the Attorney General to establish a policy and protocols for coordinating a response to bankruptcies of health care businesses, including time frame assessment for disposal of patient records. (Sec. 1107) Denies an automatic stay to a debtor's exclusion by the Secretary of Health and Human Services from participation in the Medicare program or any other Federal health care program (thus precluding the debtor's continuation or reinstatement in such a program). Title XII: Technical Amendments - Makes technical corrections to Federal bankruptcy, judicial, and criminal law. (Sec. 1201) Redefines single asset real estate to exclude family farms and to repeal the $4 million ceiling on the amount of noncontingent, liquidated secured debts on such property. Defines the term "transfer" to include: (1) creation of a lien; (2) retention of title as a security interest; (3) foreclosure of the debtor's equity of redemption; and (4) every mode of disposing of property or parting with an interest in property. (Sec. 1202) Requires triennial adjustment of: (1) the $5,000 value of certain implements, professional books, tools of the trade, farm animals, and crops which a debtor may exempt from the property of the estate (protecting them from creditors' liens); and (2) the national median household income calculated monthly. (Sec. 1206) Provides that a trustee or a creditors' and equity security holders' committee may pay a professional person they employ on a fixed or percentage fee basis, as well as on other bases already permitted. (Sec. 1208) Excludes from compensable professional services any expenses incurred by an individual member of a creditors' and equity security holders' committee. (Sec. 1209) Declares nondischargeable in bankruptcy a debt for death or personal injury caused by the debtor's operation of a watercraft or aircraft while intoxicated from alcohol, a drug, or other substance. Limits the nondischargeability of fees imposed by a court to fees so imposed on a prisoner. (Sec. 1213) Revises guidelines governing preferences to provide that, if the trustee avoids a security interest given between 90 days and one year before the date of the filing of the petition, by the debtor to a non-insider for the benefit of a creditor that is an insider, then such security interest shall be considered to be avoided only with respect to the insider creditor. (Sec. 1222) Permits the bankruptcy trustee to sell, use, or lease property in accordance with nonbankruptcy law governing the transfer of property by nonprofit charitable corporations, if doing so is not inconsistent with certain relief granted under the automatic stay. (Sec. 1223) Extends from 20 to 30 days the length of time after a debtor receives possession of property for perfection of a security interest in such property created by a transfer which the trustee may not avoid. (Sec. 1225) Bankruptcy Judgeship Act of 2000- Amends the Federal judicial code to mandate appointments for additional temporary bankruptcy judgeships in California, Florida, Maryland, Michigan, Mississippi, New Jersey, New York, Pennsylvania, Tennessee, and Virginia. Provides that the first vacancy occurring in such district five years or more after a judge is appointed under this Act shall not be filled. Extends temporary bankruptcy judgeship positions authorized for the northern district of Alabama, the eastern district of Tennessee, and the districts of Delaware, Puerto Rico, and South Carolina. (Sec. 1226) Defines family fishermen debtors for bankruptcy purposes. (Sec. 1227) Prescribes compensation guidelines for the services and expenses of a trustee who has successfully petitioned the court to convert or dismiss a chapter 7 case. (Sec. 1229) Amends the Truth in Lending Act (TILA) to mandate inclusion of an electronic version of or link to a Federal Trade Commission pamphlet on choosing and using credit cards in any electronic transaction or transmission concerning a credit card account under an open end consumer credit plan. (Sec. 1230) Amends the bankruptcy code to: (1) prohibit a political committee subject to Federal Election Commission (FEC) jurisdiction from filing for bankruptcy; and (2) include among nondischargeable debts any fines or penalties imposed under Federal election law. (Sec. 1232) Amends TILA to prohibit certain retroactive finance charges to a credit card account under an open end credit plan for payments made during a grace period applicable to any new extension of credit under the account. (Sec. 1233) Instructs the Board of Governors of the Federal Reserve System to report to certain congressional committees as to whether and how financial institutions consider the residential location of a credit card applicant in deciding whether an applicant should be granted such credit card. (Sec. 1234) Requires the Director of the Administrative Office of the U.S. Courts to develop materials and conduct training useful to courts in implementing this Act. (Sec. 1235) Amends Federal bankruptcy law to modify the right of the seller of goods to the debtor to reclaim such goods if the debtor received such goods while insolvent. Limits the period of receipt to 45 days before commencement of the case, and the time during which the seller may demand reclamation to 45 days after receipt, or before 20 days after commencement of the bankruptcy case. (Sec. 1236) Prohibits a court from granting a discharge in a chapter 7 case, or from confirming a reorganization plan in a chapter 11 or 13 case, unless requested tax documents are filed with or otherwise provided to the court. (Sec. 1238) Expresses the sense of Congress that: (1) consumer credit may sometimes be offered indiscriminately without lender action to ensure consumer repayment capacity, and in a manner which may encourage additional debt accumulation; and (2) resulting consumer debt may increasingly be a major contributing factor to consumer insolvency. Instructs the Board of Governors of the Federal Reserve System to study indiscriminate solicitation and extension of credit by the credit industry. Authorizes the Board to: (1) promulgate regulations requiring additional disclosures to consumers; and (2) take measures to ensure responsible industrywide practices and prevent resulting consumer debt and insolvency. (Sec. 1239) Cites circumstances in which property of the estate in bankruptcy does not include tangible personal property pledged or sold by the debtor as collateral for a loan or money advance, and the pledgee or transferee possesses such property. (Sec. 1240) Amends TILA to require a creditor that maintains a toll-free telephone number informing customers of the actual number of months needed to repay an outstanding balance to declare on each billing statement: "Making only the minimum payment will increase the interest and the time to repay the balance. For more information, call this toll-free number." Title XIII: General Effective Date; Application of Amendments - Sets forth the effective date of this Act and the application of its amendments. Title XIV: Financial Institutions Insolvency Improvement - Financial Institutions Insolvency Improvement Act of 2000 - Amends the Federal Deposit Insurance Act (FDIA) to redefine specified contracts, agreements, and transfers entered into with an insolvent insured depository institution before the appointment of a conservator or receiver. (Sec. 1402) Declares that no person shall be stayed or prohibited from exercising any right to cause the acceleration of any qualified financial contract with an insured depository institution which arises upon the appointment of the Federal Deposit Insurance Corporation (FDIC) as receiver at any time after such appointment. (Sec. 1403) Declares that no provision of law shall be construed as limiting the right or power of the FDIC, or authorizing any court or agency to limit or delay, in any manner, the FDIC's right or power to transfer, disaffirm, or repudiate any qualified financial contract of a failed institution. Prohibits enforcement of a walkaway clause in a qualified financial contract of a failed insured depository institution (a clause that either does not create a payment obligation of a party, or extinguishes it solely because of such party's status as a nondefaulting party). (Sec. 1404) Revises guidelines governing transfers of qualified financial contracts of an insolvent institution to include: (1) transfers to a foreign bank or foreign financial institution (including its branch or agency) (but only when the contractual rights of the parties to such qualified financial contracts are enforceable substantially to the same extent as permitted under such Act); and (2) transfers of contracts subject to the rules of a clearing organization. Defines financial institution to include a broker or dealer, a depository institution, a futures commission merchant, or any other institution as determined by FDIC regulation. Suspends certain termination rights of counterparties to a qualified financial contract with an insolvent insured depository institution until after the receiver's appointment, or after receipt of notice that the contract has been transferred. Declares that none of the following institutions shall be considered a financial institution for which a conservator, receiver, trustee in bankruptcy, or other legal custodian has been appointed or which is otherwise the subject of a bankruptcy or insolvency proceeding: (1) a bridge bank; or (2) an FDIC-organized depository institution for which a conservator is appointed either immediately upon organization, or at the time of a purchase and assumption transaction between such institution and the FDIC as receiver for a depository institution in default. (Sec. 1405) Prescribes guidelines for: (1) the disaffirmance or repudiation of qualified financial contracts by the conservator or receiver for a failed depository institution; and (2) the treatment of a master agreement as a single agreement and as a single qualified financial contract. (Sec. 1407) Amends the Federal Deposit Insurance Corporation Improvement Act of 1991 to make conforming amendments with respect to: (1) bilateral netting contracts; (2) security agreements; (3) clearing organization netting contracts; (4) contracts with uninsured national banks; and (5) contracts with uninsured Federal branches or agencies. (Sec. 1408) Amends the FDIA to authorize the FDIC to prescribe more detailed recordkeeping requirements for qualified financial contracts (including market valuations) by insured depository institutions. (Sec. 1409) Exempts specified collateralization agreements from the contemporaneous execution requirement that renders invalid certain agreements against FDIC interests in certain asset acquisitions. (Sec. 1410) Amends the Securities Investor Protection Act of 1970 to provide that neither the filing of a protective decree by the Securities Investor Protection Corporation, nor any court protective order, shall operate as a stay of a creditor's contractual rights to liquidate, terminate, or accelerate designated contracts and agreements. Allows such application, order, or decree, however, to operate as a stay of foreclosure on securities collateral pledged by the debtor, whether or not with respect to one or more of such contracts, agreements, or securities sold by the debtor under a repurchase agreement. (Sec. 1411) Amends the Federal Reserve Act to increase the types of acceptances eligible to meet Federal Reserve collateral requirements. Title XV: Methamphetamine and Other Controlled Substances - Methamphetamine Anti-Proliferation Act of 2000 - Subtitle A: Methamphetamine Production, Trafficking, and Abuse - Chapter 1: Criminal Penalties - Directs the United States Sentencing Commission (the Commission) to amend the Federal sentencing guidelines with respect to any offense relating to the manufacture, importation, exportation, or trafficking in amphetamine (including an attempt or conspiracy to do any of the foregoing) in violation of the Controlled Substances Act (CSA), the Controlled Substances Import and Export Act (CSIEA), or the Maritime Drug Law Enforcement Act (MDLEA), by reviewing and amending its guidelines to provide for increased penalties such that those penalties are comparable to the base offense level for methamphetamine. (Sec. 1511) Directs the Commission to: (1) ensure that the sentencing guidelines for offenders of such offenses reflect the heinous nature of such offenses, the need for aggressive law enforcement, and the extreme dangers associated with unlawful activity involving amphetamines; and (2) promulgate amendments pursuant to this Act in accordance with the procedure set forth in the Sentencing Act of 1987, as though the (emergency) authority of that Act had not expired. (Sec. 1512) Directs the Commission to: (1) amend the guidelines to increase the base offense level, with respect to any offense relating to the manufacture, attempt to manufacture, or conspiracy to manufacture amphetamine or methamphetamine in violation of the CSA, the CSIEA, or the MDLEA, by specified amounts if the offense created a substantial risk of harm to human life or the environment, or to the life of a minor or incompetent; and (2) promulgate amendments pursuant to this Act in accordance with the procedure set forth in the Sentencing Act of 1987, as though the authority of that Act had not expired. (Sec. 1513) Provides for mandatory (currently discretionary) restitution for CSA and CSIEA violations. Expands provisions regarding restitution for cleanup of clandestine laboratory sites to cover offenses involving, and reimbursement for costs incurred for the cleanup associated with, the manufacture of amphetamine (currently limited to methamphetamine), and to include reimbursement to States and local governments, as well as to the United States. Amends the Federal judicial code to provide for the deposit of certain sums from a reimbursement order into the Department of Justice (DOJ) Assets Forfeiture Fund. Makes mandatory restitution provisions applicable to the prohibition against the establishment of manufacturing operations with respect to controlled substances. Treats illicit substance manufacturing operations as crimes against property. (Sec. 1514) Amends CSA to include items primarily intended or designed for use in introducing methamphetamine into the body within the definition of "drug paraphernalia." Chapter 2: Enhanced Law Enforcement - Amends the judicial code to make sums in the DOJ Assets Forfeiture Fund available for payment for costs incurred by or on behalf of: (1) DOJ in connection with the removal, for purposes of Federal forfeiture and disposition, of any hazardous substance or pollutant or contaminant associated with the illegal manufacture of amphetamine or methamphetamine; and (2) a State or local government in connection with such removal in any case in which such State or local government has assisted in a Federal prosecution relating to amphetamine or methamphetamine, to the extent such costs exceed equitable sharing payments made to such State or local government in such case. (Sec. 1521) Amends the Omnibus Crime Control and Safe Streets Act of 1968 to make funds under the drug control and system improvement (Byrne) grant program available to remove any hazardous substance or pollutant or contaminant associated with the illegal manufacture of amphetamine or methamphetamine. Requires that any sums made available from the DOJ Assets Forfeiture Fund for purposes of this section in a fiscal year supplement and not supplant any other amounts made available to DOJ in such fiscal year from other sources. (Sec. 1522) Amends CSA to modify the definition of "regulated transaction" to reduce the retail sales transaction threshold for non-safe harbor products containing pseudoephedrine or phenylpropanolamine. (Sec. 1523) Directs the Administrator of the Drug Enforcement Administration (DEA) to carry out specified programs (advanced mobile clandestine laboratory training teams, basic clandestine laboratory certification training, and clandestine laboratory recertification and awareness training) with respect to the law enforcement personnel of States and localities determined by the Administrator to have significant levels of methamphetamine- or amphetamine-related crime or projected by the Administrator to have the potential for such levels of crime in the future. Limits the duration of any such program to three years. Authorizes appropriations. (Sec. 1524) Requires the Director of National Drug Control Policy to: (1) use amounts available under this section to combat the trafficking of methamphetamine and amphetamine in areas designated as high intensity drug trafficking areas; and (2) provide funds for employing additional Federal law enforcement personnel, or facilitating the employment of additional State and local law enforcement personnel. Authorizes appropriations. Requires the Director to apportion amounts appropriated for a fiscal year pursuant to such authorization of appropriations for activities under this section among and within areas designated by the Director as high intensity drug trafficking areas based on: (1) the number of methamphetamine and amphetamine manufacturing facilities discovered by Federal, State, or local law enforcement officials in the previous fiscal year; (2) the number of methamphetamine and amphetamine prosecutions in Federal, State, or local courts in the previous fiscal year; (3) the number of methamphetamine and amphetamine arrests by Federal, State, or local courts in the previous fiscal year; (4) the amounts of methamphetamine, amphetamine, or listed chemicals seized by Federal, State, or local law enforcement officials in the previous fiscal year; and (5) intelligence and predictive data from the DEA and the Department of Health and Human Services (HHS) showing patterns and trends in abuse, trafficking, and transportation in methamphetamine, amphetamine, and listed chemicals. Requires the Director, before apportioning any funds under this section to a high intensity drug trafficking area, to certify that the law enforcement entities responsible for clandestine methamphetamine and amphetamine laboratory seizures in that area are providing laboratory seizure data to the national clandestine laboratory database at the El Paso Intelligence Center. Sets limits on administrative costs. (Sec. 1525) Authorizes the Administrator of the DEA to: (1) assist State and local law enforcement in small and mid-sized communities in all phases of investigations related to such manufacturing and trafficking; (2) staff additional regional enforcement and mobile enforcement teams related to such manufacturing and trafficking; (3) establish additional resident offices and posts of duty to assist State and local law enforcement in rural areas in combating such manufacturing and trafficking; (4) provide the Special Operations Division of DEA with additional agents and staff for specified purposes; (5) enhance the investigative and related functions of DEA's Chemical Control Program; (6) design an effective means of requiring an accurate accounting of the import and export of list I chemicals and coordinate investigations relating to their diversion; (7) develop a computer infrastructure sufficient to receive, process, analyze, and redistribute time-sensitive enforcement information from suspicious order reporting to DEA field offices and other law enforcement and regulatory agencies; and (8) establish an education, training, and communication process to alert the industry to current trends and emerging patterns in illegal amphetamine and methamphetamine manufacturing. Authorizes the Administrator to establish in DEA, and appoint personnel, for not more than: (1) 50 full-time positions, including up to 31 special agent positions; and (2) 15-full time additional positions, including up to ten diversion investigator positions, with respect to activities specified in paragraphs five through eight in the previous paragraph. Authorizes appropriations. Chapter 3: Abuse Prevention and Treatment - Amends the Public Health Service Act (PHSA) to authorize the Director of the National Institute on Drug Abuse to make grants to enter into cooperative agreements to expand the current and on-going interdisciplinary research and clinical trials with treatment centers of the National Drug Abuse Treatment Clinical Trials Network relating to methamphetamine abuse and addiction and other biomedical, behavioral, and social issues related to methamphetamine abuse and addiction. Sets forth provisions regarding permissible uses of grant funds and dissemination of research results. Authorizes appropriations. (Sec. 1532) Amends PHSA to authorize the Director of the Center for Substance Abuse Treatment to make grants to States and Indian tribes recognized by the United States that have a high rate, or have had a rapid increase, in methamphetamine or amphetamine abuse or addiction to permit such States and tribes to expand activities in connection with treatment in specific geographical areas. Sets forth grant requirements and responsibilities of the Director. Authorizes appropriations. (Sec. 1533) Amends PHSA to authorize the Administrator of the Substance Abuse and Mental Health Services Administration to make grants to and enter into contracts and cooperative agreements with public and nonprofit private entities to carry out: (1) school-based programs concerning the dangers of abuse of and addiction to methamphetamine and other illicit drugs, using methods that are effective and science-based, including initiatives that give students the responsibility to create their own anti-drug abuse education programs for their schools; and (2) community-based abuse and addiction prevention programs relating to methamphetamine and other illicit drugs that are effective and science-based. Sets forth provisions regarding permissible grant uses, priorities in making grants, program evaluation, and reporting requirements. Authorizes appropriations for expansion of abuse prevention efforts and for practitioner registration requirements. (Sec. 1534) Directs the Secretary of HHS to: (1) conduct a study on the development of medications for the treatment of addiction to amphetamine and methamphetamine; and (2) report to the Senate and House Judiciary Committees. Authorizes appropriations. Chapter 4: Reports - Directs the Secretary to include in each National Household Survey on Drug Abuse appropriate prevalence data and information on the consumption of methamphetamine and other illicit drugs in rural areas, metropolitan areas, and consolidated metropolitan areas. (Sec. 1542) Directs the Attorney General to: (1) conduct a study of the use of ordinary, over-the-counter pseudoephedrine and phenylpropanolamine products in the clandestine production of illicit drugs; and (2) report to Congress the findings and any recommendations on the need to establish additional measures to prevent diversion. Subtitle B: Controlled Substances Generally - Chapter 1: Criminal Matters - Directs the Sentencing Commission to amend the sentencing guidelines to provide for enhanced penalties for CSA and CSIEA violations involving: (1) ephedrine, phenylpropanolamine, and pseudoephedrine; and (2) other list I chemicals to reflect the dangerous nature of such offenses, the need for aggressive law enforcement action to fight such offenses, and the extreme dangers associated with unlawful activity involving methamphetamine and amphetamine. (Sec. 1551) Directs the Commission to promulgate amendments pursuant to this Act in accordance with the procedure set forth in the Sentencing Act of 1987, as though the authority of that Act had not expired. (Sec. 1552) Revises CSA mail order provisions to: (1) require that each regulated person who engages in an export transaction (currently, limited to each regulated person who engages in a transaction with a non-regulated person) submit a monthly report of each such transaction to the Attorney General; and (2) make specified exemptions from such reporting requirement, such as for certain distributions of sample packages of drug products and distributions of drug products pursuant to a valid prescription. Authorizes the Attorney General to revoke any such exemptions if drug products distributed by the regulated person are being used in violation of CSA requirements, subject to specified notification and right to an expedited hearing. (Sec. 1553) Amends CSA to increase the minimum sentences: (1) from one year to three years for a first offense of distributing controlled substances to persons under age 21, and from one to five years for a second offense; and (2) from one year to three years for a first offense of distributing them in or near a school, and from three to five years for a second offense. (Sec. 1555) Amends CSA to prohibit advertisements for the sale of drug paraphernalia and of schedule I controlled substances. (Sec. 1556) Amends CSA to prohibit and set penalties for the theft of anhydrous ammonia, or the transportation of stolen anhydrous ammonia across State lines, knowing, intending, or having reasonable cause to believe that such ammonia will be used to manufacture a controlled substance in violation of the Act. Requires the DEA Administrator to seek to enter into an agreement with Iowa State University to permit the University to expand its current research into the development of inert agents that, when added to anhydrous ammonia, eliminate its usefulness as an ingredient in methamphetamine production. Authorizes such agreement to provide $500,000, on a reimbursable basis, for such activities. Authorizes appropriations. (Sec. 1557) Amends the Federal criminal code to prohibit, and set penalties for, teaching or demonstrating: (1) the manufacture of a controlled substance, or distributing by any means information pertaining to, the manufacture of a controlled substance, with the intent that the teaching, demonstration, or information be used for, or in furtherance of, an activity that constitutes a Federal crime; or (2) to any person the manufacture of a controlled substance, or to distribute to any person, by any means, information pertaining to, such manufacture, knowing that such person intends to use the teaching, demonstration, or information for, or in furtherance of, an activity that constitutes a Federal crime. Chapter 2: Other Matters - Amends CSA to waive the requirement that practitioners who dispense narcotic drugs to individuals for maintenance or detoxification treatment annually obtain a separate registration for that purpose, and that the Attorney General register an applicant to dispense narcotic drugs to individuals for such treatment, in the case of the dispensing by a practitioner of narcotic drugs in schedule III, IV, or V, or combinations of such drugs (schedule III-V drugs) if the practitioner and the drugs meet specified conditions. Requires that: (1) the practitioner, before dispensing schedule III-V drugs to patients for maintenance or detoxification treatment, submit to the Secretary of HHS and the Attorney General a notification of intent to begin dispensing such drugs for that purpose, including certifications that the practitioner is licensed under State law and has the ability to treat and manage opiate-dependent patients, has the capacity to refer the patients for appropriate counseling and other appropriate ancillary services, and meets other specified requirements; and (2) the schedule III-V drugs have been approved for use in maintenance or detoxification treatment and have not been the subject of an "adverse determination" (i.e., requires additional standards regarding the qualifications of practitioners to provide such treatment, or requires standards regarding the quantities of the drugs that may be provided for unsupervised use). (Sec. 1561) Authorizes the Secretary to issue regulations through notice and comment rulemaking or practice guidelines to address the following: (1) approval of additional credentialing bodies and the responsibilities of additional credentialing bodies; and (2) additional exemptions from the requirements and any regulations under this section. Directs the Secretary to issue a Treatment Improvement Protocol containing best practice guidelines for the treatment and maintenance of opiate-dependent patients. Sets forth: (1) provisions regarding physician training and experience for purposes of the regulations or practice guidelines; and (2) procedural waiver requirements. Requires the Secretary to notify the physician and the Attorney General upon determining that a physician meets specified conditions. Directs the Attorney General, upon receiving such notice, to assign the physician an identification number for inclusion with the physician's current registration to prescribe narcotics. Specifies that an identification number assigned a physician shall be appropriate to preserve the confidentiality of a patient prescribed narcotic drugs by the physician. Requires the Secretary and the Attorney General, during the three-year period beginning on the date of this Act's enactment, to make determinations regarding whether: (1) treatments provided under such waivers have been effective forms of maintenance and detoxification treatment in clinical settings; (2) such waivers have significantly increased the availability of such treatment; and (3) such waivers have adverse public health consequences. Authorizes the Secretary to collect data from the practitioners for whom waivers are in effect. Sets forth further requirements with respect to the Secretary and the Attorney General, and further procedural requirements. Prohibits a State, during the three-year period, from precluding a practitioner from dispensing schedule III-V drugs to patients for maintenance or detoxification treatment in accordance with this Act unless, before the expiration of such period, the State enacts a law prohibiting a practitioner from dispensing such drugs. Authorizes appropriations. Subtitle C: Cocaine Powder - Powder Cocaine Sentencing Act of 2000 - Amends CSA and the Controlled Substances Import and Export Act to reduce the threshold amount of cocaine powder that constitutes a felonious possession and subject to mandatory criminal penalties. (Sec. 1572) Instructs the Sentencing Commission to amend Federal sentencing guidelines to reflect the amendments made by this Act. Subtitle D: Education Matters - Amends the Elementary and Secondary Education Act of 1965 (the Act) to redesignate the Gun-Free Schools Act of 1994 as the Safe Schools Act of 1999. (Sec. 1581) Revises the minimum one-year expulsion requirement for weapon possession on school property to include as an expellable offense possession of felonious quantities of an illegal drug on school property under the jurisdiction of, or in a vehicle operated by an employee or agent of, a local educational agency in that State. Revises compliance reporting datelines. (Sec. 1582) Authorizes a local educational agency to use certain Federal education program funds to pay the supplementary costs of attending another school (including a religious school) for any public elementary or secondary school student victim of a violent criminal offense committed on school grounds. Subtitle E: Miscellaneous - Modifies Federal criminal code provisions regarding additional grounds for issuing a warrant to specify that any notice required to be given may be delayed, pursuant to specified standards, terms, and conditions set forth elsewhere in the code, unless otherwise expressly provided by statute. (Sec. 1592) Directs the Federal Bureau of Investigation to study and report to Congress on specified issues regarding the Fuerzas Armadas de Liberacion Nacional Puertorriquena (FALN) and Los Macheteros terrorist organizations. (Sec. 1593) Requires the head of each Federal department, agency, and establishment to place anti-drug messages on appropriate Internet websites controlled by such department, agency, or establishment, an electronic hyperlink to the Internet website, if any, of the Office of National Drug Control Policy. (Sec. 1594) (This section and Sec. 1595 repeat Secs. 1581 and 1582) Amends the Elementary and Secondary Education Act of 1965 (the Act) to redesignate the Gun-Free Schools Act of 1994 as the Safe Schools Act of 1999. Revises the minimum one-year expulsion requirement for weapon possession on school property to include as an expellable offense possession of felonious quantities of an illegal drug on school property under the jurisdiction of, or in a vehicle operated by an employee or agent of, a local educational agency in that State. Revises compliance reporting datelines. (Sec. 1595) Authorizes a local educational agency to use certain Federal education program funds to pay the supplementary costs of attending another school (including a religious school) for any public elementary or secondary school student victim of a violent criminal offense committed on school grounds. (Sec. 1597) (Repeats Secs. 1553 and 1554) Amends CSA to increase the minimum sentences: (1) from one year to three years for a first offense of distributing controlled substances to persons under age 21, and from one to five years for a second offense; and (2) from one year to three years for a first offense of distributing them in or near a school, and from three to five years for a second offense. Title XVI: Protection From the Impact of Bankruptcy of Certain Electric Utilities - Emergency Imported Electric Power Price Reduction Act of 2000 - Declares that the Firm Power and Energy Contract with Hydro-Quebec dated December 4, 1987, as it exists on the date of enactment of this Act, shall be void 180 days after such date. (Sec. 1603) States that the parties to such contract are not precluded from amending it, or entering into a new contract after the date of enactment of this Act in a manner that is consistent with specified findings and purposes of this Act. (Sec. 1604) Grants only the Attorney General of a State in which electric power is provided under such contract standing to bring a civil enforcement action in U.S. district court. Title XVII: Consumer Credit Disclosure - Amends the Truth in Lending Act to require: (1) specified minimum payment warnings governing an open end credit plan on which finance charges are accruing; and (2) disclosure of a toll-free number to call for an estimate of the time required to repay the balance making only minimum payments. Requires the Federal Trade Commission (FTC) to establish a toll-free number for the same purpose in the case of a creditor with respect to which the FTC is enforcing compliance with such Act. Directs the Board of Governors of the Federal Reserve System (the Board) to promulgate implementing regulations. (Sec. 17101) Authorizes the Board to study and report to Congress on whether consumers have adequate information regarding borrowing activities that may result in financial problems. (Sec. 1702) Mandates additional disclosures where credit extensions secured by a dwelling exceed the dwelling's fair market value, stating that the interest on the excess portion of such extension is not tax deductible for Federal income tax purposes. (Sec. 1703) Requires specified additional disclosures for: (1) introductory rates and temporary annual percentage rates of interest; (2) Internet-based credit card solicitations; and (3) late payment deadlines and penalties. (Sec. 1706) Prohibits a creditor from terminating an open end consumer credit account before its expiration date solely because finance charges have not been incurred on such account. (Sec. 1707) Authorizes the Board to study and report to Congress on certain consumer protections limiting consumer liability for unauthorized use of a debit card or similar access device. (Sec. 1708) Instructs the Comptroller General to study and report to Congress on the impact that credit extensions to dependent students have upon the rate of bankruptcy cases filed under Federal law.
Bill· SS. 3055 (106th)referred
United States · United States Congress · 14 September 2000
Physician Pathology Services Fair Payment Act of 2000 - Provides for the treatment of certain physician pathology services for payments to laboratories under title XVIII (Medicare) of the Social Security Act.
Bill· SS. 3051 (106th)referred
United States · United States Congress · 14 September 2000
Greater Access to Affordable Pharmaceuticals Act or GAAP Act of 2000 - Amends the Federal Food, Drug, and Cosmetic Act to include in a required abbreviated new drug application information concerning certification of each patent which claims any active ingredient for a listed drug (currently, only the listed drug itself), either alone or in combination with other active ingredients, or which claims the first approved use for such drug for which an applicant is seeking approval. States that the filing of a citizen petition review shall not cause the Secretary of Health and Human Services to delay review and approval of an abbreviated new drug application unless the petition demonstrates through substantial scientific proof that approval would pose a threat to public health and safety. Allows a drug to be considered a bioequivalent to a listed drug if the effects of such drug and the listed drug do not show a significant difference based on certain tests or studies. Provides for an accelerated date of approval of a generic drug application. Expresses the sense of Congress that measures should be taken to effectuate the purpose of the Drug Price Competition and Patent Term Restoration Act of 1984 to make generic drugs more available and accessible, thereby reducing health care costs.
Bill· SS. 3050 (106th)referred
United States · United States Congress · 14 September 2000
Skilled Nursing Facility Care Act of 2000 - Amends title XVIII (Medicare) of the Social Security Act with regard to the prospective payment system (PPS) for skilled nursing facilities (SNFs) to the SNF market basket update for FY 2001 and 2002 from minus one percentage point to plus four percentage points. Sets forth a special rule for payment for covered SNF services for FY 2001. Directs the Secretary of Health and Human Services to: (1) reexamine the SNF market basket percentage that was used in making the update to the first fiscal year under the PPS for SNF services; (2) make adjustments to payments under such PPS for covered SNF services furnished in FY 2002 to reflect any necessary adjustments to such payments appropriate as a result of such reexamination; and (3) publish for public comment a description of whether the Secretary will make any adjustments pursuant to this Act and, if so, their form.
Law· HRH.R. 5178 (106th)enacted
United States · United States Congress · 14 September 2000
Needlestick Safety and Prevention Act - Revises the bloodborne pathogens standard, in effect under the Occupational Safety and Health Act of 1970 (OSHA), to include safer medical devices, such as sharps with engineered sharps injury protections and needleless systems, as examples of engineering controls designed to eliminate or minimize occupational exposure to bloodborne pathogens through needlestick and other percutaneous injuries. Requires certain employers to: (1) review and update exposure control plans to reflect changes in technology that eliminate or reduce such exposure, and document their consideration and implementation of appropriate commercially available and effective safer medical devices for such purpose; (2) maintain a sharps injury log, noting the type and brand of device used, where the injury occurred, and an explanation of the incident (exempting employers who are not required to maintain specified OSHA logs); and (3) seek input on such engineering and work practice controls from the affected health care workers (exempting employers who are not required to establish exposure control plans). Requires such modifications of the standard to: (1) be in force until superseded by regulations promulgated by the Secretary of Labor under OSHA; and (2) take effect without regard to specified procedural requirements.
Bill· HRH.R. 5179 (106th)referred
United States · United States Congress · 14 September 2000
Registered Nurses and Patients Protection Act - Amends the Fair Labor Standards Act of 1938 to limit the number of overtime hours which employers may require of licensed health care employees, including registered nurses but excluding doctors.
Bill· HRH.R. 5182 (106th)referred
United States · United States Congress · 14 September 2000
Day Laborer Fairness and Protection Act - Requires day labor service agencies to provide notice of the wage rate expected to be paid by each third party employer using their services. Requires the wage rate for such third party employers to equal the rate paid to their permanent employees who perform substantially equivalent work, with due consideration given to seniority, experience, skills and qualifications. Requires day laborers to be paid by third party employers at a wage rate not less than that stated in the agency notice for all work performed for such employers, including work contained in the detailed description issued under notification requirements of this Act. Prohibits employers from reducing the wage rate of any employee in order to comply with requirements of this Act. Sets forth requirements for: (1) agency payments to day laborers for excessive processing time; (2) civil damages and criminal penalties for certain employer violations; (3) itemized wage statements, annual earnings summaries, and optional payment schedules; (4) no charges for cashing wage payment checks or for overpayments; (5) nondiscrimination; (6) adequate seating, restrooms and water in waiting areas; (7) no restrictions on worker acceptance of permanent positions, but allowance placement fees paid to agencies by employers; (8) health care liability for injuries on the job or in transit; (9) agency notices, including employer lists and descriptions of jobs, wages, and other working conditions; (10) equitable expenses for day laborer meals, transportation, and equipment; (11) agency registration with the Secretary of Labor; and (12) Department of Labor enforcement of this Act. Amends the National Labor Relations Act to make it an unfair labor practice for employers to offer and grant: (1) permanent replacement employee status or other employment preferences to individuals for performing bargaining unit work for the employer during a labor dispute; or (2) any employment preference based on an individual's being employed, or having indicated a willingness to be employed, during a labor dispute, over any employee who was there at dispute commencement, has exercised rights through the labor organization involved in the dispute, and is working for the employer, or has unconditionally offered to return to such work.
Bill· HRH.R. 5186 (106th)referred
United States · United States Congress · 14 September 2000
Veterinary Health Enhancement Act - Amends the Public Health Service Act to establish veterinary scholarship and loan repayment programs in return for service in veterinary shortage areas. Authorizes appropriations.
Bill· HRH.R. 5192 (106th)referred
United States · United States Congress · 14 September 2000
Medicaid and SCHIP Improvement and Flexibility Act of 2000 - Amends titles XIX (Medicaid) and XXI (State Children's Health Insurance Program) (SCHIP) of the Social Security Act (SSA) to mandate: (1) development and use of a uniform, simplified application form for establishing eligibility for Medicaid and SCHIP benefits; and (2) coordinated enrollment processes. (Sec. 2) Provides for the expanded availability of funding for administrative costs related to certain outreach and eligibility determinations under Medicaid and SCHIP with regard to children and pregnant women. Directs the Secretary to establish a procedure with regard to the participation of local and community-based public or nonprofit organizations in outreach and enrollment activities if States do not otherwise obligate the amounts made available under this Act. Sets forth a special rule for certain enrollment and outreach activities providing for use of three percent of SCHIP funds at a 90 percent Federal match for such activities. Amends SSA title XIX to provide for additional entities (including elementary and secondary schools, child support enforcement agencies, and child care resource and referral agencies) that are qualified to determine Medicaid presumptive eligibility for low-income children. (Sec. 3) Amends SSA title XXI to require a State health plan, to the extent it provides coverage other than under the State's Medicaid plan, to provide a three-month grace period before disenrollment for nonpayment of premiums, as well as an opportunity for a hearing on the matter. Prohibits State child health plan eligibility standards from permitting the use of mandatory waiting periods, unless the Secretary finds that such a period would not be contrary to title XXI. (Sec. 4) Amends SSA title XIX to provide for: (1) automatic reassessment of eligibility for SCHIP and Medicaid benefits for children losing Medicaid or SCHIP eligibility; (2) optional SCHIP coverage of low-income, uninsured pregnant women; (3) State option to cover qualified alien children under the Medicaid and SCHIP programs; (4) elimination of the funding offset for exercise of the presumptive eligibility option; (5) automatic enrollment of children born to targeted low-income pregnant women receiving pregnancy-related assistance under such programs; and (6) SCHIP and Medicaid program coordination with the Maternal and Child Health Services program under SSA title V. (Sec. 5) Provides that amounts allotted to a State under SCHIP under the three-year availability of amounts allotted for FY 1998 and 1999 shall remain available through September 30, 2002. (Sec. 6) Amends SSA title XXI for the stated purpose of permitting an increased share of SCHIP funds to be expended for prevention programs that ensure healthy childhoods and quality prenatal health care. (Sec. 7) Amends SSA title XIX for the stated purpose of providing for the use of SCHIP funds for an enhanced matching rate for coverage of additional children under Medicaid.
Bill· SS. 3041 (106th)open
United States · United States Congress · 13 September 2000
District of Columbia Appropriations Act, 2001 - Makes appropriations for the District of Columbia for FY 2001, including amounts for the Federal payments: (1) for District of Columbia Resident Tuition Support; (2) for incentives for adoption of children; (3) for the commercial revitalization program; (4) to the District of Columbia Public Schools; (5) to the Department of Human Services for a new community service center for homeless, runaway and at-risk youth; (6) to the District of Columbia Corrections Trustee Operations; (7) to the District of Columbia Courts; (8) to the Defender Services in District of Columbia Courts; (9) to the Court Services and Offender Supervision Agency for the District of Columbia; (10) for construction of a Metrorail station to be located at New York and Florida Avenues, Northeast; and (11) to reimburse the District for expenses incurred in connection with presidential inauguration activities. Appropriates specified sums out of the District's general fund (and other funds, in some cases) for the current fiscal year for: (1) operating expenses (with certain limits); (2) the District of Columbia Financial Responsibility and Management Assistance Authority (Authority); (3) governmental direction and support; (4) economic development and regulation; (5) public safety and justice; (6) the public education system; (7) human support services; (8) public works; and (9) receivership programs. Amends the District of Columbia Home Rule Act to establish an interest-bearing contingency cash reserve fund into which the Mayor shall deposit in cash by FY 2006 (and incrementally until then) at least three percent of the total budget appropriated for operating expenditures for the fiscal year. Requires full replenishment of the fund each fiscal year. Limits the use of the fund to non-recurring or unforeseen needs arising during the fiscal year, including expenses associated with unforeseen weather or other natural disasters, unexpected liability created by Federal law or new public safety or health needs or requirements identified after the budget process has occurred, or opportunities to achieve cost savings. Allows use of the fund to cover revenue shortfalls experienced for cash receipts that are at least five percent below forecast for three consecutive months (based on a two-month rolling average). Prohibits use of such fund for shortfalls in projected reductions included in the District's proposed budgets. Conditions any use of the fund on the Chief Financial Officer's analysis and the exhaustion of all other surplus funds available. Establishes an interest- bearing emergency cash reserve fund into which the Mayor shall deposit in cash by FY 2008 (and incrementally until then) at least four percent of the total budget appropriated for operating expenditures for the fiscal year. Requires full replenishment of the fund each fiscal year. Limits the use of the emergency reserve fund to unanticipated and non-recurring extraordinary needs of an emergency nature, including a natural disaster or calamity or unexpected liability by Federal law. Prohibits use of such fund for: (1) District agency receiverships; (2) shortfalls in projected reductions in the District's proposed budgets; or (3) settlements and judgments by or against the District government. Amends the District of Columbia Financial Responsibility and Management Assistance Act of 1995 to repeal current requirements for a positive reserve fund balance. Appropriates funds for: (1) repayment of loans and interests; (2) repayment of general fund recovery debt; (3) payment of interest on short-term debt; (4) reimbursement for necessary expenses incurred in connection with presidential inauguration activities; (5) lease payments in accordance with the Certificates of Participation involving the land site underlying the building located at One Judiciary Square; (6) expenses associated with the John A. Wilson Building; (7) optical and dental insurance payments; (8) management supervisory service; (9) the implementation of a Cafeteria Plan; (10) the Water and Sewer Authority and the Washington Aqueduct; (11) the Lottery and Charitable Games Enterprise Fund; (12) the Sports and Entertainment Commission; (13) the District of Columbia Health and Hospitals Public Benefit Corporation; (14) the District of Columbia Retirement Board; (15) the Correctional Industries Fund; (16) the Washington Convention Center Enterprise Fund; and (17) capital outlay (including rescissions). Transfers specified funds to the Tobacco Settlement Trust Fund to be spent pursuant to local law. Requires the Mayor and District Council to make reductions of specified amounts for operational improvements savings and for management reform savings in local funds to one or more of the appropriation headings in this Act. 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, 2000. (Sec. 121) 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. 122) 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. 124) Allows the Mayor to accept, obligate, and expend Federal, private, and other grants received by the District government that are not reflected in the amounts appropriated in this Act if the Chief Financial Officer reports to the Authority on detailed information regarding such grant, and the Authority approves such activity. Prohibits any obligation or expenditure from the general fund or other District government funds in anticipation of the approval or receipt of a Federal, private, or other grant not subject to this Act. (Sec. 129) 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. 133) Prohibits the use of funds under this Act for any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug. (Sec. 136) Prohibits the use of funds under 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 that the officer understands the duties and restrictions applicable. (Sec. 137) Requires the proposed FY 2002 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. 138) Requires any document showing the budget for a District government office that contains specified general, nondescriptive labels categorizing activities to include descriptions of the types of activities covered and a detailed breakdown of the amount allocated for each one. (Sec. 139) Prohibits the use of funds under 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. 140) 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. 141) Declares that nothing in the Federal Grant and Cooperative Agreements Act of 1977 may be construed to prohibit the Administrator of the Environmental Protection Agency from negotiating and entering into cooperative agreements and grants which affect real property of the Federal Government in the District of Columbia, if the principal purpose of the agreement or grant is to provide comparable benefits for Federal and Non-Federal properties in the District of Columbia. (Sec. 142) Amends the District of Columbia Home Rule Act to direct the District of Columbia to conduct its financial management in accordance with a comprehensive financial management policy covering cash, debt, financial asset, emergency reserve management policies, and a policy for determining real property tax exemptions for the District of Columbia. Prescribes procedures for: (1) annual review of the comprehensive management policy by the Chief Financial Officer; and (2) development of the first such policy. (Sec. 143) Amends the District of Columbia Home Rule Act to outline the duties of the Chief Financial Officer in a non-control year or following the lapse of the District of Columbia Financial Responsibility and Management Assistance Authority. (Sec. 144) Declares that employees of the District of Columbia government will only receive overtime compensation for time worked in excess of 40 hours per week. (Sec. 145) Authorizes the Court Services and Offender Supervision Agency to continue to operate its ongoing drug-free workplace testing program during the period that its plan is being reviewed for approval by the Department of Health and Human Services. (Sec. 146) Requires the Mayor to report quarterly to specified congressional committees on the District's progress with respect to: (1) crime; (2) access to drug abuse treatment; (3) management of parolees and pre-trial violent offenders; (4) education; (5) improvement in basic District services, including rat control and abatement; (6) application for and management of Federal grants; and (7) indicators of child well-being.
Bill· HRH.R. 5167 (106th)referred
United States · United States Congress · 13 September 2000
Veterans Healthcare Fairness Act - Preserves veterans' disability compensation payments, as well as survivors' dependency and indemnity compensation, in the case of service-connected disabled Persian Gulf War veterans who voluntarily participate in a health study sponsored by the Secretary of Veterans Affairs and who, as a result of such participation, are diagnosed as having a motor neuron disease for which a presumption of service-connection is no longer warranted. Requires the Secretary to restore benefits for any such veterans (or their survivors) whose benefits were terminated before the enactment of this Act.
Bill· HRH.R. 5163 (106th)referred
United States · United States Congress · 13 September 2000
Home Health Refinement Amendments of 2000 - Amends title XVIII (Medicare) of the Social Security Act to: (1) eliminate the 15 percent reduction in payment rates under the Medicare prospective payment system (PPS) for home health services; (2) provide for additional payments for outliers; (3) provide for additional payments under the PPS for home health services furnished in a rural area; (4) provide for exclusion of nonroutine medical supplies under the PPS for home health services; and (5) set forth a rule of construction relating to telehomehealth services. Directs the Secretary of Health and Human Services to report to Congress on the feasibility and advisability of including home health services furnished by telecommunications systems as a home health service.
Bill· HRH.R. 5166 (106th)referred
United States · United States Congress · 13 September 2000
Quality Care for Nursing Home Patients Act of 2000 - Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to: (1) impose minimum direct care staffing requirements on nursing and skilled nursing facilities receiving Medicare or Medicaid funding; (2) provide for disclosure of staffing levels at such facilities; and (3) provide for administrative staffing requirements for such facilities.
Bill· HRH.R. 5168 (106th)referred
United States · United States Congress · 13 September 2000
Jared Morgan Fairness Act - Amends the Public Health Service Act to repeal a provision concerning separate compensation rules for a vaccine-related injury or death associated with the administration of a vaccine before the effective date of the national vaccine injury compensation program.
Bill· HRH.R. 5172 (106th)referred
United States · United States Congress · 13 September 2000
Medicare Access to Digital Mammography Act of 2000 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to revise requirements for payments and standards for screening mammography that pertain to the limit for screening mammography performed in 1991 to: (1) specify the screening mammography performed in 1991 as nondigital; (2) establish a separate limit for digital screening mammography performed in 2001 and thereafter; and (3) replace the current reduction of limit provision with a provision for adjustment of limit (up or down), requiring the Secretary of Health and Human Services to make at least annual reviews (currently, reviews from time to time) on the appropriateness of such applicable limits and make adjustments accordingly.
Bill· SS. 3031 (106th)open
United States · United States Congress · 12 September 2000
Amends the Indian Self-Determination Act to modify the self-determination model agreement to make inapplicable to self-determination contracts provisions of law permitting the Choctaw, Chickasaw, Cherokee, Creek, or Seminole tribes to make contracts involving the payment of money. Makes such provisions inapplicable to professional contracts by Indian tribal governments participating in self-governance as well. Repeals provisions of law restricting the assignment of contracts with Indians and requiring approval of such assignments by the Secretary of the Interior. Repeals provisions of the Federal criminal code relating to penalties for: (1) receiving money contrary to certain provisions regarding Indian contracts for services; and (2) receiving money in connection with certain Indian enrollment contracts pertaining to the Five Civilized Tribes. Cancels the balances of all expert assistance loans made to the Red Lake Band of Chippewa Indians and the Minnesota Chippewa Tribe, respectively, relating to certain Court of Federal Claims cases. Requires the Secretary of the Interior to take actions to document such cancellations and to release the Band and Tribe from any liability associated with such loans. Prohibits any of the funds paid by the State of Minnesota to the Bois Forte Band of Chippewa Indians and the Grand Portage Band of Chippewa Indians pursuant to the agreement of such Bands to voluntarily restrict tribal rights to hunt and fish in territory ceded under the Treaty of September 30, 1854, from being considered as income or resources, or otherwise being used as the basis for denying or reducing the financial assistance or other benefits to which a household or member of such Bands would be entitled to under the Social Security Act, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, or any Federal or federally assisted program. Extends through FY 2001 the authorization of appropriations for, and the duration of, each program under the Indian Health Care Improvement Act and the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986.
Bill· SS. 3035 (106th)referred
United States · United States Congress · 12 September 2000
Health Care Safety Net Oversight Act of 2000 - Amends title XI of the Social Security Act to add a new part D to establish the Safety Net Organizations and Patient Advisory Commission to: (1) study the health care safety net programs; and (2) report annually to Congress, the Comptroller General, and the Secretary of Health and Human Services on the health care needs of the uninsured and the financial and infrastructure stability of the core health care safety net of the United States based on such review. Authorizes appropriations.
Bill· SS. 3037 (106th)referred
United States · United States Congress · 12 September 2000
Medicare Puerto Rico Hospital Payment Parity Act of 2000 - Amends title XVIII (Medicare) of the Social Security Act to increase base payment amounts to Puerto Rico hospitals and to revise the calculation of Medicare disproportionate share payments for prospective payment system hospitals in Puerto Rico.
Bill· SS. 3028 (106th)referred
United States · United States Congress · 12 September 2000
Rural Hospital and Health Network Preservation Act of 2000 - Amends title XVIII (Medicare) of the Social Security Act with respect to the prospective payment system (PPS) for hospital outpatient department (OPD) services to provide a transitional adjustment for certain sole community hospitals in order to limit any decline in payment under the OPD PPS. Makes this Act effective as if included in the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999.
Bill· SS. 3029 (106th)referred
United States · United States Congress · 12 September 2000
Medicare Beneficiaries' Choice Stabilization Act of 2000 - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act (SSA) with respect to payments to Medicare+Choice organizations to provide for: (1) establishment of a floor for Medicare+Choice payment rates after applying risk-adjustment methodology; (2) elimination of budget neutrality adjustment for 2001 and 2002; (3) an increase in national per capita Medicare+Choice growth percentage in 2001 and 2002: (4) election by a Medicare+Choice organization to apply an area- specific percentage of 50 percent and a national percentage of 50 percent for 2001 and 2002 rather than the rate currently applicable for 2002 in determining the blended capitation rate used in determining the calculation of annual Medicare+Choice capitation rates; (5) an increased update for payment areas with only one or no Medicare+Choice contracts; (6) higher negotiated rates in certain Medicare+Choice payment areas below national average; and (7) a ten year phased-in risk adjustment based on data from all settings. Delays from July to November 2000 the deadline for withdrawing the offer, or rescinding the withdrawal, of Medicare+Choice plans for 2001. Amends SSA title XVIII part C to Medicare+Choice program data collection requirements with regard to: (1) issuance of encounter data submission requirements; (2) post- stabilization guidelines; and (3) on-line enrollment. Prohibits the Secretary from making any changes in the enrollment and disenrollment instructions and related materials (including operational policy letters and evidence of coverage) under Medicare+Choice between enactment of this Act and January 1, 2002, except as may be specifically and only required to comply with a change in statute.