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Bill· SS. 1782 (112th)referred
United States · United States Congress · 2 November 2011
Real Education for Healthy Youth Act of 2011 - Requires the Secretary of Health and Human Services (HHS) to award competitive grants to enable eligible entities to carry out programs that provide adolescents with comprehensive sex education to: (1) replicate evidence-based sex education programs, (2) substantially incorporate elements of evidence-based sex education programs, or (3) create a demonstration project based on generally accepted characteristics of effective sex education programs. Sets forth provisions regarding evaluation of such programs. Requires the Secretary to establish a common set of performance measures to assess the implementation and impact of grant programs funded under this Act. Requires the Secretary to award competitive grants to: (1) enable institutions of higher education to provide young people with comprehensive sex education with an emphasis on reducing HIV, other sexually transmitted infections, and unintended pregnancy; and (2) eligible entities to train targeted faculty and staff in order to increase effective teaching of comprehensive sex education for elementary and secondary school students. Prohibits programs funded under this Act from discriminating on the basis of actual or perceived sex, race, color, ethnicity, national origin, disability, sexual orientation, gender identity, or religion. Prohibits federal funds provided under this Act from being used for health education programs that: (1) deliberately withhold life-saving information about HIV; (2) are medically inaccurate or have been scientifically shown to be ineffective; (3) promote gender stereotypes; (4) are insensitive and unresponsive to the needs of sexually active youth or lesbian, gay, bisexual, or transgender youth; or (5) are inconsistent with the ethical imperatives of medicine and public health. Amends the Public Health Service Act to repeal a provision that prohibits the use of funds appropriated for the prevention of AIDS to provide education or information designed to promote or encourage, directly, homosexual or heterosexual activity or intravenous substance abuse. Amends the Elementary and Secondary Education Act of 1965 to repeal a provision that prohibits the use of funds authorized under such Act to operate a program of contraceptive distribution in schools.
Bill· HRH.R. 3324 (112th)referred
United States · United States Congress · 2 November 2011
Real Education for Healthy Youth Act of 2011 - Requires the Secretary of Health and Human Services (HHS) to award competitive grants to enable eligible entities to carry out programs to provide adolescents with comprehensive sex education that: (1) replicate evidence-based sex education programs, (2) substantially incorporate elements of evidence-based sex education programs, or (3) create a demonstration project based on generally accepted characteristics of effective sex education programs. Sets forth provisions regarding evaluation of such programs. Requires the Secretary to establish a common set of performance measures to assess the implementation and impact of grant programs funded under this Act. Requires the Secretary to award competitive grants to: (1) enable institutions of higher education to provide young people with comprehensive sex education with an emphasis on reducing HIV, other sexually transmitted infections, and unintended pregnancy; and (2) eligible entities to train targeted faculty and staff in order to increase effective teaching of comprehensive sex education for elementary and secondary school students. Prohibits programs funded under this Act from discriminating on the basis of actual or perceived sex, race, color, ethnicity, national origin, disability, sexual orientation, gender identity, or religion. Prohibits federal funds provided under this Act from being used for health education programs that: (1) deliberately withhold life-saving information about HIV; (2) are medically inaccurate or have been scientifically shown to be ineffective; (3) promote gender stereotypes; (4) are insensitive and unresponsive to the needs of sexually active youth or lesbian, gay, bisexual, or transgender youth; or (5) are inconsistent with the ethical imperatives of medicine and public health. Amends the Public Health Service Act to repeal a provision that prohibits the use of funds appropriated for the prevention of AIDS to provide education or information designed to promote or encourage, directly, homosexual or heterosexual activity or intravenous substance abuse. Amends the Elementary and Secondary Education Act of 1965 to repeal a provision that prohibits the use of funds authorized under such Act to operate a program of contraceptive distribution in schools.
Bill· HRH.R. 3328 (112th)referred
United States · United States Congress · 2 November 2011
Amends title XVIII (Medicare) of the Social Security Act to create a six-month grace period for accreditation of certain Medicare advanced diagnostic imaging services suppliers. Declares that, in the case of a supplier who has not previously received payment for the technological component of advanced diagnostic imaging services under the Medicare fee schedule, that the supplier, applying for accreditation, shall be deemed to be accredited for a grace period beginning on the date the supplier conducts the first image or set of images obtained from an advanced diagnostic imaging service submitted to an accrediting organization. Ends the grace period on the earliest of the following: (1) the date on which the supplier's application for accrediation is approved; (2) the date on which the application is denied; or (3) the end of the six-month period beginning on the date the first image or set of images obtained from an advanced diagnostic imaging service is conducted.
Bill· HRH.R. 3315 (112th)referred
United States · United States Congress · 2 November 2011
Direct M.D. Care Act of 2011 - Directs the Secretary of Health and Human Services (HHS) to establish a program of pilot projects under part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act under which the Secretary reimburses a qualified direct primary care medical home practice, using a monthly fee-based payment methodology. Prohibits any pilot project from being established with respect to a medical home if the monthly fee for an enrolled individual exceeds $100.
Bill· HRH.R. 3326 (112th)referred
United States · United States Congress · 2 November 2011
Medicaid Flexibility for States Act - Authorizes a state to limit the application within the state of specified provisions of the Patient Protection and Affordable Care Act (PPACA) that expand the program under title XIX (Medicaid) of the Social Security Act by enacting a law that: (1) expresses the intent of the state to opt out of one or more of the provisions of PPACA, and (2) contains a list of the provisions that will not apply to the state.
Bill· HRH.R. 3314 (112th)referred
United States · United States Congress · 2 November 2011
Climate Change Health Protection and Promotion Act - Expresses the sense of Congress with respect to the impacts of climate change on health systems. Directs the Secretary of Health and Human Services (HHS) to: (1) publish a national strategic action plan to assist health professionals to prepare for and respond to the impacts of climate change on public health in the United States and other nations, particularly developing nations; (2) revise such plan periodically to reflect new information on the impacts of climate change on public health; (3) establish a permanent science advisory board to provide advice and recommendations on the domestic and international impacts of climate change on public health; and (4) contract with the National Research Council and the Institute of Medicine to prepare a report that assesses the needs for health professionals to prepare for and respond to climate change impacts on public health.
Bill· SS. 1776 (112th)referred
United States · United States Congress · 1 November 2011
Expands the authority of the Secretary of Defense (DOD) to accept travel benefits to facilitate the travel of members of the Armed Forces during leave from active duty to include, as part of such benefits, points or awards for free or reduced-cost hotel accommodations. Includes as benefits purposes: (1) providing humanitarian support to members and eligible beneficiaries receiving care through the military health care system, and (2) support to allow participation by members and their families in DOD-sponsored and authorized programs.
Bill· HRH.R. 3289 (112th)open
United States · United States Congress · 1 November 2011
Whistleblower Protection Enhancement Act of 2011 - Expands the scope of whistleblower protections under federal law to provide that such protections shall apply to a disclosure of any violation of any law, rule, or regulation (currently, only to a violation of any law, rule, or regulation). Defines "disclosure" for purposes of this Act and expands the types of disclosures that are protected whistleblower disclosures. Includes as a prohibited personnel practice the implementation or enforcement of any nondisclosure policy, form, or agreement that does not contain a specific statement that its provisions are consistent with requirements that preserve the right of federal employees to make disclosures of illegality, waste, fraud, abuse, or public health or safety threats. Adds the Office of the Director of National Intelligence and the National Reconnaissance Office to the list of intelligence community entities excluded from coverage under the Whistleblower Protection Act of 1989. Revises the standard of proof in disciplinary proceedings against an agency employee who takes an adverse personnel action against a whistleblower to require the Office of Special Counsel to show that the whistleblower's protected disclosure was a significant motivating factor in the decision to take an adverse action, even if other factors also motivated the decision. Requires a petition to review a final order or decision of the Merit Systems Protection Board (MSPB) that raises no challenge to the MSPB's disposition of allegations of a prohibited personnel practice to be filed in the U.S. Court of Appeals for the District of Columbia Circuit. Extends whistleblower and other anti-discrimination protections to employees (and applicants for employment) of the Transportation Security Administration (TSA). Extends whistleblower protections to any current or prospective federal employee for disclosures that such employee reasonably believes are evidence of censorship related to research, analysis, or technical information. Establishes a two-year pilot program for the protection of employees of a contractor who make make certain whistleblower disclosures. Extemds whistleblower protections to intelligence community elements, including the Central Intelligence Agency (CIA), the Defense Intelligence Agency (DIA), the National Geospatial Intelligence Agency, the National Security Agency, the Office of the Director of National Intelligence, and the National Reconnaissance Office. Requires federal agency heads to advise their employees on how to make a lawful disclosure of information that is required to be kept secret in the interest of national defense or the conduct of foreign affairs. Amends the Inspector General Act of 1978 to: (1) allow federal agency employees who intend to report a complaint or information with respect to an urgent concern to Congress to report such complaint or information to the Inspector General of their agencies, and (2) provide for the appointment of a Whistleblower Protection Ombudsman in the Office of Inspector General to educate agency personnel about whistleblower rights. Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to require: (1) the development of policies and procedures that permit individuals who, in good faith, challenge a security clearance determination to remain employed while the challenge is pending; and (2) the development and implementation of uniform and consistent policies and procedures to ensure protections during the process for denying, suspending, or revoking a security clearance or access to classified information. Prohibits the revocation of a security clearance or access determination in retaliation for a protected whistleblower disclosure. Amends the Inspector General Act of 1978 to provide for the direct transmission of a complaint or information under the Intelligence Community Whistleblower Protection Act to the Director of National Intelligence if the head of an establishment (i.e., cabinet level agency or department) determines that such complaint or information would create a conflict of interest for such head.
Bill· HRH.R. 3299 (112th)referred
United States · United States Congress · 1 November 2011
Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to apply the requirement for a health plan to provide dependent coverage until an adult child turns 26 years of age to plans that do not have any participants who are current employees (retiree-only plans).
Bill· HRH.R. 3303 (112th)referred
United States · United States Congress · 1 November 2011
Hotels for Heroes Act - Expands the authority of the Secretary of Defense (DOD) to accept travel benefits to facilitate the travel of members of the Armed Forces during leave from active duty to include, as part of such benefits, points or awards for free or reduced-cost hotel accommodations. Includes as benefits purposes: (1) providing humanitarian support to members and eligible beneficiaries receiving care through the military health care system, and (2) support to allow participation by members and their families in DOD-sponsored and authorized programs.
Bill· HRH.R. 3290 (112th)referred
United States · United States Congress · 1 November 2011
Veterans Health Care Stamp Act - Requires the U.S. Postal Service to provide for the issuance and sale of a veterans health care stamp to help fund the medical care and treatment of veterans.
Bill· SS. 1765 (112th)referred
United States · United States Congress · 31 October 2011
Consolidation of Grants to Strengthen the Healthcare System's Response to Domestic Violence, Dating Violence, Sexual Assault, and Stalking Act - Amends the Public Health Service Act to reauthorize, revise, and consolidate grant programs that address domestic violence, dating violence, sexual assault, and stalking by developing or enhancing and implementing: (1) interdisciplinary training for health professionals, public health staff, and allied health professionals; (2) education programs for health profession students to prevent and respond to domestic violence, dating violence, sexual assault, and stalking; and (3) comprehensive statewide strategies to improve the response of clinics, public health facilities, hospitals, and other health settings to domestic violence, dating violence, sexual assault, and stalking.
Bill· HRH.R. 3269 (112th)referred
United States · United States Congress · 27 October 2011
Diagnostic Imaging Services Access Protection Act of 2011 - Amends title XVIII (Medicare) of the Social Security Act to prohibit the Secretary of Health and Human Services (HHS) from applying a multiple procedure payment reduction policy to the professional component of imaging services furnished: (1) in 2012; or (2) in 2013 or a subsequent year unless the reduction is based on the data, analysis, and conclusions of a study completed by an expert panel of physician members from a national medical speciality society expert in the field of diagnostic imaging services.
Bill· HRH.R. 3261 (112th)open
United States · United States Congress · 26 October 2011
Stop Online Piracy Act - Authorizes the Attorney General (AG) to seek a court order against a U.S.-directed foreign Internet site committing or facilitating online piracy to require the owner, operator, or domain name registrant, or the site or domain name itself if such persons are unable to be found, to cease and desist further activities constituting specified intellectual property offenses under the federal criminal code including criminal copyright infringement, unauthorized fixation and trafficking of sound recordings or videos of live musical performances, the recording of exhibited motion pictures, or trafficking in counterfeit labels, goods, or services. Sets forth an additional two-step process that allows an intellectual property right holder harmed by a U.S.-directed site dedicated to infringement, or a site promoted or used for infringement under certain circumstances, to first provide a written notification identifying the site to related payment network providers and Internet advertising services requiring such entities to forward the notification and suspend their services to such an identified site unless the site's owner, operator, or domain name registrant, upon receiving the forwarded notification, provides a counter notification explaining that it is not dedicated to engaging in specified violations. Authorizes the right holder to then commence an action for limited injunctive relief against the owner, operator, or domain name registrant, or against the site or domain name itself if such persons are unable to be found, if: (1) such a counter notification is provided (and, if it is a foreign site, includes consent to U.S. jurisdiction to adjudicate whether the site is dedicated to such violations), or (2) a payment network provider or Internet advertising service fails to suspend its services in the absence of such a counter notification. Requires online service providers, Internet search engines, payment network providers, and Internet advertising services, upon receiving a copy of a court order relating to an AG action, to carry out certain preventative measures including withholding services from an infringing site or preventing users located in the United States from accessing the infringing site. Requires payment network providers and Internet advertising services, upon receiving a copy of such an order relating to a right holder's action, to carry out similar preventative measures. Provides immunity from liability for service providers, payment network providers, Internet advertising services, advertisers, Internet search engines, domain name registries, or domain name registrars that take actions required by this Act or otherwise voluntarily block access to or end financial affiliation with such sites. Permits such entities to stop or refuse services to certain sites that endanger public health by distributing prescription medication that is adulterated, misbranded, or without a valid prescription. Expands the offense of criminal copyright infringement to include public performances of: (1) copyrighted work by digital transmission, and (2) work intended for commercial dissemination by making it available on a computer network. Expands the criminal offenses of trafficking in inherently dangerous goods or services to include: (1) counterfeit drugs; and (2) goods or services falsely identified as meeting military standards or intended for use in a national security, law enforcement, or critical infrastructure application. Increases the penalties for: (1) specified trade secret offenses intended to benefit a foreign government, instrumentality, or agent; and (2) various other intellectual property offenses as amended by this Act. Directs the U.S. Sentencing Commission to review, and if appropriate, amend related Federal Sentencing Guidelines. Requires the Secretary of State and Secretary of Commerce to appoint at least one intellectual property attache to be assigned to the U.S. embassy or diplomatic mission in a country in each geographic region covered by a Department of State regional bureau.
Bill· HRH.R. 3266 (112th)referred
United States · United States Congress · 26 October 2011
Lifespan Respite Care Reauthorization Act of 2011 - Amends the Public Health Service Act to authorize appropriations to carry out lifespan respite care programs for FY2012-FY2016.
Bill· HRH.R. 3257 (112th)referred
United States · United States Congress · 25 October 2011
Regulatory Time-Out Act of 2011 - Prohibits covered regulations from being in effect or from taking effect during the period beginning on the enactment of this Act and ending on January 21, 2013 (time-out period). Prohibits publication of any general notice of a proposed rulemaking for what would be a covered regulation, and nullifies a rulemaking that was published but for which the comment period did not expire before enactment of this Act, during such period. Defines a "covered regulation" as a final regulation that did not take effect before September 1, 2011, that increases costs on businesses in a manner that will have an adverse effect on job creation, job retention, productivity, competitiveness, or the efficient functioning of the economy and that is likely to: (1) have an annual effect on the economy of $100 million or more; (2) adversely affect in a material way the economy, productivity, competition, jobs, the environment, public health or safety, or state, local, or tribal governments or communities; (3) create a serious inconsistency or otherwise interfere with an action by another agency; (4) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients; or (5) raise novel legal or policy issues. Exempts regulations that are required by law. Allows agency heads to exempt covered regulations that: (1) are necessary due to an imminent threat to human health or safety or any other emergency; (2) are necessary to enforce criminal laws, (3) foster private sector job creation; (4) encourage economic growth; (5) reduce regulatory burdens; (6) pertain to a military or foreign affairs function; or (7) are limited to interpreting, implementing, or administering the Internal Revenue Code.
Bill· HRH.R. 3258 (112th)referred
United States · United States Congress · 25 October 2011
Medicare Equity Extension Act of 2011 - Amends title XVIII (Medicare) of the Social Security Act, with respect to the formulae for determining payments for physician services under part B (Supplementary Medical Insurance Benefits for the Aged and Disabled), to extend through calendar 2013: (1) a specified formula element for the employee wage and rent portions of the Medicare practice expense geographic adjustment, and (2) the Medicare work geographic adjustment floor at 1.0 under the Medicare and Medicaid Extenders Act of 2010. Terminates as of December 31, 2011, the 1.00 floor under the Patient Protection and Affordable Care Act (PPACA): (1) on the area wage index for hospitals in frontier states (half of whose counties have a population per square mile of less than 6), (2) on the area wage adjustment factor for hospital outpatient department (OPD) services in frontier states, and (3) for the practice expense index for services furnished in frontier states.
Resolution· HRESH.Res. 448 (112th)passed
United States · United States Congress · 25 October 2011
Sets forth the rule for consideration of the bill (H.R. 2576) to amend the Internal Revenue Code of 1986 to modify the calculation of modified adjusted gross income for purposes of determining eligibility for certain healthcare-related programs, and providing for consideration of the bill (H.R. 674) to amend the Internal Revenue Code of 1986 to repeal the imposition of 3 percent withholding on certain payments made to vendors by government entities.
Bill· HRH.R. 3243 (112th)referred
United States · United States Congress · 24 October 2011
Common Sense Deficit Reduction Act of 2011 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to eliminate: (1) health care entitlements for certain individuals who are under age 65, not entitled to or enrolled for benefits under SSA title XVIII (Medicare), and whose income does not exceed 133% of the poverty line; (2) the state option to cover individuals whose income exceeds 133% of the poverty line; (3) the increased federal medical assistance percentage (FMAP) for medical assistance for newly eligible mandatory individuals; and (4) coverage of former foster care children under age 26. Eliminates requirements that Medicaid benchmark benefits: (1) provide minimum essential coverage, and (2) ensure parity in the financial requirements and treatment limitations in medical and surgical benefits, on the one hand, and mental health or substance use disorder benefits, on the other. Amends the Patient Protection and Affordable Care Act (PPACA) to eliminate: (1) the extension of the Medicaid premium assistance subsidy to all individuals, regardless of age; and (2) the prohibition against any state requirement, as a condition of Medicaid eligibility, that an individual (or the individual's parent) apply for enrollment in qualified employer-sponsored coverage. Amends SSA titles XIX and XXI (Children's Health Insurance Program) (CHIP) to eliminate the modified adjusted gross income standard for determining Medicaid and CHIP eligibility. Amends SSA title XXI to: (1) eliminate the increased FMAP for CHIP; (2) reduce CHIP appropriations for FY2013 and eliminate them for FY2014-FY2015; (3) repeal the requirement that a state assure exchange coverage for targeted low-income children unable to be provided child health assistance as a result of funding shortfalls; (4) terminate after FY2013 (instead of the current extension through FY2015) the period during which the Secretary of Health and Human Services (HHS) must make grants to improve CHIP outreach and enrollment; and (5) reduce the amount of money for awarding such grants. Reduces the amount of the one-time appropriations to CHIP under the Children's Health Insurance Program Reauthorization Act of 2009 (CHIPRA). Amends the Internal Revenue Code to repeal the tax credit for premium assistance for coverage under a qualified health plan. Amends PPACA, the Fair Labor Standards Act of 1938, the Public Health Service Act, and SSA title XIX to repeal mandatory reductions in the maximum limits for out-of-pocket expenses (cost-sharing subsidies) for individuals enrolled in qualified health plans whose incomes are between 100% and 400% of the poverty line. Amends PPACA to require a state's American Health Benefit Exchange to certify that, for purposes of the individual responsibility penalty under the Internal Revenue Code, an individual is exempt from the individual requirement to purchase qualified health care insurance (mandate) or from the penalty imposed by such section because the individual would have qualified for premium assistance under the Internal Revenue Code, medical assistance under Medicaid, child health assistance under CHIP, or reduced costing sharing, but for the enactment of this Act. Repeals the Community Living Assistance Services and Supports program (CLASS Act) under the Public Health Service Act.
Bill· HRH.R. 3239 (112th)referred
United States · United States Congress · 21 October 2011
Safeguarding Access for Every Medicare Patient Act - Authorizes a covered entity to submit to a Patient Safety Organization information on electronic health record (EHR)-related adverse events with respect to certified EHR technology the entity has used or provided. Specifies covered entities as certain EHR users, health information exchange entities, and health care professionals who use EHR technology. Defines an EHR-related adverse event as a defect, malfunction, or error in the certified health information technology or electronic health record used by a provider, or in the input or output of data maintained through such technology or record, that results or could reasonably result in harm to a patient. Limits electronic discovery (e-discovery) in any health care lawsuit against a covered entity relating to an EHR-related adverse event involving certified EHR technology to information: (1) related to that event, and (2) from the period in which the event occurred. Prohibits a claimant from commencing a lawsuit more than three years after the manifestation of injury or one year after the claimant discovers, or should have discovered, the injury, whichever occurs first. Requires tolling of this limitation, however, to the extent that the claimant is able to prove: (1) fraud; (2) intentional concealment; or (3) the presence of a foreign body, with no therapeutic or diagnostic purpose or effect, in the injured person. Subjects each party to such a lawsuit which is not a covered entity to proportionate liability only. Allows punitive damages against a covered entity only upon proof by clear and convincing evidence that the entity acted with reckless disregard for the claimant's health or safety. Shields covered entities, employees, agents, and representatives from civil liability for libel or slander arising from information or entries made in certified EHR technology, or transferred to another eligible provider, if the information, entries, or transfer were made in good faith and without malice.
Bill· SS. 1760 (112th)referred
United States · United States Congress · 20 October 2011
Pill Mill Crackdown Act of 2011 - Amends the Controlled Substances Act to: (1) double the term of imprisonment and triple the fine for the prohibited distribution of a schedule II or schedule III controlled substance by the operator of a pill mill, (2) increase the penalties for such operator distribution of a controlled substance to a person under age 21 from twice to thrice the maximum punishment or term of supervised release authorized, and (3) exclude such operator distribution from the applicability of provisions authorizing an alternative fine of not more than twice the gross profits or other proceeds derived by a defendant from a drug offense. Defines: (1) "pill mill" to include a doctor's office, clinic, or health care facility that routinely prescribes or dispenses controlled substances outside the scope of the prevailing standards of medical practice in the community in relation to the prescribing or dispensing of controlled prescription drugs or that routinely violates such Act in relation to the prescribing or dispensing of controlled prescription drugs; and (2) "operator of a pill mill" to include any practicing physician affiliated with a pill mill or any owner, director, officer, or partner of a pill mill. Expresses the sense of Congress that such prohibited operator distribution is a violation for which certain property is subject to forfeiture. Requires the proceeds from disposition of such property to be used for controlled substance monitoring programs in the states and for block grants to states for community mental health services and for prevention and treatment of substance abuse. Changes the classification of specified quantities of dihydrocodeinone from a schedule III to a schedule II controlled substance.
Bill· SS. 1752 (112th)referred
United States · United States Congress · 20 October 2011
Freedom to Breathe Act of 2011 - Nullifies the final rule entitled "Use of Ozone-Depleting Substances; Removal of Essential-Use Designation (Epinephrine)." Prohibits the Secretary of Health and Human Services (HHS) from reissuing such rule in substantially the same form or issuing a new rule that prohibits the production and distribution of oral pressurized metered-dose inhalers because such inhalers may emit greenhouse gas emissions, unless the reissued or new rule is specifically authorized by a law enacted after this Act's enactment.
Bill· SS. 1750 (112th)referred
United States · United States Congress · 20 October 2011
Home Care Consumer Bill of Rights Act - Amends the Older Americans Act of 1965 to make it the duty of the Assistant Secretary of Aging, acting through the designee responsible for elder abuse prevention and services, to: (1) establish best practices for state-based enforcement of a Home Care Consumer Bill of Rights through a Plan for Enforcement, (2) assist states with the development of such Bills of Rights and Plans for Enforcement to support the shift from institutional care to home and community-based long-term care (LTC) services, and (3) develop and use a process for review and approval of state Home Care Consumer Bills of Rights and Plans for Enforcement. Establishes additional state plan requirements, including that a state have a Home Care Consumer Bill of Rights and a Plan for Enforcement. Requires the Home Care Consumer Bill of Rights to address a home care consumer's right to: (1) basic safety; (2) information access; (3) choice, participation, and self-determination; (4) care and services provided in a way that promotes each consumer's dignity and individuality; and (5) redress of grievances. Requires the Bill of Rights also to address the role and responsibilities that fiduciaries may have in securing these rights of home care consumers. Requires that any allotment for vulnerable elder rights protection activities be used to develop a State Home Care Consumer Bill of Rights and Plan for Enforcement. Directs the Assistant Secretary to establish a National Adult Protective Services Resources Center to: (1) improve the capacity of state and local adult protective services programs, and (2) coordinate with the Home Care Ombudsman Program and Long-Term Care Ombudsman Program to protect home care consumers and residents of LTC facilities most effectively. Authorizes appropriations for State Home Care Ombudsman Programs. Directs the Assistant Secretary of Aging to award competitive grants to states for such Programs. Requires the Assistant Secretary of Aging, in implementing Aging and Disability Resource Centers in all states, to: (1) provide quality assurance information about home and community-based LTC programs, service providers, and resources when referring consumers to them; and (2) identify quality assurance standards for such programs, providers, and resources. Requires the designated state agency, in promoting a comprehensive, coordinated state system enabling older individuals to receive LTC in home and community-based settings, to provide for distribution of quality assurance information about home and community-based LTC programs, service providers, and resources.
Bill· SS. 1738 (112th)referred
United States · United States Congress · 19 October 2011
Economic Growth and Jobs Protection Act of 2011 - Repeals the provision of the Health Care and Education Reconciliation Act of 2010 that imposes a 3.8% tax on unearned income (e.g., investment income, rents, royalties, etc.).
Bill· SS. 1734 (112th)referred
United States · United States Congress · 19 October 2011
Generating Antibiotic Incentives Now Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act to extend the exclusivity period for a new prescription drug by five years for a drug that the Secretary of Health and Human Services (HHS) determines to be a qualified infectious disease product. Defines "qualified infectious disease product" to mean an antibiotic drug for treating, detecting, preventing, or identifying a qualifying pathogen (certain pathogens that are resistant to antibiotics). Excludes drugs that are: (1) a supplement to a new drug application for which an extension is in effect or has expired; or (2) a subsequent application for a change that results in a new indication, route of administration, dosing schedule, dosage form, delivery system, delivery device or strength, or a modification to the structure of the product that does not result in a change in safety or effectiveness. Extends such period of exclusivity an additional six months for a sponsor or manufacturer of a qualified infectious disease product that identifies a companion diagnostic test. Requires the Secretary to give priority review to any drug determined to be a qualified infectious disease product. Includes qualified infectious disease products as fast track products for which the Secretary shall facilitate development and expedite review. Directs the Comptroller General to study the need for incentives to encourage the research, development, and marketing of qualified infectious disease biological products. Requires the Secretary to: (1) review Food and Drug Administration (FDA) guidelines for clinical trials of antibiotic drugs; and (2) revise such guidelines, as appropriate, to reflect developments in scientific and medical information and technology and to ensure clarity regarding the procedures and requirements for approval of an antibiotic drug.
Resolution· SRESS.Res. 300 (112th)passed
United States · United States Congress · 19 October 2011
Expresses support for the goals and ideals of Red Ribbon Week, 2011. Encourages: (1) children and teens to live drug-free lives; and (2) people in the United States to promote drug-free communities and to participate in drug prevention activities.
Bill· SS. 1720 (112th)open
United States · United States Congress · 17 October 2011
Jobs Through Growth Act - Expresses the sense of Congress that S.J. Res. 10 (a balanced budget amendment) should be passed and submitted to the states for ratification within 90 days after the enactment of this Act. Amends the Impoundment Control Act of 1974 to require the Office of Management and Budget (OMB) to transmit, within 45 calendar days after enactment of the funding in question, a message to Congress with specified information requesting any rescission the President proposes under the procedures in this Act. Prescribes requirements for timing and packaging of rescission requests. Authorizes OMB, subject to a specified time limit, to withhold funding from obligation temporarily if the President proposes a rescission. Sets forth procedures for expedited congressional consideration of proposed rescissions. Directs the Senate Committee on Finance and the House Committee on Ways and Means to report legislation that will lower, consolidate, and simplify: (1) the individual income tax system, with not more than three tax rates, the highest being 25%; and (2) the corporate income tax system, with a top tax rate of 25% and a consolidation of the system into two tax rates. Withholding Tax Relief Act of 2011 - Repeals the provision of the Tax Increase Prevention and Reconciliation Act of 2005 requiring federal, state, and local governmental entities to withhold 3% of payments due to vendors providing goods and services to such entities. Rescinds $39 billion in offsetting appropriated but unobligated discretionary funds. Requires the Director of the Office of Management and Budget (OMB) to identify the appropriation accounts to which such rescissions shall apply. Exempts unobligated funds of the Department of Defense (DOD) or the Department of Veterans Affairs (VA). Repeals the Patient Protection and Affordable Care Act and the health care-related provisions in the Health Care and Education Reconciliation Act of 2010. Restores provisions of law amended by such Act or provisions. Medical Care Access Protection Act of 2011 or the MCAP Act - Sets forth provisions regulating lawsuits for health care liability claims related to the provision of health care services, including provisions shortening the statute of limitations, setting limits on noneconomic and punitive damages, restricting contingency fees, prescribing qualifications for expert witnesses, and reducing damaged based on collateral source benefits. Repeals the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank), and revives or restores the provisions of law amended by it as if Dodd-Frank had not been enacted. REINS Act - Rewrites provisions relating to congressional review of agency rulemaking to require congressional approval of major rules of the executive branch before they may take effect (currently, major rules take effect unless Congress passes and the President signs a joint resolution disapproving them). Defines "major rule" as any rule, including an interim final rule, that has resulted in or is likely to result in: (1) an annual effect on the economy of $100 million or more; (2) a major increase in costs or prices; or (3) significant adverse effects on competition, employment, investment, productivity, innovation, or U.S. competitiveness. Provides that if a joint resolution of approval of a major rule is not enacted by the end of 70 session days or legislative days after the agency proposing the rule submits its report on such rule to Congress, the rule shall be deemed not to be approved and shall not take effect. Permits a major rule to take effect for 90 calendar days without such approval if the President determines such rule is necessary because of an imminent threat to health or safety or other emergency, for the enforcement of criminal laws, for national security, or to implement an international trade agreement. Sets forth House and Senate procedures for joint resolutions approving major rules and disapproving non-major rules. Regulation Moratorium and Jobs Preservation Act - Prohibits any federal agency from taking any significant regulatory action until the Bureau of Labor Statistics (BLS) reports a monthly unemployment rate equal to or less than 7.7%. Defines a "significant regulatory action" as an action that is likely to: (1) have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, productivity, competition, jobs, the environment, public health or safety, small entities, or state, local, or tribal governments or communities; (2) create a serious inconsistency or otherwise interfere with another agency's action; (3) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (4) raise novel legal or policy issues. Authorizes the President to waive such prohibition if the President notifies Congress that a waiver is necessary on the basis of national security or a national emergency. Allows judicial review of all claims under this Act. Freedom from Restrictive Excessive Executive Demands and Onerous Mandates Act of 2011 - Amends the Regulatory Flexibility Act (RFA) to revise the regulatory process (rulemaking) with respect to small entities (e.g., small businesses, small organizations, and small governmental jurisdictions). Defines "economic impact" with respect to a proposed or final rule to mean: (1) the economic effects on small entities directly regulated by the rule, and (2) the reasonably foreseeable economic effects of the rule on small entities resulting from their transactions with other businesses and entities directly regulated by the rule. Expands judicial review of agency rulemaking to permit small entities to seek judicial review of initial regulatory flexibility analyses and to obtain an injunction of a proposed rule that is noncompliant with RFA requirements. Requires each agency to establish a plan for the periodic (every nine years) review of: (1) its rules that have a significant adverse economic impact on small entities, and (2) any small entity compliance guide required to be published by an agency. Sets forth criteria for review of a rule, including the continued need for the rule, the complexity of the rule, and the impact of the rule on small entities. Expands to all agencies the procedures for gathering comments on rules that will have a significant economic impact on small entities. Extends RFA requirements to informal agency guidance documents. Amends the Small Business Regulatory Enforcement Fairness Act of 1996 to require each agency to review on a periodic basis the civil penalties it imposes on small entities for violations of statutory or regulatory requirements. Imposes certain additional requirements on agencies prior to the issuance of a final rule, including requirements for: (1) publication of an initial regulatory flexibility analysis, (2) a determination of the average cost of a rule for affected small entities and the number of small entities affected or reasonably presumed to be affected, and (3) consultation with the Chief Counsel for Advocacy for the Small Business Administration (SBA) with respect to the accuracy of information relating to the cost and impact of a final rule. Authorizes appropriations to SBA for FY2012-FY2014 to carry out this Act. Repeals certain provisions of the Small Business Act and the Energy Security and Efficiency Act of 2007 to offset the costs of carrying out this Act and to reduce the federal deficit. Unfunded Mandates Accountability Act - Amends the Unfunded Mandates Reform Act of 1995 to: (1) require regulatory impact analyses for rules that do not involve a legislative mandate and for final rules that do not have a prior notice of proposed rulemaking; (2) require federal agencies to prepare and publish in the Federal Register an initial and final regulatory impact analysis prior to promulgating any proposed or final rule that may have an annual effect on the economy of $100 million or more or that may result in the expenditure of $100 million or more in any one year by state, local, and tribal governments; (3) require such agencies to identify and consider regulatory alternatives before promulgating any proposed or final rule and select the least costly, most cost-effective, or least burdensome alternative; (4) define "cost" as the cost of compliance and any reasonably foreseeable indirect cost resulting from agency rulemaking; (5) exempt rules concerning monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee from provisions of such Act relating to regulatory accountability and reform, review of federal mandates, and judicial review; and (6) expand provisions relating to judicial review of regulatory impact analyses. Amends the Congressional Budget and Impoundment Control Act of 1974 to require independent regulatory agencies to conduct regulatory impact analyses. Government Litigation Savings Act - Revises provisions of the Equal Access to Justice Act (EAJA) and the federal judicial code relating to the fees and other expenses of parties in agency proceedings and court cases against the federal government to: (1) restrict awards of fees and other expenses under such Act to prevailing parties with a direct and personal monetary interest in an adjudication, including because of personal injury, property damage, or an unpaid agency disbursement; (2) require the reduction or denial of awards commensurate with pro bono hours and related fees and expenses to parties who have acted in an obdurate, dilatory, mendacious, or oppressive manner or in bad faith; (3) limit awards to not more than $200,000 in any single adversary adjudication or for more than three adversary adjudications in the same calendar year (unless the adjudicating officer or judge determines that a higher award is required to avoid severe and unjust harm to the prevailing party); and (4) expand the reporting requirements of the Chairman of the Administrative Conference of the United States with respect to fees and other expenses awarded to prevailing parties during the preceding fiscal year. Requires the Comptroller General to audit the implementation of EAJA for the years 1995 through the end of the calendar year in which this Act is enacted. Employment Protection Act of 2011 - Requires the Administrator of the Environmental Protection Agency (EPA) to: (1) analyze the impact on employment levels and economic activity prior to promulgating a regulation, policy statement, guidance document, or endangerment finding, implementing any new or substantially altered program, or issuing or denying any permit (action); (2) hold public hearings on such action; and (3) provide notice, prior to such action taking effect, to the congressional delegation, governor, and state legislature upon determining it will have more than a de minimis negative impact. Farm Dust Regulation Prevention Act of 2011 - Exempts nuisance dust (defined as particulate matter generated from natural sources and agricultural activities typically conducted in rural areas or consisting primarily of soil, windblown dust, or other natural materials) from the Clean Air Act (CAA) and excludes nuisance dust from references in such Act to particulate matter. Makes exceptions with respect to geographical areas where such dust is not regulated under state, tribal, or local law to the extent that the Administrator finds that: (1) nuisance dust causes substantial adverse public health and welfare effects at ambient concentrations; and (2) the benefits of applying CAA standards and other requirements to such dust outweigh the costs. Prohibits the Administrator, for one year after enactment of this Act, from proposing, finalizing, implementing, or enforcing any regulation revising the national primary ambient air quality standard or the national secondary ambient air quality standard applicable to particulate matter with an aerodynamic diameter greater than 2.5 micrometers under the CAA. National Labor Relations Board Reform Act - Amends the National Labor Relations Act to deny the National Labor Relations Board (NLRB) any power to: (1) order an employer (or seek an order against an employer) to restore or reinstate any work, product, production line, or equipment; (2) rescind any relocation, transfer, subcontracting, outsourcing, or other change regarding the location, entity, or employer engaged in production or other business operations; or (3) require any employer to make an initial or additional investment at a particular plant, facility, or location. Applies this denial of power to any complaint for which a final adjudication by the NLRB has not been made by enactment of this Act. Government Neutrality in Contracting Act - Directs the head of any federal agency that awards or obligates funds for any construction contract, or that awards grants, provides financial assistance, or enters into cooperative agreements for construction projects, to ensure that bid specifications, project agreements, or other controlling documents do not: (1) require or forbid a bidder, offeror, contractor, or subcontractor to enter into or adhere to agreements with a labor organization with respect to that construction project or another related construction project; or (2) otherwise discriminate against such a party because it did or did not become a signatory or otherwise adhere to such an agreement. Allows exemptions to avert an imminent threat to public health or safety or to serve national security. Directs the Federal Acquisition Regulatory Council to amend the Federal Acquisition Regulation to implement this Act with respect to the applicable federal contracts. Financial Regulatory Responsibility Act - Prohibits a federal financial regulatory agency from issuing notices of proposed or final rulemakings unless specified analyses have been included in them. Prohibits an agency from publishing a notice of final rulemaking if it determines that the quantified costs are greater than the quantified benefits. Requires an agency to make available on its public website sufficient information about the data, methodologies, and assumptions underlying its analyses so that its analytical results are capable of being substantially reproduced. Requires the chief economist of an agency, within five years after publication in the Federal Register of a notice of final rulemaking, to report to certain congressional committees on the economic impact of the subject regulation, including its direct and indirect costs and benefits. Requires each federal agency to develop, report to certain congressional committees, and post on its public website a plan to modify, streamline, expand, or repeal existing regulations so as to make the agency's regulatory program more effective or less burdensome in achieving its regulatory objectives. Authorizes judicial review for a person adversely affected or aggrieved by a regulation. Establishes the Chief Economists Council to report to certain congressional committees on activities of the financial regulatory agencies. Requires the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) to report separately to certain congressional committees their plans for subjecting to the requirements of this Act the Public Company Accounting Oversight Board, the Municipal Securities Rulemaking Board, and registered national securities associations on the one hand, and registered futures associations on the other. Regulatory Responsibility for our Economy Act - Sets forth general requirements for the federal regulatory system, including the protection of public health, welfare, safety, and the environment, the promotion of predictability in the regulatory process, and the consideration of benefits and costs of regulations. Requires federal agencies to: (1) propose or adopt regulations only upon a reasoned determination that the benefits of such regulations justify their costs; (2) tailor regulations to impose the least burden on society and to maximize economic and other benefits; (3) involve the public and parties affected by regulations in the regulatory process; (4) develop regulatory actions that promote innovation, flexibility, and objectivity; (5) consider methods to promote retrospective analysis of rules that may be outmoded, ineffective, insufficient, or excessively burdensome; and (6) develop plans for reviewing on a periodic basis significant regulation actions (i.e., those having an annual effect on the economy of $100 million or more or otherwise adversely affecting the economy). Reducing Regulatory Burdens Act of 2011 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Water Pollution Control Act (commonly known as the Clean Water Act [CWA]) to prohibit the Administrator of the Environmental Protection Agency (EPA) or a state from requiring a permit under the CWA for a discharge from a point source into navigable waters of a pesticide authorized for sale, distribution, or use under FIFRA, or the residue of such a pesticide, resulting from the application of such pesticide. Makes exceptions with respect to: (1) a discharge resulting from the application of a pesticide in violation of FIFRA that is relevant to protecting water quality, if the discharge would not have occurred but for the violation or if the amount of pesticide or pesticide residue in the discharge is greater than would have occurred without the violation; and (2) stormwater discharges, municipal or industrial effluent discharges, treatment works effluent discharges, and discharges incidental to the normal operation of a vessel that are regulated under the National Pollutant Discharge Elimination System. Domestic Jobs, Domestic Energy, and Deficit Reduction Act - Considers that the Secretary of the Interior has approved the Draft Proposed Outer Continental Shelf Oil and Gas Leasing Program 2010-2015 as a final oil and gas leasing program under the Outer Continental Shelf Lands Act. Directs the Secretary to: (1) conduct a lease sale in each outer Continental Shelf planning area (except the North Atlantic Planning Area) for which there is a commercial interest in purchasing federal oil and gas production leases, and (2) hold lease sales for specified areas in the Central Gulf of Mexico, Western Gulf of Mexico, and the state of Virginia. Amends the Outer Continental Shelf Lands Act (OCSLA) to require the Secretary to approve or disapprove a drill permit application within 20 days after submission. Grants United States Court of Appeals for the Fifth Circuit exclusive jurisdiction over challenges to offshore energy projects and permits to drill carried out in the Gulf of Mexico. Amends the Oil Shale, Tar Sands, and Other Strategic Unconventional Fuels Act of 2005 to require (current law authorizes) the Secretary to conduct lease sales under commercial leasing program regulations in any state if the Secretary finds sufficient support and interest exists in such state for the development of tar sands and oil shale resources. Amends the National Environmental Policy Act of 1969 (NEPA) to require completion of the review of environmental impact statements within 270 days after commencement of such review or the action concerned shall be considered a final agency action with no significant environmental impact. Amends the Clean Air Act to: (1) declare that carbon dioxide, methane from agriculture or livestock, and water vapor are not air pollutants; and (2) require an economic analysis of any requirement of such Act that results in an adverse effect on employment. Requires the Secretary of Commerce to establish an economic review board to assess such an analysis. Amends the Endangered Species Act of 1973 (ESA) to require the Secretary of the Interior or the Secretary of Commerce, upon a state governor's declaration of an emergency, to exempt from the prohibition against taking and the prohibition against adverse modification of critical habitat any action reasonably necessary to avoid or ameliorate the impact of the emergency. Prohibits consideration of the impact of greenhouse gas on any species of fish or wildlife or plant for any purpose in the implementation of the ESA. Instructs the Administrator of the Environment Protection Agency (EPA) to approve the specification of the areas described in the notice entitled "Final Determination of the Assistant Administrator for Water Pursuant to Section 404(c) of the Clean Water Act Concerning the Spruce No. 1 Mine, Logan County, WV." Instructs the Secretary of the Interior to issue or reissue each lease for the production of oil or gas in Utah that was canceled during calendar years 2009 through 2011. Prohibits the Bureau of Reclamation of the Department of the Interior and any California state agency operating a water project in connection with the Central Valley Project from restricting operations of an applicable project pursuant to any biological opinion issued under ESA if it would result in a level of allocation of water less than the historical maximum allocation under the project. Instructs the EPA Administrator to issue without further review or analysis a permit to Shell Oil Company to drill for oil in the Beaufort Sea. Prohibits the award or federal payment of legal fees to an environmental nongovernmental organization in connection with any action: (1) preventing, terminating, or reducing access to production of energy, mineral resources, water by agricultural producers, a resource by commercial or recreational fishermen, or grazing or timber production on federal land; (2) diminishing a property owner's private property value; or (3) eliminating or preventing one or more jobs. Jobs and Energy Permitting Act - Amends the Clean Air Act to require any air quality impact of Outer Continental Shelf (OCS) sources to be measured or modeled and determined solely with respect to the impacts in the corresponding onshore area. Revises requirements for controlling air pollution from OCS sources located offshore of the states along the Pacific, Arctic and Atlantic Coasts, and along the U.S. Gulf Coast off Florida. Exempts any direct emission from any vessel servicing or associated with an OCS source from any emission control requirement applicable to such source. Declares that an OCS source, for platform or drill ship exploration, is established when drilling commences at a location and ceases to exist when drilling activity ends at such location or is temporarily interrupted because the platform or drill ship relocates. Requires: (1) final agency action on a permit application for platform or drill ship exploration for an OCS source under such Act to be taken no later than 180 days after the filing of such application;(2) such final agency action to be considered to be nationally applicable under judicial review; and (3) judicial review of such action to be without additional administrative review or adjudication. Denies the Environmental Appeals Board of the Environmental Protection Agency (EPA) any authority to consider any matter regarding the consideration, issuance, or denial of such permit. Prohibits extension of any administrative stay of the effectiveness of such permit beyond 180 days after the date of filing of such application. American Energy and Western Jobs Act - Rescinds and declares without force or effect: (1) Bureau of Land Management (BLM) Instruction Memoranda numbered 2010-117 (Oil and Gas Leasing Reform -- Land Use Planning and Lease Parcel Reviews) and 2010-118 (Energy Policy Act Section 390 Categorical Exclusion Policy Revision), both issued on May 17, 2010; and (2) Secretarial Order No. 3310 (Wild Lands Policy) issued by the Secretary of the Interior on December 22, 2010. Amends the Mineral Leasing Act to instruct the Secretary to automatically issue a lease 60 days after the date of the payment by the successful bidder of the remainder of the bonus bid and the annual rental for the first lease year, unless the Secretary can issue the lease before that date. Directs the Secretary, before modifying and implementing any onshore oil or natural gas preleasing or leasing and development policy, or a policy relating to protecting the wilderness characteristics of public land, to complete an economic impact assessment and determine that the proposed policy modification will not: (1) result in a detrimental impact on employment opportunities relating to oil- and natural gas-related development, (2) contribute to an increase in the domestic use of imported petroleum resources, or (3) contribute to an aggregate loss of oil and natural gas receipts. Directs the Secretary, acting through the Director of the Bureau of Land Management, and the Secretary of Agriculture, acting through the Chief of the Forest Service, to submit and publicize an annual report detailing for each field office the revenues generated by specified uses of public land. Directs the Secretary to: (1) establish a domestic strategic production goal for the development of oil and natural gas managed by the federal government; and (2) hold a lease sale offering an additional 10 parcels for lease for research, development, and demonstration of oil shale resources in accordance with a specified solicitation of bids for leases. Applies the final rule entitled "Oil Shale Management-General" to all commercial leasing for the management of federally owned oil shale and associated minerals located on federal land. Mining Jobs Protection Act - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to repeal provisions that require the Administrator of the Environmental Protection Agency (EPA) to consult with the Secretary of the Army before denying or restricting the use of specified areas as disposal sites for discharges of dredged or fill material into waters of the United States. Requires the Administrator to provide to the Secretary notice of any concerns with respect to a specification for a disposal site proposed to be issued under a permit to discharge into navigable waters and the reasons for any disapproval of permits. Removes the Administrator's authority to prohibit the specification of any defined area as a disposal site: (1) 60 days after the Administrator receives the proposed specification from the Secretary for review; and (2) once the Secretary has issued a permit for dredged or fill material. Authorizes the Secretary to reevaluate and reissue, or to elect not to reissue, a specification in any case in which, before the enactment of this Act, the Administrator disapproved it after it was issued by the Secretary. Sets forth requirements that must be met before the Administrator or the head of another agency requests that a proposed permit for dredged or fill material receive a higher level of review by the Secretary. Energy Tax Prevention Act - Amends the Clean Air Act, subject to exemptions, to prohibit the Administrator of the Environmental Protection Agency (EPA) from promulgating any regulation concerning, taking action relating to, or taking into consideration, the emission of a greenhouse gas (GHG) to address climate change. Excludes GHGs from the definition of "air pollutant" for purposes of addressing climate change. Repeals and makes ineffective specified rules and actions concerning permit requirements or emission standards for GHGs to address climate change. Prohibits the Administrator from waiving, and invalidates waivers by the Administrator before the enactment of this Act of, the prohibition against states adopting or enforcing standards relating to the control of emissions from new motor vehicles or engines with respect to GHG emissions for model year 2017 or any subsequent model year. Amends the Energy Independence and Security Act of 2007 to repeal the prohibition against any federal agency contract for procurement of an alternative or synthetic fuel for any mobility-related use (other than for research or testing) unless the contract specifies that the lifecycle GHG emissions associated with the production and combustion of the fuel supplied under the contract must, on an ongoing basis, be less than or equal to greenhouse gas emissions from the equivalent conventional fuel produced from conventional petroleum sources. Public Lands Job Creation Act - Declares that if, by 45 days after a state Bureau of Land Management (BLM) office has submitted a Federal Register notice to the Washington, DC, office of the BLM for review by the Department of the Interior, the review has not been completed: (1) the notice shall consider to be approved, and (2) the state BLM office shall immediately forward the notice to the Federal Register for publication. Creating American Jobs through Exports Act of 2011 - Amends the Bipartisan Trade Promotion Authority Act of 2002 to authorize the President to enter into trade agreements with foreign countries regarding tariff and nontariff trade barriers: (1) on and after enactment of this Act and before June 1, 2013; or (2) on and after June 1, 2013, and before December 31, 2013, if certain congressional trade authorities procedures for implementing trade bills are extended for such period. Applies certain congressional and presidential (fast track) trade authorities requirements with respect to agreements on tariff and nontariff barriers to a trade agreement establishing a Trans-Pacific Partnership that resulted from negotiations commenced before enactment of this Act. Revises the standard for the application of certain congressional trade authorities procedures to implementing bills for trade agreements regarding tariff and nontariff trade barriers. Treats as an implementing bill subject to such procedures any bill containing provisions necessary to the implementation and enforcement of a trade agreement.
Bill· SS. 1718 (112th)referred
United States · United States Congress · 17 October 2011
Strengthening Medicare And Repaying Taxpayers Act of 2011- Amends title XVIII (Medicare) of the Social Security Act with respect to any settlement, judgment, award, or other payment between a Medicare claimant and an applicable plan involving a payment made for items and services by the Secretary of Health and Human Services (HHS). Declares that, in the case of a payment to the claimant by the Secretary, and beginning 120 days before the reasonably expected date of a settlement, judgment, award, or other payment, the claimant or applicable plan may at any time but only once: (1) notify the Secretary that a payment is reasonably expected, and (2) request a statement of the conditional payment reimbursement amount for any payments subject to the required reimbursement. Requires the Secretary to respond to such a request, within 65 days after receiving it, with a statement of reimbursement amount. Prescribes procedures for the claimant, an applicable plan, or specified related entities to follow if the Secretary fails to provide such a statement. Specifies circumstances: (1) in which the claimant, an applicable plan, or specified related entities are shielded from liability for certain payments; and (2) in which the Secretary shall be exempt from any obligation for a statement of reimbursement. Directs the Secretary to promulgate regulations establishing a right of appeal and appeals process, with respect to any determination for a payment made under such title for an item or service under a primary plan, under which the applicable plan involved, or an attorney, agent, or third party administrator on behalf of such applicable play, may appeal such determination. Exempts a primary plan, and an entity receiving payment from a primary plan, from any obligation to reimburse the appropriate Trust Fund for a Medicare payment by the Secretary with respect to any settlement, judgment, award, or other payment by an applicable plan constituting a total payment obligation to a claimant of not more than the single threshold amount calculated by the Chief Actuary of the Centers for Medicare & Medicaid Services (CMS). Requires the Chief Actuary to calculate and publish the single threshold amount annually. Makes discretionary rather than mandatory the current civil money penalty for an applicable plan's noncompliance with requirements to submit insurance information about a claimant. Requires the severity of each penalty to be based on the knowing, willful, and repeated nature of the violation. Prescribes requirements for the specification of practices for which sanctions will not be imposed on a plan (safe harbors). Directs the Secretary to modify insurance information reporting requirements so that a plan, in complying with them, is permitted but not required to access or report beneficiary Social Security account numbers or health identification claim numbers. Sets a three-year statute of limitations on a Medicare secondary payer claim by the Secretary for reimbursement against an applicable plan that becomes a Medicare primary payer pursuant to a settlement, judgment, award, or other judicial action.
Bill· HRH.R. 3212 (112th)referred
United States · United States Congress · 14 October 2011
CAH Designation Waiver Authority Act of 2011 - Amends title XVIII (Medicare) of the Social Security Act with respect to the Medicare rural hospital flexibility program and the "35-mile requirement" for designation of a critical access hospital (CAH) that a facility be located in a rural area more than 35 miles (or 15 miles in mountainous terrain or where only secondary roads are available) from another CAH. (A CAH is a hospital certified to receive cost-based reimbursement from Medicare.) Prohibits a state from designating a facility as a CAH unless: (1) it was assigned a Medicare provider number as an acute inpatient hospital before enactment of this Act, and (2) the Secretary of Health and Human Services (HHS) determines that such designation would not result in the total number of facilities so designated in all states on or after enactment of this Act being greater than 10% of the total number of acute inpatient hospitals designated as CAHs in all states as of March 31, 2011.
Bill· HRH.R. 3230 (112th)referred
United States · United States Congress · 14 October 2011
Keeping America Competitive Through Harmonization Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services (HHS) to enter into agreements with listed countries (countries eligible for exports of drugs or biological products that have not been approved under certain circumstances) regarding methods and approaches to harmonizing regulatory requirements for premarket review, inspections, and common international labeling symbols. Requires the Secretary to report on the agreements entered under this Act and to itemize the methods and approaches that have been harmonized pursuant to this Act.
Bill· HRH.R. 3218 (112th)referred
United States · United States Congress · 14 October 2011
Amends the Patient Protection and Affordable Care Act to prohibit the Secretary of Health and Human Services (HHS) from being provided access to data in individually identifiable form for purposes of establishing standards relating to the collection and sharing of risk-related data to carry out risk adjustment activities.
Bill· HRH.R. 3214 (112th)referred
United States · United States Congress · 14 October 2011
Food and Drug Administration Mission Reform Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act to revise the mission of the Food and Drug Administration (FDA) to include establishment of a regulatory system that: (1) advances medical innovation by incorporating modern scientific tools, standards, and approaches; (2) protects the public health and enables patients to access novel products while promoting economic growth, innovation, competitiveness, and job creation among the industries regulated by the FFDCA; (3) is based on the best available science; (4) allows for public participation and an open exchange of ideas; (5) promotes predictability, allows flexibility, and reduces uncertainty; (6) identifies and uses the most innovative and least burdensome tools for achieving regulatory ends; (7) ensures that regulations are accessible, consistent, transparent, written in plain language, and easy to understand; (8) measures, and seeks to improve, the actual results of regulatory requirements; and (9) incorporates a patient-focused benefit-risk framework that accounts for varying degrees of risk tolerance.
Bill· HRH.R. 3211 (112th)referred
United States · United States Congress · 14 October 2011
Humanitarian Device Reform Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act to repeal provisions that prohibit the sale of a medical device approved under the humanitarian device exemption (available for devices designed to treat or diagnose a disease or condition that affects fewer than 4,000 individuals in the United States) for an amount that exceeds the costs of research and development, fabrication, and distribution of the device. Adds provisions clarifying that the 4,000 individuals that must be affected in the United States under the humanitarian device exemption is 4,000 individuals per year so affected.
Bill· HRH.R. 3209 (112th)referred
United States · United States Congress · 14 October 2011
Premarket Predictability Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services (HHS) to assign a tracking number to a medical device upon submission of: (1) an application for an exemption of a device for investigational use, (2) a request to classify a device, or (3) a premarket report or notification related to a device. Requires the Secretary to use the tracking number to record interactions between the Secretary and applicant with respect to the device. Directs the Secretary to: (1) assign a reviewer with prior review experience with the type of of device or technology involved or other relevant expertise to review an application for an exemption of a device for investigational use, and (2) evaluate whether the investigational study can be conducted ethically with reasonable risk in determining whether to grant an exemption for investigational use. Prohibits the Secretary from disapproving an application because the investigation does not or may not meet any requirement relating to the approval or clearance of a device because the Secretary believes that a different clinical testing design or plan could produce data more relevant to an approval or clearance decision. Revises the procedures relating to submission of an application to investigate a class II or a class III device, which may include a plan for determining whether the device is substantially equivalent to or is at least as safe and effective as a legally marketed device that is not subject to premarket approval requirements. Sets forth requirements for the Secretary to meet in determining the least burdensome appropriate means of evaluating medical device effectiveness that would have a reasonable likelihood of resulting in approval. Requires the Secretary to document the scientific and regulatory rationale for any significant decision of the Center for Devices and Radiological Health regarding device review, approval, or exemption. Sets forth appeal procedures. Requires the Secretary to regularly publish detailed decision summaries for each clearance of a device not requiring premarket approval.
Bill· HRH.R. 3208 (112th)referred
United States · United States Congress · 14 October 2011
Patients Come First Act of 2011 - Directs the Secretary of Health and Human Services (HHS): (1) within 90 days after enactment of this Act, to establish the schedule required under the Federal Food, Drug, and Cosmetic Act for the promulgation of regulations requiring premarket approval for medical devices required to remain in class III; and (2) not later than one year after the schedule is established, to issue a final regulation for each such device. Directs the Secretary to: (1) establish a program to assess information relating to device recalls and use such information to proactively identify strategies for mitigating health risks presented by defective or unsafe devices, (2) clarify procedures for conducting device recall audit checks to improve the ability of investigators to perform those checks in a consistent manner, (3) develop detailed criteria for assessing whether a person performing a device recall has performed an effective correction or action plan for the recall, and (4) document the basis for each Food and Drug Administration (FDA) termination of a device recall.
Bill· HRH.R. 3206 (112th)referred
United States · United States Congress · 14 October 2011
Cultivating Scientific Expertise to Foster Innovation for Patients Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act to revise provisions related to financial interests of Food and Drug Administration (FDA) advisory committee members to require the Secretary of Health and Human Services (HHS) to ensure that individual appointments to advisory committees are made to promote scientific and technical expertise while at the same time minimizing any potential conflicts of interest. Requires the Secretary to consider, with respect to any financial interest constituting a potential conflict of interest, the type, nature, and magnitude of the financial interest. Declares that no specific factor shall be dispositive in the Secretary's evaluation of a particular financial interest. Repeals the prohibition specifically applicable to FDA that prevents a member of an advisory committee from participating with respect to a particular matter if such individual or an immediate family member of such individual has a financial interest that could be affected by the advice given to the Secretary.
Bill· HRH.R. 3205 (112th)referred
United States · United States Congress · 14 October 2011
FDA Renewing Efficiency From Outside Reviewer Management Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act to revise and extend through October 1, 2017, provisions authorizing accredited persons to provide classification reports for a medical device and to inspect class II device or class III device facilities. Deems a recommendation of an accredited person as to the classification of a medical device to be accepted by the Secretary of Health and Human Services (HHS) if the Secretary fails to make a determination with respect to the recommendation within 30 days. Requires the Secretary to regularly publish: (1) detailed decision summaries for each clearance of a device, classification of a device, approval of an application of a device, or grant of exemption for a device occurring after the enactment of this Act; and (2) total product life cycles information for devices. Expands the devices for which an accredited person may perform a review to include: (1) a class II device for which clinical data is required in the report, and (2) a class II device which is intended to be permanently implantable or life sustaining or supporting only if notification is provided to the Secretary before such a review. Deems the review permissible if the Secretary does not object within 60 days. Requires the Secretary to provide for the initial training and periodic updating of training of accredited persons. Makes accreditation valid for three years. Sets forth provisions regarding reaccreditation. Prohibits an accredited person from being a sole practitioner. Provides that the prohibitions against an accredited person being owned or controlled by a manufacturer, supplier, or vendor of devices or engaging in the design, manufacture, promotion, or sale of devices shall apply only if the devices are of the same type for which the person is accredited.
Bill· HRH.R. 3204 (112th)referred
United States · United States Congress · 14 October 2011
Guidance Accountability and Transparency Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services (HHS), when issuing guidance documents that set forth initial interpretations of a statute or regulation, set forth changes in interpretation or policy that are of more than a minor nature, include complex scientific issues, or cover highly controversial issues (Level 1 guidance documents), to: (1) publish notice in the Federal Register of the Secretary's intent to prepare such a document at least three months before issuance of a draft, and (2) meet with interested stakeholders and solicit public comment during preparation and before issuance of a draft. Includes within such guidance documents a notice to industry guidance letter, a notice to industry advisory letter, and any similar notice. Sets forth other procedures if the Secretary for good cause finds compliance with such requirements is impracticable, unnecessary, or contrary to the public interest. Requires the Secretary: (1) upon issuing a draft, to designate it as proposed or final; and (2) to issue a final draft within 12 months after issuing a proposed draft. Treats the proposed draft as null and void if the Secretary fails to finalize the draft within such time. Directs the Secretary to conduct a retrospective analysis of a final Level 1 guidance document not less than every five years to ensure it is not outmoded, ineffective, insufficient, or excessively burdensome and to modify or repeal the document accordingly.
Bill· HRH.R. 3203 (112th)referred
United States · United States Congress · 14 October 2011
Novel Device Regulatory Relief Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act to revise the process for requesting classification for a type of medical device that has not been previously classified by removing the requirement that a person can only file a request for classification of a new medical device after the Secretary of Health and Human Services (HHS) classifies the device as a class III device in response to the person filing a notice of intent to market the device.
Bill· HRH.R. 3207 (112th)referred
United States · United States Congress · 14 October 2011
Modernizing Laboratory Test Standards for Patients Act of 2011 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to establish a single publicly accessible test registry data bank of laboratory-developed tests and direct-to-consumer DNA tests, which shall include information on the purpose of each test, the claimed use or uses of each test, and information regarding the analytical validity of each test. Requires notification to the Secretary: (1) before marketing such a test, (2) after any significant modification of such a test, or (3) if the evidence of clinical validity is inadequate to support one or more of the claimed uses. Requires the Secretary, within 90 days of receiving such notification, to determine whether the notification demonstrates clinical validity. Deems the Secretary to have authorized marketing of the test if no response is received within 90 days. Gives the Secretary authority to order a laboratory or test-offering entity to cease offering or marketing a test if the information submitted in notifications does not demonstrate the clinical validity of the claimed uses and the test poses a risk of immediate harm to the public health. Sets forth requirements for: (1) registration of a test-offering entity, (2) information that must be included in disseminated materials and advertising, (3) notice to the Secretary if a test may have caused or contributed to a death or serious bodily injury, and (4) sanctions for violations of this Act. Requires the Secretary to administer this section solely through the Centers for Medicare and Medicaid Services (CMS).
Resolution· HRESH.Res. 442 (112th)referred
United States · United States Congress · 14 October 2011
Recognizes the necessity and urgency of job creation. Supports: (1) targeting federal programs to communities most in need; (2) extending the Emergency Unemployment Compensation program and the Extended Benefits unemployment benefits programs; (3) giving those who have exhausted their unemployment benefits an additional 14 weeks of benefits; (4) expanding on-the-job training for unemployed workers; (5) investing in education at all levels; and (6) investing in improving and modernizing the nation's infrastructure, including the rebuilding of bridges, roads, schools, and other crumbling infrastructure. Encourages: (1) the restoration of the Temporary Assistance for Needy Families Emergency Contingency Fund; (2) the development and implementation of various corps programs and services in the communities, including health care corps, public safety corps, community corps, and teacher corps; and (3) the expansion of Workforce Investment Act programs aimed at youth.
Report· HearingH.Hrg.112published
United States · United States House of Representatives · 13 October 2011
Bill· SS. 1700 (112th)referred
United States · United States Congress · 13 October 2011
Medical Device Regulatory Improvement Act - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services (HHS), in determining the least burdensome appropriate means of evaluating device effectiveness, to: (1) not request information unrelated or irrelevant to demonstration of reasonable assurance of device safety and effectiveness; (2) consider alternative approaches to evaluating device safety and effectiveness; (3) use all reasonable mechanisms to lessen review times and render regulatory decisions; (4) determine whether pre-clinical data can meet the statutory threshold for approval; and (5) utilize, whenever practicable, alternatives to randomized, controlled clinical trials if clinical data are needed. Requires the Secretary, in determining the least burdensome means of determining substantial equivalence, to: (1) focus on whether the device has the same intended use as the predicate device and is as safe and effective as a legally marketed device, (2) not request or accept information unrelated or irrelevant to the substantial equivalence evaluation, (3) review the labeling of the device to assess the intended use of the device and not evaluate issues that do not present a major impact on the intended use as set forth in the labeling, (4) consider alternative approaches to evaluating substantial equivalence, and (5) use all reasonable mechanisms to lessen review times and render regulatory decisions. Repeals conflict-of-interest provisions that are specific to the Food and Drug Administration (FDA) and provides for the continued applicability of conflict-of-interest provisions otherwise applicable to advisory committees, federal employees, and special government employees. Requires the Secretary to contract with an eligible entity for a review of the management and regulatory processes at the Center for Devices and Radiological Health.
Resolution· SCONRESS.Con.Res. 30 (112th)referred
United States · United States Congress · 13 October 2011
Expresses support for: (1) the goals and ideals of National Spina Bifida Awareness Month, and (2) the ongoing development of the National Spina Bifida Patient Registry. Recognizes: (1) the importance of highlighting the occurrence of, and advancing efforts to decrease the incidence of, spina bifida; and (2) the continued need for a commitment of resources for efforts to reduce and prevent disabling birth defects like spina bifida. Commends the work of the Spina Bifida Association to educate, support, and provide hope for people with spina bifida and their families.
Bill· HRH.R. 3194 (112th)referred
United States · United States Congress · 13 October 2011
Job Creation and Regulatory Freeze Act of 2011 - Prohibits a federal agency from issuing a covered regulation for the period beginning 30 days after the enactment of this Act and ending January 20, 2013. Defines a "covered regulation" as a final regulation that did not take effect before September 1, 2011, that directly or indirectly increases costs on businesses in a manner that will have an adverse effect on job creation, job retention, productivity, competitiveness, or the efficient functioning of the economy, and that is likely to: (1) have an annual effect on the economy of $100 million or more; (2) adversely affect in a material way the economy, productivity, competition, jobs, the environment, public health or safety, or state, local, or tribal governments or communities; (3) create a serious inconsistency or otherwise interfere with an action by another agency; (4) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients; or (5) raise novel legal or policy issues. Allows agency heads to exempt covered regulations that: (1) are necessary due to an imminent threat to human health or safety or any other emergency; (2) are necessary to enforce criminal laws, (3) foster private sector job creation; (4) encourage economic growth; (5) reduce regulatory burdens; (6) pertain to a military or foreign affairs function; or (7) are limited to interpreting, implementing, or administering the Internal Revenue Code.
Bill· HRH.R. 3198 (112th)referred
United States · United States Congress · 13 October 2011
Supporting Colorectal Examination and Education Now Act of 2011 or the SCREEN Act of 2011 - Increases Medicare payments to qualifying Medicare providers by 10% for cancer screening tests recommended by the U.S. Preventive Services Task Force. Terminates the increase for a test when it reaches a 75% utilization rate for beneficiaries for whom such screening is recommended. Makes a Medicare provider eligible for such increased payment only if the provider: (1) participates in a nationally recognized quality improvement registry with respect to such test, and (2) demonstrates that the tests were provided in accordance with accepted outcomes-based quality measures. Amends title XVIII (Medicare) of the Social Security Act to waive cost-sharing for colorectal cancer screening tests. Extends Medicare coverage to include an outpatient office visit or consultation prior to a colorectal cancer test consisting of a screening colonoscopy, or in conjunction with an individual's decision regarding the performance of such a test on the individual, for the purpose of beneficiary education, assuring selection of the proper screening test, and securing information relating to the procedure and the sedation of the individual. Requires the Secretary of Health and Human Services (HHS) to reduce the conversion factors for purposes of payment to physicians and hospital outpatient departments under Medicare to offset the additional expenditures under this Act. Amends the Public Health Service Act to require health plans to cover, with no cost-sharing, activities related to certain covered preventive services that are part of the same clinical encounter, such as conducting a biopsy or removing a lesion or growth.
Bill· HRH.R. 3183 (112th)referred
United States · United States Congress · 13 October 2011
Amends the Public Health Service Act to exclude remuneration paid for licensed independent insurance producers from administrative cost calculations for purposes of calculating the medical-loss ratio of a health insurance plan. Defines "independent insurance producer" to mean an insurance agent or broker, insurance consultant, benefit specialist, limited insurance representative, and any other person required to be licensed under the laws of the particular state to sell, solicit, negotiate, service, effect, procure, renew, or bind policies of insurance coverage or offer advice, counsel, opinions, or services related to insurance.
Bill· SS. 1699 (112th)referred
United States · United States Congress · 12 October 2011
Prescription Drug Cost Reduction Act - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to establish a program requiring a manufacturer to provide a rebate to the Secretary for drugs or biologicals furnished under Medicare part B (Supplementary Medical Insurance). Requires the Secretary to negotiate a contract with a manufacturer to establish the amount of payment under Medicare part B for any drug or biological for which the Medicare part B program is the majority purchaser. Requires that payment for both a drug or biological functionally equivalent to another drug or biological and that other drug or biological to be the same as for the least costly of them. Directs the Secretary of HHS to study physician reimbursement for drugs and biologicals furnished under Medicare part B. Imposes on a pharmacy benefit manager (PBM) specified fiduciary duties to the head of each federal agency with which the PBM contracts. Requires the Secretary to develop a form for use by physicians and practitioners to certify that any off-label use (not approved by the Food and Drug Administration [FDA]) for which an applicable drug is prescribed under Medicare is for a medically accepted indication. Amends the Public Health Service Act to: (1) include among "340B" program-covered entities (permitted to buy outpatient drugs at significant discounts) the Program of All-Inclusive Care for the Elderly (PACE); and (2) direct the Secretary to establish a mechanism to ensure that a manufacturer does not pay a duplicate discount with respect to a drug subject to a 340B program agreement if the PACE program receives any rebate (including any negotiated price concessions) for the drug under Medicare part D (Voluntary Prescription Drug Benefit Program). Makes an organization offering prescription drug coverage eligible to receive from the Secretary 10% of the estimated annual savings to the federal government as a result of the organization's participation in the drug discount program under the Public Health Service Act.
Bill· SS. 1689 (112th)referred
United States · United States Congress · 12 October 2011
Veterans Sexual Assault Prevention Act of 2011 - Directs the Secretary of Veterans Affairs to develop and implement, by February 1, 2012, a centralized and comprehensive policy on reporting and tracking sexual assaults and other safety incidents at each medical facility of the Department of Veterans Affairs (VA), including: (1) risk-assessment tools; (2) mandatory security training; (3) physical security precautions (surveillance camera systems and panic alarm systems); (4) criteria and guidance for employees communicating and reporting incidents to specified supervisory personnel, VA law enforcement officials, and the Office of Inspector General; (4) an oversight system within the Veterans Health Administration; (5) procedures for VA law enforcement officials investigating, tracking, and closing reported incidents; and (6) clinical guidance for treating sexual assaults reported over 72 hours after assault. Requires the Secretary to: (1) submit an annual report to Congress on such incidents and policy implementation, and (2) prescribe applicable regulations. Repeals required annual reports concerning registered nurse staffing at VA health care facilities.
Bill· HRH.R. 3172 (112th)referred
United States · United States Congress · 12 October 2011
At-Risk Youth Medicaid Protection Act - Amends title XIX (Medicaid) of the Social Security Act to prohibit a state from terminating (but requires it to suspend) eligibility for medical assistance for an eligible juvenile during the time he or she is an inmate of a public institution. Requires the state to establish a process to ensure that: (1) it does not claim federal financial participation for items and services excluded from covered medical assistance, and (2) the eligible juvenile receives items and services which are covered and for which federal financial participation would have otherwise been permitted but for the juvenile's status as an inmate. Requires the state to: (1) restore automatically full eligibility for such medical assistance to an eligible juvenile upon release from the institution; and (2) take all necessary steps to ensure that the juvenile can begin receiving medical assistance under Medicaid immediately upon such release, unless he or she no longer meets state or federal eligibility requirements.