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Bill· SS. 2333 (105th)open
United States · United States Congress · 21 July 1998
District of Columbia Appropriations Act, 1999 - Makes appropriations for the District of Columbia for FY 1999, including amounts for: (1) the Federal payment for management reform; (2) Federal support for economic development in the District; (3) the Federal payment for Boys Town U.S.A. operations in the District; (4) the Federal payment to the District for the Nation's Capital Infrastructure Fund; (5) the Federal payment to the District's Corrections Trustee for operations; (6) the Federal payment to the District courts; (7) the Federal payment to the District's Offender Supervision, Defender, and Court Services Agency; (8) the Federal payment to the Georgetown Waterfront Park Fund; and (9) a Federal contribution to the District to establish a National Museum of American Music and a City Museum and Visitors Center. Appropriates specified sums out of the District's general fund (and other funds, in some cases) for the current FY for: (1) governmental direction and support; (2) economic development and regulation; (3) public safety and justice; (4) the public education system; (5) human support services; (6) public works; (7) financing and other uses; (8) receivership programs; (9) the District of Columbia Financial Responsibility and Management Assistance Authority (Authority); (10) the Water and Sewer Authority and the Washington Aqueduct; (11) the Lottery and Charitable Games Enterprise Fund; (12) the Cable Television Enterprise Fund; (13) the Public Service Commission; (14) the Office of the People's Counsel; (15) the Office of Banking and Financial Institutions; (16) the Department of Insurance and Securities Regulation; (17) D.C. General Hospital; (18) the Starplex Fund; (19) the D.C. Retirement Board; (20) the Correctional Industries Fund; (21) the Washington Convention Center Enterprise Fund; and (22) capital outlays. Prohibits the District government from employing more than 32,900 full time employee (FTE) positions, exclusive of intra-district FTE positions, during FY 1999. Sets forth authorized uses of, and limitations on, such funds. Bars the use of revenues from Federal sources to support the operations of the D.C. Statehood and Statehood Compact Commissions. Requires the District to identify the sources of funding for Admission to Statehood from its own locally-generated revenues. (Sec. 110) Prohibits funds appropriated in this Act from being available to pay the salary of any District government employee whose name, title, grade, salary, work experience, and salary history are not available for inspection by specified congressional committees and subcommittees and the District Council. (Sec. 114) Bars the D.C. Mayor from borrowing any funds for capital projects without prior approval of the District Council. (Sec. 124) Applies any sequestration orders under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to each account appropriating Federal funds in this Act rather than to the aggregate total of such accounts. Requires the Mayor, in the event such an order is issued after amounts appropriated to the District have been paid, to pay sequestered amounts to the Secretary of the Treasury (Secretary). (Sec. 127) Bars the use of Federal funds provided in this Act to provide for salaries or other expenses associated with the offices of U.S. Senator or Representative under the District of Columbia Statehood Constitutional Convention Initiatives of 1979. (Sec. 129) Prohibits the expenditure of funds appropriated under this Act for abortions except where the mother's life would be endangered if the fetus were carried to term or in cases of rape or incest. (Sec. 130) Permits any entity of the D.C. government, including the Authority, in using the funds for repair and improvement of D.C. public school facilities made available under this Act or any other Act, to place orders for engineering and construction and related services with the Chief of Engineers of the U.S. Army Corps of Engineers. Allows the Chief to accept such orders on a reimbursable basis and to provide any part of such services by contract. (Sec. 131) Bars the use of funds made available by this Act to implement any system of registration of unmarried, cohabitating couples for purposes of extending benefits to such couples on the same basis as such benefits are extended to married couples or to implement the District Domestic Partner Act (also known as the District of Columbia Health Care Benefits Expansion Act of 1992). (Sec. 132) Requires by FY 1999, or within 30 calendar days after the enactment of this Act, whichever occurs later, and each succeeding year, the Chief Executive Officer, Superintendent of the D.C. Public Schools, and the University of the District of Columbia (University) to submit to the appropriate congressional committees, the Mayor, the District Council, the Consensus Commission, and the Authority, a revised appropriated funds operating budget for the public school system and the University for such fiscal year that is in the total amount of the approved appropriation and that realigns budgeted data for personal services and other-than-personal services, respectively, with anticipated actual expenditures. (Sec. 133) Requires the Emergency Transitional Education Board of Trustees, the Board of Trustees of the University, the Board of Library Trustees, and the Board of Governors of the University of the District of Columbia School of Law to vote on and approve their respective annual or revised budgets before submission to the Mayor for inclusion in the Mayor's budget submission to the District Council or before submitting their respective budgets directly to the Council. (Sec. 134) Establishes a ceiling on total operating expenses for the District for FY 1999. Permits increases of such amount for additional approved expenditures which the Chief Financial Officer certifies will produce additional revenues during such fiscal year at least equal to 200 percent of such expenditures. Requires the Authority, within 30 calendar days after the end of each fiscal quarter starting FY 1999, to report to specified congressional committees on an itemized accounting of all non-appropriated funds obligated or expended by the Authority for the quarter. (Sec. 135) Amends the District of Columbia Public Education Act to allow amounts appropriated to the District by the Federal Government (in lieu of donation of public lands for the endowment and maintenance of colleges for the benefit of agriculture and the mechanic arts) to be invested in equity-based securities if approved by the Chief Financial Officer. (Sec. 136) Requires, if a District government department or agency is under the administration of a court-appointed receiver or other court-appointed official during FY 1999 or any succeeding fiscal year, the receiver or official to prepare and submit to the Mayor, for inclusion in the District's annual budget for the year and to be forwarded by the Mayor to the District Council without revision but subject to the Mayor's recommendations, annual estimates of the expenditures and appropriations necessary for the maintenance and operation of the department or agency. Allows the Council to comment or make recommendations concerning such annual estimates but bars the Council from revising the estimates. (Sec. 137) Directs the Authority, the Chief Executive Officer, and the Superintendent of the District public schools to report to specified congressional committees on measures to be taken to ensure that the District's public schools open on time to begin the 1999-2000 academic year. (Sec. 138) Requires an employee of the District public schools to be: (1) classified as an Educational Service employee; (2) placed under the personnel authority of the Board of Education; and (3) subject to all Board rules. Mandates that school-based personnel shall constitute a separate competitive area from nonschool-based personnel who shall not compete with school-based personnel for retention purposes. (Sec. 139) Provides that, for purposes of determining the amount of funds expended by any entity within the District government during FY 1999 and each succeeding fiscal year, any expenditures of the District government attributable to any District government officers or employees who provide services which are within the authority and jurisdiction of the entity (including any portion of the compensation paid to the officer or employee attributable to the time spent in providing such services) shall be treated as expenditures made from the entity's budget, without regard to whether the officers or employees are assigned to the entity or otherwise treated as the entity's officers or employees. Amends the District of Columbia Government Comprehensive Merit Personnel Act of 1978 to modify reduction in force procedures. (Sec. 140) Requires the D.C. Board of Education and the D.C. Public Schools (DCPS), within 120 days after a DCPS student is referred for evaluation or assessment to: (1) assess or evaluate such student who may have a disability and who may require special education services; and (2) if the student is classified as having a disability as defined in provisions of the Individuals with Disabilities Education Act or the Rehabilitative Act of 1973, place that student in an appropriate program of special education services. (Sec. 141) Provides that, notwithstanding any provision of any federally-granted charter or any other provision of law, beginning in FY 1999 and each fiscal year thereafter, the real property of the National Education Association located in the District shall be subject to taxation by the District in the same manner as any similar organization. (Sec. 142) Conditions expenditure of appropriations made by this Act for programs or functions for which a reorganization plan is required only on the approval by the Authority of the required reorganization plan. (Sec. 143) Makes the evaluation process and instruments for evaluating District public school employees a non-negotiable item for collective bargaining purposes. (Sec. 144) Requires the Authority to report to: (1) specified congressional committees on the status of all partnerships or agreements entered into from January 1, 1994, through September 30, 1998, between the District government and any nonprofit organization that provides medical care, substance abuse treatment, low income housing, food and shelter services, abstinence programs, or educational services to children, adults and families residing in the District; and (2) the Congress on the plans by the District government for reinitiating the partnerships or agreements that have been terminated with the respective nonprofit organization. (Sec. 145) Repeals the Residency Requirement Reinstatement Amendment Act of 1998. (Sec. 146) Amends the District of Columbia Financial Responsibility and Management Assistance Act of 1995 to require that beginning with the FY 2000 fiscal plan or budget submitted pursuant to this Act, such Act shall contain $150 million for a Reserve to be established by the Chief Financial Officer and the Authority to be expended only according to criteria established by the Chief Financial Officer and approved by the Authority. (Sec. 147) Allows funds accumulated during FY 1999 through fees that are otherwise non-appropriated funds to the District to be expended during FY 1999 by the Chief Financial Officer up to the amount certified by the Chief Financial Officer with the prior written approval of the Authority. (Sec. 148) Authorizes the Board of Trustees of the District of Columbia Public Library to hire a fund raiser and to raise funds from private sources and expend those funds for the benefit of the Library, with the prior review and approval of the Chief Financial Officer and the Authority. (Sec. 149) District of Columbia Adoption Improvement Act of 1998 - Requires the District of Columbia Child and Family Services (Family Services) to: (1) report to the Congress the number of children in the custody of the District who are legally free for adoption; (2) establish a database listing and tracking any child who is in the custody of the District with the goal of adoption or legally free for adoption; and (3) enter into contracts with private service providers to perform some of the adoption recruitment and placement functions of Family Services including recruitment, homestudy, and placements. Subjects the contracts to the competitive bidding process and an outcomes based out-sourcing and requires the contracts to compensate the winning bidder solely upon completion of a service. Outlines criteria for completion of a service. Sets forth provisions regarding: (1) removal of barriers to such adoptions; and (2) prohibition against a child being exclusively assigned to a specific private service provider or otherwise embargoed. Provides that Family Services shall retain the custody of any child on whose behalf a private service provider performs recruitment and placement functions pursuant to this Act. (Sec. 150) Amends the Revitalization and Self-Government Improvement Act of 1997 to revise the duties of the Director of the District of Columbia Offender, Supervision, Defender, and Courts Services Agency to include carrying out all functions which have been carried out by the Social Services Division of the Superior Court relating to supervision of adults subject to protection orders or provision of services for or related to such persons. Amends the District of Columbia Code to: (1) give the Director of Social Services in the Superior Court charge over all juvenile social services for the Court; (2) bar the Director from jurisdiction over any adult under supervision; (3) coordinate with and utilize, to the maximum extent feasible, the services of the Agency; and (4) conduct studies and make reports, as directed by the Executive Officer of the Superior Court, relating to the utilization of juvenile social services as an adjunct to such Court. (Sec. 151) Permits the Authority to employ a Chief Management Officer (CMO) of the District to be appointed by the Chair with the consent of the Authority. Requires the CMO to assist the Authority in the fulfillment of the Authority's responsibilities under the District of Columbia Management Reform Act of 1997 to improve the effectiveness and efficiency of the District government. Validates the employment agreement entered into as of January 15, 1998, between the CMO and the Authority. (Sec. 152) Requires the salaries of the Chief Financial Officer and the Inspector General of the District to be paid at an annual rate determined by the Authority (currently, the Mayor) sufficient in the judgment of the Authority to obtain the services of the individuals with the skills and experience required to discharge the duties of such offices. (Sec. 154) Increases from three to five the number of consecutive fiscal years in which the Inspector General is allowed to enter into a contract with the same auditor who is not an officer or employee of the Inspector's Office to audit the complete financial statement and report on the activities of the District government for a fiscal year. (Sec. 155) Prohibits funds provided under this Act or provided under previous appropriations Acts to the agencies funded by this Act, both Federal and District government agencies, that remain available for obligation or expenditure in FY 1999, or provided from Treasury accounts derived by the collection of fees available to the agencies funded by this Act, from being available for obligation or expenditure for an agency through a reprogramming of funds which: (1) creates new programs; (2) eliminates a program project or activity; (3) establishes or changes allocations specifically denied, limited, or increased by the Congress in the Act; (4) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (5) reestablishes through reprogramming any program or project previously deferred through reprogramming; (6) augments existing programs, projects, or activities through a reprogramming of funds in excess of $1 million or 20 percent, whichever is more; or (7) increases by 20 percent or more personnel assigned to a specific program, project, or activity, unless the Appropriations Committees of both the Senate and the House of Representatives are notified in writing 15 days in advance of such reprogramming of funds. (Sec. 156) Requires funds allocated to management reform by the Authority in the District of Columbia Appropriations Act, 1998 under deficit reduction and revitalization (contained in the Authority's notification of June 24, 1998) to remain available for management reform until September 30, 1999. (Sec. 157) Requires the Authority's Executive Director to be paid at an annual rate determined by the Authority sufficient in the judgment of the Authority to obtain the services of an individual with the skills and experience required to discharge the duties of the office.
Bill· SS. 2335 (105th)referred
United States · United States Congress · 21 July 1998
Medicare Waste Tax Reduction Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to: (1) establish new minimum levels increasing the number of annual medical, utilization, and fraud reviews and provider cost report audits under the Medicare Integrity Program (MIP), particularly with regard to providers, individuals, and areas that the Secretary of Health and Human Services determines are subject to abuse and most likely to result in mispayment and overpayment recoveries; and (2) provide for an increase in appropriated amounts to MIP's Health Care Fraud and Abuse Control Account, with certain additional amounts to be used for review and audit costs. (Sec. 3) Authorizes appropriations for carrying out, and expanding nationwide, the Administration on Aging's Health Care Anti-Fraud, Waste and Abuse Community Volunteer Demonstration Projects. (Sec. 4) Amends the Balanced Budget Act of 1997 and SSA title XVIII part B (Supplementary Medical Insurance) to eliminate the general 15 percent limitation on the amount of reductions that may be made in payment rates (except those for physician services) that are grossly excessive or grossly deficient and therefore not inherently reasonable. (Sec. 5) Amends SSA title XVIII to: (1) give the Secretary certain oversight responsibility with regard to home health agencies through validation surveys of agencies previously surveyed by the State; (2) restructure the payment rate for prescription drugs and biologicals, setting the payment amount, generally, at the lowest of either the actual acquisition cost or 95 percent of the average wholesale cost; and (3) make certain changes regarding the provision of information by group health plans in order to ensure that Medicare does not reimburse claims owed by other payers. (Sec. 8) Amends SSA title XI and the Health Insurance Portability and Accountability Act of 1996 with regard to criminal penalties for acts involving Federal health care programs to repeal the expanded exception to anti-kickback penalties for eligible organizations and risk-sharing contracts. (Sec. 9) Amends SSA title XI to apply certain criminal penalties for kickbacks to all health care benefit programs. (Sec. 10) Provides for: (1) the extension of subpoena and injunction authority with respect to the exclusion of certain individuals and entities from participation in Medicare and State health care programs; (2) civil monetary penalties for services ordered or prescribed by a person excluded from the program under which the claim was made, and the person furnishing the ordered or prescribed item or service knows or should know of such exclusion; and (3) civil monetary penalties for false certification of eligibility to receive partial hospitalization and hospice services. (Sec. 13) Amends part A (General Provisions) of SSA title XI to provide that Medicare- and Medicaid-related disciplinary actions are not stayed by bankruptcy proceedings, and Medicare- and Medicaid-related debt is not dischargeable in bankruptcy. Amends SSA title XVIII to provide for the use of Medicare standards and procedures in bankruptcy proceedings. (Sec. 14) Amends part B (Peer Review) of SSA title XI, in order to improve private sector coordination in combatting health care fraud, to shield health plans, plan issuers, and their employees from liability in any civil action for providing information to applicable Federal, State, or local law enforcement officials regarding suspected health care fraud, as long as such information is not false, and the person providing the information had no reason to believe the information was false. (Sec. 15) Amends SSA title XVIII with regard to agreements with service providers to allow the Secretary to: (1) establish a procedure for enrollment of individuals or entities that are not service providers subject to such provisions, but that furnish health care items or services under Medicare; and (2) impose fees for initiation and renewal of provider agreements and for enrollment and periodic reenrollment of other individuals and entities furnishing health care items or services under Medicare. (Sec. 16) Directs the Secretary to: (1) develop and implement a comprehensive plan of activities to improve compliance among health care providers with rules and regulations under the Medicare program; and (2) contract with the Institute of Medicine of the National Academy of Sciences to establish a committee to study and report to the Secretary and appropriate congressional committees on Medicare program administrative requirements applicable to Medicare health care providers, including any recommendations for minimizing such requirements. Provides for funding for such plan and authorizes appropriations for such study. (Sec. 18) Amends SSA title XI with regard to the exclusion of certain individuals and entities from participation in Federal health care programs (which includes certain State health care programs), to apply such exclusion to employment under such programs as well. Restricts certain notice requirements to Federal health care programs (currently, State health care programs). Includes the Federal Employees Health Benefit Program among Federal health care programs. (Sec. 19) Amends SSA title XVIII to modify the special payment rules for items of durable medical equipment to add as alternative payment bases the least expensive amount that the supplier of the item is paid by a Medicare+Choice organization or by any Federal health care program for such item. Requires the Secretary to adjust the payment rate for an item based on either such alternative basis to reflect any excess of administrative costs (of billing and receiving reimbursement) over the administrative costs associated with providing such item to a Medicare+Choice organization or by any Federal health care program. (Sec. 20) Directs the Secretary to require Medicare carriers to use commercial claims auditing systems, as a supplement to any other information technology currently used in processing claims, to process Medicare part B claims for the purpose of identifying billing errors and abuses. (Sec. 21) Amends SSA title XVIII with regard to partial hospitalization services to: (1) exclude services provided in a skilled nursing facility or in an individual's personal residence; (2) authorize the Secretary to establish additional conditions for community mental health centers; and (3) authorize the Secretary to establish by regulation a prospective payment system for such services provided by such a center or by a hospital to its outpatients.
Bill· HRH.R. 4281 (105th)open
United States · United States Congress · 21 July 1998
Patient Privacy Act of 1998 - Amends title XI of the Social Security Act to repeal: (1) the mandate for standards for unique health identifiers for each individual, employer, health plan, and health care provider for use in the health care system; and (2) the offense of wrongful disclosure of such identifiers.
Bill· HRH.R. 4274 (105th)open
United States · United States Congress · 20 July 1998
TABLE OF CONTENTS: Title I: Department of Labor Title II: Department of Health and Human Services Title III: Department of Education Title IV: Related Agencies Title V: General Provisions Title VI: Child Protection Act of 1998 Title VII: Miscellaneous Provisions Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1999 - Title I: Department of Labor - Department of Labor Appropriations Act, 1999 - Makes appropriations for FY 1999 to the Department of Labor for: (1) training and employment services; (2) community service employment for older Americans; (3) Federal unemployment benefits and allowances; (4) State unemployment insurance and employment service operations; (5) advances to the Unemployment Trust Fund and other trust funds; (6) employment and training program administration; (7) the Pension and Welfare Benefits Administration and the Pension Benefit Guaranty Corporation; (8) the Employment Standards Administration; (9) certain special benefits; (10) the Black Lung Disability Trust Fund; (11) the Occupational Safety and Health Administration; (12) the Mine Safety and Health Administration; (13) the Bureau of Labor Statistics; (14) departmental management; (15) the Assistant Secretary for Veterans Employment and Training; and (16) the Office of Inspector General. Sets forth authorized uses of, and limitations on, funds appropriated under this title. Title II: Department of Health and Human Services - Department of Health and Human Services Appropriations Act, 1999 - Makes appropriations for FY 1999 to the Department of Health and Human Services (HHS) for: (1) the Health Resources and Services Administration; (2) the Medical Facilities Guarantee and Loan Fund for Federal interest subsidies for medical facilities; (3) health education assistance loans; (4) the Vaccine Injury Compensation Program Trust Fund; (5) Centers for Disease Control and Prevention; (6) the National Institutes of Health (NIH), including amounts for the John E. Fogarty International Center, the National Library of Medicine, the Office of the Director, and buildings and facilities; (7) the Substance Abuse and Mental Health Services Administration; (8) retirement pay and medical benefits for Public Health Service commissioned officers; (9) the Agency for Health Care Policy and Research; (10) the Health Care Financing Administration for grants to States for Medicaid, payments to health care trust funds, program management, and the Health Maintenance Organization Loan and Loan Guarantee Fund; (11) the Administration for Children and Families for family support payments to States; (12) low income home energy assistance; (13) refugee and entrant assistance; (14) the child care and development block grant; (15) the social services block grant; (16) children and families services programs; (17) family preservation and support; (18) payments to States for foster care and adoption assistance; (19) the Administration on Aging; (20) the Office of the Secretary for general departmental management; (21) the Office of Inspector General; (22) the Office for Civil Rights; and (23) policy research. Sets forth authorized uses of, and limitations on, funds appropriated under this title. (Sec. 202) Directs the Secretary of HHS to make available through assignment not more than 60 employees of the Public Health Service to assist in child survival activities and to work in AIDS programs through and with funds provided by the Agency for International Development, the United Nations International Children's Emergency Fund or the World Health Organization. (Sec. 211) Prohibits funds appropriated in this Act from being made available under title X (population research and voluntary family planning) of the Public Health Service Act (PHSA), unless the award applicant certifies to the Secretary that it encourages family participation in the decision of minors to seek family planning services, and provides counseling to minors on resisting attempts to coerce them into engaging in sexual activities. (Sec. 216) Names the Consolidated Laboratory Building (Building 50) at NIH the Louis Stokes Laboratories. (Sec. 217) Prohibits the use of funds appropriated by this Act to carry out the Medicare+Choice program if the Secretary denies participation in such program to an otherwise eligible entity (including a Provider Sponsored Organization) because the entity informs the Secretary that it will not provide, pay for, provide coverage of, or provide referrals for abortions. (Sec. 218) Prohibits the expenditure of funds under this Act to reimburse States for Viagra (except for postsurgical treatment). Requires the availability of up to $100 million of the amount of such reduction in budget authority and outlays to enhance mental health services for children with emotional and behavioral disorders who are at risk of violent behavior. (Sec. 219) Prohibits the use of funds under this Act to take any administrative action against States that do not cover Viagra or any other drug or device under section 1927 of the Social Security Act for the treatment of erectile dysfunction. (Sec. 220) Declares that no provider of services under title X of the PHSA shall be exempt from any State law requiring notification or the reporting of child abuse, child molestation, sexual abuse, rape, or incest. Prohibits appropriations for carrying out title X of PHSA from being made available to any family planning project if any service provider in the project knowingly provides contraceptive drugs or devices to a minor, unless: (1) the minor is emancipated under applicable State law; (2) the minor has the written consent of a custodial parent or custodial legal guardian to receive the drugs or devices; (3) a court of competent jurisdiction has directed that the minor may receive the drugs or devices; or (4) such service provider has given actual written notice, to a custodial parent or custodial legal guardian of the minor, of the intent to provide the drugs or devices, at least five business days before providing them. Title III: Department of Education - Department of Education Appropriations Act, 1999 - Makes appropriations for FY 1999 to the Department of Education for: (1) education reform; (2) education for the disadvantaged; (3) impact aid; (4) school improvement activities; (5) Indian education; (6) bilingual and immigrant education; (7) special education; (8) rehabilitation services and disability research; (9) special institutions for persons with disabilities, including the American Printing House for the Deaf, the National Technical Institute for the Deaf, the Kendall Demonstration Elementary School, the Model Secondary School for the Deaf, and Gallaudet University; (10) vocational and adult education; (11) student financial assistance; (12) the Federal Family Education Loan (FFEL) program account; (13) higher education; (14) Howard University; (15) the college housing and academic facilities loans program; (16) the historically Black college and university capital financing program account; (17) education research, statistics, and improvement; (18) departmental management; (19) the Office for Civil Rights; and (20) the Office of the Inspector General. Sets forth authorized uses of, and limitations on, funds appropriated under this title. (Sec. 301) Prohibits funds appropriated in this Act from being used to: (1) transport teachers or students in order to overcome racial imbalance in any school or to carry out a racial desegregation plan; or (2) prevent the implementation of programs of voluntary prayer and meditation in public schools. (Sec. 305) Amends the General Education Provisions Act to bar the use of funds provided to the Department of Education or to an applicable program in any Act in FY 1999 to field or pilot test, implement, administer, or distribute national tests. Makes such prohibition inapplicable to the International Math and Science Study or the National Assessment of Educational Progress (NAEP). (Sec. 306) Amends the Higher Education Act of 1965 to allow certain institutions of higher education to use specified funds for endowment building purposes. (Sec. 307) Prohibits use of funds under this Act to enforce certain annual compliance audit requirements of the guaranteed student loan program under the Higher Education Act of 1965 (HEA) against those lenders with guaranteed student loan portfolios that do not exceed $5 million. (Sec. 308) Allows States and local educational agencies to use specified funds for innovative programs. (Sec. 309) Amends the Individuals with Disabilities Education Act (IDEA) to revise requirements relating to: (1) child placements in alternative educational settings; and (2) the Secretary's reducing or withholding payments to States. (Sec. 311) Amends the Elementary and Secondary Education Act of 1965 to revise requirements for applications and priorities in funding bilingual education and special alternative instructional programs. Sets at two years the maximum period for a student to be in such a program, with specified exceptions involving comprehensive evaluations and a maximum of four years. Directs the Secretary of Education to report annually to specified congressional committees: (1) identifying the ten percent of funding recipients that have been the least successful in assisting students in attaining English proficiency by the end of their second academic year of enrollment in a bilingual education program or special alternative instructional program; and (2) explaining if and why funding will be continued for such a program. Title IV: Related Agencies - Makes appropriations for FY 1999 to the: (1) Armed Forces Retirement Home; (2) Corporation for National and Community Service; (3) Corporation for Public Broadcasting; (4) Federal Mediation and Conciliation Service; (5) Federal Mine Safety and Health Review Commission; (6) Institute of Museum and Library Services; (7) Medicare Payment Advisory Commission; (8) National Commission on Libraries and Information Science; (9) National Council on Disability; (10) National Education Goals Panel; (11) National Labor Relations Board; (12) National Mediation Board; (13) Occupational Safety and Health Review Commission; (14) Railroad Retirement Board for the dual benefits payments account, Federal payments to the railroad retirement accounts, administration, and the Office of Inspector General; (15) Social Security Administration for payments to the social security trust funds, special benefits for disabled coal miners, the Supplemental Security Income (SSI) Program, administrative expenses, and the Office of Inspector General; and (16) U.S. Institute of Peace. Title V: General Provisions - Sets forth authorized uses of, and limitations on, funds appropriated under this Act. (Sec. 506) Sets forth Buy American requirements. (Sec. 509) Prohibits funds appropriated under this Act from being expended for abortions or for health benefits coverage that includes coverage of abortion, except in cases where the pregnancy is the result of rape or incest or where a woman suffers from a physical condition that would, as certified by a physician, place her in danger of death unless an abortion is performed. (Sec. 511) Prohibits the use of funds made available in this Act for: (1) the creation of a human embryo for research purposes; or (2) research in which a human embryo is destroyed or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under Federal regulations and the Public Health Service Act. (Sec. 512) Prohibits the use of funds made available in this Act for activities to promote the legalization of a controlled substance unless there is significant medical evidence of a therapeutic advantage to the use of such substance or that federally-sponsored trials are being conducted to determine such advantage. (Sec. 514) Bars the use of funds made available in this Act to pay the expenses of an election officer appointed by a court to oversee an election of any officer or trustee for the International Brotherhood of Teamsters. (Sec. 516) Amends the National Labor Relations Act to direct the National Labor Relations Board to assert jurisdiction over any labor dispute involving any class or category of employers over which it would assert jurisdiction under the standards prevailing on August 1, 1959, with specified inflation adjustments to financial threshold amounts. Title VI: Child Protection Act of 1998 - Child Protection Act of 1998 - Requires any elementary or secondary school or public library that has received any Federal funds for acquisition or operation of any computer accessible to minors that has access to the Internet to: (1) install software on that computer that is adequately designed to prevent minors from obtaining access to any obscene information using that computer; and (2) ensure that such software is operational whenever that computer is used by minors, except that such software's operation may be temporarily interrupted to permit a minor to have access to information that is not obscene or otherwise unprotected by the Constitution under the direct supervision of an adult designated by such school or library. (Sec. 602) Authorizes Federal agency heads, if they have reason to believe that any recipient of funds failing to comply substantially with such requirements, to: (1) withhold further payments under that program or activity; (2) issue a complaint to compel compliance through a cease and desist order; or (3) enter into a compliance agreement with a recipient. Title VII: Miscellaneous Provisions - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Social Security Act to establish standards relating to access to routine and preventive obstetrical and gynecological services under group health plans, group and individual health insurance coverage, Medicare, and Medicaid. (Sec. 702) Amends the Federal Cigarette Labeling and Advertising Act to require cigarette labels and advertising to include the Surgeon General's warning that African Americans suffer the highest death rates from several diseases caused by smoking.
Bill· HRH.R. 4276 (105th)open
United States · United States Congress · 20 July 1998
TABLE OF CONTENTS: Title I: Department of Justice Title II: Department of Commerce and Related Agencies Title III: The Judiciary Title IV: Department of State and Related Agencies Title V: Related Agencies Title VI: General Provisions Title VII: Rescissions Title VIII: Citizens Protection Subtitle A: Ethical Standards for Federal Prosecutors Subtitle B: Punishable Conduct Departments of Commerce, Justice, and State, and Judiciary, and Related Agencies Appropriations Act, 1999 - Makes appropriations for FY 1999 for the Departments of Commerce, Justice, and State, the judiciary, and related agencies. Title I: Department of Justice - Department of Justice Appropriations Act, 1999 - Makes appropriations for the Department of Justice for: (1) general administration; (2) counterterrorism activities; (3) administration of pardon and clemency petitions and immigration-related activities; (4) the Office of Inspector General; (5) the U.S. Parole Commission; (6) legal activities; (7) antitrust activities; (8) the Offices of U.S. Attorneys; (9) the U.S. Trustee Program; (10) the Foreign Claims Settlement Commission; (11) the U.S. Marshals Service, including an amount for expenses related to prisoners in the custody of the Marshals Service; (12) fees and expenses of witnesses; (13) the Community Relations Service; (14) certain uses of the Assets Forfeiture Fund; (15) administrative expenses related to the Radiation Exposure Compensation Act; (16) interagency law enforcement with respect to organized crime drug trafficking; (17) the Federal Bureau of Investigation; (18) construction for specified agencies; (19) the Drug Enforcement Administration; (20) the Immigration and Naturalization Service, including an amount for violent crime reduction programs; (21) the Federal prison system, including amounts for buildings and facilities; (22) the Office of Justice programs; (23) State and local law enforcement assistance, including amounts for violent crime reduction programs; (24) the Executive Office for Weed and Seed; (25) community-oriented policing services for violent crime reduction; (26) juvenile justice programs; and (27) public safety officers' benefits. Sets forth authorized uses of, and limitations on, such funds. Establishes a Justice Prisoner and Alien Transportation System Fund for the payment of expenses related to the scheduling and transportation of U.S. prisoners and illegal and criminal aliens in the custody of the U.S. Marshals Service. (Sec. 103) Prohibits the use of funds appropriated by this title to: (1) pay for abortions except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape; or (2) require any person to perform or facilitate an abortion. (Sec. 109) Amends the Federal judicial code to extend the authority of the Attorney General to transfer real or personal property of limited value to State or local government agencies to support drug abuse treatment, drug and crime prevention and education, housing, job skills, and other community-based public health and safety programs during FY 1999. Title II: Department of Commerce and Related Agencies - Department of Commerce and Related Agencies Appropriations Act, 1999 - Makes appropriations for the Department of Commerce for: (1) the Office of the U.S. Trade Representative; (2) the International Trade Commission; (3) international trade administration; (4) export administration and national security activities; (5) the Economic Development Administration; (6) minority business development; (7) economic and statistical analysis programs; (8) the Census Bureau; (9) the National Telecommunications and Information Administration; (10) public telecommunications facilities, planning, and construction grants; (11) information infrastructure grants; (12) the Patent and Trademark Office; (13) the Under Secretary for Technology-Office of Technology Policy; (14) the National Institute of Standards and Technology, including the Manufacturing Extension Partnership and for construction and renovation of facilities; (15) the National Oceanic and Atmospheric Administration (NOAA), including amounts for procurement, acquisition, and construction of capital assets; (16) the Coastal Zone Management Fund; (17) the Fishermen's Contingency Fund; (18) the Foreign Fishing Observer Fund; (19) the fisheries finance program account; (20) general administration; and (21) the Office of Inspector General. Rescinds specified amounts of funds for Patent and Trademark Office salaries and expenses and NOAA procurement, acquisition, and construction. Sets forth authorized uses of, and limitations on, such funds. (Sec. 210) Amends the Magnuson-Stevens Fishery Conservation and Management Act to grant the States of Alabama, Louisiana, and Mississippi exclusive fishery management authority over all fish in the Gulf of Mexico within nine miles of the coast of each such State. Title III: The Judiciary - Judiciary Appropriations Act, 1999 - Makes appropriations for: (1) the Supreme Court, including an amount for care of the building and grounds; (2) the U.S. Court of Appeals for the Federal Circuit; (3) the U.S. Court of International Trade; (4) the courts of appeals, district courts, and other judicial services; (5) violent crime reduction programs; (6) defender services; (7) fees of jurors and commissioners; (8) court security; (9) the Administrative Office of the U.S. Courts; (10) the Federal Judicial Center; (11) judicial retirement funds; and (12) the U.S. Sentencing Commission. Sets forth authorized uses of, and limitations on, such funds. Title IV: Department of State and Related Agencies - Department of State and Related Agencies Appropriations Act, 1999 - Makes appropriations for the Department of State for: (1) administration of foreign affairs, diplomatic and consular programs; (2) salaries and expenses; (3) the Capital Investment Fund; (4) the Office of Inspector General; (5) representation allowances; (6) protection of foreign missions and officials; (7) security and maintenance of U.S. missions; (8) emergencies in the diplomatic and consular service; (9) the repatriation loans program account; (10) the American Institute in Taiwan; (11) the Foreign Service Retirement and Disability Fund; (12) international organizations, conferences, peacekeeping, and commissions, including an amount for arrearage payments to the United Nations, subject to conditions; (13) the Asia Foundation; and (14) the Arms Control and Disarmament Agency. Appropriates funds for the U.S. Information Agency (USIA) for: (1) international information programs; (2) educational and cultural exchanges; (3) the Eisenhower Exchange Fellowships, Incorporated; (4) the Israeli Arab Scholarship Program; (5) international broadcasting, including broadcasting to Cuba; (6) radio construction; and (7) the National Endowment for Democracy. Sets forth authorized uses of, and limitations on, funds appropriated under this title. (Sec. 403) Provides for border equalization adjustments for certain State Department, USIA, Agency for International Development, and International Joint Commission employees who commute from a residence in the United States to an official duty station in Canada or Mexico. (Sec. 404) Redesignates: (1) the Japan-United States Friendship Commission as the United States-Japan Commission; and (2) the Japan-United States Friendship Trust Fund as the United States-Japan Trust Fund. (Sec. 406) Amends the International Organizations Immunities Act to extend privileges and immunities under such Act to the United Nations Industrial Development Organization in the same manner as such privileges and immunities are extended to a public international organization in which the United States participates. (Sec. 407) Amends Federal civil service provisions to make certain special agents of the Diplomatic Security Service eligible for availability premium pay for criminal investigators. Title V: Related Agencies - Makes appropriations for the: (1) Maritime Administration for maritime security, operations and training, and the maritime guaranteed loan program; (2) Commission for the Preservation of America's Heritage Abroad; (3) Commission on Civil Rights; (4) Commission on Security and Cooperation in Europe; (5) Equal Employment Opportunity Commission (EEOC); (6) Federal Communications Commission; (7) Federal Maritime Commission; (8) Federal Trade Commission; (9) Legal Services Corporation; (10) Marine Mammal Commission; (11) Securities and Exchange Commission; (12) Small Business Administration, including amounts for the Office of Inspector General, business and disaster loans, and capital for the Surety Bond Guarantees Revolving Fund; and (13) State Justice Institute. Sets forth authorized uses of, and limitations on, such funds. Title VI: General Provisions - Sets forth limitations on the use of funds under this Act. (Sec. 607) Sets forth Buy American provisions. (Sec. 608) Prohibits the use of funds made available in this Act to enforce any EEOC guidelines covering harassment based on religion if such guidelines do not differ from proposed guidelines of October 1, 1993. (Sec. 609) Prohibits funds appropriated by this Act from being expended to pay for costs incurred in operating certain diplomatic or consular posts in Vietnam or increasing the number of personnel assigned to such posts unless the President certifies that the Vietnamese Government is cooperating in specified activities regarding resolution of sightings of, and accounting for, prisoners-of-war and individuals missing in action, recovery and analysis of American remains, and investigations in Laos. (Sec. 610) Prohibits the use of funds made available by this Act for any United Nations undertaking if: (1) such undertaking is a peacekeeping mission and will involve U.S. armed forces under the command of a foreign national; and (2) the President's military advisors have not submitted a recommendation that such involvement is in the national security interest and the President has not submitted such recommendation to the Congress. (Sec. 611) Prohibits the use of funds made available in this Act to provide specified personal comforts in the Federal prison system. (Sec. 616) Bars the use of funds made available in this Act to issue or renew a fishing permit or authorization for any U.S. vessel exceeding certain limitations on length or tonnage and horsepower: (1) as specified in the permit application and authorization required to engage in fishing for Atlantic mackerel or herring under the Magnuson-Stevens Fishery Conservation and Management Act; or (2) that would allow such vessel to engage in the catching or harvesting of fish in any other fishery within the U.S. exclusive economic zone (except territories), unless a certificate of documentation had been issued for the vessel and endorsed with a fishery endorsement that was effective on September 25, 1997. Invalidates any permit or authorization issued or renewed prior to this Act's enactment date that would allow a vessel subject to such prohibition to engage in fishing for Atlantic mackerel or herring during FY 1999. Prohibits the use of funds made available in this Act to allow a vessel with such invalidated permit or authorization to engage in the catching or harvesting of fish in any other fishery within the U.S. exclusive economic zone. (Sec. 617) Makes funds provided by this Act unavailable to promote the sale or export of tobacco or tobacco products or to seek the reduction or removal by any foreign country of restrictions on the marketing of such products, except for restrictions which are not applied equally to all products of the same type. (Sec. 618) Prohibits the use of funds made available in this Act to pay the expenses of an election officer appointed by a court to oversee an election of any officer or trustee for the International Brotherhood of Teamsters. Title VII: Rescissions - Rescinds specified amounts of funds made available for the Department of Justice for: (1) the working capital fund; and (2) the U.S. Trustee System Fund. Title VIII: Citizens Protection - Citizens Protection Act of 1998 - Subtitle A: Ethical Standards for Federal Prosecutors - Subjects a Government attorney to State laws and rules, and local Federal court rules, governing attorneys in each State where such attorney engages in duties to the same extent and in the same manner as other attorneys in that State. Directs the Attorney General to make and amend rules of the Department of Justice (DOJ) to assure compliance with this subtitle. Subtitle B: Punishable Conduct - Directs the Attorney General to: (1) establish by rule that it shall be punishable conduct for any DOJ employee to seek an indictment in the absence of probable cause, to fail promptly to release information that would exonerate a person under indictment, to intentionally or knowingly misstate or alter evidence, to attempt to influence or color a witness' testimony, to act to frustrate or impede a defendant's right to discovery, to offer or provide sexual activities to any government witness or potential witness, to leak or otherwise improperly disseminate information to any person during an investigation, or to engage in conduct that discredits DOJ; and (2) establish penalties for engaging in such conduct, including probation, demotion, dismissal, referral of ethical charges to the bar, loss of pension or other retirement benefits, suspension from employment, and referral of the allegations (if appropriate) to a grand jury for possible criminal prosecution. (Sec. 822) Sets forth procedures regarding written complaints of such conduct by a DOJ employee, investigation of such complaints by the Attorney General, and imposition of appropriate penalties. (Sec. 823) Establishes an independent Misconduct Review Board to review all determinations by the Attorney General with respect to such complaints and to investigate allegations made in statements that may be submitted to it with respect to complaints for which the Attorney General has made no determination or imposed no penalty. Authorizes the Board to impose penalties established above.
Bill· HRH.R. 4277 (105th)open
United States · United States Congress · 20 July 1998
Quality Health-Care Coalition Act of 1998 - Entitles the members of any group of health care professionals, or of any association maintaining an arrangement to which State licensure laws do not apply by reason of supersession of State law by title I of the Employee Retirement Income Security Act of 1974, which is negotiating to purchase coverage from a State licensed health insurance issuer, to the same treatment under antitrust laws as that which is accorded to members of a collective bargaining unit recognized under the National Labor Relations Act.
Bill· HRH.R. 4278 (105th)referred
United States · United States Congress · 20 July 1998
Health Benefits in Federal Contracting Act of 1998 - Requires any employer under a Federal contract or subcontract for an amount exceeding $10,000, to provide to each of his or her employees under such contract or subcontract health benefits similar (as specified) to those provided to Federal employees. Provides exemptions with respect to: (1) employers that are small business concerns or nonprofit, tax-exempt organizations; and (2) employees who are employed for less than 17.5 hours per week, who otherwise have health benefits coverage, or who are participating in a training program of not to exceed 6 months. Requires the contract or subcontract to specify such requirement. Prohibits an employer from avoiding the requirement by: (1) replacing an employee with one who is not eligible for health care benefits; or (2) reducing an employee's hours. Terminates the Federal contract or subcontract of an employer who does not provide the health benefits required. Makes such employer: (1) ineligible for any Federal contract or subcontract for five years; and (2) liable to the United States in an amount equal to the unpaid benefits and an equal amount as liquidated damages. Requires the Secretary of Labor to pay to employees who were not provided such benefits the amount recovered by the United States.
Bill· SS. 2330 (105th)open
United States · United States Congress · 17 July 1998
TABLE OF CONTENTS: Title I: Patients' Bill of Rights Subtitle A: Right to Advice and Care Subtitle B: Right to Information about Plans and Providers Subtitle C: Right to Hold Health Plans Accountable Title II: Individual Rights with Respect to Personal Medical Information Subtitle A: Access to Medical Records Subtitle B: Establishment of Safeguards Subtitle C: Enforcement; Definitions Title III: Genetic Information and Services Title IV: Healthcare Quality Research Title V: Women's Health Research and Prevention Subtitle A: Provisions Relating to Women's Health Research at the National Institutes of Health Subtitle B: Provisions Relating to Women's Health at the Centers for Disease Control and Prevention Subtitle C: Women's Health and Cancer Rights Title VI: Enhanced Access to Health Insurance Coverage Patients' Bill of Rights Act - Title I: Patients' Bill of Rights - Subtitle A: Right to Advice and Care - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require a group health plan covering emergency medical care to provide coverage, without requiring preauthorization, for appropriate emergency medical screening examinations to the extent that a prudent layperson, possessing an average knowledge of health and medicine, would determine such examinations to be necessary to determine whether emergency medical care is necessary. (Sec. 101) Requires a plan to cover additional emergency medical services following such an examination to the extent that a prudent emergency medical professional would determine such services to be necessary to avoid specified serious consequences. Requires a plan (other than a small employer's plan) providing benefit coverage only through a defined set of participating health care professionals to offer the option of point-of-service coverage (of the same benefits provided by a nonparticipating health care professional), unless the plan offers multiple issuer or coverage options. Requires any plan offering gynecological, obstetric, or pediatric care not to require prior authorization from a participant's primary care provider if such provider is not a gynecologist, obstetrician, or pediatrician. Requires a plan to permit a participant or beneficiary undergoing a course of treatment to continue such treatment for a period of time even though the contract between the plan and a health care provider is terminated, or the schedule of benefits or coverage is terminated by a change in the terms of the provider's participation in the plan. Specifies a 90-day continuation of coverage generally, and other transitional periods for institutionalization (until discharge), pregnancy (through post-partum care), and terminal illness (remainder of life). Declares that a plan shall not prohibit a health care professional from advising a patient about the patient's health status, medical care, or treatment for the patient's condition or disease, regardless of whether coverage for such care or treatment is provided under the contract, if the professional is acting within the lawful scope of the practice. Applies the requirements of this subtitle to group health plans, but not to a health insurance issuer licensed by a State and subject to State insurance regulation while engaged in the business of insurance in such State. Subtitle B: Right to Information about Plans and Providers - Requires plans and group health insurance issuers to disclose specified plan information to enrollees and (upon request) potential enrollees. (Sec. 112) Directs the Secretary of Health and Human Services (HHS) to contract with the Institute of Medicine for a study and report to the appropriate congressional committees on: (1) health care professionals information currently available to patients, consumers, States, and professional societies, nationally and on a State-by-State basis; (2) the legal and other barriers to the sharing of information about health care professionals; and (3) recommendations for disclosure of such information on health care professionals, including their competencies and professional qualifications, to better facilitate patient choice, quality improvement, and market competition. Subtitle C: Right to Hold Health Plans Accountable - Revises requirements for plan provision of a procedure for appealing denied claims. (Sec. 121) Requires a plan or health insurance issuer conducting utilization review to have: (1) specified procedures in place for coverage determinations, including expedited determinations; (2) written procedures for addressing grievances between a plan and enrollees; (3) an internal procedure for coverage determination appeals; and (4) an external review procedure for enrollee appeals, involving specified entities and independent medical experts, whose determination shall be binding. Prescribes external review standards. Directs the General Accounting Office to study and report to the appropriate congressional committees on a statistically appropriate sample of completed external reviews. Title II: Individual Rights with Respect to Personal Medical Information - Personal Medical Information Access Act - Subtitle A: Access to Medical Records - Amends ERISA to require any health care provider, health plan, employer, health or life insurer, school, or university, except in specified circumstances, to: (1) permit an individual who is the subject of protected health information (or the individual's designee) to inspect and copy protected health information concerning the individual; (2) amend such information upon the individual's request; and (3) make reasonable efforts to inform any person to whom the unamended portion of the information was previously disclosed of any nontechnical amendment that has been made. (Sec. 212) Prescribes procedures for: (1) an entity's denial of a request to amend such information; and (2) an individual's filing of a statement of disagreement with such denial, which shall accompany any subsequent disclosure of the disputed portion of the information. (Sec. 213) Requires any health care provider, health plan, employer, health or life insurer, school, or university to post notice of the entity's confidentiality practices, including specified information. Requires the Secretary to develop and disseminate model notices of confidentiality practices. Subtitle B: Establishment of Safeguards - Requires any health care provider, health plan, employer, health or life insurer, school, or university to establish and maintain appropriate administrative, technical, and physical safeguards to protect the confidentiality, security, accuracy, and integrity of protected health information the entity creates, receives, obtains, maintains, uses, transmits, or disposes of. Subtitle C: Enforcement; Definitions - Prescribes civil money penalties for substantial and material failure to comply with this Act. (Sec. 232) Sets forth definitions. Title III: Genetic Information and Services - Genetic Information Nondiscrimination in Health Insurance Act of 1998 - Amends ERISA, the Public Health Service Act (PHSA), and the Internal Revenue Code to prohibit a health care plan or health insurance issuer from restricting enrollment or adjusting premium or contribution amounts for a group on the basis of predictive genetic information concerning an individual in the group or a family member of the individual (including information about a request for or receipt of genetic services). (Sec. 302) Prohibits a plan or issuer from requesting or requiring predictive genetic information concerning an individual or a family member of the individual (including information about a request for or receipt of genetic services). Permits a plan or issuer to request, but not require, such information for diagnosis, treatment, or payment purposes only. Title IV: Healthcare Quality Research - Healthcare Quality Research Act of 1998 - Amends PHSA to establish within the Public Health Service (PHS) an Agency for Healthcare Quality Research to replace the current Agency for Health Care Policy and Research. (Sec. 402) Directs the Agency to identify and disseminate methods or systems used to assess healthcare research results, particularly to rate the strength of the scientific evidence behind healthcare practice and technology recommendations in the research. Requires the Agency to employ research strategies and mechanisms that will link research directly with clinical practice in geographically diverse locations throughout the United States, including: (1) Healthcare Improvement Research Centers that combine demonstrated multidisciplinary expertise in outcomes or quality improvement research with linkages to relevant sites of care; (2) Practice-based Research Networks, including plan, facility, or delivery system sites of care (especially primary care), that can evaluate and promote quality improvement; and (3) other innovative mechanisms or strategies. Directs the Agency to: (1) award grants to enable eligible entities at geographically diverse locations throughout the United States to carry out research training programs dedicated to health services research training at the doctoral, post-doctoral, and junior faculty levels; and (2) provide specified scientific and technical support for private and public efforts to improve healthcare quality, including accrediting organizations. Directs the Secretary, acting through the Agency Director, to establish a demonstration program of grants for one or more centers to conduct: (1) state-of-the-art clinical research on drugs, biological products, and devices; (2) research on the comparative effectiveness, cost-effectiveness, and safety of drugs, biological products, and devices; and (3) other appropriate activities (excluding the review of new drugs). Requires the Agency Director to: (1) collect certain data on the cost and quality of healthcare; (2) support research on and initiatives to advance the use of information systems for the study of healthcare quality; and (3) provide ongoing administrative, research, and technical support for the Preventive Services Task Force, which shall review scientific evidence on the effectiveness, appropriateness, and cost-effectiveness of clinical preventive services regarding their usefulness in daily clinical practice. Establishes within the Agency a Center for Primary Care Delivery Research to serve as the principal funding source for HHS primary care delivery research and demonstrations with respect to the first contact when illness or health concerns arise, the diagnosis, treatment or referral to specialty care, preventive care, and the relationship between the clinician and the patient in the context of the family and community. Requires the Agency Director by specified activities to promote innovation in evidence-based clinical practice and healthcare technologies. Requires the Secretary, acting through the Director, to coordinate all research, evaluations, and demonstrations related to health services research and quality measurement and improvement activities undertaken and supported by the Federal Government. Requires the Secretary to contract with the Institute of Medicine to: (1) describe and evaluate current quality improvement research and monitoring processes; and (2) recommend options to improve the efficiency and effectiveness of such processes, and optimize public- private sector accreditation bodies. Directs the Secretary, acting through the Director, to establish a nonprofit, nongovernmental Foundation for Healthcare Research, which shall: (1) support the Agency and foster public-private partnerships to support Agency programs and activities; (2) advance collaboration with healthcare researchers from universities, industry, and nonprofit organizations; and (4) develop linkages with users of healthcare and quality research. Requires the Secretary, acting through the Agency Director, to make grants each fiscal year to support the Foundation. Establishes an Advisory Council for Healthcare Quality Research to replace the current Advisory Council for Health Care Policy, Research, and Evaluation. Requires the Agency Director to establish technical and scientific peer review groups to review each application for a grant, cooperative agreement, or contract under this title. Repeals the mandates for: (1) a demonstration program regarding centers for education and research on therapeutics; and (2) the Office of the Forum for Quality and Effectiveness in Health Care. Authorizes appropriations. (Sec. 404) Requires the Secretary, within 30 days after enactment of any Act providing for a qualifying health care benefit, to evaluate scientifically and report to the appropriate congressional committees on: (1) the safety, efficacy, cost, benefits and value of such benefit; (2) alternative approaches in improving care compared with such benefit; and (3) the benefit's overall impact on health care as measured through research. Title V: Women's Health Research and Prevention - Women's Health Research and Prevention Amendments of 1998 - Subtitle A: Provisions Relating to Women's Health Research at the National Institutes of Health - Amends PHSA to extend the authorization of appropriations for research on the drug diethylstilbestrol (commonly known as DES). Directs the Secretary, acting through PHS agency heads, to carry out a national program to educate health professionals and the public about DES. (Sec. 512) Extends the authorization of appropriations for research on: (1) osteoporosis, Paget's disease, and related bone disorders; (2) breast and ovarian cancers; and (3) aging processes relating to women. (Sec. 514) Requires the Director of the National Heart, Lung, and Blood Institute to expand, intensify, and coordinate research and related activities with respect to heart attack, stroke, and other cardiovascular diseases in women. (Sec. 516) Requires the Director of the National Institutes of Health (currently, the Director of the Office of Research on Women's Health) to appoint members of the Advisory Committee on Research on Women's Health. Subtitle B: Provisions Relating to Women's Health at the Centers for Disease Control and Prevention - Amends PHSA to extend the authorization of appropriations for: (1) the National Center for Health Statistics; (2) the National Program of Cancer Registries; (3) the National Breast and Cervical Cancer Early Detection Program; (4) Centers for Research and Demonstration of Health Promotion; and (5) community programs on domestic violence. (Sec. 523) Authorizes a State receiving a Federal grant to make grants to or contract with for-profit private entities to carry out programs of preventive health measures for breast and cervical cancers. Subtitle C: Women's Health and Cancer Rights - Women's Health and Cancer Rights Act of 1998 - Amends ERISA, PHSA, and the Internal Revenue Code to require certain group health plans and health insurance issuers to ensure specified minimum coverage regarding: (1) breast cancer mastectomies, lumpectomies, and lymph node dissections; (2) post-mastectomy breast reconstruction on both breasts; and (3) the costs of prostheses and complications of mastectomy, including lymphedemas. Prohibits: (1) denial of eligibility to a patient, and other related practices, solely to avoid the requirements of this subtitle; (2) incentives or rebates to encourage individuals to accept less than the minimum coverage; and (2) certain penalties or incentives to providers to evade application of this subtitle. (Sec. 535) Amends PHSA to apply the same requirements to health insurance issuers in the individual market. (Sec. 537) Directs the Agency for Health Care Policy and Research to study and report to the appropriate congressional committees on the scientific issues relating to prevention and treatment of breast cancer. Title VI: Enhanced Access to Health Insurance Coverage - Amends the Internal Revenue Code to: (1) allow the annual carryover of up to $500 of unused benefits from cafeteria plans, flexible spending arrangements, and health flexible spending accounts; (2) allow a full deduction from gross income of the health insurance costs of self-employed individuals; and (3) repeal the limitation of the availability of medical savings accounts (MSAs) to employees of small employers and the self-employed. (Sec. 603) Reduces from $1,500 to $1,000 (self-only coverage) and from $3,000 to $2,000 (family coverage) the minimum annual deductible of a high deductible health plan. Revises the formula for the monthly limitation on the allowable deduction for MSAs to increase the contribution limit to 100 percent of the annual deductible under a high deductible health plan. Waives the additional tax on MSA distributions not used for qualified medical expenses to the extent any payment or distribution does not reduce the fair market value of the MSA assets to an amount less than the annual deductible for the account holder's high deductible health plan. (Sec. 604) Authorizes the Office of Personnel Management to contract for or approve catastrophic FEHBP plans, whose covered expenses exceed $500. Amends Federal civil service law, with respect to Government contributions under the Federal Employees Health Benefits Program (FEHBP), to require an additional Government contribution, according to a certain formula, to an individual's MSA with respect to a catastrophic plan. Increases the Government's biweekly contribution to an employee's or annuitant's FEHBP catastrophic plan from 75 percent to 100 percent of the subscription charge.
Resolution· SCONRESS.Con.Res. 108 (105th)referred
United States · United States Congress · 17 July 1998
Recognizes the 50th anniversary of the enactment of the National Heart Act and the creation of the National Heart, Lung, and Blood Institute.
Bill· SS. 2323 (105th)open
United States · United States Congress · 16 July 1998
Home Health Access Preservation Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act (SSA), as amended by the Balanced Budget Act of 1997, with respect to the computation formula of the interim system of limited payments for services provided by home health agencies, in order to mandate a new interim system, as of October 1, 1998, with a revised formula and specific amounts for the agency-specific per beneficiary annual limitation, according to the census division in which an agency is located. Directs the Secretary of Health and Human Services to: (1) estimate the amount of savings (if any) to Medicare resulting from this Act for each fiscal year beginning after FY 1998 and before the first fiscal year in which the prospective payment system (PPS) for home health agencies applies; (2) prescribe rules for increased payments to such an agency, if there will be estimated savings; and (3) establish procedures to provide heightened scrutiny of claims for reimbursement under Medicare for items and services provided to certain agency beneficiaries. Amends SSA title XVIII to provide for a three percent increase in per visit cost limits for cost reporting periods beginning on or after October 1, 1997. Directs the Secretary to meet every 90 days with appropriate congressional committee staff to provide informal updates of progress in implementing the PPS above.
Bill· HRH.R. 4250 (105th)open
United States · United States Congress · 16 July 1998
TABLE OF CONTENTS: Title I: Amendments to the Employee Retirement Income Security Act of 1974 Subtitle A: Patient Protections Subtitle B: Patient Access to Information Subtitle C: New Procedures and Access to Courts for Grievances Arising under Group Health Plans Subtitle D: Affordable Health Coverage for Employees of Small Businesses Title II: Amendments to Public Health Service Act Subtitle A: Patient Protections and Point of Service Coverage Requirements Subtitle B: Patient Access to Information Subtitle C: HealthMarts Subtitle D: Community Health Organizations Title III: Amendments to the Internal Revenue Code of 1986 Subtitle A: Patient Protections Subtitle B: Patient Access to Information Subtitle C: Medical Savings Accounts Title IV: Health Care Lawsuit Reform Subtitle A: General Provisions Subtitle B: Uniform Standards for Health Care Liability Actions Title V: Confidentiality of Health Information Title VI: Medical Savings Accounts for Federal Employees Patient Protection Act of 1998 - Title I: Amendments to the Employee Retirement Income Security Act of 1974 - Subtitle A: Patient Protections - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to prohibit a group health plan, or a health insurance issuer offering group coverage, from imposing on a health professional any prohibition on advice provided to a participant or beneficiary. Requires a plan or issuer, if it provides benefits for: (1) emergencies, to provide benefits (without preauthorization) for emergency medical screening examinations if a prudent layperson would determine them necessary; (2) routine gynecological or obstetric specialist care, to provide those benefits without authorization or referral by a primary care provider; or (3) routine pediatric specialist care, to allow designation of a pediatric specialist as the primary provider. Subtitle B: Patient Access to Information - Requires plans to include specified information in summary plan descriptions. Mandates advance notice of exclusion from a drug formulary of a drug or biological that is used in the treatment of a chronic illness or disease. Subtitle C: New Procedures and Access to Courts for Grievance Arising Under Group Health Plans - Requires group health plans to: (1) provide written notice to participants or beneficiaries and providers of adverse coverage decisions; and (2) meet specified time limits for responding to routine, urgent, and emergency benefit payment requests, coverage advance determinations, and medical necessity determinations. Provides for initial coverage decision internal and, in certain circumstances, external review. Makes a plan's fiduciary who, after an external review recommends coverage, causes a failure to provide a benefit liable to the participant or beneficiary for a civil penalty and attorney's fees and costs. Allows assessment of a civil penalty against a fiduciary for any pattern or practice of repeated adverse coverage decisions in violation of the terms of the plan or ERISA. Allows an action before exhaustion of administrative remedies. Provides for concurrent Federal-State court jurisdiction for actions relating to certain amendments made by this Act. Subtitle D: Affordable Health Coverage for Employees of Small Businesses - Small Business Affordable Health Coverage Act of 1998 - Defines "association health plan" to mean a group health plan meeting specified requirements, including being sponsored by a trade, industry, or professional association, a chamber of commerce (or a similar business association) organized and maintained for substantial purposes other than obtaining or providing medical care. Provides for association plan certification and mandates a class certification procedure. Regulates association plans' boards of trustees and sponsors. Prohibits, for plans in existence on the date of enactment of this Act, a sponsor's affiliated members from being offered coverage unless the member: (1) was affiliated on the certification date; or (2) did not maintain or contribute to a group health plan during the 12 months before the offering of coverage. Prohibits a participating employer from providing health coverage in the individual market for any employee who is eligible for plan coverage if the exclusion from plan coverage is based on health status. Prohibits excluding an employer from an association plan if the employer and plan each meet specified requirements. Prohibits contribution rates for any participating small employers from varying on the basis of claims experience or type of business. Requires, if any plan benefit option does not consist of health coverage, that the plan have at least 1,000 participants and beneficiaries. Requires, if a benefit option consisting of health coverage is offered under the plan, that State-licensed insurance agents be used to distribute to small employers coverage that is not health coverage in a manner comparable to the manner in which those agents are used to distribute health coverage. Requires that a plan consist only of health coverage or, if the plan provides any additional benefit options, that the plan meet certain reserve and excess stop loss insurance and solvency indemnification requirements regarding the additional benefit options for which risk has not yet been transferred. Requires that all plans maintain a specified surplus. Requires association plans providing additional options to make annual payments to the Association Health Plan Fund. Requires that, when there is or will be a failure to maintain such reserves, excess stop loss insurance, and indemnification, the Secretary of Labor pay amounts as necessary to maintain the excess stop loss insurance or indemnification. Establishes the Fund. Mandates advance notice to participants and beneficiaries of certified plan termination. Requires, when a plan has failed or will fail to maintain required reserves, excess stop loss insurance, and indemnification, either corrective action or plan termination. Provides for court appointment of the Secretary as trustee to administer a plan during insolvency. Allows a State to impose a contribution tax on an association plan providing additional options if the plan began operations in the State after enactment of this Act. Sets forth special rules for church plans. Declares that the provisions of this subtitle supersede certain related State laws. (Sec. 1303) Modifies the circumstances in which two or more trades or businesses must be deemed a single employer. (Sec. 1304) Excludes from the definition of "multiple employer welfare arrangement" any arrangement: (1) established or maintained under specified Federal (or similar State) labor relations provisions; or (2) meeting certain collective bargaining and other requirements. (Sec. 1305) Imposes criminal penalties for falsely representing any benefit as: (1) being a certified association plan; or (2) having been established or maintained under certain collective bargaining agreements. (Sec. 1306) Allows a State to enter into an agreement with the Secretary for delegation to the State of some or all of the Secretary's enforcement or certification authority. Title II: Amendments to Public Health Service Act - Subtitle A: Patient Protections and Point of Service Coverage Requirements - Amends the Public Health Service Act to prohibit a group health plan, or a health insurance issuer offering group coverage, from imposing on a health professional any prohibition on advice provided to a participant or beneficiary. Requires a plan or issuer, if it provides benefits for: (1) emergencies, to provide benefits (without preauthorization) for emergency medical screening examinations if a prudent layperson would determine them necessary; (2) routine gynecological or obstetric specialist care benefits, to provide those benefits without an authorization or referral by a primary provider; or (3) routine pediatric specialist benefits, to allow designation of a pediatric specialist as the primary provider. (Sec. 2002) Requires health maintenance organizations (HMOs) that provide coverage under a group health plan only if services are furnished exclusively through members of a closed panel to make available to the plan sponsor an option covering services without regard to whether the providers are panel members. Requires HMOs, when a plan sponsor declines that option, to make optional supplemental coverage available in the individual market to each plan participant. Subtitle B: Patient Access to Information - Requires plans to include specified information in summary plan descriptions. Mandates advance notice of exclusion from a drug formulary of a drug or biological that is used in the treatment of a chronic illness or disease. (Sec. 2102) Requires the General Accounting Office to report to a specified congressional committee on the compliance of: (1) the Department of Justice and all U.S. Attorneys with a specified guideline relating to false claims and civil health care; and (2) the Office of the Inspector General of the Department of Health and Human Services with specified protocols and best practice guidelines. Subtitle C: HealthMarts - Health Care Consumer Empowerment Act of 1998 - Requires that HealthMarts: (1) be nonprofit legal entities composed of small employers, employees of small employers, health care providers, and entities that underwrite or administer health benefits coverage; and (2) make available health coverage to all small employers and eligible employees at rates established by the insurance issuer on a policy or product specific basis. Deems HealthMarts group health plans for purposes of specified provisions of ERISA and the Internal Revenue Code. Requires that coverage made available to an eligible employee in a geographic area be offered to all eligible employees in the same area. Declares that the HealthMart: (1) provides coverage only through contracts with issuers and does not assume insurance risk; (2) provides administrative services for purchasers; and (3) collects and disseminates consumer information on all coverage options offered through the Healthmart. Requires that HealthMart coverage provide full portability of creditable coverage for individuals who remain members of the same HealthMart notwithstanding that they change employers. Allows HealthMart coverage to include coverage: (1) through an HMO, a preferred provider or licensed provider-sponsored organization, an insurance company, a medical savings or flexible spending account, or a community health organization; (2) that includes a point-of- service option; or (3) any combination of those coverages. Requires a HealthMart to permit any small employer to contract for coverage and prohibits varying eligibility conditions. Prohibits the purchaser from obtaining or sponsoring coverage other than through the HealthMart. Prohibits enrollment discrimination based on health. Supersedes certain related State laws. Provides for the application of: (1) certain existing ERISA and Public Health Service Act requirements; and (2) renewability requirements when the contract between a HealthMart and an issuer is terminated. Directs the Secretary of Health and Human Services to administer this subtitle through a separate Health Care Marketplace Division. Subtitle D: Community Health Organizations - Allows a community health organization to offer health coverage in a State in spite of not being licensed in that State if the organization has received a licensure waiver from the Secretary of Health and Human Services and other requirements are met. Mandates the establishment of Federal financial solvency and capital adequacy standards. Title III: Amendments to the Internal Revenue Code of 1986 - Subtitle A: Patient Protections - Amends the Internal Revenue Code to prohibit a group health plan from imposing on a health professional any prohibition on advice provided to a participant or beneficiary. Requires a plan, if it provides benefits for: (1) emergencies, to provide benefits (without preauthorization) for emergency medical screening examinations if a prudent layperson would determine the examinations necessary; or (2) routine gynecological or obstetric specialist care, to provide those benefits without an authorization or referral by a primary provider. Requires a plan or issuer, if it provides benefits for routine pediatric specialist care, to allow designation of a pediatric specialist as the primary provider. Subtitle B: Patient Access to Information - Requires plans to include specified information in summary plan descriptions. Mandates advance notice of exclusion from a drug formulary of a drug or biological that is used in the treatment of a chronic illness or disease. (Sec. 3102) Requires the General Accounting Office to report to specified congressional committees on the compliance of: (1) the Department of Justice and all U.S. Attorneys with a specified guideline relating to false claims and civil health care; and (2) the Office of the Inspector General of the Department of Health and Human Services with specified protocols and best practice guidelines. Subtitle C: Medical Savings Accounts - Repeals provisions limiting the number of individuals having medical savings accounts. Allows all employers to offer the accounts. Modifies requirements regarding: (1) the monthly limitation on related deductions; (2) coordination with the exclusion for employer contributions; and (3) the deductible amounts that will qualify as a high deductible plan. Allows the accounts to be included in cafeteria plans. Sets forth special rules for individuals receiving immediate Federal annuities. (Sec. 3202) Allows medical savings accounts to be used by persons with incomes under a certain amount to pay for insurance offered by a community health center. Title IV: Health Care Lawsuit Reform - Subtitle A: General Provisions - Declares that this title applies to any health care liability action in any State or Federal court, except actions: (1) relating to vaccine-related injury to which title XXI (Vaccines) of the Public Health Service Act applies; or (2) under the Employee Retirement Income Security Act of 1974 (ERISA). Preempts State laws inconsistent with this title, but not that impose greater restrictions than those in this title. Excludes economic or punitive damages and attorneys' fees or costs from the determination of the amount in controversy. Subtitle B: Uniform Standards for Health Care Liability Actions - Establishes a statute of limitations for bringing a health care liability action. (Sec. 4012) Limits non-economic damages. Substitutes any different level set by a State after enactment of this Act. Makes defendants liable only for the proportion of the damages due to the defendant's fault. Allows punitive damages, to the extent permitted by State law, if the claimant establishes by clear and convincing evidence that the defendant's conduct intended to cause harm or manifested a conscious, flagrant indifference to the rights or safety of others. Prohibits punitive damages against a manufacturer or product seller of a drug or medical device where the drug or device was subject to Food and Drug Administration (FDA) premarket approval or the drug is generally recognized as safe and effective by the FDA. Prohibits punitive damages relating to packaging or labeling of a drug that is required to have tamper-resistant packaging unless the packaging or labeling is found by clear and convincing evidence to be substantially out of compliance. Prohibits requiring lump-sum payment of future economic and non-economic damages over $50,000. Allows any defendant to introduce evidence of collateral source payments. Prohibits any collateral source payments provider from recovering any amount against the claimant, receiving any lien or credit against the recovery, or being subrogated to the claimant's rights. (Sec. 4013) Requires any alternative dispute resolution used to resolve a health care liability action or claim to contain provisions consistent with this title. Title V: Confidentiality of Health Information - Amends title XI of the Social Security Act to require health care providers, health plans, employers, health or life insurers, or educational institutions to permit an individual who is the subject of protected health information to inspect and copy the information. Requires, if the individual requests addition of a supplemental statement to the information, that those parties: (1) add the statement and make reasonable efforts to inform any person to whom the information was disclosed during the preceding year; or (2) if addition of the statement is refused, allow the individual to file a statement of disagreement. Requires health care providers, health plans, health oversight agencies, public health authorities, employers, health or life insurers, health researchers, or educational institutions to maintain safeguards to ensure the confidentiality, security, accuracy, and integrity of protected health information. Requires any person who maintains protected health information to disclose the information to a health care provider or health plan to permit the provider or plan to conduct health care operations. Preempts State law provisions that: (1) are inconsistent with certain provisions of this title under Article VI (dealing with national supremacy, among other matters) of the Constitution; or (2) relate to specified matters dealt with in this title. Imposes civil fines for substantially and materially failing to comply with the above provisions of this title. Amends title XVIII (Medicare) of the Social Security Act to authorize the Secretary of Health and Human Services to refuse to enter into, terminate, or refuse to renew an agreement with a physician or supplier that has violated the above provisions of this title. Requires compliance with certain provisions of this title by Medicare+Choice organizations, Medicare providers, and HMOs with risk- sharing contracts. (Sec. 5002) Requires the Comptroller General to report to the Congress on the effect of State laws on health-related research subject to review by an institutional review board or institutional review committee with regard to the protection of human subjects. (Sec. 5003) Requires the Comptroller General to submit to the Congress a compilation of State laws on the confidentiality of protected health information and an analysis of the effect of those laws on the provision of, and securing payment for, health care. (Sec. 5004) Exempts information developed by a health care provider in response to a serious, adverse, patient-related event and for specified purposes (health care response information) from any disclosure requirement, in connection with a civil or administrative proceeding under Federal or State law, to the same extent as information developed by the provider regarding peer review, utilization review, quality management or improvement, quality control, risk management, or internal review to reduce mortality, morbidity, or patient care or safety. Prohibits deeming the protection of health care response information from disclosure modified by the development of such information in connection with a request or requirement of an accrediting body or the transfer of that information to an accrediting body. Title VI: Medical Savings Accounts for Federal Employees - Amends Federal law relating to Federal employees' health insurance to entitle an employee or annuitant enrolled in a high deductible health plan to have a Government contribution made to the employee's or annuitant's medical savings account, subject to exceptions and limitations. Requires that, at the employee's or annuitant's request, an amount specified by the employee or annuitant be withheld from their pay or annuity and contributed to their medical savings account. Requires the Office of Management and Budget (OMB) to contract for a high deductible health plan with any qualified carrier that offers such a plan and offers a plan under provisions relating to Federal employees' health insurance. Allows OMB to contract for a high deductible plan with any qualified carrier that offers such a plan but does not offer a plan under those provisions.
Bill· HRH.R. 4252 (105th)referred
United States · United States Congress · 16 July 1998
Amends part D (Miscellaneous Provisions) of title XVIII (Medicare) of the Social Security Act, as amended by the Balanced Budget Act of 1997 (BBA '97), to revise reasonable cost requirements for the interim system of limited payments for services provided by home health agencies, especially with regard to per beneficiary cost limits and efficiency standards. Amends BBA '97 with regard to the establishment of a prospective payment system (PPS) for such services to provide that if the Secretary of Health and Human Services does not establish such PPS for specified applicable cost reporting periods, the Secretary shall, for such periods, apply applicable limits under Medicare's reasonable cost requirements as they would otherwise be in effect. Repeals the current requirement that, during such a period, existing limits be reduced by 15 percent.
Bill· HRH.R. 4249 (105th)referred
United States · United States Congress · 16 July 1998
Amends title XIX (Medicaid) of the Social Security Act to change from mandatory to discretionary a State's authority to seek adjustment or recovery from an individual's estate of any medical assistance correctly paid on behalf of the individual under the State Medicaid plan.
Bill· SS. 2308 (105th)referred
United States · United States Congress · 15 July 1998
Amends title XIX (Medicaid) of the Social Security Act to prohibit transfers or discharges of residents of nursing facilities as a result of a facility's voluntary withdrawal from participation in the Medicaid program as long as such residents resided in the facility before the withdrawal. Requires a withdrawn facility to provide appropriate notice to new residents who begin residence after the withdrawal that the facility: (1) is not participating in the Medicaid program with respect to that resident; and (2) may transfer or discharge the resident from the facility at such time as the resident is unable to pay facility charges, even though the resident may have become eligible for Medicaid's nursing facility services.
Bill· SS. 2315 (105th)referred
United States · United States Congress · 15 July 1998
Hospital Length of Stay Act of 1998 - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to require that group and individual health insurance coverage, as well as Medicare supplemental insurance policies and managed care plans under Medicaid, provide coverage for hospital lengths of stay as determined by the attending health care provider in consultation with the patient.
Bill· HRH.R. 4228 (105th)referred
United States · United States Congress · 15 July 1998
Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act to allow a Medicare+Choice organization to elect to exclude abortion services from the services it is otherwise required to provide as basic benefits.
Bill· HRH.R. 4222 (105th)referred
United States · United States Congress · 15 July 1998
Hospital Length of Stay Act of 1998 - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 and titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to require that group and individual health insurance coverage, as well as supplemental insurance policies under Medicare and managed care plans under Medicaid, provide coverage for hospital lengths of stay as determined by the attending health care provider in consultation with the patient.
Bill· HRH.R. 4219 (105th)referred
United States · United States Congress · 15 July 1998
Graduate Medical Education Technical Amendments of 1998 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Balanced Budget Act of 1997, with respect to the ceiling on the total number of full-time equivalent interns and residences in allopathic and osteopathic medicine in either a hospital or nonhospital setting for purposes of indirect and direct graduate medical education (GME) payments. Repeals the current limitation on program residents to those in a hospital with respect to the hospital's most recent cost reporting period ending on or before December 31, 1996. Replaces such limitation with one based on the number of residents who were appointed by a hospital's approved medical residency training program for such reporting period. Waives the limitation for hospitals that sponsor only one allopathic or osteopathic residency program. Limits to programs established between January 1, 1995, and September 30, 1999, (currently, programs established on or after January 1, 1995) the mandate for special rules applying limitations on interns and residents in any kind of medical residence training program. Requires the Secretary of Health and Human Services, in promulgating such rules, to include in the special consideration for facilities meeting the needs of underserved rural areas any facility not located in an underserved rural area which has established a separately accredited rural training track.
Bill· HRH.R. 4225 (105th)referred
United States · United States Congress · 15 July 1998
No Practice of Medicine Without a License Act of 1998 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to make any person who engages in any activity that constitutes the unauthorized practice of medicine, in connection with a group health plan, liable to any participant or beneficiary aggrieved by such activity for actual damages, including compensatory and consequential damages proximately caused by such activity. Provides that such person may also be liable to such participant or beneficiary for punitive or exemplary damages. Declares that persons covered by this Act may include an agent or employee in connection with a health maintenance organization, managed care organization, or other health insurance issuer that manages, oversees, advises, makes decisions regarding, performs utilization review services for, or offers health insurance coverage in connection with the group health plan.
Bill· HRH.R. 4203 (105th)referred
United States · United States Congress · 14 July 1998
Advancement in Pediatric Autism Research Act - Amends the Public Health Service Act to direct the Director of the National Institutes of Health (NIH) to expand, intensify, and coordinate the activities of NIH with respect to autism. Requires the Director, among other things to: (1) ensure that at NIH there is a committee to coordinate research on autism; and (2) make awards and grants to public or nonprofit entities for centers of excellence regarding research on autism. Authorizes appropriations.
Bill· HRH.R. 4214 (105th)referred
United States · United States Congress · 14 July 1998
Medicare+Choice Cold-Calling Prohibition Act of 1998 - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act to prohibit "cold-call" (including door-to-door and telephonic) marketing of Medicare+Choice plans.
Bill· HRH.R. 4200 (105th)referred
United States · United States Congress · 14 July 1998
Ovarian Cancer Information and Education Act of 1998 - Authorizes additional appropriations to the Director of the National Cancer Institute for FY 1999 through 2003 for public information and education on ovarian cancer.
Bill· HRH.R. 4202 (105th)referred
United States · United States Congress · 14 July 1998
Health Quality and Fairness Act of 1998 - Amends title XXVII (Assuring Portability, Availability, and Renewability of Health Insurance Coverage) of the Public Health Service Act to establish a new part (Patient Protection Standards) which sets forth health plan standards concerning: (1) notice; (2) coverage; (3) access to emergency care; (4) the doctor-patient relationship; (5) quality assurance; (6) designation of a primary care provider; (7) grievance and appeals procedures; and (8) understandability of information.
Bill· SS. 2292 (105th)referred
United States · United States Congress · 13 July 1998
Medicare Insulin Pump Coverage Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act to cover insulin infusion pumps as items of durable medical equipment.
Bill· SS. 2281 (105th)referred
United States · United States Congress · 9 July 1998
Continued Dumping or Subsidy Offset Act of 1998 - Amends the Tariff Act of 1930 to declare that, whenever continued dumping or subsidization is found to exist by the administering authority or by operation of law, any duties assessed shall be distributed as continued dumping or subsidy offsets to the affected domestic producers for qualifying expenditures on an annual basis. Limits qualifying expenditures to expenditures incurred since the issuance of the antidumping duty finding or order or countervailing duty order in any or all of the categories of plant, equipment, research and development (R&D), personnel training, acquisition of technology, employer-paid employee health care and pension benefits, and environmental equipment, training or technology. Directs the Commissioner of the U.S. Customs Service to prescribe offset disbursement procedures. Sets forth general procedures for notification of eligible parties. Requires the Commissioner to establish a special account in the Treasury to receive all antidumping or countervailing duties, including interest, for distribution according to this Act, within 14 days after an antidumping or countervailing duty order takes effect.
Bill· SS. 2265 (105th)referred
United States · United States Congress · 7 July 1998
Amyotrophic Lateral Sclerosis (ALS) Research, Treatment, and Assistance Act of 1998 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to provide for a waiver of the 24-month waiting period for Medicare coverage for individuals disabled by amyotrophic lateral sclerosis, also known as ALS or Lou Gehrig's Disease. Amends SSA title XVIII (Medicare) to provide for Medicare coverage of any drug approved by the Food and Drug Administration for use in the treatment or alleviation of ALS-related symptoms. Authorizes additional appropriations for ALS research through the National Institutes of Health.
Bill· SS. 2263 (105th)referred
United States · United States Congress · 6 July 1998
Advancement in Pediatric Autism Research Act - Amends the Public Health Service Act to direct the Director of the National Institutes of Health (NIH) to expand, intensify, and coordinate the activities of NIH with respect to autism. Requires the Director, among other things to: (1) ensure that at NIH there is a committee to coordinate research on autism; and (2) make awards and grants to public or nonprofit entities for centers of excellence regarding research on autism. Authorizes appropriations.
Bill· SS. 2260 (105th)open
United States · United States Congress · 2 July 1998
TABLE OF CONTENTS: Title I: Department of Justice Title II: Department of Commerce and Related Agencies Title III: The Judiciary Title IV: Department of State and Related Agencies Title V: Related Agencies Title VI: General Provisions Title VII: Rescissions Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999 - Makes appropriations for FY 1999 for the Departments of Commerce, Justice, and State, the judiciary, and related agencies. Title I: Department of Justice - Department of Justice Appropriations Act, 1999 - Makes appropriations for the Department of Justice for: (1) general administration; (2) a joint automated booking system; (3) counterterrorism activities; (4) administration of pardon and clemency petitions and immigration-related activities; (5) the Office of Inspector General; (6) the U.S. Parole Commission; (7) legal activities; (8) antitrust activities; (9) the Offices of U.S. Attorneys; (10) the U.S. Trustee Program; (11) the Foreign Claims Settlement Commission; (12) the U.S. Marshals Service, including an amount for expenses related to prisoners in the custody of the Marshals Service; (13) fees and expenses of witnesses; (14) the Community Relations Service; (15) certain uses of the Assets Forfeiture Fund; (16) administrative expenses related to the Radiation Exposure Compensation Act; (17) interagency law enforcement with respect to organized crime drug trafficking; (18) the Federal Bureau of Investigation (FBI); (19) construction for specified agencies; (20) the Drug Enforcement Administration; (21) the Immigration and Naturalization Service; (22) the Federal prison system, including amounts for buildings and facilities; (23) the Office of Justice programs; (24) State and local law enforcement assistance, including amounts for violent crime reduction programs; (25) the Executive Office for Weed and Seed; (26) community-oriented policing services for violent crime reduction; (27) juvenile justice programs; and (28) public safety officers' benefits. Sets forth authorized uses of, and limitations on, such funds. Establishes a Justice Prisoner and Alien Transportation System Fund for the payment of expenses related to the scheduling and transportation of U.S. prisoners and illegal and criminal aliens in the custody of the U.S. Marshals Service. Makes appropriations for initial capitalization of the Fund. (Sec. 102) Prohibits the use of funds appropriated by this title to: (1) pay for abortions except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape; or (2) require any person to perform or facilitate an abortion. (Sec. 110) Amends the Immigration and Nationality Act to remove the authority for beneficiaries of certain petitions for classification or applications for labor certifications to apply to the Attorney General for adjustment of status to that of an alien lawfully admitted for permanent residence. Repeals provisions which allow certain employment-based immigrants to adjust to permanent residence status. Establishes the Immigration Detention and Naturalization Activity Account in the Treasury. Provides for: (1) the deposit of certain application fees into the Account; and (2) refunds to any appropriation for expenses incurred by the Attorney General for the detention of aliens, construction relating to such detention, and activities relating to naturalization. (Sec. 112) Prohibits any immigration inspection fee from being charged in connection with the arrival of any passenger, other than aircraft passengers, whose journey originated in a U.S. State. (Sec. 115) Amends the Violent Crime Control and Law Enforcement Act of 1994 to require the Attorney General to provide investigative assistance to tribal law enforcement agencies. (Sec. 116) Repeals provisions of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 that provide for an automated entry and exit control system. Revises provisions requiring aliens to present border identification cards that match appropriate biometric characteristics in order to cross the border to phase in such requirement over a number of years, requiring all cards in circulation as of April 1, 1998, to match by October 1, 2003. (Current law applies such requirement to all cards presented three years after such Act's enactment date.) (Sec. 117) Directs the President, with the FY 2000 budget request, to present the specific dollar amounts budgeted, by appropriation account and line item, for counterterrorism and antiterrorism programs. Requires a narrative outline of the content of, and detail of the amounts budgeted for, each program for FY 1998 through 2000 and the succeeding five years of the Federal Counterterrorism Strategy. (Sec. 118) Amends the Controlled Substances Act to make unlawful certain knowing failures to provide records or reports, including those pertaining to listed chemicals and certain machines. (Current law provides that all failures to do so are unlawful.) Limits penalties for knowing violations regarding reports or recordkeeping to $500 if no unauthorized person obtains unlawful control of a controlled substance as a result of such a violation. (Sec. 120) Requires the General Accounting Office to report to specified congressional committees on compliance of the Department of Justice and all U.S. Attorneys with the Guidance on the Use of the False Claims Act in Civil Health Care Matters. Title II: Department of Commerce and Related Agencies - Department of Commerce and Related Agencies Appropriations Act, 1999 - Makes appropriations for the Department of Commerce for: (1) the Office of the U.S. Trade Representative; (2) the International Trade Commission; (3) international trade administration; (4) export administration and national security activities; (5) the Economic Development Administration; (6) minority business development; (7) economic and statistical analysis programs; (8) the Census Bureau; (9) the National Telecommunications and Information Administration; (10) public telecommunications facilities, planning, and construction grants; (11) information infrastructure grants; (12) the Patent and Trademark Office; (13) the Under Secretary for Technology-Office of Technology Policy; (14) the National Institute of Standards and Technology, including the Manufacturing Extension Partnership and for construction and renovation of facilities; (15) the National Oceanic and Atmospheric Administration, including amounts for procurement, acquisition, and construction of capital assets; (16) the Coastal Zone Management Fund; (17) the Fishermen's Contingency Fund; (18) the Foreign Fishing Observer Fund; (19) the fisheries finance program account; (20) general administration; and (21) the Office of Inspector General. Sets forth authorized uses of, and limitations on, such funds. Title III: The Judiciary - Judiciary Appropriations Act, 1999 - Makes appropriations for: (1) the Supreme Court, including an amount for care of the building and grounds; (2) the U.S. Court of Appeals for the Federal Circuit; (3) the U.S. Court of International Trade; (4) the courts of appeals, district courts, and other judicial services; (5) defender services; (6) fees of jurors and commissioners; (7) court security; (8) the Administrative Office of the U.S. Courts; (9) the Federal Judicial Center; (10) judicial retirement funds; and (11) the U.S. Sentencing Commission. Sets forth authorized uses of, and limitations on, such funds. (Sec. 304) Authorizes U.S. judges and justices to receive a salary adjustment during FY 1999. Appropriates funds for such purpose. Title IV: Department of State and Related Agencies - Department of State and Related Agencies Appropriations Act, 1999 - Makes appropriations for the Department of State for: (1) administration of foreign affairs, diplomatic and consular programs; (2) salaries and expenses; (3) the Capital Investment Fund; (4) the Office of Inspector General; (5) representation allowances; (6) protection of foreign missions and officials; (7) security and maintenance of U.S. missions; (8) emergencies in the diplomatic and consular service; (9) the repatriation loans program account; (10) the American Institute in Taiwan; (11) the Foreign Service Retirement and Disability Fund; (12) international organizations, conferences, peacekeeping, and commissions; and (13) the Arms Control and Disarmament Agency. Appropriates funds for the U.S. Information Agency (USIA) for: (1) international information programs; (2) information technology improvements; (3) educational and cultural exchanges; (4) the Eisenhower Exchange Fellowships, Incorporated; (5) the Israeli Arab Scholarship Program; (6) international broadcasting, including broadcasting to Cuba; (7) radio construction; (8) the Center for Cultural and Technical Interchange Between East and West; (9) the North-South Center; and (10) the National Endowment for Democracy. Sets forth authorized uses of, and limitations on, such funds. (Sec. 403) Requires funds made available by any Act for arrearage payments to the United Nations for peacekeeping operations to be reduced by 25 percent of total U.S. expenditures between October 30, 1997, and February 23, 1998, made in response to efforts by Iraq to block United Nations-sanctioned inspections of Iraqi military and civilian facilities with respect to weapons of mass destruction. Makes such reductions during FY 1998 through 2000. (Sec. 404) Bars the use of funds made available in this Act by the State Department or USIA to provide assistance to the Palestinian Broadcasting Corporation or a similar organization. (Sec. 405) Prohibits funds appropriated by any Act from being expended to pay for costs incurred in operating certain diplomatic or consular posts in Vietnam or increasing the number of personnel assigned to such posts unless the President certifies that the Vietnamese Government is cooperating in specified activities regarding resolution of sightings of, and accounting for, prisoners-of-war and individuals missing in action, recovery and analysis of American remains, and investigations in Laos. (Sec. 406) Grants the Secretary of State discretionary authority to pay tort claims in connection with damages sought against the United States for injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of a Federal employee in a foreign country with respect to State Department overseas operations. Title V: Related Agencies - Makes appropriations for the: (1) Maritime Administration for maritime security, operations and training, and the maritime guaranteed loan program; (2) Commission for the Preservation of America's Heritage Abroad; (3) Commission on Civil Rights; (4) Commission on Security and Cooperation in Europe; (5) Equal Employment Opportunity Commission (EEOC); (6) Federal Communications Commission; (7) Federal Maritime Commission; (8) Federal Trade Commission; (9) Legal Services Corporation; (10) Marine Mammal Commission; (11) Commission on Ocean Policy; (12) Securities and Exchange Commission; (13) Small Business Administration, including amounts for the Office of Inspector General, business and disaster loans, and capital for the Surety Bond Guarantees Revolving Fund; and (14) State Justice Institute. Sets forth authorized uses of, and limitations on, such funds. Title VI: General Provisions - Sets forth limitations on the use of funds under this Act. (Sec. 607) Sets forth Buy American provisions. (Sec. 608) Prohibits the use of funds made available by this Act to: (1) enforce any EEOC guidelines covering harassment based on religion if such guidelines do not differ from proposed guidelines of October 1, 1993; or (2) provide specified personal comforts in the Federal prison system. (Sec. 613) Prohibits the use of funds made available in this Act to issue visas to certain individuals from Haiti, including those involved in specified extrajudicial and political killings. (Sec. 614) Prohibits the use of funds made available in any Act to issue or renew a fishing permit or authorization for any U.S. fishing vessel exceeding a specified length, tonnage, or horsepower that would allow such vessel to engage in fishing in any fishery within the U.S. exclusive economic zone unless: (1) a certificate of documentation had been issued for the vessel, endorsed with a fishery endorsement effective on September 25, 1997, and endorsed at all times thereafter; or (2) the regional fishery management council recommends, and the Secretary of Commerce approves, a fishery management plan that allows the vessel to engage in such fishing. Invalidates any permit or authorization issued or renewed prior to this Act's enactment date for a vessel exceeding such limits that would allow the vessel to engage in fishing for any Atlantic mackerel or herring in the waters off the U.S. east coast during FY 1999 unless the Secretary has approved a plan to allow such fishing. Bars the use of funds made available in any Act to issue an individual fishing quota under a fishery management plan approved by a regional fishery management council after September 30, 2000, to a non-U.S. citizen or a corporation or other entity in which less than 75 percent controlling interest is owned by U.S. citizens. (Sec. 615) Prohibits the use of funds made available in this Act to pay the expenses of an election officer appointed by a court to oversee an election of any officer or trustee for the International Brotherhood of Teamsters. (Sec. 616) Amends the International Security and Development Corporation Act of 1985 to reduce the number of members of the Commission for the Preservation of America's Heritage Abroad. (Sec. 618) Directs the Secretary of Commerce to study and report to the Appropriations Committee on: (1) taxation of the Internet by States and political subdivisions; (2) access to the Internet; and (3) communications and transactions conducted through the Internet. (Sec. 619) Authorizes, upon the joint motion of the United States and the State of Alaska and the issuance of an order by the U.S. District Court for the District of Alaska, the deposit of the joint trust funds or any portion thereof, including any interest accrued thereon, received, or to be received by the United States and Alaska under the Agreement and Consent decree issued in United States v. Exxon Corporation (i.e., the Exxon Valdez oil spill consent decree), in appropriate accounts outside the Court Registry, including the Natural Resource Damage Assessment and Restoration Fund. Allows any interest accrued under the authority of this section to be used only for grants for marine research and monitoring and for community and economic restoration projects. Terminates the authority provided in this section on September 30, 2002, unless by September 30, 2001, the trustees have submitted to the Congress legislation to establish a board to administer funds invested, interest received, and grants awarded from such interest. Title VII: Rescissions - Rescinds specified amounts of funds made available for: (1) the Department of Justice working capital fund; (2) FBI construction, salaries and expenses, and violent crime reduction; (3) the U.S. Travel and Tourism Administration; and (4) the Endowment for Children's Educational TV.
Bill· SS. 2254 (105th)referred
United States · United States Congress · 26 June 1998
Health Care Consumer Assistance Act - Directs the Secretary of Health and Human Services to award grants to enable States to contract for the establishment of consumer assistance programs designed to assist consumers of health insurance in understanding their rights, responsibilities, and choices among health insurance products. Prescribes guidelines for: (1) State grant eligibility; and (2) entities operating health insurance consumer offices for the State. Authorizes appropriations.
Bill· SS. 2259 (105th)referred
United States · United States Congress · 26 June 1998
Graduate Medical Education Technical Amendments of 1998 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Balanced Budget Act of 1997, with respect to the ceiling on the total number of full-time equivalent interns and residences in allopathic and osteopathic medicine in either a hospital or nonhospital setting for purposes of indirect and direct graduate medical education (GME) payments. Repeals the current limitation on program residents to those in a hospital with respect to the hospital's most recent cost reporting period ending on or before December 31, 1996. Replaces such limitation with one based on the number of residents who were appointed by a hospital's approved medical residency training program for such reporting period. Waives the limitation for hospitals that sponsor only one allopathic or osteopathic residency program. Limits to programs established between January 1, 1995, and September 30, 1999, (currently, programs established on or after January 1, 1995) the mandate for special rules applying limitations on interns and residents in any kind of medical residence training program. Requires the Secretary of Health and Human Services, in promulgating such rules, to include in the special consideration for facilities meeting the needs of underserved rural areas any facility not located in an underserved rural area which has established a separately accredited rural training track.
Bill· SS. 2222 (105th)referred
United States · United States Congress · 25 June 1998
Reinstatement of the Medicare Rehabilitation Benefit Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act to repeal the financial limitation on rehabilitation services under part B (Supplementary Medical Insurance) of the Medicare program. Provides that for outpatient physical therapy services, outpatient occupational therapy services, and outpatient speech-language pathology services covered under Medicare and furnished on or after January 1, 2000, the Secretary of Health and Human Services shall implement a new payment methodology based on the classification of individuals by diagnostic category, functional status, and prior use of services in both inpatient and outpatient settings. Requires that such payment methodology be designed so that, taking into account the increased expenditures resulting from this Act, it does not result in any increase or decrease in the expenditures under Medicare on a fiscal year basis.
Bill· SS. 2216 (105th)referred
United States · United States Congress · 25 June 1998
Graduate Medical Education Technical Amendments of 1998 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Balanced Budget Act of 1997, with respect to the ceiling on the total number of full-time equivalent interns and residences in allopathic and osteopathic medicine in either a hospital or nonhospital setting for purposes of indirect and direct graduate medical education (GME) payments. Repeals the current limitation on program residents to those in a hospital with respect to the hospital's most recent cost reporting period ending on or before December 31, 1996. Replaces such limitation with one based on the number of residents who were appointed by a hospital's approved medical residency training program for such reporting period. Waives the limitation for hospitals that sponsor only one allopathic or osteopathic residency program. Limits to programs established between January 1, 1995, and September 30, 1999, (currently, programs established on or after January 1, 1995) the mandate for special rules applying limitations on interns and residents in any kind of medical residence training program. Requires the Secretary of Health and Human Services, in promulgating such rules, to include in the special consideration for facilities meeting the needs of underserved rural areas any facility not located in an underserved rural area which has established a separately accredited rural training track.
Bill· SS. 2227 (105th)referred
United States · United States Congress · 25 June 1998
Medicare+Choice Payment Equity Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act to eliminate the budget neutrality adjustment factor used in calculating the blended capitation rate for Medicare+Choice organizations. Directs the Secretary of Health and Human Services to submit to the Congress a legislative proposal that provides for aggregate decreases in Federal expenditures under the Medicare program as are equal to the aggregate increases in such expenditures under such program resulting from such elimination.
Bill· SS. 2215 (105th)referred
United States · United States Congress · 25 June 1998
TABLE OF CONTENTS: Title I: Grants to States for Development of Employment Programs Title II: Grants to States for Implementation of Employment Programs Subtitle A: State Activities Subtitle B: Local Activities Subtitle C: Activities in Outlying Areas Subtitle D: General Provisions Title III: Federal Grants to Local Areas for Implementation of Employment Programs Title IV: Grants to Indian Tribes and Native Hawaiian Organizations for Employment Programs Title V: Community Development Venture Capital Title VI: Revenue Provisions Strategic Transitional Employment Program Act - Title I: Grants to States for Development of Employment Programs - Directs the Secretary of Labor to make grants to assist eligible States and outlying areas in developing strategic transitional employment programs that provide community employment, in local areas with identified communities. (Sec. 101) Defines outlying areas as the U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. Sets the Federal share at two-thirds of such program development costs. (Sec. 104) Authorizes appropriations. Title II: Grants to States for Implementation of Employment Programs - Subtitle A: State Activities - Directs the Secretary to make allotments to assist eligible States in making grants to local areas, in order to implement employment programs in the States. (Sec. 201) Bases such State allotments on numbers of unemployed individuals and individuals in poverty. Sets the Federal share at two-thirds of such program implementation costs. (Sec. 202) Sets forth requirements for: (1) State plans, including priorities for selection of local areas with identifiable communities; and (2) State administration and reports. Subtitle B: Local Activities - Requires States receiving such allotments to use them to make grants to local areas. (Sec. 212) Sets forth requirements for local plans. (Sec. 213) Requires local areas to use such grant funds to implement employment programs that provide community employment with eligible employers to eligible individuals. Requires such community employment to be entry-level employment that the local chief elected official, after consultation with local organizations' representatives, determines to meet: (1) the skills and needs of eligible individuals in the identified communities in the local area; and (2) the needs of the local area for affordable housing, human services, infrastructure, environmental conservation or restoration, and small business development. Allows such community employment to include employment related to directory assistance services, recreational equipment design and construction, removal of lead paint or asbestos, renovation of schools and community centers, after-school and summer recreational programs, child care and home health care services, elder care, teacher aide services, construction and renovation of affordable housing, and community crime prevention. Authorizes the chief local official to elect to include in such community employment paid participation in training and education programs for up to ten hours per week per participant. Requires paid participation in structured job search activity, as part of such community employment, in accordance with standards specified by the chief elected official. Limits to 12 months the period of a participant's employment under the program. Authorizes the Secretary, upon request and justification by the chief local elected official, to waive such limit and allow participant employment for up to 12 additional months, for not more than 20 percent of program participants. Sets forth individual eligibility requirements. (Sec. 214) Sets forth program requirements with respect to: (1) employee wages and other benefits; (2) labor standards; (3) grievance procedures; and (4) information on worker rights. Prohibits use of program funds for business relocation and related activities, and for other specified activities. Prohibits requiring any individual to participate in an employment program under this title as a condition of receiving any benefit under any Federal or State law. (Sec. 215) Sets forth requirements for nondiscrimination, local administration, and local reports. Subtitle C: Activities in Outlying Areas - Directs the Secretary to reserve up to one-quarter of one percent of appropriations under this title to make grants to eligible outlying areas to implement employment programs. Subtitle D: General Provisions - Sets forth requirements for Federal monitoring, reports, and administration. (Sec. 234) Authorizes appropriations. Title III: Federal Grants to Local Areas for Implementation of Employment Programs - Directs the Secretary, if the funds allotted to a State under title II for a fiscal year are not distributed to the State for such fiscal year, to: (1) first use the funds for competitive, direct grants to local areas in the State for implementation of employment programs; and (2) reallot any remaining funds to remaining eligible States. Sets the Federal share at two- thirds of such program implementation costs. Title IV: Grants to Indian Tribes and Native Hawaiian Organizations for Employment Programs - Directs the Secretary to reserve up to three percent of appropriations, under certain provisions of titles I and II, to make grants to Indian tribes and Native Hawaiian organizations to develop and implement employment programs. Title V: Community Development Venture Capital - Authorizes the Administrator of the Small Business Administration to make grants to one or more intermediary organizations to develop the capacity of community development venture capital organizations. Sets forth requirements for use and allocation of such assistance, and for matching funds. (Sec. 501) Authorizes appropriations. Title VI: Revenue Provisions - Amends the Internal Revenue Code to declare that no trade or business expense deduction shall be allowed for excessive compensation to a full-time employee. (Sec. 602) Revises the definition of part F income (earnings and profits of a controlled foreign corporation) to eliminate foreign base company income (including certain export trade corporation income) and the deferral of any income to another taxable year. (Sec. 603) Expresses the sense of the Senate that any additional sums necessary for the implementation of this Act not already offset by the other provisions of this title should be offset by reductions in the exclusion of income of Foreign Sales Corporations.
Bill· HRH.R. 4168 (105th)referred
United States · United States Congress · 25 June 1998
Filipino Veterans Health Care Act of 1998 - Amends Federal veterans' benefits provisions to direct the Secretary of Veterans Affairs, in determining the inability of certain Filipino resident veterans to defray the necessary expenses of veterans' medical care, to apply a ratio to reflect the differences between median per capita income levels in the United States and the Commonwealth of the Philippines.
Bill· HRH.R. 4160 (105th)referred
United States · United States Congress · 25 June 1998
Military Retiree Health Fairness Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Balanced Budget Act of 1997, to provide for a special enrollment period for certain military retirees and their dependents to enroll under Medicare part B (Supplementary Medical Insurance), without penalty for late enrollment, in order to participate in the Medicare (TRICARE Senior Prime) demonstration project for military retirees.
Bill· HRH.R. 4186 (105th)referred
United States · United States Congress · 25 June 1998
Medicare Contracting Flexibility Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act with respect to flexibility in contracting for Medicare claims processing. Allows the Secretary of Health and Human Services, through the Health Care Financing Administration, to contract for claims processing with carriers that are not insurance companies. Requires the Secretary, at least every five years, to permit each service provider, including a group of hospitals or a group of another class of providers under common ownership by or control of a particular entity, to choose a fiscal intermediary from among those the Secretary proposes. Revises and reduces the number of contract performance requirements the Secretary must develop for fiscal intermediaries. Permits the non-competitive term renewal of a contract with any fiscal intermediary that has met or exceeded performance requirements. Waives competitive requirements for fiscal intermediary contracts entered within into within a certain period after enactment of this Act. Requires year 2000 compliance by fiscal intermediaries and carriers.
Bill· HRH.R. 4170 (105th)referred
United States · United States Congress · 25 June 1998
National Center for Bioengineering Research Act - Establishes a National Center for Bioengineering Research within the National Heart, Lung, and Blood Institute to: (1) promote basic research in bioengineering; and (2) establish an office to enhance and improve coordination of bioengineering research conducted within the National Institutes of Health and throughout the Federal Government. Authorizes appropriations.
Bill· HRH.R. 4189 (105th)referred
United States · United States Congress · 25 June 1998
TABLE OF CONTENTS: Title I: Authorities of Departmental Office of Minority Health With Respect to Tobacco Products Title II: Additional Authorities Minority Community Tobacco Reduction Act - Title I: Authorities of Departmental Office of Minority Health With Respect to Tobacco Products - Amends the Public Health Service Act to instruct the Secretary of Health and Human Services to plan, coordinate, and evaluate all minority tobacco activities conducted or supported by Public Health Service agencies (Service agencies). Prescribes a formula for the allocation of funds for such activities. Directs the Secretary, acting through the Deputy Assistant Secretary for Minority Health, to: (1) establish a comprehensive plan for implementation of minority tobacco activities by designated Service agencies according to prescribed guidelines and criteria; (2) ensure that minority tobacco activities are provided in contexts that are culturally and linguistically appropriate; and (3) ensure that there is in operation an advisory committee appointed from among non-Federal individuals experienced in minority-health concerns. Requires allocation to minority tobacco activities, according to a specified formula, of any block grants to States made pursuant to national tobacco legislation. Authorizes the use of such grant funds to: (1) establish or operate an office of minority health; or (2) make grants to Indian Health Service area offices. Title II: Additional Authorities - Directs the Secretary to make grants from amounts received by the Federal Government pursuant to national tobacco legislation to: (1) establish at certain minority medical schools endowments whose income shall be used exclusively for public health programs and biomedical research on diseases for which tobacco product consumption is the principal causal factor; (2) public and private nonprofit private entities for research, training, and demonstrations regarding child health and biomedical research (including with respect to tobacco products); and (3) community, migrant, and homeless health centers to assist them in providing health services and prevention activities for tobacco-related diseases. (Sec. 204) Makes Federal grants available to provide transition assistance to certain entities whose activities had previously been supported through the advertising or promotion of tobacco interests. (Sec. 205) Exempts from the application of national tobacco legislation the use of tobacco and tobacco products by Indian tribes for religious, ceremonial, and traditional purposes.
Bill· HRH.R. 4177 (105th)referred
United States · United States Congress · 25 June 1998
Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to: (1) entitle qualified World War II Filipino veterans who are either U.S. citizens or permanent residents to benefits under part A (Hospital Insurance) of SSA title XVIII (Medicare); and (2) make them eligible to enroll under Medicare part B (Supplementary Medical Insurance), subject to its deductible, premium, and coinsurance provisions.
Bill· HRH.R. 4187 (105th)referred
United States · United States Congress · 25 June 1998
Medicare+Choice Pharmaceutical Management Act of 1998 - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act to require Medicare+Choice organizations to provide the Secretary of Health and Human Services with annual disclosures of their pharmaceutical benefit management activities.
Bill· HRH.R. 4155 (105th)open
United States · United States Congress · 25 June 1998
Senior Citizen Protection Act of 1998 - Amends title XIX (Medicaid) of the Social Security Act to extend the authority of State Medicaid fraud control units, upon the approval of the Inspector General of the relevant Federal agency, to investigate and prosecute: (1) fraud in connection with other Federal health care programs (if the suspected fraud or law violation is primarily related to the State Medicaid plan); and (2) at a unit's option, abuse of residents of non-Medicaid board and care facilities. Provides that overpayments collected by a State Medicaid fraud control unit shall be credited to, and be available for expenditure under, the Federal health care program that was subject to the activity that was the basis for the collection.
Bill· HRH.R. 4167 (105th)referred
United States · United States Congress · 25 June 1998
Military Retiree Health Care Relief Act - Amends: (1) the Internal Revenue Code to allow a refundable credit for premiums paid by military retirees for Medicare (title XVIII of the Social Security Act) part B (Supplementary Medical Insurance) coverage; and (2) part B of title XVIII of the Social Security Act to eliminate, as specified, the ten percent part B premium penalty.
Bill· HRH.R. 4159 (105th)referred
United States · United States Congress · 25 June 1998
Amends the Public Health Service Act to waive Federal sanctions for a State that does not comply with certain block grant requirements for alcohol, drug abuse, and mental health services, if the State satisfactorily demonstrates that it has enacted for minors who purchase or possess tobacco products for personal consumption drivers'-license-related sanctions which: (1) delay by at least two months the minimum qualifying age to obtain such a license; and (2) suspend driving privileges for a period of at least two months for a minor with such a license.
Bill· HRH.R. 4135 (105th)referred
United States · United States Congress · 24 June 1998
Amends the Public Health Service Act to direct the Secretary of Health and Human Services to: (1) establish a program for the collection of information relating to the use of children and individuals with mental disabilities in biomedical or behavioral research subject to Federal regulation; and (2) ensure that such information is made available to the public on a regular basis.
Bill· SS. 2208 (105th)referred
United States · United States Congress · 23 June 1998
Healthcare Quality Enhancement Act of 1998 - Replaces all provisions of title IX (Agency for Health Care Policy and Research) of the Public Health Service Act with a new title IX (Agency for Healthcare Quality). Sets forth the mission, duties, and general authorities of the new Agency for Healthcare Quality. Requires the Agency to promote health care quality improvement by: (1) conducting and supporting research that develops and presents scientific evidence regarding all aspects of health care; (2) synthesizing and disseminating available scientific evidence for use by patients, consumers, practitioners, providers, purchasers, policy makers, and educators; and (3) advancing private and public efforts to improve health care quality. Directs the Agency, in collaboration with experts from the public and private sector, to identify and disseminate methods or systems used to assess health care research projects. Directs the Agency to employ research strategies and mechanisms that will link research directly with clinical practice in geographically diverse locations throughout the United States. Provides for grants to carry out research training programs that are dedicated to health services research training at the doctoral, post-doctoral, and junior faculty levels at geographically diverse eligible entities. Directs the Agency to provide scientific and technical support for private and public efforts to improve health care quality, including accrediting organizations. Requires the Agency to provide scientific and technical support for private and public efforts to improve health care quality, including accrediting organizations. Requires the collection of data from a nationally representative population sample on the cost and use of health care. Requires the Agency to support research to evaluate and initiatives to advance the use of information systems in connection with health care. Requires the Agency to provide ongoing support to the Preventive Services Task Force. Establishes within the Agency a Center for Primary Care Research. Requires the Director of the Agency to promote innovation in evidence-based clinical practice and health care technologies. Directs the Secretary of Health and Human Services, through the Agency's Director, to coordinate all research, evaluations, and demonstrations related to health services research and quality improvement activities undertaken and supported by the Federal Government. Establishes the Advisory Council for Healthcare Quality. Establishes, as a nonprofit corporation, the Foundation for Healthcare Research to: (1) support the Agency; (2) foster public-private partnerships; (3) advance collaboration with health care researchers; and (4) develop linkages with users of health care and quality research. Sets forth provisions concerning: (1) peer review with respect to grants under this Act; (2) standards with respect to the utility of data collected and statistics developed; (3) the dissemination of information; and (4) administrative authority. Authorizes appropriations. Deems any reference in law to the Agency for Health Care Policy and Research to be deemed a reference to the Agency for Healthcare Quality.
Bill· HRH.R. 4118 (105th)referred
United States · United States Congress · 23 June 1998
Children's Health Insurance Accountability Act of 1998 - Amends the Public Health Service Act to mandate that a group health plan or health insurance issuer provide to children of enrollees and enrollees who are children: (1) access to primary care providers who specialize in pediatrics and pediatric specialty services; (2) access to a sufficient number, distribution, and variety of qualified participating health care providers; (3) emergency services coverage without a requirement for either prior authorization determination, or a participating provider; (4) pediatric specialty services without imposing cost-sharing in excess of that required for other specialty care, and nonparticipating pediatric specialty services without additional cost; and (5) coverage that includes special consideration for the provision of services to children with special health care needs. (Sec. 3) Prescribes guidelines for continuity of care in the event that a contract between a health insurance issuer and a heath care provider should be terminated. Mandates that group health plans that cover children and health insurance issuers that offer health insurance coverage for children: (1) establish and maintain an ongoing, internal quality assurance program that meets certain requirements; (2) conduct utilization review activities that comply with prescribed criteria; (3) establish an internal and external appeals and grievance system meeting specified requirements; and (4) disseminate benefits and processes to the public plan. Requires group health plans and issuers of both group and individual health insurance plans to comply with the children's health accountability requirements set forth in this Act. (Sec. 3) (sic) Makes conforming amendments to the Employee Retirement Income Security Act of 1974. (Sec. 4) Directs the Secretary of Health and Human Services to study and report to the Congress on: (1) unique characteristics of patterns of illness, disability, and injury in children; (2) development of measures of quality of care and outcomes related to the health care of children; and (3) access of children to primary mental health services and the coordination of managed behavioral health services. Directs the General Accounting Office to study and report to certain congressional committees on: (1) the structure and performance of certain health plans (especially non-governmental plans) serving the needs of children with special health care needs; and (2) a survey of health plan activities that address the health needs of adolescents, including quality measures and innovative practice arrangement.
Bill· HRH.R. 4121 (105th)referred
United States · United States Congress · 23 June 1998
Cardiac Arrest Survival Act - Amends the Public Health Service Act with respect to emergency medical services (EMS). Requires programs for emergency medical services and preventive, diagnostic, therapeutic, and rehabilitative approaches to include: (1) development and dissemination of a core content for a model State training program applicable to cardiac arrest for inclusion in EMS educational curricula and training programs that address lifesaving interventions, including cardiopulmonary resuscitation and defibrillation; (2) a limited demonstration project to provide training in such core content; (3) identification of cardiac arrest care providers; (4) identification of equipment and supplies that should be accessible to such providers to permit lifesaving interventions; (5) development of model State and Federal legislation; and (6) coordination of a national database for reporting and collecting information on the incidence of cardiac arrest and related issues. Prescribes guidelines for the core content of the model State training program. Declares that the purpose of the model legislation is to ensure: (1) access to EMS through consideration of a requirement for public placement of lifesaving equipment; and (2) good samaritan immunity for cardiac arrest care providers, those involved with the instruction of the training programs, and owners and managers of property where equipment is placed.
Resolution· HRESH.Res. 486 (105th)open
United States · United States Congress · 23 June 1998
Sets forth the rule (modified closed) for the consideration of H.R. 3605 (consumer protection in managed care plans and other health coverage).
Bill· SS. 2201 (105th)referred
United States · United States Congress · 22 June 1998
Sets a one-year moratorium during which the Secretary of Health and Human Services may not modify regulations governing the operation of the Organ Procurement and Transplantation Network, including pertinent regulations under the Social Security Act. States that a related final rule published in the Federal Register has no legal effect. Directs the Secretary to: (1) consult with the medical community and organ donation organizations to develop workable guidelines for Network operation; and (2) study the impact of proposed regulations on indigent care, economic and geographic access to transplantation services, transplantation outcome and survival rate, and waiting list time by organ.