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351 records in US in 1992
United States · United States Congress · 30 April 1992
Declares that long-term care services should be available to all who need them regardless of age or income and any health care reform legislation passed by the Congress should include long-term care benefits.
United States · United States Congress · 29 April 1992
Revises Federal law concerning performance evaluations and disciplinary actions for certain health care employees of the Veterans Health Services and Research Administration of the Department of Veterans Affairs. Allows review boards to review the performance of such employees at any time during the two-year probationary period following their appointment and to recommend appropriate personnel actions to the Chief Medical Director. Permits the Director to accept, reject, or modify such recommendations. Requires the Director to justify any action taken which was not so recommended.
United States · United States Congress · 29 April 1992
Mental Health Care Providers Bounty Prevention Act of 1992 - Amends the Federal criminal code to prohibit, and set penalties with respect to, the intentional solicitation, receipt, or payment of remuneration for patient referrals to, or for purchasing, leasing, ordering, or arranging for any good, facility, or service from, mental health providers.
United States · United States Congress · 29 April 1992
Long-Term Health Care Markets Development Act - Title I: Tax-Free Withdrawals From IRA's Permitted for Payment of Long-Term Care Insurance Premiums - Amends the Internal Revenue Code to exclude from gross income amounts withdrawn from individual retirement accounts (IRAs) if: (1) the payee or distributee is age 59 1/2; and (2) the distribution is used to pay premiums for a qualified long-term care insurance policy for the benefit of the payee or distributee or the spouse, if the spouse is age 59 1/2. Defines a qualified long-term care insurance policy as a certified insurance policy or rider to provide coverage: (1) for not less than 12 consecutive months; (2) on an expense incurred, indemnity, or prepaid basis; (3) for one or more medically necessary, diagnostic services, preventive services, therapeutic services, rehabilitation services, maintenance services, personal care services, or continuing care services; and (4) provided in a setting other than an acute care unit of a hospital. Excludes policies or riders that primarily provide combinations of certain other kinds of coverage. Title II: Employers Encouraged to Offer Higher Deductibles on Employer-Provided Group Health Insurance - Allows trustees of eligible IRAs to extend credit, with such accounts as security for the credit, to employees who accept the high deductible option under employer group health insurance plans in return for the employer contributing the premium savings amount to employee IRAs. Limits the amount of credit for which an account may be used as security. Allows penalty-free distributions from IRAs to repay credit extended for medical expenses. Title III: Elimination of Certificate of Need Programs for Nursing Facilities - Amends title XIX (Medicaid) of the Social Security Act to eliminate the certificate of need program for nursing facilities. Title IV: Tax-Free Conversion of Life Insurance Policies Into Long-Term Care Insurance - Excludes from gross income amounts otherwise includible on the surrender, cancellation, or exchange of any life insurance contract, if: (1) the individual is age 65; and (2) the amount otherwise includible in gross income is used to pay long-term care insurance premiums. Title V: Exclusion of Gain on Sale of Principal Residence by Individuals Who Have Attained Age 55 Increased for Amounts Set Aside for Long-Term Care - Increases the excludible amount on the gain on the sale of a principal residence by individuals who have attained age 55 by the amount set aside by the taxpayer to pay the expenses of the taxpayer or his spouse for long-term care. Title VI: Reserves for Long-Term Care Insurance Treated in Same Manner as Reserves for Noncancellable Accident or Health Insurance - Provides for the treatment of qualified long-term care insurance in the same manner as noncancellable accident or health insurance.
United States · United States Congress · 29 April 1992
Designates October 4 through 10, 1992, as Mental Illness Awareness Week.
United States · United States Congress · 29 April 1992
Sets forth the rule for the consideration of H.R. 3090 (family planning services).
United States · United States Congress · 28 April 1992
Title I: Department of Agriculture, Rural Development, Food and Drug Administration, and Related Agencies - Rescinds specified appropriations made available to the Department of Agriculture for: (1) the Animal and Plant Health Inspection Service; (2) the Cooperative State Research Service; (3) the National Agricultural Library; and (4) the Farmers Home Administration. Title II: Departments of Commerce, Justice, and State, the Judiciary and Related Agencies - Rescinds certain appropriations made available to: (1) the Department of Commerce for the National Telecommunications and Information Administration; and (2) the Board for International Broadcasting for the Israel Relay Station. Title III: Department of Defense - Military - Rescinds specified appropriations made available to the Department of Defense for: (1) military personnel, Army; (2) operation and maintenance; (3) procurement; (4) research, development, test and evaluation; (5) the Pentagon Reservation Maintenance Revolving Fund; and (6) the Intelligence Community Staff. Title IV: Energy and Water Development - Rescinds certain appropriations made available to: (1) the Department of the Army for the Civil Corps of Engineers; and (2) the Department of Energy for general science and research activities and departmental administration. Title V: Foreign Operations, Export Financing, and Related Programs - Rescinds specified appropriations made available to the President for multilateral economic assistance, bilateral economic assistance, and military assistance. Title VI: Department of the Interior and Related Agencies - Rescinds certain funds made available to the Department of the Interior for the National Park Service and the Bureau of Indian Affairs. Title VII: Departments of Labor, Health and Human Services, Education, and Related Agencies - Rescinds one percent of the funds delayed for obligation until September 30, 1992, under the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1992. Excepts payments to States for child care assistance from such rescission. Rescinds certain funds made available to the Department of Health and Human Services for the Public Health Service. Title VIII: Legislative Branch - Rescinds certain funds made available to the House of Representatives for salaries and expenses, and reduces funds for official mail costs. Title IX: Department of Defense - Military - Rescinds specified funds provided in Military Construction Appropriations Acts. Title X: Department of Transportation and Related Agencies - Rescinds funds made available to the Federal Highway Administration for bridges on dams and the Federal Railroad Administration for local rail freight assistance. Title XI: Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies - Rescinds specified funds made available to the Department of Housing and Urban Development for: (1) Homeownership and Opportunity for People Everywhere Grants (HOPE Grants); (2) the Home Investment Partnerships Program; (3) annual contributions for assisted housing; and (4) the Flexible Subsidy Fund. Rescinds specified funds made available to: (1) the Environmental Protection Agency for construction grants; and (2) the National Aeronautics and Space Administration for research and development.
United States · United States Congress · 28 April 1992
Medicare Beneficiary Access and Financial Protection Act of 1992 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to provide that Medicare beneficiaries are not liable for nonparticipating physicians' charges in excess of authorized amounts. Requires physicians to refund excess charges to beneficiaries within 30 days. Authorizes sanctions against physicians who knowingly and repeatedly overcharge beneficiaries, or who fail to make timely refunds. Requires information with respect to non-liability for excess charges and availability of refunds to be included in the annual notice of Medicare benefits. Requires Medicare carriers to conduct prepayment screenings of services furnished by nonparticipating physicians. Requires a study on notifying nonparticipating physicians of limiting charges, beneficiary liability limitations, and the requirement for timely refunds of excess charges.
United States · United States Congress · 10 April 1992
Amends the Public Health Service Act to include schools of osteopathic medicine in the definition of "health provisions school" for provisions mandating grants for programs of excellence in health professions education for minority individuals.
United States · United States Congress · 10 April 1992
Amends title XVIII (Medicare) of the Social Security Act with respect to the inclusion of surgical and prosthodontic procedures following oral cancer and jaw reconstruction surgery within Medicare coverage.
United States · United States Congress · 10 April 1992
Designates the week beginning November 1, 1992, as National Medical Staff Services Awareness Week.
United States · United States Congress · 9 April 1992
Long-Term Care Family Security Act of 1992 - Title I: Community Care and Nursing Facility Care - Amends the Social Security Act (SSA) to add a new title XXI, Community Care and Nursing Facility Care. Entitles U.S. citizens and resident aliens (eligible individuals) who are moderately or severely disabled to community and nursing facility care. Specifies the scope of community and nursing facility care coverage. Sets limits on the hours of community care on the basis of the level of impairment. Provides that additional hours of community care may be made available to individuals with greater needs from pooled benefit hours. Provides for adjustment in computation of hours of community care to account for variation in intensity of types of care. Sets limits on short-term nursing facility care. Provides for assessment agency: (1) determination of the level of impairment of eligible individuals and financial eligibility for community and nursing facility care benefits; and (2) review of the quality of care provided under new title XXI. Requires care managers to: (1) establish and periodically review and revise plans of care for community care; (2) arrange for and monitor the provision and quality of community care and authorize payment for care; and (3) allocate additional hours of community care among different individuals who have been certified moderately or severely disabled and whose plans of care are being monitored. Provides for payment for community and nursing facility care. Requires that payment rates for home- and community-based services be based on a fee schedule or other prospective payment methodology established and annually adjusted by the Secretary of Health and Human Services. Subjects such services to specified coinsurance requirements. Requires that payment rates for nursing facilities be based on a specified prospective payment system. Provides that payment for care under new title XXI may be made only to providers and facilities that meet specified conditions. Requires the Director of the Office of Technology Assessment to provide for appointment of a Long-Term Care Payment Assessment Commission to: (1) make annual recommendations to the Secretary and the Congress on appropriate payment rates for community and nursing facility care; and (2) provide for specified studies and reports to the Congress about them. Authorizes appropriations. Provides for assistance to low-income individuals for coinsurance for community and short-term nursing facility care and charges for assessments. Provides protected resource levels with respect to long-term nursing facility care. Provides for determination of the amount of the resident-specific deductible for nursing facility care. Creates in the Treasury the Federal Long-Term Care Trust Fund for financing the community and nursing facility care program established above. Authorizes appropriations. Makes miscellaneous and technical amendments to Medicare and Medicaid (SSA titles XVIII and XIX) provisions, with changes including: (1) limits on Federal financial participation under Medicaid for services covered under new title XXI; (2) prohibitions on duplication of Medicaid benefits with benefits under such title; and (3) limits on skilled nursing facility care under Medicare. Title II: Financing Provisions - Provides that the public program of long-term care insurance under new title XXI shall be funded through one or more funding means in a manner that is: (1) progressive in the aggregate; (2) sufficient, each year, over time, and in the aggregate, to cover the net costs of the program; and (3) not derived from any one age group of society. Requires States to maintain current levels of financial commitment under Medicaid for population groups and long-term care services covered under the public program. Title III: Treatment of Long-Term Care Insurance - Subtitle A: Establishment of Standards for Long-Term Care Insurance Policies - Amends new title XXI to require the National Association of Insurance Commissioners or, in its absence, the Secretary, to promulgate standards for State programs to regulate long-term care insurance policies that incorporate specified requirements with respect to issuers and policy content and sales. Requires standards relating to issuers to provide for: (1) examination of policy and full refund; (2) explanation of claims denials; and (3) limitations on agent compensation. Requires standards relating to policy content to provide for: (1) use of standard definitions and terminology and uniform format; (2) minimum benefits; (3) limitations on use of preexisting condition limits; (4) protection against inflation; (5) limits on premium increases; (6) guarantees of renewability, continuation, and conversion; and (7) upgrade rights. Requires standards relating to policy sales to provide for: (1) agent certification; and (2) prohibitions against sales of duplicate policies and sales to Medicaid beneficiaries and certain unfair sales practices. Sets forth enforcement provisions. Amends the Public Health Service Act to set forth provisions similar to those above providing for the establishment of standards for long-term care insurance policies. Requires the Secretary, after the enactment of this Act, to report to the Congress on standards for insurer solvency protection. Subtitle B: Clarification of Tax Treatment of Long-Term Care Services and Long-Term Care Insurance Policies - Amends the Internal Revenue Code to accord: (1) the community and nursing facility care provided under new SSA title XXI the same tax treatment (including expense deductions) as medical care; and (2) insurance policies for such community and nursing facility care the same tax treatment as accident and health insurance policies. Provides for the tax treatment of certain pre-death benefits and benefit riders. Amends SSA title XI to prohibit applicants or recipients under specified public assistance programs from being required to make an election respecting certain pre-death benefits under life insurance policies. Title IV: Additional Grants and Demonstration Projects - Amends the Public Health Service Act to authorize the Secretary to make grants to community care agencies to assist them in providing community care to low-income individuals. Authorizes appropriations. Requires the Secretary to make grants to public and private entities to develop programs to train individuals to provide home health, homemaker, and personal assistance services for which payment may be made under SSA new title XXI. Authorizes appropriations. Amends the Older Americans Act of 1965 to authorize additional appropriations for long-term care ombudsman programs. Includes within the jurisdiction of the State Long-Term Care Ombudsman the investigation of complaints by recipients of community care under new SSA title XXI. Amends the Developmental Disabilities Assistance and Bill of Rights Act to authorize additional appropriations for information and referral services for the community and nursing facility care program under new SSA title XXI. Amends the Protection and Advocacy for Mentally Ill Individuals Act of 1986 to expand information and counseling services to include information and referral to such community and nursing facility care program. Title V: Review of Pharmaceutical Benefits - Requires the Director of the Office of Technology Assessment to provide for the appointment of a Pharmaceutical Payment Assessment and Policy Review Commission. Requires the Commission to report annually to the Congress on prescription drug costs and on issues with respect to coverage of prescription drugs under Federal health care programs. Makes appropriations for the Commission. Directs the Secretary to establish: (1) demonstration projects to assess the impact on cost, quality of care, and access to prescription drugs and pharmaceutical services of developing a prescription drug benefit for individuals that are receiving benefits for long-term care under new SSA title XXI; and (2) a Long-Term Care Prescription Drug Use Review Committee to advise about such demonstration projects. Authorizes appropriations.
United States · United States Congress · 9 April 1992
High Value Economic Growth Act of 1992 - Title I: Economic Growth Incentives - Amends the Internal Revenue Code to allow a first-time homebuyer who purchases a principal residence a tax credit of ten percent of the purposes price of such residence. Limits the credit to $5,000. Requires married individuals filing jointly to both be first-time homebuyers. Makes this credit applicable to residences acquired after February 1, 1992, and before January 1, 1993, or for which a binding contract is entered into during such period. Allows an additional depreciation deduction of 15 percent of the adjusted basis of equipment: (1) for which the original use commences with the taxpayer on or after February 1, 1992; (2) which is acquired by the taxpayer on or after February 1, 1992, and before January 1, 1993; and (3) which is placed in service before July 1, 1993. Requires such deduction to be taken in the taxable year after the year property was placed in service. Allows the special deduction in computing the alternative minimum tax. Allows penalty free-withdrawals from qualified retirement plans during 1992 for: (1) the acquisition costs of a principal residence of a first-time homebuyer who is the taxpayer or the child or grandchild of the taxpayer; or (2) the purchase of a new passenger automobile. Excludes certain rental real estate activities from treatment as a passive activity for purposes of determining passive activity losses and credits. Modifies exceptions to the exclusion of real property acquired by a qualified organization from the meaning of acquisition indebtedness. Makes certain exceptions inapplicable to sales out of foreclosure by a financial institution. Applies the meaning of acquisition indebtedness to investments in certain large partnerships where the principal purpose of partnership allocations is not tax avoidance. Repeals the special rule for publicly traded partnerships with respect to the treatment of unrelated business taxable income. Title II: Revenue Offsets - Subtitle A: General Provisions - Amends the Higher Education Technical Amendments of 1991 to eliminate the statute of limitations on the collection of guaranteed student loans. Increases the base tax rate on ozone-depleting chemicals. Eliminates the different rates for initially listed chemicals and newly listed chemicals. Requires dealers in stock or securities to use the mark to market inventory accounting methods. Disallows interest on overpayments when certain refunds have been made. Subtitle B: Electromagnetic Spectrum Function - Emerging Telecommunications Technologies Act of 1992 - Directs the Secretary of Commerce and the Chairman of the Federal Communications Commission (FCC), at least semiannually, to conduct joint spectrum planning meetings with respect to: (1) future spectrum needs; (2) the spectrum allocations necessary to accommodate those needs; and (3) actions necessary to promote the efficient use of the spectrum. Directs the Secretary and the Chairman to report annually to the President on the joint spectrum planning meetings and any resulting recommendations. Directs the Secretary to submit to the President a report identifying bands of frequencies that: (1) are allocated on a primary basis for Federal Government use and eligible for licensing pursuant to the Communications Act of 1934 (the Act); (2) are not required for the present or identifiable future needs of the Government; (3) can feasibly be made available during the next fifteen years for use under the Act for non-Government users; (4) will not result in excessive losses to the Government in relations to benefits that may be obtained through non-Government users; and (5) are likely to have significant value for non-Government users under the Act. Sets forth criteria for identifying, and recommending for reassignment, such frequencies. Requires the Secretary to submit to the President a report which makes a preliminary identification of reallocable bands of frequencies. Directs the Secretary to convene a private sector advisory committee to: (1) revise the bands of frequencies identified in the preliminary report; (2) advise the Secretary with respect to the bands of frequencies which should be included in the final report; (3) receive public comment on the reports; and (4) prepare and submit such report. Directs the advisory committee to submit to the Secretary, the FCC, and specified congressional committees recommendations for the reform of the process of allocating the electromagnetic spectrum between Federal and non-Federal use. Directs the Secretary, as part of the final report, to include a time-table for the effective dates by which the President shall, within 15 years, withdraw or limit assignments on frequencies specified in the report. Directs the President, after receiving the final report from the Secretary, to: (1) withdraw or limit the assignment to a Government station of any frequency which such report recommends for reallocation; (2) withdraw or limit the assignment to a Government station of any frequency which such report recommends to be reallocated or made available for mixed use; (3) assign or reassign other frequencies to Government stations as necessary to adjust to such withdrawal or limitation of assignments; and (4) publish in the Federal Register a notice and description of all such actions taken. Authorizes the President to substitute alternative frequencies in the interest of national security, important Governmental needs, public health or safety, or Federal financial considerations. Provides for the reimbursement to non-Government licensees, or non-Government entities operating on behalf of a Government licensee, for the incremental costs directly attributable to the loss of the use of the frequency reassigned or otherwise limited under this Act. Authorizes appropriations to provide such reimbursements. Directs the FCC, at specified intervals, to: (1) complete a public notice and comment proceeding regarding the allocation of the initial spectrum to be reassigned, and to formulate a plan to assign such spectrum pursuant to competitive bidding procedures; and (2) complete a public notice and comment proceeding, and prepare and report to the President a plan for the distribution under the Act, of the frequency bands reallocated pursuant to this Act. Amends the Communications Act of 1934 to officially authorize the FCC to assign the frequencies reallocated from Government to non-Government use under this Act. Makes certain frequency reassignments available only to the extent provided in appropriations Acts. Authorizes the President to reclaim reassigned frequencies for reassignment to Government stations. Sets forth procedures for reclaiming frequencies. Directs the FCC to use competitive bidding procedures during spectrum reallocation pursuant to this Act. Outlines other procedures to be followed by the FCC with regard to permits and licenses relating to such frequency reallocation awards. Outlines specified instances when competitive bidding procedures shall not be required. Subtitle C: Other Provisions - Amends Federal law to extend provisions regarding lump sum withdrawal of retirement contributions for civil service retirees from October 1995 to October 1996. Amends the Omnibus Budget Reconciliation Act of 1990 to extend the collection of Patent and Trademark Office user fees from 1995 to 1996. Establishes the amount to be collected in 1996. Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to provide an extension of customs user fees from 1995 to 1996. Amends the Internal Revenue Code to extend the requirement for information returns on veterans benefits from September 30, 1992, until September 30, 1998. Revises military law with respect to housing loan default procedure to take into account losses sustained on the resale of property. Amends the Social Security Act and Federal law to apply certain Medicare limits to the Federal Employee Health Benefits Program for enrollees aged 65 or older.
United States · United States Congress · 9 April 1992
Amends the Federal criminal code to require forfeiture of any property used in or derived from a Federal health care offense (defined as an offense under provisions relating to money laundering, racketeer influenced and corrupt organizations, or mail fraud involving: (1) fraudulent or false billing for a medical product, service, or test; (2) inflated cost; (3) unnecessary patient admission; or (4) kickbacks). Amends Federal law relating to the Attorney General to establish in the Treasury the Health Care Fraud Forfeiture Fund. Makes the Fund available in the same manner as the Department of Justice Forfeiture Fund, to be used solely for the benefit of activities relating to Federal health care offenses. Deposits in the Fund all property forfeited by reason of a Federal health care offense.
United States · United States Congress · 9 April 1992
Physician Assistant Incentive Act of 1992 - Amends title XVIII (Medicare) of the Social Security Act to provide increased Medicare reimbursement for physician assistants at 97 percent of the physician fee schedule amount for services performed without regard to location or practice setting. Provides for bonus payments for services provided by physician assistants in health professional shortage areas.
United States · United States Congress · 9 April 1992
Revises title XX (Adolescent Family Life Demonstration Projects) of the Public Health Service Act. Mandates grants for demonstration projects to help communities provide care or prevention services (or both) in easily accessible locations using such methods as will strengthen the capacity of families to deal with the sexual behavior, pregnancy, or parenthood of adolescents and to make use of support systems such as other family members, friends, and organizations. Lists permitted uses of grant funds, including coordinating among providers, providing supplemental services as determined by the Secretary of Health and Human Services, and planning. Prohibits using grant funds for the provision of family planning services other than counseling and referral unless such services are not otherwise available in the community. Requires, in applying a fee schedule, consideration of the income of the family of an unemancipated minor, unless the parents or guardians refuse to pay. Requires parental notification and permission, except if: (1) an adolescent is solely requesting pregnancy testing or treatment of venereal disease; (2) there is incest involving a parent; (3) certain blood relatives certify that notification would result in physical injury to the minor; and (4) with regard to permission, the parents are attempting to compel an abortion. Directs the Secretary to coordinate Federal policies and programs providing services relating to the prevention of adolescent sexual relations and initial and recurrent adolescent pregnancies and providing care services for pregnant adolescents. Authorizes grants and contracts for certain research and dissemination activities, including descriptive or explanatory surveys, longitudinal studies, or limited demonstration projects. Requires scientific peer review and approval of grant and contract applications. Authorizes appropriations to carry out this Act. Allows grants or payments to be made only to programs that do not: (1) provide abortions or abortion counseling or referral; (2) subcontract with any person who provides abortions or abortion counseling or referral; or (3) advocate, promote, or encourage abortion.
United States · United States Congress · 9 April 1992
Ozone Protection and Clean Technology Competitive Enhancement Act of 1992 - Amends the Solid Waste Disposal Act to prohibit: (1) the production of class I or II ozone depleting substances (defined under the Clean Air Act) after 1992; (2) the production and use, within 30 and 90 days of this Act's enactment, respectively, of methyl bromide; and (3) the production of methyl chloroform after 1992. Makes exemptions to such prohibition for pharmaceutical applications and, in the case of class I or II substances, for critical fire protection. Prohibits: (1) the use of chlorine or other chlorinated oxidizing agents in the pulp and paper industry within five years of this Act's enactment; (2) the use of mercury as a biocide and in batteries after 1994; and (3) the sale or promotion of any packaging or product in packaging which includes additives containing lead, cadmium, mercury, or hexavalent chromium after 1994. Directs the Administrator of the Environmental Protection Agency to report to the Congress on: (1) sunset candidates (toxic substances with a capacity for bioaccumulation or persistence in the environment), along with a list of alternatives to such substances and recommendations for their phaseout; (2) organochlorines and organobromines produced in quantities of more than 25,000 pounds per year, uses of such substances, and recommendations for eliminating their use; and (3) uses of elemental chlorine and chlorinated oxidizing agents of more than 1,000 tons per year, alternatives for such substances, and recommendations for eliminating their use. Prohibits any facility from replacing the manufacture, import, processing, use, or sale of any sunset candidate with any substitute toxic substance with a known or probable carcinogen, teratogen, or mutagen or with any alternative product or process that creates new public health or environmental risks. Directs the Administrator to establish a fee on the manufacture, import, or sale of sunset candidates. Requires fee proceeds to be used solely for worker retraining, adjustment, and education, and for jobs development programs for workers displaced by the phaseout of sunset candidates.
United States · United States Congress · 9 April 1992
Long-Term Care Family Security Act of 1992 - Title I: Community Care and Nursing Facility Care - Amends the Social Security Act (SSA) to add a new title XXI, Community Care and Nursing Facility Care. Entitles U.S. citizens and resident aliens (eligible individuals) who are moderately or severely disabled to community and nursing facility care. Specifies the scope of community and nursing facility care coverage. Sets limits on the hours of community care on the basis of the level of impairment. Provides that additional hours of community care may be made available to individuals with greater needs from pooled benefit hours. Provides for adjustment in computation of hours of community care to account for variation in intensity of types of care. Sets limits on short-term nursing facility care. Provides for assessment agency: (1) determination of the level of impairment of eligible individuals and financial eligibility for community and nursing facility care benefits; and (2) review of the quality of care provided under new title XXI. Requires care managers to: (1) establish and periodically review and revise plans of care for community care; (2) arrange for and monitor the provision and quality of community care and authorize payment for care; and (3) allocate additional hours of community care among different individuals who have been certified moderately or severely disabled and whose plans of care are being monitored. Provides for payment for community and nursing facility care. Requires that payment rates for home- and community-based services be based on a fee schedule or other prospective payment methodology established and annually adjusted by the Secretary of Health and Human Services. Subjects such services to specified coinsurance requirements. Requires that payment rates for nursing facilities be based on a specified prospective payment system. Provides that payment for care under new title XXI may be made only to providers and facilities that meet specified conditions. Requires the Director of the Office of Technology Assessment to provide for appointment of a Long-Term Care Payment Assessment Commission to: (1) make annual recommendations to the Secretary and the Congress on appropriate payment rates for community and nursing facility care; and (2) provide for specified studies and reports to the Congress about them. Authorizes appropriations. Provides for assistance to low-income individuals for coinsurance for community and short-term nursing facility care and charges for assessments. Provides protected resource levels with respect to long-term nursing facility care. Provides for determination of the amount of the resident-specific deductible for nursing facility care. Creates in the Treasury the Federal Long-Term Care Trust Fund for financing the community and nursing facility care program established above. Authorizes appropriations. Makes miscellaneous and technical amendments to Medicare and Medicaid (SSA titles XVIII and XIX) provisions, with changes including: (1) limits on Federal financial participation under Medicaid for services covered under new title XXI; (2) prohibitions on duplication of Medicaid benefits with benefits under such title; and (3) limits on skilled nursing facility care under Medicare. Title II: Financing Provisions - Amends the Internal Revenue Code to: (1) increase payroll taxes on employees (including railroad employees), employers, the self-employed, and the tax on employee representatives in the form of a long-term care tax; and (2) impose a long-term care tax on the unearned income of individuals. Reduces from $192,000 to $54,800 the unified credits against estate and gift taxes. Reduces the gross estate threshold for the imposition of the estate tax from $600,000 to $200,000 for U.S. citizens or permanent residents, and from $60,000 to $20,000 for nonresident non-citizens of the United States. Requires States to maintain current levels of financial commitment under Medicaid for population groups and long-term care services covered under the public program. Title III: Treatment of Long-Term Care Insurance - Subtitle A: Establishment of Standards for Long-Term Care Insurance Policies - Amends new title XXI to require the National Association of Insurance Commissioners or, in its absence, the Secretary, to promulgate standards for State programs to regulate long-term care insurance policies that incorporate specified requirements with respect to issuers and policy content and sales. Requires standards relating to issuers to provide for: (1) examination of policy and full refund; (2) explanation of claims denials; and (3) limitations on agent compensation. Requires standards relating to policy content to provide for: (1) use of standard definitions and terminology and uniform format; (2) minimum benefits; (3) limitations on use of preexisting condition limits; (4) protection against inflation; (5) limits on premium increases; (6) guarantees of renewability, continuation, and conversion; and (7) upgrade rights. Requires standards relating to policy sales to provide for: (1) agent certification; and (2) prohibitions against sales of duplicate policies and sales to Medicaid beneficiaries and certain unfair sales practices. Sets forth enforcement provisions. Requires the Secretary, after the enactment of this Act, to report to the Congress on standards for insurer solvency protection. Subtitle B: Clarification of Tax Treatment of Long-Term Care Services and Long-Term Care Insurance Policies - Amends the Internal Revenue Code to accord: (1) the community and nursing facility care provided under new SSA title XXI the same tax treatment (including expense deductions) as medical care; and (2) insurance policies for such community and nursing facility care the same tax treatment as accident and health insurance policies. Provides for the tax treatment of certain pre-death benefits and benefit riders. Amends SSA title XI to prohibit applicants or recipients under specified public assistance programs from being required to make an election respecting certain pre-death benefits under life insurance policies. Title IV: Additional Grants and Demonstration Projects - Amends the Public Health Service Act to authorize the Secretary to make grants to community care agencies to assist them in providing community care to low-income individuals. Authorizes appropriations. Requires the Secretary to make grants to public and private entities to develop programs to train individuals to provide home health, homemaker, and personal assistance services for which payment may be made under SSA new title XXI. Authorizes appropriations. Amends the Older Americans Act of 1965 to authorize additional appropriations for long-term care ombudsman programs. Includes within the jurisdiction of the State Long-Term Care Ombudsman the investigation of complaints by recipients of community care under new SSA title XXI. Amends the Developmental Disabilities Assistance and Bill of Rights Act to authorize additional appropriations for information and referral services for the community and nursing facility care program under new SSA title XXI. Amends the Protection and Advocacy for Mentally Ill Individuals Act of 1986 to expand information and counseling services to include information and referral to such community and nursing facility care program. Title V: Review of Pharmaceutical Benefits - Requires the Director of the Office of Technology Assessment to provide for the appointment of a Pharmaceutical Payment Assessment and Policy Review Commission. Requires the Commission to report annually to the Congress on prescription drug costs and on issues with respect to coverage of prescription drugs under Federal health care programs. Makes appropriations for the Commission. Directs the Secretary to establish: (1) demonstration projects to assess the impact on cost, quality of care, and access to prescription drugs and pharmaceutical services of developing a prescription drug benefit for individuals that are receiving benefits for long-term care under new SSA title XXI; and (2) a Long-Term Care Prescription Drug Use Review Committee to advise about such demonstration projects. Authorizes appropriations.
United States · United States Congress · 9 April 1992
Flexible Medical Access and Cost Containment Act of 1992 - Title I: Requiring Employers to Provide Health Insurance Coverage for Employees and Dependents - Amends the Internal Revenue Code to impose on employers who fail to cover employees and their dependents under a qualified employer health plan an excise tax of $100 per employee for each day of noncompliance. Applies certain deficiency procedures to such tax. Amends the Social Security Act to add a new title XXI under which employers are required to enroll their employees and dependents under a qualified employer health plan. Makes an employer that fails to make such an enrollment liable for payment of such excise tax. Provides that a small employer may meet such requirements through purchase of coverage under the public plan provided under such new title XXI. Sets forth rules for the enrollment of full- and part-time, seasonal, and temporary employees, including rules applicable in cases of families with more than one worker and where both employers offer enrollment under a qualified employer health plan. Phases in implementation of enrollment and tax payment requirements beginning on January 1, 1993, for employers with more than 250 employees. Requires that as of January 1, 1996, all employers must provide coverage or pay the excise tax. Requires employers to provide their employees and family members with a basic health benefit package that at least mirrors the benefits provided under the public health plan. Allows the qualified employer health plan under which the employer must provide such benefit package to be either a private health plan or a self-insured plan, depending upon the size of the employer. Allows employers to charge employees up to 20 percent of the premium for such basic coverage. Outlines additional requirements for qualified employer health plan premiums and cost-sharing as well as requirements for qualified employer health plans relating to the coordination of low-income assistance for deductibles. Sets forth the standards for the Secretary to certify a health plan as a qualified employer health plan. Requires the Secretary to: (1) establish procedures for the periodic review and recertification of plans as qualified employer health plans; and (2) terminate the certification of any such plan that no longer meets such standards. Preempts certain State and Federal requirements with respect to benefit and coverage rules. Provides that the provisions of this title shall not apply with respect to an employee who is not a resident of one of the States or the District of Columbia. Amends the Internal Revenue Code, the Employee Retirement Income Security Act of 1974, and the Public Health Service Act to repeal certain health insurance continuation requirements. Title II: Provision of Health Insurance Through a Public Health Plan - Amends the Social Security Act to add a new title XXII under which is created a public health plan similar to Medicare (title XVIII of the Social Security Act) under which those U.S. citizens and resident aliens who are not Medicare beneficiaries or enrolled under a qualified employer health plan under title I of this Act, or under a Federal health plan, are eligible to enroll for the basic health insurance benefits outlined below. Provides that, in order to meet the requirements of title I of this Act, a small or medium-size employer may provide for the enrollment of full-time employees and their dependents in the public health plan, but only under certain conditions. Makes individuals with income below the Federal poverty level who enroll in the plan on a non-employment basis eligible for assistance to limit or eliminate their financial obligations for premiums, deductibles, and co-payments under the plan. Sets forth provisions detailing the application process for enrollment under the public health plan. Requires individuals who are eligible to enroll under the public health plan, but who have not applied for enrollment by January 1, 1996, to be automatically enrolled on a retroactive basis, subject to a penalty of twice any premiums otherwise due. Provides that the benefits under the public health plan shall generally be the same as those currently covered under Medicare, except that: (1) plan benefits shall include the preventive services added to the Medicare program under title V of this Act, without co-payments or limits on days of care per spell of illness; (2) plan benefits shall include specified pregnancy-related services, subject to a required periodicity schedule and prior authorization for certain services; and (3) there shall be a single annual deductible of $250 per individual/$500 per family with an overall annual limit on deductibles and co-payments of $2,500 per individual/$3,000 per family indexed to the annual increases in the contribution and benefit base. Requires payments for services under the public health plan to be based on rates established by the Secretary in accordance with specified standards, and approved by the Federal Health Care Cost Containment Commission, under title III of this Act. Directs the Secretary to establish a global fee schedule for payment of obstetrical services with a disincentive for cesarean sections. Sets forth provisions for: (1) determining the amount of premiums to be charged individuals not connected to the workforce and individuals who are employed on a part-time, seasonal, or temporary basis; and (2) collecting premiums through automatic withholdings from income sources or bank accounts. Creates in the Treasury the Public Health Trust Fund to receive the funds generated from the excise taxes imposed under this Act as well as from other revenues dedicated to the support of the plan. Directs the Secretary to provide for the: (1) submission of claims under new titles XXII and XVIII using uniform forms developed by the Federal Health Care Cost Containment Commission established under title III of this Act; and (2) reporting to the Commission of information on required health services provided under such new titles pursuant to standards the Commission develops. Sets forth administrative provisions applicable to the public health plan. Requires that the Secretary establish a toll-free telephone number for information on the public health plan. Authorizes the Secretary to conduct demonstration projects to: (1) improve the delivery and quality of health care services under new title XXII; and (2) increase the efficiency and effectiveness of the methods for paying for such services. Authorizes reciprocal coverage of foreign nationals whose home countries provide health benefits to U.S. citizens who reside there. Provides that the provisions of this title shall not apply to an individual who is not a resident of one of the States or the District of Columbia. Title III: Cost Containment - Sets national limits on the health expenditures of the public health plan and qualified employer health plans for the services required to be covered for each year beginning in 1993. Indexes the limit each year to the rate of growth in the gross national product plus: (1) four percent for 1993 and 1994; (2) three percent for 1995 and 1996; (3) two percent for 1997 and 1998; (4) one percent for 1999 and 2000; and (5) zero percent for each year after 2000. Establishes the Federal Health Care Cost Containment Commission (Commission) to: (1) apportion the overall health care spending amount established by this Act for required health services among the States; (2) monitor State compliance with the apportioned amount; (3) approve payment rates in certain States that are without a State Health Commission or are unable to control health care expenditures; (4) establish an appeals process for payment rates established by State Health Commissions; (5) develop uniform claims forms for use under the public health plan, qualified employer health plans, and Medicare; (6) develop uniform standards for reporting information on the types and amounts of required health services provided and the cost of facilities providing such services; (7) analyze information reported pursuant to such standards; and (8) report periodically to the Congress and the public on the effect of this title on the delivery of such services. Authorizes appropriations. Requires each State to establish a State Health Commission (SHC) to: (1) allocate the State apportionment of the health care spending amount among required health services furnished by different classes of providers; and (2) establish, and revise at the direction of the Commission, payment rates for such services which meet specified standards for approval by the Commission. Sets forth conditions for Commission approval of SHC established payment rates. Provides that payment rates approved under this title shall apply under both the Medicare program and the public health plan. Title IV: Group Health Insurance Reforms - Amends the Social Security Act and the Internal Revenue Code, respectively, to: (1) add a new title XXIII under which the Secretary is required to develop standards which employment-related group health insurance plans must be certified as meeting or else face loss of status as qualified employer health plans under new title XXI of the Social Security Act; and (2) impose an excise tax (set at 50 percent of gross accident and health insurance premiums received during the taxable year) on the issuer of such a group plan which fails to meet such standards, with specified exceptions. Directs the Secretary to provide for the establishment of a toll-free telephone information and complaint system which provides for: (1) a system for the receipt and disposition of consumer complaints or inquiries regarding the compliance of health plans with the requirements of this title; and (2) information to small employers about carriers that offer small employer health plans in the area covered by the regulatory authority. Provides that under such standards, no group plans may discriminate on the basis of an individual's health status, claims experience, receipt of health care, medical history, or lack of evidence of insurability. Provides for the same treatment of pre-existing condition exclusions under such group plans as provided under qualified employer health plans under title XXI. Requires the Secretary periodically to publish the names of issuers of insured employment-related small employer health plans that have been found to meet the applicable requirements of this title. Requires any health insurance carrier offering small employer health plans to register with the Secretary. Requires such carriers to offer the same plan to all small employers within their community on a continuous, year-round basis. Allows a carrier to terminate or refuse to issue or renew, a plan only for nonpayment of premiums and fraud or misrepresentation. Prohibits a carrier from offering to, or issuing with respect to, a small employer a small employer health plan with a term of less than 12 months. Requires a plan to provide for benefits for all required health services. Prohibits a plan, however, from imposing cost-sharing with respect to basic benefits in excess of the deductibles and co-payments permitted under new title XXII. Requires premiums to be community-rated for a given geographic area. Allows such premiums to be adjusted for age, gender, and type of family enrollment. Sets forth miscellaneous disclosure and recordkeeping requirements for small employer health plans. Prohibits a small employer carrier from varying the remuneration paid a broker for the sale or renewal of any small employer health plan based on the claims experience associated with the group to which the plan was sold. Allows a health maintenance organization (HMO) to: (1) deny enrollment to employees (and family members) of a small employer if the employees are located outside the HMO's service area, but only if such denial is applied uniformly without regard to health status or insurability; and (2) apply to the Secretary to cease enrolling new small employer groups in its small employer health plan under certain conditions. Exempts HMO health plans from the above mentioned requirements respecting the basic benefit package and maximum cost-sharing restrictions for small employer health plans. Title V: Changes in Medicare Program - Amends the Medicare program to: (1) add annual screenings for colorectal cancer for individuals over age 50 and for breast cancer for women over 64, vaccinations for influenza and tetanus-diphtheria, and well-child care services as program benefits; and (2) make technical and conforming changes in provisions with respect to Medicare enrollment and participation agreements that reflect the additions of new titles XXI and XXII and to ensure the coordination of law-income assistance for Medicare beneficiaries. Directs the Secretary to establish and provide for ongoing demonstration projects providing for the coverage of other specified preventive services under Medicare to determine whether to include coverage of such services for all individuals enrolled under Medicare part B (Supplementary Medical Insurance). Requires reports to specified congressional committees describing findings made under such demonstration projects and the Secretary's plans for future such demonstration projects. Authorizes appropriations. Directs the Director of the Office of Technology Assessment (OTA) to conduct a study to develop a process for the regular review of Medicare coverage of preventive services. Requires an OTA report to specified congressional committees on such study. Title VI: Financing Provisions - Amends the Internal Revenue Code to remove limitations on the contribution base for the hospital insurance tax after 1992. Allows self-employed individuals to deduct the full amount paid for health insurance costs (currently, such deduction is limited to 25 percent of such costs). Repeals the termination date of such deduction, extending it indefinitely. Applies special rules for such individuals and personal corporations before employer health plan requirements take effect. Allows small employers (those employing fewer than 100 employees) a deduction of 20 percent of the insurance premiums paid for the qualified health coverage of their employees. Requires a State, beginning January 1996, to make monthly maintenance of effort payments to the Public Health Trust Fund in order to keep its residents eligible for title XXII benefits. Title VII: Medicaid Provisions - Amends title XIX (Medicaid) of the Social Security Act to: (1) limit Federal financial participation for services covered under the public health plan; and (2) provide for the continuation of Medicaid benefits not covered under the public health plan and for the nonduplication of benefits with the public health plan.
United States · United States Congress · 9 April 1992
Defense Economic Reinvestment Act of 1992 - Title I: Worker and Member Assistance Programs - Directs the Secretary of Defense to establish a program to assist displaced defense workers (workers displaced as the result of the closure of defense facilities or reductions in defense spending) and members involuntarily separated from active duty in the armed forces to obtain reemployment in defense distressed areas (areas in which a minimum workforce reduction has occurred as the result of defense spending reductions or the closure of a defense facility). Directs the Secretary to enter into agreements with public or private employers that agree to extend employment positions to separated members and displaced defense workers. Requires: (1) the Secretary to pay 25 percent of the first-year's wages paid to each displaced defense worker or separated member; (2) the employer to hire a specified number of such individuals during the agreement period for at least 180 days and to place such individuals in positions located in, or relocate them outside of, a defense dependent area. Requires repayment to the Secretary by an employer breaching such agreement. Authorizes the Secretary to implement an incentive program to assist a facility in rehiring employees terminated or laid off as the result of the curtailment, completion, elimination, or realignment of a defense contract or program. Requires the Secretary to pay 12.5 percent of the first-year's wages of employees rehired under such program. Requires the facility involved to continue to pay the health insurance premium for health care elected by such employees. Authorizes appropriations to carry out both programs. Amends the Internal Revenue Code to allow an additional credit against Federal unemployment tax (not to exceed 12 percent) for employers who contribute to a reemployment assistance fund maintained under a State law certified by the Secretary of Labor. Changes the rate of Federal unemployment tax on employers to the sum of 5.4 percent of total wages paid and .25 percent of the total Federal taxable wages paid. (The current rate of tax is 6.2 percent for 1988 through 1995 and 6.0 percent for 1996 and thereafter.) Replaces the $7,000 threshold in the definition of wages, for purposes of Federal taxable wage, with the average annual wage in employment covered under State unemployment compensation laws for the most recent calendar year. Revises the method of computing installment payments of Federal unemployment tax to take into account the additional credit allowed against such tax. Directs the Secretary to establish a program under which the Secretary makes grants to eligible entities to provide: (1) retraining services to enable displaced defense workers and involuntarily separated members of the armed forces who have experience in the field of engineering to obtain employment in the field of environmental engineering; and (2) fellowship assistance to such individuals while they are receiving such retraining. Makes eligible for such grants certain public research universities having a facility located within 50 miles of a defense distressed community. Outlines selection criteria. Limits such grants to $2,000,000 per entity. Authorizes appropriations. Title II: Defense Economic Development Grants - Directs the Secretary to make grants to communities, including defense distressed communities located in defense dependent areas, to assist such communities in the economic transition necessary due to reductions in defense expenditures or the closure of defense facilities. Provides a grant preference to certain communities. Outlines authorized fund uses. Authorizes the Secretary to perform administrative services on a reimbursable basis on behalf of a grant recipient. Authorizes appropriations. Title III: Defense Industrial and Technology Base Initiatives - Expresses the sense of the Congress that: (1) upon completion of the recommendations by a government-industry committee concerning the rights of the United States in technical data produced in its Federal laboratories, the Secretary should report to the Congress concerning such recommendations and related regulations; (2) upon completion of a final report of an advisory panel concerning the streamlining and codification of defense acquisition laws, the Secretary should transmit such report to the Senate and House Armed Services Committees (defense committees), together with comments; and (3) the Secretary should make every effort to facilitate technology dissemination to U.S. private industry to the extent practical with fiscal prudence and national security. Directs the Secretary to establish a program to make grants to support the enhancement of existing programs of alternative technology development, and the establishment of new alternative technology development programs, regarding biotechnology, photonics, and agro-environmental and marine science. Makes eligible as grant recipients certain public research universities with facilities located within a defense dependent area or an independent nonprofit research institution with an advanced degree program. Requires the Secretary to give a preference in the award of such grants to universities that conduct research as part of a State comprehensive economic development and conversion plan. Requires applicants to be chosen on a merit basis pursuant to competitive procedures. Outlines selection criteria. Authorizes appropriations. Title IV: Administration of Economic Adjustment Programs in the Department of Defense - Establishes the position of Assistant Secretary of Defense for Economic Adjustment to be responsible for the overall supervision of economic adjustment programs in the Department of Defense (DOD). Establishes in DOD an Office for Economic Adjustment, directed by the Assistant Secretary. Outlines Office duties relating to the economic adjustment and industrial diversification of industries, communities, and workers adversely affected by the termination or reduction of defense spending or defense-related contracts. Requires the Office to provide economic adjustment assistance to such industries, communities, and workers on a Federal, State, and local community level. Authorizes appropriations. Title V: Notification of Defense Facilities Closings and Employee Layoffs - Requires a defense facility, as soon as practicable after receiving actual or constructive notice of the cancellation or delay of a defense contract, to notify the following persons or entities about the contract and any plant closing or layoff of 50 or more employees likely to occur as a result of the cancellation or delay: (1) the Office of Economic Adjustment of DOD; (2) each labor representative of any employee affected, or if none, the employee; and (3) the chief elected official of the State in which the facility is located. Prohibits an employer (generally, one employing 100 or more full-time employees) from ordering a plant closing or employee layoff until 60 days after the employer serves notice to such individuals and entities. Allows the employer to shut down a single site of employment before such 60-day period in limited circumstances. Requires no notification when such closing or layoff is due to a natural disaster. Provides that a layoff of more than six months which, at its outset, was announced as a layoff of six months or less, shall be treated as an employment loss unless: (1) the extension beyond six months is caused by unforeseen business circumstances; and (2) notice is given at the time it becomes foreseeable that the extension will be required. States that such notification requirements shall not apply to a plant closing or layoff if it: (1) involves a temporary facility; or (2) constitutes a strike or lockout not intended to evade the requirements of this title. Provides for civil actions against employers found to be in violation of the requirements of this title. Requires employees who suffer an employment loss without proper notification to receive back pay and certain benefits under employee benefit plans for the period of violation up to 60 days. Outlines administrative procedures in connection with such civil action. States that the remedies provided under this title for lack of due notification shall be the exclusive remedies for such violation, allowing no Federal court to enjoin a plant closing or layoff. Provides that rights and remedies provided to employees by this title are in addition to any other statutory rights and remedies of such employees.
United States · United States Congress · 9 April 1992
Health Administrative Simplification Act of 1992 - Requires any public or private entity or program that provides for payments for health care services (a plan), with respect to each individual entitled to benefits under the plan, to: (1) issue a health claims card to each individual residing in the United States; (2) provide to the health claims clearinghouse in electronic form certain information regarding the eligibility and benefits of the individual; and (3) accept the clearinghouse's determinations of clean claims. Requires each health service provider which furnishes services for which payment may be made under a plan to submit claims only to the clearinghouse and only in a form consistent with this Act. Provides, in case of violations, for: (1) civil monetary penalties; and (2) a prohibition of payments under titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act. Requires each hospital, as a Medicare condition, to report information regarding any hospital care provided in a uniform manner consistent with specified provisions of the Omnibus Budget Reconciliation Act of 1987. Mandates designation of clearinghouse areas having about five million residents each and being, to the extent practicable, contiguous with State boundaries. Directs the Secretary of Health and Human Services to contract with a public or private organization to perform the clearinghouse functions. Allows clearinghouses to impose charges for required functions. Includes in the required clearinghouse functions: (1) advising health service providers of the benefits under the plan; and (2) processing claims. Requires the clearinghouses to be able to handle inquiries and claims electronically. Allows a clearinghouse to contract with a plan for the clearinghouse to make claim payments. Authorizes the Secretary to contract with clearinghouses for Medicare payments. Mandates standards regarding the form of and information in the uniform health claim cards required by this Act, including that the card be similar to credit cards, with identifying information electronically recorded and readily changeable. Requires a uniform claims data set consistent with standards being developed for electronic medical records. Provides for the development and availability without charge to health services providers of software enabling inquiries, claims submission, and (for hospitals) report submission. Amends the Internal Revenue Code to impose a tax on the failure of a plan to meet requirements of this Act. Makes nondeductible this tax and the tax imposed by existing provisions on certain group health plans. Requires that identification cards and claims processes under Medicare and Medicaid conform to the requirements of this Act.
United States · United States Congress · 9 April 1992
Primary Care Health Practitioner Incentive Act of 1992 - Amends title XVIII (Medicare) of the Social Security Act to provide increased Medicare reimbursement for nurse practitioners, clinical nurse specialists, and certified nurse midwives (practitioners) at 97 percent of the physician fee schedule amount for services performed without regard to location or practice setting. Provides for bonus payments for services provided by such practitioners in health professional shortage areas. Defines "clinical nurse specialist" as an individual who is a registered nurse and is licensed to practice nursing in the State in which the clinical nurse specialist services are performed and holds a master's degree in a defined clinical area of nursing from an accredited educational institution.
United States · United States Congress · 9 April 1992
Orphan Drug Amendments of 1992 - Amends provisions of the Federal Food, Drug, and Cosmetic Act (FDCA) relating to designation of drugs for rare diseases or conditions to require that the number of people affected be determined three years after the request for designation as well as on the date of the request. Creates additional exceptions from the protection of exclusive approval, certification, or license for drugs for rare diseases for drugs which qualified for protection because the disease or condition for which they are used affected less than a specified number of persons, but which have ceased to so qualify. Provides for the approval, certification, or license of a drug with the same active ingredient as an orphan drug when the orphan drug has cumulative sales over a specified amount. Provides for the termination of orphan drug status for drugs having cumulative sales over a certain amount, provided the costs of developing the drug in the United States are not over the same amount. Amends the Public Health Service Act to replace provisions establishing the Orphan Products Board with provisions establishing the Office for Orphan Diseases and Conditions. Includes in the functions of the Office dealing with drugs, devices, and medical foods (currently, the Board deals with drugs and devices). Establishes an advisory committee within the Office. Amends the FDCA to authorize appropriations for grants and contracts for development of drugs for rare diseases and conditions.
United States · United States Congress · 9 April 1992
Domestic Violence Identification and Treatment Act - Prohibits grants to or cooperative agreements or contracts with a health professions school, or individuals at such a school, unless the school requires training in identifying victims of domestic violence and in providing treatment for medical conditions arising from such violence.
United States · United States Congress · 9 April 1992
Sunset Act of 1992 - Title I: Reauthorization of Government Programs - Requires each Government program to be reauthorized at least once during each sunset reauthorization cycle. (Sunset reauthorization cycle means the five-year period beginning on the first day of session of the 103d Congress, and each five-year period thereafter.) Sets forth the procedure in the House of Representatives and the Senate for the consideration of any legislation which authorizes new budget authority. Exempts from the requirements of this Act specified items, such as interest on Federal debts, health care services, general retirement and disability payments, litigation activities which have as their objectives the protection and implementation of civil rights guaranteed by the Constitution, and specified retirement pay and benefits. Title II: Program Inventory - Directs the Comptroller General and the Director of the Congressional Budget Office, in cooperation with the Director of the Congressional Research Service, to prepare an inventory of Federal programs. Declares that the purpose of such program inventory is to advise and assist the Congress in carrying out reauthorization and reexamination requirements and to link such reauthorization and review process with the budget process. Requires the Comptroller General to submit such program inventory to each House of Congress no later than January 1, 1993. Directs the congressional committees, the Congressional Budget Office, and the Congressional Research Service to review the program inventory and to suggest revisions. Requires that the program inventory be revised at the end of each session of the Congress and that such revisions be reported to each House. Title III: Program Reexamination - Requires each committee of the Senate and the House of Representatives to reexamine selected programs or groups of programs over which it has jurisdiction. Sets forth procedures for such review and criteria for selection of program areas for evaluation. Title IV: Tax Expenditures - Requires the Director of the Congressional Budget Office, after consultation with the Joint Committee on Taxation of the Congress, to prepare an inventory of tax expenditure provisions and to submit a report on such inventory to the Committee on Ways and Means of the House and the Senate Finance Committee by July 1, 1993. Directs the House Committee on Ways and Means and the Senate Committee on Finance to prepare a reauthorization schedule for all tax provisions similar to the schedule set out for Federal programs in title I of this Act. Requires the Congress to take final action on the reauthorization schedule for tax provisions before the end of the 103d Congress. Title V: Miscellaneous - Sets forth miscellaneous provisions to carry out the purposes of this Act. Directs the President, with the cooperation of the head of each appropriate agency, to submit to the Congress a Regulatory Duplication and Conflicts Report for all programs scheduled for reauthorization in the next Congress. Requires specified congressional committees to report on a review of the procedures established under this Act by December 31, 1998, and every five years thereafter. Authorizes appropriations through FY 2002.
United States · United States Congress · 9 April 1992
Designates September 16, 1992, as National Occupational Therapy Day.
United States · United States Congress · 9 April 1992
Designates September 1992 as National Spina Bifida Awareness Month.
United States · United States Congress · 9 April 1992
Comprehensive Congressional Reform Resolution - Title I: Establishment of a Chief Financial Officer for the House of Representatives and the Elimination or Reduction of Patronage Positions - Amends rule II of the Rules of the House of Representatives to eliminate the election of a Doorkeeper or Postmaster in the House. Requires the individual chosen for election as the Sergeant-at-Arms to be a nationally-respected law enforcement professional. Amends rules III and IV to revise the duties of the Clerk of the House and the Sergeant-at-Arms. Amends rules V and VI to: (1) eliminate the positions of Doorkeeper and Postmaster; and (2) create a position of Chief Financial Officer. Sets forth qualifications for the elected Chief Financial Officer. Outlines his or her duties. Prohibits the Chief Financial Officer from disclosing the identity of a complaining employee without the employee's consent unless such disclosure is unavoidable. Makes it a violation of rule LI for an employing authority to intimidate or take any reprisal against, an employee of the House because of a complaint made by the employee. Transfers the duties of the Postmaster of the House to the Chief Financial Officer. Amends rule XIV to eliminate the duties of the Doorkeeper with respect to decorum and debate in the House. Amends rule XI to require each committee, by March 1 of the first session of any Congress, to adopt an oversight plan for that Congress and to submit it to the Committee on House Administration. Prohibits the consideration in the House of a primary expense resolution for a committee unless and until such committee has adopted and submitted the plan. Requires the Committee on House Administration to report such plan to the House. Authorizes the Speaker to appoint ad hoc oversight committees for specific tasks from the membership of committees with shared legislative jurisdictions. Requires each committee to include an oversight section in its final activity report at the end of a Congress. Amends rule X to establish a bipartisan Subcommittee on House Administrative Oversight of the Committee on House Administration. Requires one-half of the subcommittee's members to be from the majority party and named by the chairman of the Committee on House Administration and the other half to be from the minority party and named by the ranking minority party member of such committee. Authorizes the chairman or ranking minority party member of the committee to issue subpoenas. Requires the subcommittee to meet only at the call of its chairman and ranking minority party member. Prohibits the subcommittee from taking testimony under oath unless at least one member of the majority and minority party are present. Requires the membership of the Subcommittee on Legislative Appropriations of the Committee on Appropriations to be divided equally between the majority and minority parties. Divides the staff positions for the subcommittee in the same manner. Directs the Speaker to appoint a task force to: (1) recommend institutional reforms necessary to restore public confidence in the House; and (2) report on its recommendations to the House by the end of the 102d Congress. Requires the written approval of the Speaker and the minority leader of the House before funds may be reprogrammed or transferred between House appropriation accounts. Makes it out of order to consider any measure in the House, in the second session of the 102d Congress, containing an appropriation for any period after March 31, 1993. Title II: Establishment of the Office of the General Counsel - Establishes the Office of the General Counsel (Office) in the House to: (1) be accountable to a specified Leadership Group; and (2) provide legal assistance to Members, officers, and employees of the House on matters directly related to their duties, with specified exceptions. Lists certain actions of the Office that must be approved either by a resolution of the House or the Leadership Group. Requires such Office, in the case of any matter that affects an area of responsibility committed to another office, officer, or employee under this Act, to consult the party involved and coordinate such action with them. Vests management, supervision, and administration of the Office in the General Counsel to be appointed by the Speaker, upon the recommendation of the majority and minority leaders of the House, acting jointly, without regard for political affiliation and solely on the basis of fitness to perform the duties of the position. Requires the General Counsel to serve at the pleasure of the Leadership Group. Authorizes the General Counsel to make appropriate expenditures for the functioning of the Office. Requires the attorneys and professional staff in the Office to maintain regular, written records of the time expended on legal matters, consistent with generally accepted practices in private law firms. Makes such time records reviewable by the Leadership Group. Prohibits public disclosure of them unless by direction of the Leadership Group or resolution of the House. Title III: Establishment of the Office of Congressional Inspector General - Creates the Congressional Office of Inspector General (Office), independent of the executive departments and under the control and direction of the Speaker and minority leader of the House of Representatives. Sets forth the functions of the Office. Makes an Inspector General (Inspector), to be appointed by the Speaker and minority leader, head of the Office for a seven-year term, unless removed by the Speaker and minority leader for cause. Makes the Inspector ineligible for reappointment. Requires the Inspector to appoint: (1) an Assistant Inspector General for Auditing to supervise the auditing of the office procedures and operations of each Member or committee of the House and any other House office whose employees are paid by the Clerk; and (2) an Assistant Inspector General for Investigations to supervise investigations of such office procedures and operations. Sets forth the duties and responsibilities of the Inspector. Requires each Inspector General to report annually to the Speaker and minority leader of the House. Authorizes the Inspector to receive and investigate complaints or information from a House employee concerning the possible existence of a violation of law or the Rules of the House, mismanagement, gross waste of funds, abuse of authority, or a substantial and specific danger to the public health and safety. Prohibits the Inspector, upon receiving the complaint or information, from disclosing the complainant's identity without the employee's consent, unless such disclosure is unavoidable during the course of the investigation. Prohibits any employee who has authority to take, directs others to take, or recommends or approves any personnel action, from taking action against an employee as reprisal for making a complaint or disclosing information to an Inspector, unless the complaint was false and the complainant knew this or willfully disregarded truth or falsity. Title IV: Amendments to the Rules of the House of Representatives - Amends rule I of the Rules of the House of Representatives to require the Speaker to announce a specified legislative program at the beginning of each session of the Congress. Requires the Speaker to ensure that the minority leader is fully consulted in developing the legislative program for the House each week. Amends rule X to require each standing committee of the House, by March 1 in the first session of a Congress, in a meeting open to the public and with a quorum present, to adopt and submit to the Committee on House Administration its oversight plans for that Congress. Prohibits the consideration of any committee expense resolution, or any amendment to it, if that committee has not submitted its oversight plans. Directs the Committee on House Administration to report the oversight plan submitted by each committee to the House. Authorizes the Speaker, with the approval of the House, to appoint special ad hoc oversight committees to review specific matters within the jurisdiction of two or more standing committees. Amends rule XI to require each committee to report, by January 2 of each odd-numbered year, on activities of that committee under this rule and rule X during the Congress ending on January 3 of such year. Amends rule X to require the Speaker to refer legislation initially to one committee as the committee of principal jurisdiction (currently, such legislation may initially be referred simultaneously to two or more committees for concurrent consideration). Requires that the House standing committees be elected by the House within 11 legislative days (currently, seven calendar days) after the commencement of each Congress. Directs the committees to hold their organizational meetings within three legislative days after their election. Requires the membership of each committee (except the Committee on Standards of Official Conduct), subcommittee, task force, or other subunit, to reflect the ratio of majority to minority party Members of the House at the beginning of the Congress. Exempts the Resident Commissioner from Puerto Rico and the Delegates to the House from the count in determining such party ratio. Requires the membership of each select committee, subcommittee, task force, subunit, or conference committee to reflect the ratio of the majority to minority party Members of the House at the time of its appointment. Prohibits any standing committee of the House (except the Committee on Appropriations) from establishing more than six subcommittees. Prevents any member from serving on more than four House subcommittees at any one time. Amends rule XI to repeal the general permission, subject to certain conditions, for proxy voting by a member of any committee or subcommittee with respect to any measure or matter. Allows committees and subcommittees to close their meetings in circumstances where disclosure of matters to be considered would: (1) endanger national security; (2) tend to defame, degrade, or incriminate any person; (3) violate any law or rule of the House; or (4) involve committee personnel matters. Provides that a majority of the members of each committee or subcommittee shall constitute a quorum for the transaction of any business, including the markup of legislation (currently, all committees but the Committees on Appropriations, Budget, and Ways and Means are permitted to fix the number establishing a quorum). Requires the names of those Members voting for and against any motion to report a public bill or resolution to be included in the committee report of such measure (currently, only the number of votes cast for or against reporting such measure is included). Requires the names of those members of the committees actually present at the time the bill or resolution is ordered reported to be included in the committee report relating to each nonrecord vote on a motion to report such public bill or resolution. Requires that a committee or subcommittee print, document, or other material, except under certain circumstances, prepared for public distribution, shall either: (1) be approved by the committee or subcommittee prior to such public distribution, with opportunity afforded for the inclusion of supplemental, minority, or additional views; or (2) contain a specified disclaimer on its cover. Prohibits any such print, document, or other material not approved by the committee or subcommittee from including the names of its members, other than the name of the chairman releasing such document. Lists material excepted from such requirements. Prohibits a measure reported from the Committee on Rules from being considered on the same calendar day it is presented to the House, nor on the subsequent calendar day of the same legislative day, except in certain circumstances. (Currently it can not be considered on the same day.) Prohibits the Committee on Rules from reporting any rule or order that would prevent a motion to recommit that has amendatory instructions (except in the case of a Senate measure for which the language of a House passed measure has been substituted). Prohibits the consideration of any rule providing for the consideration of a bill or resolution otherwise subject to amendment under House rules if such resolution limits the right of Members to offer germane amendments to such measure, unless the chairman of the Rules Committee has announced, within a specified period of time, that less than an open amendment process might be recommended by the Committee for the consideration of such measure. Makes it out of order to consider any order of business resolution which provides that, upon adoption, the House shall be considered to have automatically adopted a motion, amendment, or resolution, or to have passed a bill, joint resolution, or conference report, unless consideration of such resolution is agreed to by at least two-thirds of the Members voting. Requires any report accompanying a resolution for consideration of a budget waiver measure to include: (1) an explanation and justification for the waiver; (2) an estimated cost of the provisions to which the waiver applies; and (3) a summary or text of any written comments on the waiver received by the committee from the Committee on the Budget. Sets forth procedures for the consideration of such resolution. Prohibits the consideration of a resolution that waives all House rules, except by a two-thirds vote of the Members voting. Makes it out of order to consider any primary expense resolution unless the Committee on House Administration has reported and the House has adopted a resolution establishing an overall ceiling for House committee staff personnel for that year. Makes such a resolution privileged. Establishes guidelines for developing and considering primary and supplemental expense resolutions. Provides that the overall ceiling for committee staff in a resolution reported by the committee or contained in any amendment for the 103d Congress shall not exceed 90 percent of the total committee staff personnel employed at the end of the 102d Congress. Amends rule XIII of the Rules of the House of Representatives to establish a Commemorative Calendar comprised of unreported bills and resolutions respecting commemorative holidays and celebrations that have been: (1) referred to the Committee on Post Office and Civil Service; and (2) requested by the chairman and ranking minority member of such committee to be placed on such calendar. Outlines procedures for the consideration of such measures. Amends rules XV of the Rules of the House of Representatives to provide for an automatic roll call vote when the Speaker puts the question upon final passage of: (1) any bill, joint resolution, or conference report making general appropriations, providing revenue, or adjusting the statutory congressional pay rate; or (2) any budgetary concurrent resolution or conference report that provides an increase in the statutory debt limit. Amends rule XXI of the Rules of the House of Representatives to repeal the declaration that no amendment shall be in order during consideration of a general appropriation bill if it proposes a limitation not specifically contained or authorized in existing law for the period of such limitations. Defines a "general appropriation bill" to include any bill or joint resolution making continuing appropriations in a fiscal year for a period in excess of 30 days. Describes the contents of such bill. Reserves all points of order against any general appropriation bill at the time it is reported. Prohibits the consideration of any bill or joint resolution making appropriations for a period of 30 days or less unless it only provides appropriations in the lesser amount and under the more restrictive authority of the pertinent appropriations measures: (1) as passed by the House; (2) as passed by the Senate; (3) as agreed to by a committee of conference; or (4) as enacted for the preceding fiscal year. Requires a report from the Committee on Appropriations accompanying any appropriation bill to list all appropriations contained in the bill for any expenditure not previously authorized by law. Requires a three-fifths vote of the Members of the whole House to consider any rule or order from the Rules Committee that waives certain rules governing consideration of any short- or long-term continuing appropriations measures. Amends rule XXI to establish certain guidelines for reporting and considering reconciliation measures in the House. Exempts Senate amendments and conference reports from such guidelines. Reserves all points of order against a reconciliation bill at the time it is reported. Prohibits the consideration in the House of any bill or joint resolution which directly or indirectly authorizes enactment of new budget authority for a fiscal year unless such measure is reported in the House on or before May 15 preceding the beginning of such fiscal year. Amends rule XXIV of the rules of the House of Representatives to revise the daily order of business for the House to include the pledge of allegiance to the flag. Amends rule XXVII to establish additional criteria for entertaining motions to suspend the rules and pass a measure in the House. Requires the Clerk of the House, after 100 members have signed a motion to discharge a committee from the consideration of a measure, to: (1) cause the name of each Member who has signed or withdrawn a signature to such motion to be printed in the Congressional Record; and (2) publish an updated list in the Record at the end of each succeeding week the House is in session. Requires three-fifths (currently, a majority) of the total membership of the House to sign such motion before it can be: (1) entered on the Journal; (2) printed with the signatures in the Congressional Record; and (3) referred to the Calendar of Motions to Discharge Committees. Amends rule XXVIII to require inclusion of supplemental, minority, or additional views of a House conferee in the same published volume of the conference committee's report, if specified conditions are met. Amends rule XLVIII to require a specified oath to be administered to: (1) a newly appointed Member of the Permanent Select Committee on Intelligence; (2) each committee's employee; and (3) any person engaged by contract or to perform services for or at the request of the committee who is required to subscribe to the agreement in writing. Requires the Clerk of the House to provide for the printing of such oaths for: (1) filing in the records of the House; and (2) recording in the House Journal and in the Congressional Record. Directs the Committee on Standards of Official Conduct to investigate and report to the House on any violation of such oath. Authorizes the Permanent Select Committee on Intelligence to refer cases of unauthorized disclosure and violations of the required oaths to such committee for investigation. Authorizes the committee by a majority vote to deny a member access to classified information if he or she is subject to a pending investigation. Directs the House Committees on Rules and on Government Operations by a certain date to report legislation granting the President enhanced rescission authority with respect to any budget authority not authorized by law. Sets forth procedures for considering such legislation if it is not reported out of such committees by the stated deadline. Directs the Committee on Rules to study and report to the House on the feasibility of converting to a biennial budget-appropriations process and corresponding multiyear authorizations. Declares that it is the policy of the House of Representatives that the following Federal laws should be amended to apply them to the House in the same or similar manner as they apply to the Executive Branch: (1) the National Labor Relations Act; (2) the Occupational Safety and Health Act of 1970; (3) the Equal Pay Act of 1963; (4) the Age Discrimination in Employment Act of 1967; (5) the Freedom of Information Act; (6) the Privacy Act of 1974; (7) Title VII of the Civil Rights Act of 1964; and (8) specified provisions of the Federal judicial code relating to an independent counsel. Directs the standing committees of the House with subject jurisdiction over such Federal laws to report legislation to the House to implement such policy. Provides for consideration of such legislation. Requires the ratio of majority party to minority party staff positions, consultants, details, and funding for House committees to be the same ratio as that of Members of the House. Eliminates the following Select Committees in the House: (1) Aging; (2) Hunger; (3) Children, Youth, and Families; and (4) Narcotics Abuse and Control. Transfers the records, files, and materials of such select committees to the Clerk of the House. Applies the Freedom of Information Act to the Congress. Exempts information related to casework or constituent correspondence from such Act with respect to Members of the Congress. Provides that the period for which expenses of the former Speakers of the House may be paid shall end three years after the expiration date of such term of office, except that in the case of a former Speaker who is receiving such expenses on the date of the enactment of this Act, the period shall end three years after such date. Amends Federal law to prohibit a Member of the House from sending any franked mass mailing outside the Member's congressional district. Authorizes a Member of Congress to mail franked mail with a simplified form of address for delivery within his or her congressional district only. (Current law permits such mailings throughout the Member's State). Prohibits the Committee on House Administration from approving any payment for, and a Member from making any expenditure from, any allowance of the House or any other official funds if any portion is for any cost related to a mass mailing by a Member of the House outside his or her congressional district. Amends the Federal Salary Act of 1967 to make it out of order to consider any bill or resolution that would adjust, or have the effect of adjusting, the salaries of Members of Congress if such measure contains any item which does not relate to adjusting Members' salaries. Prohibits consideration of any measure in the House appropriating amounts for the legislative branch of the Government if it permits such amount to remain available for obligation beyond the end of the fiscal year for which the amount is appropriated. Requires at least one attorney in the Office of the Parliamentarian in the House to be appointed upon the recommendation of the minority leader. Declares it the policy of the House of Representatives that it is inappropriate for Members of the House to have access to such items as meals, banking services, medicine, ambulance service, haircuts, and athletic facilities at costs lower than that charged to the public. Requires the Chief Financial Officer to determine the market rate of such services and to report such costs to the Speaker, minority leader, and the chairman and ranking minority party of the Committee on House Administration with recommendations for eliminating the services or continuing them at market rate prices. Directs the chairman to report a resolution that adopts the market rate of the services or proposes their elimination. Sets forth procedures for consideration of legislation that implements such policy or enacts the report of the Chief Financial Officer if such measure is not reported by the Committee on House Administration within 30 days of receiving such report. Amends rule XI to prohibit the expenditure of appropriated funds to defray expenses of committee members or employees incurred while traveling outside of the United States, its territories, or possessions, unless a committee resolution has been approved that authorizes such travel and sets forth certain requirements.
United States · United States Congress · 8 April 1992
United Mine Workers of America Retiree Health Benefit Act of 1992 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code (IRC) to assure provision of health care to retired members of the United Mine Workers of America (UMWA) Union and their family dependents who receive health care benefits from the UMWA 1950 or 1974 Benefit Plans. Amends the IRC to provide for transfer of excess pension plan assets with respect to the 1950 Pension Plan, 1950 Benefit Plan, and 1974 Benefit Plan established by the UMWA and the Bituminous Coal Operators' Association, Inc. (BCOA). Amends ERISA (as amended by the Multiemployer Pension Plan Amendment Act of 1980) to provide for withdrawal from UMWA Benefit Plans. Establishes complete or partial withdrawal liability, with respect to coal industry health benefit plans for any employer which: (1) produced or processed more than 300,000 tons of coal during the term of the 1988 National Bituminous Coal Wage Agreement; and (2) is signatory to such Agreement or to a labor agreement entered subsequent to enactment of this Act which requires contributions to the UMWA 1950 or 1974 Benefit Plans or a continuation thereof. Sets forth requirements relating to: (1) determination and collection of such liability; (2) notification of employers; (3) complete withdrawals; (4) determinations of whether a sale of assets results in liability; (5) partial withdrawals; (6) adjustments for partial withdrawals; (7) method for computing withdrawal liability; (8) obligation to contribute; (9) special rules; (10) changes in business form or suspensions of contributions during a labor dispute not to be considered as withdrawals; (11) notice and collection of withdrawal liability; (12) resolution of disputes between an employer and a plan administrator; and (13) guarantee of funding, by the plan settlors (UMWA and BCOA) establishing a contribution rate payable to the plan by each employer. Directs the Secretary of Health and Human Services to establish an advisory committee of health care services provision experts to advise on appropriate changes in plan design and other policies and procedures to enhance cost-effective delivery of services to beneficiaries of the UMWA 1950 and 1974 Benefit Plans. Directs the Secretary to develop and promulgate rules binding on those Plans, which include establishment of a managed care network by allowing a point of service decision as to whether a network medical provider will be used. Requires any such managed care or cost containment program to have as a primary goal provision of quality medical care at or below medical price inflation. Sets forth major elements of such rules. Allows any beneficiary or affected party to petition the Secretary to amend or modify any such rule, or engage in further rulemaking (at the Secretary's discretion). Requires written approval by the Secretary before any action or change relating to the plan that would conflict with such rules may become effective, even if it is jointly agreed to by the settlors of the UMWA 1950 or 1974 Benefit Plans and trusts.
United States · United States Congress · 8 April 1992
Designates the week beginning July 26, 1992, as Lyme Disease Awareness Week.
United States · United States Congress · 8 April 1992
Designates October 24 through November 1, 1992, as National Red Ribbon Week for a Drug Free America. Recognize the hard work and dedication of those involved in combatting substance abuse.
United States · United States Congress · 7 April 1992
Rural Health Care Improvement Act of 1992 - Amends the Public Health Service Act to establish a program of grants for residency or service by primary care or general practice physicians in rural medically underserved areas. Authorizes appropriations. Amends title XVIII (Medicare) of the Social Security Act to phase out incentive payments for physicians' services furnished in areas previously designated as health professional shortage areas which no longer meet the requirements to be so designated. Requires that any individual receiving assistance under any Federal educational loan program who enters a medical residency program and provides primary care in a rural area receive a deferment on loan repayment until completion of the residency. Amends the Internal Revenue Code to allow a tax deduction for interest on educational loans under certain provisions of the Social Security Act which accrues while a physician is serving in a health professional shortage area. Amends the Social Security Act to extend the termination date of provisions regulating Medicare payments to small, rural, Medicare-dependent hospitals. Modifies requirements for qualifying as such a hospital during the extended period.
United States · United States Congress · 7 April 1992
Trauma Care Center Alien Compensation Act of 1992 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to make an allotment each year for each eligible trauma center to compensate, partially or fully, for unreimbursed costs of care to undocumented aliens. Authorizes appropriations.
United States · United States Congress · 7 April 1992
Entitles the Department of Veterans Affairs to recover the reasonable cost of care or services provided to a veteran for a non-service-connected disability from another Federal department or agency to the extent that such veteran would have been eligible to receive payment for such care or services from such department or agency. Requires the amount recovered to be reduced by any required deductible or copayment. Subrogates the Department to any right or claim that the veteran may have against another department or agency in the receipt of such payment. Directs the Secretary to prescribe regulations to determine the reasonable cost of care and services so provided. Directs the Comptroller General to report to the Senate and House Veterans' Affairs Committees on comments and recommendations with respect to such regulations. Provides that a veteran eligible through the Department for such care or services may not be denied such care or services or be required to make any copayment or deductible in order to receive such care. Directs that amounts recovered shall be credited to the current operating account of the Department facility that provided such care or services. Prohibits any amounts so credited from being offset by reductions in amounts otherwise available to such facility or in the total amount of funds made available to the Department for health care and medical services. Directs the Secretary of Health and Human Services to provide for enrollment under part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act at any time (without regard to special enrollment periods) in the case of any veteran over age 65 who is entitled to benefits under part A (Hospital Insurance) of such title.
United States · United States Congress · 7 April 1992
Designates the week beginning March 21, 1993, as National Endometriosis Awareness Week.
United States · United States Congress · 3 April 1992
Establishes the congressional budget for FY 1993 and sets forth appropriate budgetary levels for FY 1994 through 1997. Sets forth recommended budgetary levels of Federal revenues, new budget authority, budget outlays, deficits, public debt, and credit activity. Sets forth the amounts of increase in the public debt subject to limitation, the balances of the Federal retirement trust funds, and revenues and outlays of the Social Security trust funds for FY 1993 through 1997. Specifies the funding of major functional categories. Expresses the sense of the Congress that: (1) the Government should sell assets to nongovernment buyers; and (2) amounts realized from such sales will not recur on an annual basis and do not reduce the demand for credit. Allows budget authority and outlay allocations for legislation that increases funding for certain purposes when legislation has been reported that will, if enacted, reduce other funding by an equal or excess amount. Describes such purposes as funding: (1) to improve the health and nutrition of children and to provide for services to protect children and strengthen families; (2) for economic growth initiatives for unemployment compensation and related programs; (3) to make continuing improvements in ongoing health care programs or to begin phasing-in health insurance coverage for all Americans; and (4) to improve educational opportunities for individuals at the early childhood, elementary, secondary, or higher education levels, or to invest in America's children. Requires in the Senate an affirmative vote of three-fifths of the Members to: (1) waive or suspend the maximum deficit amount point of order of the Congressional Budget Act of 1974; or (2) sustain an appeal of the ruling of the Chair on a point of order raised under such maximum deficit amount point of order. Expresses the sense of the Congress that the Committees on the Budget be required to use the Congressional Budget Office or Office of Management and Budget set of economic forecasts with the lower real gross domestic product growth forecast for FY 1993 and future budget years.
United States · United States Congress · 3 April 1992
Fertility Clinic Success Rate and Certification Act of 1992 - Requires each assisted reproductive technology program to annually report: (1) pregnancy success rates; and (2) each embryo laboratory used by the program and whether such laboratory is certified under this Act. Mandates the development of a model program for the certification of embryo laboratories to be carried out by the States. Requires the program to include standards regarding: (1) consistent performance; (2) quality assurance; (3) maintenance of records on laboratory tests, personnel, and facilities; and (4) the use of such personnel. Authorizes a State with a certification program to use accreditation organizations to certify and inspect laboratories. Requires State and authorizes Federal inspections. Directs the Secretary of Health and Human Services, through the Centers for Disease Control, to promulgate criteria and procedures for approval of accreditation organizations. Allows an approved organization to certify embryo laboratories in States which have not adopted a certification program. Mandates annual publication of: (1) pregnancy success rates; (2) the identity of each embryo laboratory in States with a certification program and whether such laboratory is certified; and (3) the identity of each certified laboratory in a State without a certification program.
United States · United States Congress · 3 April 1992
Servicemembers' Civil Relief Act - Amends the Soldiers' and Sailors' Civil Relief Act of 1940 to rename such Act as the Servicemembers' Civil Relief Act and to revise provisions with respect to certain protections and rights afforded to servicemembers while on active-duty assignment. Defines "servicemember" for purposes of eligibility for such protections and rights, as members of the Army, Navy, Marine Corps, Air Force, Coast Guard, the commissioned corps of the Public Health Service and the National Oceanic and Atmospheric Administration, while on active service, and the reserves and National Guard while on active service. Defines the term "dependent" for purposes of collateral eligibility for protections under this Act. Defines the term "material effect" with respect to the effect of a servicemember's military service on civil liabilities. Authorizes a servicemember to waive any of the rights and protections afforded under the Act. Requires certain waivers to be made pursuant to a written agreement in order to be effective (waivers that would permit the modification, termination, cancellation, repossession, sale, foreclosure, or forfeiture of property that was the subject of a legal instrument). Provides that an application by a servicemember in military service for a stay, postponement, or suspension of the payment of any tax, fine, penalty, insurance premium, or other civil obligation or liability shall not provide the basis for denial or revocation of, or a change in, credit by creditors, a presumption that such individual cannot pay his or her obligation or liability, an adverse credit report, or a refusal of an insurer to insure such individual. Treats a preexisting business debt or obligation of a servicemember ordered to active duty as an obligation of the servicemember for purposes of the Act. Defines the legal representative of a servicemember for purposes of the Act. Requires a court, in an action in which the defendant is in military service, to grant a minimum 90-day stay of proceedings upon application of counsel or court motion if the court determines that: (1) there may be a defense to the action that the defendant cannot present unless present at the action; or (2) after due diligence, counsel has been unable to contact the defendant or otherwise determine if a meritorious defense exists. Protects bona fide purchasers under a default judgment if such judgment is set aside on behalf of a servicemember. Provides for a minimum 90-day stay of proceedings at any stage before final judgment in a civil action for a servicemember who is serving on active duty or is within 90 days after termination of such duty and has received notice of such proceedings, upon appropriate application by the servicemember or his or her commanding officer. Provides for application for an additional stay based on continuing material effect of military duty on the servicemember's ability to appear. Requires the court to appoint counsel for the servicemember when such application for additional stay is refused. Provides that an application for stay does not constitute a waiver of any substantive or procedural defense. Authorizes a court to stay a judgment or order against a servicemember or vacate or stay an attachment when a servicemember is materially affected due to military service in complying with such order. Authorizes such stay actions for the period of military service and 30 (currently, 60) days after. Provides that the statute of limitations will apply to a servicemember for filing of claims against the United States, unless: (1) the cause of action accrues in time of war or period of service outside the United States, or such circumstances arise within two years after the cause of actions accrues, and if material effect is shown; and (2) the claim is filed within the applicable statute period or two years after the war or period of service outside the United States is terminated, whichever is later. Forgives the payment of interest in excess of six percent a year on obligations or liabilities by a servicemember while in service. Requires a servicemember, in order to be protected by the six percent cap, to provide creditors with written notice and a copy of his or her service orders, as well as any orders for service extension, within 180 days after termination or release from such service. Allows the court to grant a creditor relief from the six percent limit if the ability of the servicemember to pay interest in excess of the cap is not materially affected by reason of military service. Prohibits an eviction or distress from being made against a service member or his or her dependents during a period of military service with respect to a premise for which the agreed rent does not exceed $1,200 (currently, $150) per month or a monthly basic allowance for quarters rate, whichever is greater, except by court order. Allows an eviction or distress proceeding to be stayed for more than 90 days if, in the court's opinion, justice and equity require a different period. Allows a court to adjust the obligation under the lease in order to preserve the interests of all parties. Allows a court, when a servicemember has paid installments on an installment contract before entering military service, to order repayment to the servicemember of all or part of such paid installments as a condition to terminating the contract. Extends such protection to contracts for leases of property (currently, only to purchases). Authorizes the court to stay proceedings or adjust party obligations in the case of claims filed to enforce mortgage or trust deed payments for up to 90 days after a servicemember's period of military service (currently, for the service period only). Extends lease termination provisions (provisions allowing persons in military service a more expedient notice and termination process due to such service) to servicemembers executing a lease and thereafter receiving orders for a permanent change of station or to deploy with a military unit for at least 90 days. Entitles a dependent of a servicemember, upon application to a court, to protections of the Act concerning rent, installment contracts, mortgages, leases, and life insurance policies if the dependent's ability to comply with a lease, contract, bailment, or other obligation is materially affected by reason of the servicemember's military service. Increases the total amount of life insurance coverage protection provided by title IV of the Act to $120,000, or an amount equal to the Servicemen's Group Life Insurance (SGLI) maximum limit, whichever is greater. (Currently, the limit is $10,000.) States that findings of fact and conclusions of law made by the Secretary of Veterans Affairs with respect to the guaranteed insurance provisions of title IV of the Act may be reviewed by the Board of Veterans Appeals and the U.S. Court of Veterans Appeals. (Currently, such findings and conclusions are not reviewable by any other official or agency of the Government.) Protects former servicemembers from certain land entry and mining claim requirements during their period of rehabilitation from injury or illness incurred during military service. Extends for up to 60 days after the beginning of an assessment year the period during which a claimant is permitted to file a notice communicating the claimant's military service and the desire to hold the mining claim during such service. Directs the Secretary of the military department concerned (currently, the Secretary of the Interior) to issue to servicemembers information and applicable forms with respect to protections afforded under the Act during military service. Entitles all servicemembers (currently, only those under age 21) to full protection of laws relating to lands owned or controlled by the United States, including mining and mineral leasing laws. Prohibits a tax jurisdiction (a State or political subdivision) from using the military compensation of a non-resident servicemember to increase the tax liability imposed on other income earned by such servicemember or his or her spouse. Treats Indian servicemembers whose legal residence or domicile is a Federal Indian reservation as taxable under the laws applicable to such reservation as opposed to the State in which the reservation is located. Extends certain power-of-attorney protections authorized under the Act to include a power of attorney that expires by its terms after July 31, 1990 (currently, such protections extend only to power of attorney executed during the Vietnam era). Suspends a professional liability insurance policy period (thereby not requiring insurance coverage payments to be made) for the period of active military service in the case of a person providing professional services under a professional liability insurance contract who entered into active duty after July 31, 1990. Prohibits the insurance carrier from requiring payments to be made during the period of such suspended coverage, but makes such carrier not liable with respect to any claim that is based on professional conduct of a servicemember that occurs during a period of suspended coverage. Requires any professional liability insurance so suspended on account of active duty service to be automatically reinstated by the insurance carrier on the date requested by the servicemember, as long as the servicemember makes such request within 30 days after being released from active duty. Requires the "new" insurance period to be no less than the period which would have been in effect had the insurance coverage not been suspended. Prohibits the insurance carrier from increasing the premium to be charged for such professional liability insurance, except for general increases applicable to all such insurance contracts. Provides for the stay of an action for damages against a servicemember whose coverage has been suspended for the period of such suspension, under certain conditions. Provides for the: (1) computation of an appropriate statute of limitations with respect to an action which could have been brought except for the suspension of coverage and the staying of an action during such suspension; and (2) effect of a servicemember's death on such professional liability insurance coverage, its suspension, and any actions brought or stayed with respect to such servicemember before, during, or after the period of suspended coverage. Provides that a servicemember entitled to the rights and protections of the Act shall also be entitled, upon termination or release from military service, to reinstatement of any health insurance that: (1) was in effect when the servicemember was ordered to report for active service; and (2) was terminated during the period of service. Prohibits any exclusions or waiting periods from being imposed upon such a returning servicemember for such health insurance if: (1) the condition that is the basis for such exclusion or waiting period arose before or during the servicemember's training or military service; (2) such exclusion or waiting period would not be imposed for the condition during the period of coverage; and (3) such condition is not determined by the Secretary of Veterans Affairs to be a disability incurred or aggravated in the line of duty.
United States · United States Congress · 3 April 1992
Declares that it is the sense of the Congress that access to health care is a fundamental right of every person in the United States.
United States · United States Congress · 2 April 1992
American Health Security Plan - Title I: Eligibility and Enrollment - Entitles every U.S. resident citizen, national, and lawful resident alien to health care services and long-term care services under this Act. Requires each State program to provide for a mechanism for enrollment and issuance of an identification and processing card. Provides for portability. Title II: Benefits - Subtitle A: Health Care Services - Includes as covered services: (1) inpatient and outpatient hospital care; (2) diagnostic and screening tests; (3) services furnished by health care professionals; (4) preventive care; (5) prescription drugs, biologicals, and devices; (6) substance abuse services; (7) outpatient mental health services; (8) hospice care; (9) habilitation and rehabilitation; (10) home medical equipment and prosthetic devices; and (11) approved experimental treatment. Prohibits States from limiting the amount, duration, or scope of services except as provided in this Act. Excludes cosmetic surgery and certain inpatient amenities. Requires: (1) the Federal Health Board established by this Act to provide for copayments and out-of-pocket limits; and (2) the Federal Health Priorities Council established by this Act to study whether out-of-pocket limits should take into account family size and whether cost sharing should be different for individuals who engage in practices deemed to increase the likelihood of service use. Subtitle B: Long-Term Care Services - Requires that the Board set standards for eligibility, long-term care services coverage, income protection, and case management. Requires that long-term care include at least home- and community-based services, nursing home care, hospice care, home medical equipment, and services for individuals with developmental disabilities and mental illness. Requires the Board to establish an income-related cost sharing schedule. Requires reduction of cost sharing to ensure that the income and assets of the individual using long-term care services under this Act are sufficient to: (1) cover all items needed in addition to those provided by the long-term care facility; (2) maintain the individual's primary residence; and (3) maintain the individual's independence once the individual no longer needs long-term care services. Requires, for the protection of spouses and dependents, reduction of cost sharing. Provides for the appointment of a Long-Term Care Services Assessment Commission to make recommendations annually regarding specified aspects of long-term care under this Act. Authorizes appropriations. Subtitle C: Modification of Services - Requires annual recommendations by the Priorities Council regarding changes in services under this Act. Authorizes the Board to promulgate regulations for implementing the Council's recommendations. Gives the regulations the force of law unless Congress disapproves. Title III: Federal and State Administration - Subtitle A: Federal Administration - Establishes the Federal Health Board to administer this Act and take other actions, including establishing national minimum quality standards, establishing uniform reporting requirements, and reviewing and approving interstate consortia. Requires the Board to appoint the Federal Health Advisory Council. Establishes the Federal Health Priorities Council to conduct hearings and studies and make recommendations on how health care dollars should be allocated in the context of a publicly funded national health insurance plan. Authorizes appropriations for the Board, the Advisory Council, and the Priorities Council. Subtitle B: State Administration - Provides for Board review and approval of State programs. Includes in requirements for State programs: (1) financing of services through a designated fund; (2) designation of a single nonprofit State agency to administer the program; (3) establishment of boards to negotiate with hospitals and practitioners; and (4) freedom of individuals to choose providers. Allows States to contract with fiscal intermediaries, in a process of competitive bidding, to administer the State program. Provides for waivers for States to: (1) implement alternative and innovative provider reimbursement, cost sharing, and administration; and (2) provide services through a capitation method. Allows any group of States to establish a regional consortium in lieu of State programs. Provides for congressional disapproval of the consortium agreement. Mandates grants to States or regional consortia for the establishment and initial operation of the State or regional plan. Authorizes appropriations. Title IV: Financing - Subtitle A: Health Budgets - Requires the Board to establish an annual or biennial budget for Federal and State expenditures under this Act. Requires computation of national average per capita costs, adjustments for risk groups, and adjustments for specified factors in each State. Provides for determination by the Board of the Federal and State shares of expenditures, subject to congressional disapproval. Entitles each State with an approved State program to a Federal contribution of the Federal share plus that State's total projected expenditures for services under this Act. Prohibits a State, either by intention or as an unstated consequence of budget allocations, from restricting timely access to medically necessary and appropriate services under this Act or permitting queues to form that have the potential to be life threatening. Subtitle B: Payments to Providers - Provides for State payments to hospitals and other health care and long-term care institutions for the areas of operating, capital, and health training expenses. Sets forth principles for guiding State reimbursement negotiation boards in each such area. Requires the State practitioner reimbursement negotiation board to negotiate with the State organizations representing each of the practitioner disciplines to derive a relative value scale fee schedule fulfilling specified principles. Sets forth principles for negotiating reimbursement rates for nonphysician providers. Declares payment by a State program to be payment in full. Subtitle C: Revenues - Requires the Board to develop a mechanism for determining and collecting a premium from individuals and employers. Requires the Board, subject to congressional disapproval, to collect premiums from individuals and employers according to certain requirements, including that the premiums from: (1) individuals be income-based and progressive; and (2) employers be based on each employer's ability to pay. Amends the Internal Revenue Code to define "accident or health insurance," for purposes of provisions relating to exclusions from gross income, to mean an approved State program under this Act. Removes provisions relating to amounts paid to highly compensated individuals under a discriminatory self-insured medical expense reimbursement plan. Prohibits trade or business expense deductions for employer group health plan expenses unless the plan is an approved State plan under this Act. Removes provisions: (1) limiting deductions for health insurance costs of self-employed individuals to 25 percent of those costs; and (2) terminating, on a specified date, the allowance of any deductions for such costs for self-employed individuals. Modifies definitions under provisions allowing individual medical expense deductions, including defining "medical care" to mean premiums and cost-sharing under this Act. Terminates, after 1998, the child health insurance credit. Establishes in the Treasury the Federal Health Care Trust Fund. Appropriates to the Fund premiums under this Act and additional revenues received as a result of amendments made by this subtitle. Transfers to the Fund all remaining amounts in the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. Authorizes and appropriates: (1) amounts equal to appropriations under title XIX (Medicaid) of the Social Security Act and under provisions of Federal law relating to the Civilian Health and Medical Plan of the Uniformed Services (CHAMPUS) and relating to health insurance for Federal officials and employees; (2) additional sums as required to cover administrative expenses; (3) payments to each State for the Federal share of expenditures under this Act; and (4) sums as determined by the Board to be necessary to cover contingencies. Declares that the receipts and disbursements of the Fund shall not be included in the totals of the U.S. budget and exempts them from any general budget limitation. Makes each State responsible for establishing a financing program for the implementation of the State program. Title V: Congressional Consideration - Sets forth rules, changeable as any other rule of the House of Representatives or the Senate, regarding congressional disapproval resolutions under this Act. Title VI: Private Options - Declares that this Act does not prohibit private insurance coverage supplementing the services covered under this Act. Allows private insurance coverage for services covered under this Act, subject to limitations, including: (1) prohibiting private coverage for the cost-sharing requirements for health care services and other non-long-term care services covered under this Act; (2) requiring issuers of private insurance to inform purchasers of any duplication in coverage; and (3) requiring the Comptroller General to review private insurance industry practices and make recommendations to the Congress regarding prevention of fraud and abuse in the sale of duplicative or supplemental private insurance. Declares that the purchase of any private insurance does not relieve the purchaser of the payment of premiums under this Act. Title VII: Expansion of Outcomes Research and Delivery of Services in Underserved Areas - Amends provisions of the Social Security Act relating to health care outcomes research to authorize appropriations. Authorizes appropriations to carry out provisions of the Public Health Service Act relating to the National Health Service Corps. Amends the Public Health Service Act to authorize grants to local communities for programs to finance the health-related education of residents of such communities, provided such residents agree to practice in a health-related field in that community for at least four years after graduation. Authorizes appropriations. Mandates grants to expand the availability of comprehensive primary health services in medically underserved areas. Allows community and migrant health centers in existence at enactment of this Act to use any increase in revenue resulting from the increase in the number of insured patients treated for the expansion of the amounts and types of services furnished, to serve additional patients or areas, or to promote the recruitment, training, or retention of personnel. Authorizes appropriations. Title VIII: Malpractice Reform - Requires the Board to make grants to States for the development and implementation of medical malpractice reforms meeting specified criteria. Authorizes appropriations. Title IX: Effective Dates; Terminations; Transition; Relation to ERISA - Repeals: (1) titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act; (2) provisions of the Internal Revenue Code relating to hospital insurance; (3) certain provisions of Federal law relating to the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS); and (4) specified provisions of Federal law relating to health benefits for Federal officials and employees. Requires the Board to recommend to the Congress amendment or repeal of any other Federal program inconsistent with or duplicative of the principles of this Act. Supersedes, to the extent they are inconsistent with this Act, the provisions of the Employee Retirement Income Security Act.
United States · United States Congress · 2 April 1992
Combined Stormwater and Sewer Overflow Management Strategy Act of 1992 - Authorizes the Secretary of the Army, in cooperation with the Administrator of the Environmental Protection Agency (EPA) and in consultation with local organizations, to conduct a program to assess the technologies and methodologies available to: (1) address the adverse impacts on receiving waters of discharges from combined stormwater and sanitary systems (overflows); and (2) ensure compliance with water quality standards of the Federal Water Pollution Control Act. Directs the Secretary to study conditions and problems associated with overflows, and appropriate management and engineering strategies to remedy such problems, and to complete a comprehensive overflow management plan for specified areas in Massachusetts, Louisiana, Maine, New Jersey, and New York. Outlines information to be included in each such overflow management plan, including environmental and public health impacts, technologies and methodologies available to address such impacts, and an appropriate overflow management strategy for each area. Directs the Secretary to report to the Congress within four years after enactment of this Act on assessments conducted, together with recommendations and observations. Authorizes the Secretary, as part of the overflow assessment conducted for each area, to enter into an agreement with the appropriate State or local government official to construct and monitor an overflow prevention project that uses the best available control technology. Requires such official to provide assurances that the overflow prevention project will be operated and maintained by such State or local government at a non-Federal share of 100 percent of the project's costs. Requires the Federal share of each project's construction costs to be 100 percent. Directs the Secretary to evaluate the capabilities and performance of each project under this Act for use in developing a Federal strategy for a combined stormwater and sanitary sewer system infrastructure. Authorizes appropriations. Authorizes the Secretary to develop a Federal strategy for the optimal expenditure of Federal funds for: (1) minimizing the adverse effects of overflows in the waters and aquatic ecosystems of the United States; and (2) assuring compliance with water quality standards of the Federal Water Pollution Control Act. Outlines information to be utilized in the development of such Federal strategy, including the evaluation of the capabilities and performances of each area project authorized under this Act. Requires the Secretary to report to the Congress within five years after enactment of this Act on the strategy. Authorizes appropriations. Directs the Secretary, in order to ensure coordination of the Federal strategy with results of the area overflow programs authorized under this Act, to consult with the EPA Administrator, the Administrator of the National Oceanic and Atmospheric Administration, and other appropriate Federal and non-Federal entities.
United States · United States Congress · 2 April 1992
Medicare Durable Medical Equipment Patient Protection Act of 1992 - Amends title XVIII (Medicare) of the Social Security Act (the Act) to direct the Secretary of Health and Human Services to designate no more than five regional carriers nationwide to process all claims for durable medical equipment (DME). Prohibits a supplier of a covered item from presenting, or causing to be presented, a claim for payment unless such claim is presented to the appropriate carrier (i.e., the carrier having jurisdiction over the geographic area of the residence of the patient to whom the item is furnished, with exceptions). Includes: (1) within the definition of "DME" ostomy and tracheostomy supplies, urologicals, surgical dressings, and splints, casts, and other devices used for reduction of fractures and dislocations; and (2) such supplies among "inexpensive and other routinely purchased DME" for purposes of special payment rules. Directs the Secretary to: (1) study and report to the Congress on the feasibility and desirability of basing payment amounts for covered items of DME, prosthetic devices, and orthotics and prosthetics under part B of the Medicare program on the reasonable costs of such items; and (2) establish and publish updated guidelines for carriers under part B that describe the conditions under which such items shall be considered medically effective when furnished to an elderly patient and when furnished to a disabled patient, and under which a supplier of such items may furnish a patient with an item in excess of, or more expensive than, the standard version of the item for which payment may be made under the program. Specifies that no payment of suppliers of DME may be made for any covered item furnished during a year (beginning with 1993) by any supplier unless the Secretary certifies (or has certified during the four preceding years) that the supplier meets specified certification standards. Directs the Secretary to establish and publish certification standards for suppliers, including a requirement that the supplier furnish the Secretary with the following information: (1) whether the items furnished by the supplier are purchased, warehoused, and shipped directly by the supplier or under arrangements with other suppliers; (2) the identity of subcontracting or subsidiary entities or entities with which the provider is doing business which are advertising or marketing firms directly or indirectly involved in furnishing covered items to individuals entitled to benefits under the Act; (3) a description of all items and services furnished by the supplier to individuals eligible for such benefits and to providers of services or other entities furnishing items and services for which payment may be made under the Act; and (4) a list of all States and counties in which individuals reside to whom the supplier furnishes items or services for which payment is made under Medicare or Medicaid. Authorizes the Secretary to: (1) require a supplier to pay an administrative fee (not to exceed $100) with respect to a certification or certification renewal, which shall be deposited in the Federal Supplementary Medical Insurance Trust Fund and available only for administration; and (2) waive or modify certification standards or fee payment with respect to a supplier if the Secretary determines that the majority of items furnished by the supplier are inexpensive or routinely purchased items, or that less than 25 percent of the supplier's annual gross revenues are attributable to the furnishing of covered items. Prohibits a carrier from issuing more than one provider number to a supplier of a covered item unless the issuance of multiple provider numbers is appropriate because of significant differences among the items the supplier furnishes or the geographic regions the provider serves (but permits a carrier to issue a new provider number to a supplier to replace an inactive or obsolete provider number). Provides that anti-kickback requirements under the Act shall not apply to any amount paid by an employer to a bona fide employee for employment in the provision of covered items or services (as under current law), except that any employment relationship between an employee of a nursing facility and a supplier of covered items shall not be considered a bona fide employment relationship for purposes of such provision. Directs the Secretary to develop and periodically update a list of suppliers determined to have: (1) engaged in activities which make the suppliers subject to specified civil or criminal monetary penalties; (2) furnished a substantial number of items for which payment was not made; or (3) engaged in a pattern of overutilization of items. Requires carriers to determine in advance whether payment for an item furnished by a supplier included on such list may not be made because of exclusions from coverage. Directs the Comptroller General to conduct a study of: (1) the impact of this Act on access to, and costs of, DME for Medicare beneficiaries; and (2) the types, volume, and utilization of items of DME furnished to Medicare beneficiaries residing in skilled nursing and intermediate care facilities. Sets forth reporting requirements.
United States · United States Congress · 2 April 1992
Amends title XVIII (Medicare) of the Social Security Act to extend through March 31, 1994 (currently, 1993) special payments under part A of Medicare for the operating costs of inpatient services of small, rural Medicare-dependent hospitals.
United States · United States Congress · 1 April 1992
Directs the Secretary of Energy to develop, issue, and commence implementation of a plan for the restructuring of the employee work force of Department of Energy (DOE) nuclear facilities. Outlines plan requirements, including: (1) that any changes in functions or missions at such facilities be carried out so as to minimize the economic impact of such changes on such DOE employees, with prior notice of such changes at least 120 days before they take place, retraining, early retirement and attrition, and other similar means of minimization; (2) first preference for terminated DOE defense facility employees in any DOE hiring; (3) retraining of such employees for work in environmental restoration and waste management activities of DOE; (4) relocation assistance for appropriate employees; (5) retraining, education, and reemployment assistance for employment outside of DOE; and (6) local impact assistance to communities that are affected by any DOE defense facility restructuring plan. Directs the Secretary to issue yearly plan updates containing specified information. Requires appropriate consultation by the Secretary when developing such plans. Requires all plans and updates to be submitted to specified congressional committees. Directs the Secretary, when entering into a contract for the procurement of environmental restoration and waste management activities (contract) at a DOE nuclear defense facility, to require the contractor and any subcontractor to: (1) recognize any collective bargaining agreements in force at the facility and any labor organizations authorized to act on behalf of such employees; (2) employ employees of the collective bargaining units at such facility; (3) assume the liability and obligations of the pension programs of the preceding employer at such facility for employees retained under the contract; and (4) credit periods of employment with previous employers toward contract requirements relating to sick leave, vacations, health insurance, and other employment-related benefits, with limitations. Directs the Secretary to establish and carry out a program for the identification and ongoing medical evaluation of current and former DOE employees who are subject to significant health risks as a result of exposure to hazardous or radioactive substances during such employment. Outlines program implementation provisions, requiring the Secretary to: (1) carry out certain activities under the program in concurrence with the Secretary of Health and Human Services (HHS); (2) permit the participation of specified organizations; (3) notify each employee identified and examined or tested of test results; (4) collect and assemble information relating to such examinations and tests; (5) carry out such program within one year after enactment of this Act; and (6) enter into an agreement with the Secretary of HHS under which each Secretary of Energy carries out required activities under the program. Directs the Secretary to carry out a program to provide for insurance to cover the reasonable health care costs for DOE employees who: (1) were defense nuclear facility employees; (2) through such employment, received a level of exposure to hazardous or radioactive substances that poses a significant risk to such employee's health; (3) as a result of such exposure, have developed a significant illness, disease, or clinical sensitivity; and (4) are not entitled to benefits under the Medicare or any other health insurance program. Authorizes the Secretary to prescribe, with participation by specified organizations, standards for determining the eligibility of former employees for such insurance coverage. Requires establishment of the insurance program within six months after the enactment of this Act.
United States · United States Congress · 1 April 1992
Designates October 4 through 10, 1992, as Mental Illness Awareness Week.
United States · United States Congress · 1 April 1992
Designates the week beginning July 26, 1992, as Lyme Disease Awareness Week.
United States · United States Congress · 31 March 1992
Child Abuse Programs, Adoption Opportunities, and Family Violence Prevention Amendments Act of 1992 - Title I: Child Abuse Prevention and Treatment Act - Subtitle A: General Provisions - Amends the Child Abuse Prevention and Treatment Act (the Act, for purposes of this title) to set forth findings with respect to prevention and treatment of child abuse and neglect. Subtitle B: General Program - Revises title I (General Program) provisions of the Act for the Advisory Board on Child Abuse and Neglect (the Board). Requires the Board, within 24 months after enactment of this Act, to submit to the Secretary of Health and Human Services (HHS) and the appropriate congressional committees a report containing the Board's recommendations with respect to: (1) a national policy to reduce and ultimately prevent child and youth maltreatment-related deaths, detailing appropriate roles and responsibilities for State and local governments and the private sector; (2) specific changes needed in Federal laws and programs to achieve an effective Federal role in implementing such policy; and (3) specific changes needed to improve national data collection with respect to such deaths. Authorizes appropriations for the Board for FY 1992 through 1995. Revises provisions for research and assistance activities of the National Center on Child Abuse and Neglect. Requires such research to include: (1) cultural distinctions relating to child abuse and neglect; (2) culturally sensitive procedures with respect to child abuse cases; and (3) the relationship of child abuse and neglect to cultural diversity. Requires that State child abuse and neglect reporting information, for purposes of such research, be: (1) universal and case specific, to the extent practical; and (2) integrated with other case-based foster care and adoption data collected by the Secretary. Requires that peer review panels, for such research grants and contracts, be composed of members who are: (1) experts in the field of child abuse and neglect or related disciplines, with appropriate expertise in the application to be reviewed; and (2) not officers or employees of the Office of Human Development. Requires such panels to meet as often as necessary, and not less than once a year. Requires such panels to make recommendations on application approval. Directs the Secretary to select projects to be awarded such grants and contracts from among those determined to have merit by such panels. Revises provisions for grants and contracts to public agencies and nonprofit private organizations for demonstration or service programs and projects. Requires all such demonstration projects to be evaluated for their effectiveness (with evaluation funding to be provided as a stated percentage of the grant or contract or as a separate grant or contract to evaluate a particular project or group of projects). Includes under discretionary grant training programs, projects to improve recruitment, selection, and training of volunteers. Revises provisions for development and operation grants to require the Secretary of HHS to make grants to States, based on relative population of children under age 18 in applicant States, for improving each such State's child protective service system in carrying out specified activities. (Replaces provisions which authorized the Secretary to make grants to States for developing, strengthening, and carrying out child abuse and neglect prevention and treatment programs.) Requires, as a condition for State eligibility for such grants, annual submission to the Secretary of a State program plan which specifies the child protective service system area or areas (from among the specified activities) that the State intends to address with such grant funds. Sets forth required plan contents with respect to the specified areas and activities of: (1) intake and screening; (2) investigation of reports; (3) case management and delivery of ongoing family services; (4) general system enhancement; and/or (5) innovative approaches for developing, strengthening, and carrying out child abuse and neglect prevention, treatment, and research programs (limits to 15 percent of such funds the amount that may be used for innovative approaches). Requires, with respect to some of such areas of activity, information on staffing, training, public education, response time, interagency coordination, legal representation, automation, assessment tools, and information and referral services. (Replaces provisions for waivers of State eligibility requirements.) Delays the effective date of such new requirements until the earlier of October 1, 1993, or October 1 of the first fiscal year for which a specified minimum amount is appropriated for: (1) grants to States for child abuse and neglect prevention and treatment programs (the development and operations grants); and (2) technical assistance to States for such programs. Extends through FY 1995 the authorization of appropriations for the emergency child abuse prevention services grant program. Revises provisions for grants to States for programs relating to the investigation and prosecution of child abuse cases to include cases of: (1) neglect; (2) sexual exploitation; and (3) suspected child abuse or neglect related fatalities. Requires annual reports on such grant expenditures. Revises requirements for State eligiblity and for State task forces. Extends through FY 1995 the authorization of appropriations for title I (General Program) of the Act (except the emergency grant program which has a separate authorization). Reserves one-third of such funds for: (1) the national clearinghouse for information relating to child abuse; (2) research and assistance activities of the Center; and (3) grants to public and private nonprofit entities for demonstration or service programs or projects (including grants for resource centers and discretionary grants). Reserves two-thirds of such funds for: (1) grants to States for child abuse and neglect prevention and treatment programs (development and operation grants); and (2) technical assistance to States for such programs. Subtitle C: Community-Based Prevention Grants - Revises and renames title II of the Act as Community-Based Child Abuse and Neglect Prevention Grants (currently, Grants with Respect to Encouraging States to Maintain Certain Funding Mechanisms). Provides for assisting States in supporting child abuse and neglect prevention activities through community-based child abuse and neglect prevention grants. Extends through FY 1995 the authorization of appropriations for such title II grants. Removes a cap on such authorization. Revises title II provisions relating to State eligibility for such grants to: (1) eliminate other funding mechanisms as alternatives to the State trust fund requirement; and (2) requires that the State establishment or maintenance of such trust fund include legislative provisions making funding available only for the broad range of child abuse and neglect prevention activities (current law specifies certain activities to be included). Revises limitations on title II grants. Revises the allotment formula for such grants for the State child abuse trust funds. Allots among eligible States the following percentages of the total appropriations for such grants: (1) 50 percent based on each State's number of children under age 18 (with a specified minimum allotment for each State); and (2) the remaining 50 percent in an amount equal to 25 percent of the total collected by each State in the prior fiscal year for the State trust fund. Requires, if total appropriations for such grants exceed a specified amount, that at least 50 percent of the grant amount to a State be used to support community-based prevention programs. Adds title II grant application demonstration requirements relating to: (1) coordination with other State and local programs; (2) outcome of services and activities funded; (3) supplementation of Federal assistance by State and local public and private sources; and (4) extent of use of funds to support community prevention activities in underserved areas (in which case the supplemental support requirement is waived for the first three years of assistance). Subtitle D: Certain Preventive Services Regarding Children of Homeless Families or Families at Risk of Homelessness - Extends through FY 1995 the authorization of appropriations for title III of the Act, the demonstration grants program to prevent inappropriate separation from the family and to prevent child abuse and neglect with respect to children whose families are homeless or at risk of being homeless. Subtitle E: Miscellaneous Provisions - Directs the Secretary of HHS, acting through the Director of the National Center on Child Abuse and Neglect, to report annually to appropriate congressional committees on measures being taken to assist States in implementing a voluntary reporting system for child abuse and neglect, including information on the extent of coordination of such State systems with the automated foster care and adoption reporting system required under specified provisions of the Social Security Act. Title II: Temporary Child Care for Children with Disabilities - Temporary Child Care for Children with Disabilities and Crisis Nurseries Act Amendments of 1992 - Amends the Temporary Child Care for Children with Disabilities and Crisis Nurseries Act of 1986 to extend through FY 1995 the authorization of appropriations for programs under such Act (including the programs of demonstration grants to States for: (1) temporary child care for disabled and chronically ill children; and (2) crisis nurseries for children who are abused and neglected, at risk of abuse and neglect, or in families receiving child protective services). Conforms the definition of children with disabilities under such Act with that under the Individuals with Disabilities Education Act. Title III: Reauthorization of Programs with Respect to Family Violence - Amends the Family Violence Prevention and Services Act (the Act, for purposes of this title) to expand its purpose to include: (1) assisting (currently demonstrating effectiveness of assisting) States to prevent family violence and provide shelter and assistance to victims and their dependents; (2) increasing public awareness about family violence; and (3) courts, legal, social service, and health care professionals among those to be provided with technical assistance relating to family violence programs. Changes the State demonstration grant program to a regular program of grants to States. Requires special emphasis on support of community-based projects of demonstrated effectiveness carried out by nonprofit private organizations, the primary purpose of which is to operate shelters for victims of family violence and their dependents, and those which provide counseling, advocacy (currently, alcohol and drug abuse treatment), and self-help services to victims and their children. Includes State domestic violence coalitions among the entities which are to be involved in State family violence programs under procedures required to be set forth in State applications for grants. Requires documentation that the State has implemented: (1) procedures for maintaining confidentiality of records; and (2) a law or procedure for the eviction of an abusing spouse from a shared household. Sets forth deadlines and procedures for: (1) notice of disapproval of a State application for a grant; (2) the State's period for correction of deficiencies before grant funds are withheld; and (3) State Domestic Violence Coalitions' challenges of determinations that a grantee is in compliance or eligible. Revises procedures for correction of application deficiencies (under provisions for noncompliance penalties). Requires that State domestic violence coalitions be permitted to participate within specified limits, in determining whether a grantee is in compliance with certain requirements. Revises provisions for grants to Indian tribes and tribal organizations to include nonprofit private organizations approved by an Indian tribe for the operation of a family violence shelter on a Reservation. Requires the Secretary of HHS to reserve for grants to Indian tribes at least ten percent of the appropriations for grants to States under the Act (current law authorizes the Secretary to make demonstration grants to Indian tribes). Allows eligible entities to submit applications for such grants regardless of whether they have previously applied for or received such funding. Repeals provisions for maximum ceilings on annual and total grants to a single entity. Revises provisions for the proportion of the local share of project funds under grants to entities other than States. Increases the portion of specified grant funds which must be used to provide immediate shelter and related assistance to victims of family violence and their dependents. Sets forth portions which must be used for certain related assistance and for family violence prevention services. Sets forth a definition of related assistance, including specified services. Increases the amount of the allotment of grant funds to States. Revises provisions for responsibilities of the Secretary of HHS under the Act, with respect to types of research to be provided. Requires a biennial evaluation and report by the Secretary of HHS to the appropriate congressional committees on the effectiveness of programs under the Act, including a summary of specified documentation provided by States. Directs the Secretary to award grants to private nonprofit organizations to establish and maintain: (1) one national resource center to offer resource, policy, and training assistance to various entities on issues pertaining to domestic violence, and to maintain a central resource library for information on family violence, its prevention, and the provision of shelter and assistance to victims; and (2) up to six special issue resource centers focusing on one or more issues of concern to domestic violence victims (including criminal justice response and court-mandated abuser treatment, child protective service agencies response to battered mothers and abused children, child custody issues, self-defense pleas by victims, interdisciplinary health care responses and access, access to and quality of legal representation for victims in civil litigation). Sets forth requirements for: (1) grant eligibility; (2) reporting; (3) regulations; and (4) funding. Extends through FY 1995 the authorization of appropriations for various programs under the Act, with specified reservations of funds for certain programs. Establishes a required program of grants for State domestic violence coalitions (coalitions). (Replaces provisions for law enforcement training and technical assistance grants and contracts.) Directs the Secretary of HHS to award grants for the funding of such coalitions. Requires such coalitions to further domestic violence intervention and prevention through activities including: (1) working with judicial and law enforcement agencies to encourage appropriate responses to domestic violence cases and examine specified types of issues; (2) working with family law judges, child protective services agencies, and children's advocates to develop appropriate responses to specified types of child custody and visitation issues in domestic violence cases and in combined domestic violence and child abuse cases; (3) conducting public education campaigns regarding domestic violence through various public information vehicles; and (4) participating in planning and monitoring of the distribution of grants and grant funds to their State under specified provisions of the Act. Sets forth a formula for allotment of funds for coalition grants. Prohibits use of such funds for lobbying. Sets forth reporting requirements. Authorizes appropriations for such coalition grants. Directs the Secretary of HHS to publish proposed and final regulations by specified deadlines for: (1) such coalition grants program; and (2) other specified provisions of the Act. Directs the Secretary to develop data on the number of victims of family violence and their dependents who are homeless or institutionalized as a result of the violence and abuse they have experienced (instead of data on the individual characteristics relating to family violence). Establishes a discretionary program of grants for public information campaigns. Authorizes the Secretary to make grants to public or private nonprofit entities to provide public information campaigns regarding domestic violence through the use of various public information vehicles. Sets forth requirements for grant applications, use of funds, and award criteria. Establishes a required program of demonstration grants for model State leadership for domestic violence intervention. Directs the Secretary of HHS, in cooperation with the Attorney General, to award grants to not more than ten States to assist them in becoming model demonstration States and in meeting the costs of improving State leadership concerning activities that will: (1) increase the number of prosecutions for domestic violence crimes; (2) encourage the reporting of incidences of domestic violence; and (3) facilitate arrests and aggressive prosecution policies. Sets forth requirements for designation as a model State, including having specified types of laws and policies in effect. Authorizes appropriations for FY 1992 through 1995 for such demonstration grants program. Limits the amount of such funds to any one State. Directs the Secretary of HHS to delegate responsibilities and transfer funds to the Attorney General for carrying out such demonstration grant program. Directs the Secretary of Education, in consultation with the Secretary of HHS, to develop model programs for education of young people about domestic violence and violence among intimate partners. Requires development, through grants or contracts, of three separate programs, one each for primary and middle schools, secondary schools, and institutions of higher education. Requires participation in program development by specified types of groups of experts and advocates. Directs the Secretary of Education to transmit the model programs, along with a plan and cost estimate for national distribution, to the relevant congressional committees for review. Authorizes appropriations for FY 1992 for such model programs development. Title IV: Reauthorization of Programs with Respect to Adoption - Amends the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 (the Act, for purposes of this title) to revise provisions for Adoption Opportunities, including congressional findings and declaration of purpose. Repeals provisions for model adoption legislation and procedures. Revises provisions for HHS information and service functions relating to adoption and foster care to: (1) add on-site technical assistance; (2) include salaries and travel costs in administrative expenses; and (3) require reports to the appropriate congressional committees (and available to the public) on activities under such Adoption Opportunities provisions of the Act. Directs the Secretary of HHS to: (1) conduct (directly or by grant or contract with public or private nonprofit organizations) ongoing and extensive recruitment efforts on a national level; (2) develop national public awareness efforts to unite children in need of adoption with appropriate adoptive parents; (3) establish a coordinated referral system of recruited families with appropriate State or regional adoption resources to serve families in a timely fashion; (4) provide for the operation of a National Resource Center for Special Needs Adoption; and (5) promote professional leadership training of minorities in the adoption field. Extends through FY 1995 the authorization of appropriations for specified programs under the Act.
United States · United States Congress · 31 March 1992
Panama Canal Commission Authorization Act for Fiscal Year 1993 - Authorizes expenditures by the Panama Canal Commission for the operation, maintenance, and improvement of the Panama Canal. Authorizes use of a limited amount from the Panama Canal Revolving Fund for administrative expenses, limiting reception and representation expenses of the Board, Secretary, and Administrator of the Commission. Authorizes the purchase of passenger motor vehicles. Modifies requirements regarding the use of Commission funds for health care services for certain individuals.
United States · United States Congress · 26 March 1992
National Triad Program Act - Requires the Director of the National Institute of Justice to conduct a national assessment of: (1) the nature and extent of crimes against the elderly; (2) the needs of law enforcement, health, and social service organizations in working to prevent, identify, investigate, and provide assistance to victims of such crimes; and (3) promising strategies to respond effectively to those challenges. Specifies that such assessment shall address: (1) the analysis and synthesis of data from a range of sources; (2) the problems of elderly who are living alone or in high crime areas and who are abused and neglected, and the fear of victimization; (3) the identification of strategies and techniques that have been shown to be effective or which show promise; (4) the analysis of the factors that enhance or inhibit development of a coordinated response by law enforcement, health care, and social service providers; and (5) the research agenda needed to develop a comprehensive understanding of the problems of crimes against the elderly. Requires the Director to disseminate the results of such assessment. Authorizes the Director to make awards to coalitions of local law enforcement agencies, victim service providers, and organizations representing the elderly for pilot programs and field tests of promising strategies and models for forging partnerships for crime prevention and service provision. Specifies that pilot programs funded under this Act may include existing general service coalitions of law enforcement, victim service, and elder advocate organizations that wish to use additional funds to work at a particular problem in their community or to target a particular geographic area in need of intensive services. Authorizes the Director to make awards to: (1) coalitions of national law enforcement, victim service, and elder advocate organizations for training and technical assistance in implementing pilot programs; (2) research organizations to investigate the types of elder victimization shown by the assessment to present particularly critical problems or emerging crimes about which little is known, to evaluate the effectiveness of selected pilot programs, and to conduct research and development identified as being critical; and (3) public service advertising coalitions to increase public awareness of, and promote ideas or programs to prevent, crimes against the elderly. Authorizes appropriations.
United States · United States Congress · 26 March 1992
BasiCare Health Access and Cost Control Act - Title I: Immediate Reforms - Subtitle A: Small Employer Health Insurance Market Reform - Regulates accident and health insurance issued to small employers (defined as having fewer than 51 employees) regarding: (1) price; (2) sales practices; (3) guaranteed issue; (4) core benefits (requiring the same benefits as title XVIII (Medicare) of the Social Security Act); (5) deductibles, out-of-pocket expenses, and copayments; and (6) preventive benefits for children under 23. Preempts inconsistent State and local laws. Regulates: (1) guaranteed eligibility; (2) limited exclusion of preexisting conditions; (3) guaranteed renewability; (4) waiting periods; and (5) rating requirements. Allows the Secretary of Health and Human Services to agree with a State to apply the standards set by that State's laws instead of these requirements, provided the core benefits and sales practices requirements are met. Amends the Internal Revenue Code (IRC) to prohibit tax deductions for the tax imposed by title II, subtitle E, of this Act on insurers offering plans that do not qualify as BasiCare plans. Subtitle B: Community Health Services Expansion - Amends the Public Health Service Act (PHSA) to establish a program of allotments to States for grants for community-based primary health services to low-income or medically underserved populations regarding infant mortality and referrals for the health management of infants and pregnant women. Links the amount of the allotment to population and need. Describes the services to be included. Earmarks for the allotments specified percentages of appropriations under certain provisions added by this Act. Mandates grants to federally qualified health centers (FQHCs) and other entities for providing access to services, as described in specified provisions of title XIX (Medicaid) of the Social Security Act, for medically underserved populations or in high impact areas not currently being served by a FQHC. Authorizes appropriations. Subtitle C: Expansion of Tax Incentives for Self-Employed Individuals - Amends the IRC to increase to 100 percent (currently 25 percent) the portion of health insurance costs self-employed individuals may deduct. Removes provisions ending the deduction on a specified date. Subtitle D: Expanding the Supply of Health Professionals in Rural Areas - Amends the PHSA to authorize appropriations to carry out provisions relating to the National Health Service Corps scholarship and loan repayment program. Earmarks certain portions to carry out provisions of this Act relating to FQHCs. Amends the IRC to allow a tax credit for service by a physician, physician assistant, or nurse practitioner who: (1) provides primary health services to individuals in a rural health professional shortage area; and (2) is not receiving a National Health Service Corps scholarship or loan repayment and is not fulfilling service obligations under such programs. Excludes National Health Service Corps loan repayments from gross income. Allows, with regard to elections to expense depreciable business assets, a higher aggregate cost to be taken into account for rural health care property in a rural health professional shortage area. Allows a deduction for a limited amount of the interest paid on medical education loans by an individual performing services under an agreement with an applicable rural community to perform professional services in the community. Authorizes use of the deduction in computing adjusted gross income. Subtitle E: Malpractice Reform - Part I: Definitions - Sets forth definitions for purposes of this subtitle. Part II: Tort Reform of Health Care Liability Actions - Declares that this part applies to any health care liability action brought in any Federal or State court. Limits the dollar amount of: (1) recovery by an individual and the individual's family members in a health care liability action, regardless of the number of providers or the number of actions; and (2) single payments which may be required. Requires offset for damages paid by a collateral source. Prohibits punitive damages from exceeding the sum of economic and non-economic damages. Regulates the award of attorney's fees and joint and several liability. Sets forth time limits on initiation of actions. Preempts State laws in certain circumstances. Subtitle F: Joint Ventures - Amends provisions of the National Cooperative Research Act of 1984 allowing, notwithstanding antitrust laws, certain cooperative research agreements to add references to joint health care provider ventures, defined as a group of activities by two or more hospitals for the provision or delivery of health care services. Title II: Long-Term Reforms - Subtitle A: Establishment of Commission and Advisory Board - Establishes the Commission on National Health Care Access and Reform and the National Advisory Board. Authorizes appropriations. Subtitle B: Reform and Standardization of Private Insurance - Requires the Commission to submit to the Congress a legislative proposal with specified elements, including: (1) a uniform national health benefits package (BasiCare); (2) a national health care insurance reform plan applicable to all carriers of health insurance in the United States; (3) self-insured plan requirements; and (4) a program to assist low-income individuals in the transfer from coverage under title XIX (Medicaid) of the Social Security Act to BasiCare coverage and financial assistance in obtaining BasiCare coverage. Sets forth the continuing duties and responsibilities of the Commission, including: (1) submission of a new legislative proposal annually for the next two years if the Congress does not approve the Commission's recommendation; (2) annual review and revision, subject to congressional recision, of benefits and premiums; (3) oversight of provider participation and billing; (4) oversight of the supplemental health insurance market; (5) submission to the Congress of plans for the long-term disposition of Medicaid benefits not covered or subsumed by BasiCare and assimilation of Medicare (title XVIII of the Social Security Act), the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) and the Federal employees' health benefits program into the BasiCare system; and (6) submission to the Congress of a legislative proposal for affordable and easy access to prescription drugs. Includes in BasiCare coverage basic hospitalization, basic outpatient services, prescription drugs, protection against catastrophic out-of-pocket costs, coverage against extraordinary long-term care costs, and coverage for preventive care. Requires each carrier to offer BasiCare. Preempts inconsistent State and local laws. Prohibits duplication, in whole or part, of BasiCare benefits. Prohibits discrimination based on health status, including preexisting conditions. Requires guaranteed issue, a minimum plan period, guaranteed renewability, and community-wide ratings. Applies these standards to reinsurance policies. Regulates premiums. Prohibits employment-related BasiCare plans from imposing waiting periods. Requires: (1) such plans to apply equally to employees of all income levels; and (2) total contributions for an employer for low-income employees to equal or exceed the total for other employees. Regulates self-insured plans. Mandates development of recommended managed care plan standards regarding benefits, coverage, and delivery systems. Establishes the Managed Care Advisory Committee. Preempts certain State laws regarding managed care plans. Subtitle C: Low-Income Assistance - Requires the Commission to provide for the termination of Medicaid program coverage which duplicates BasiCare. Terminates, after five years, any remaining Medicaid benefits. Mandates financial assistance, through a voucher system, to low-income individuals for BasiCare premiums, deductibles, and other cost-sharing. Subtitle D: Congressional Consideration of Commission Recommendation - Declares that these provisions are enacted as an exercise of the rulemaking power of the House of Representatives and the Senate with recognition of the right of either House to change the rules as any other rule of that House. Provides for the introduction and consideration of a joint resolution approving of the Commission's legislative proposal under subtitle B of this title. Subtitle E: Enforcement Provisions - Amends the Internal Revenue Code to remove provisions relating to a tax on any employer or employee organization that contributes to a group health plan or large group health plan that does not comply with certain Medicare provisions. Imposes a tax on: (1) insurers offering plans that do not qualify as BasiCare plans; (2) the failure of any service provider under a BasiCare plan to comply with specified provisions of this Act; and (3) the failure of any person to comply with provisions of this Act relating to employer responsibilities and self-insured plan requirements under this Act. Disallows personal exemptions unless the individual's BasiCare policy number is included in the individual's tax return. Subtitle F: Financial Provisions - Creates the BasiCare Trust Fund and transfers to the Fund: (1) a specified percentage of wages and self-employment income; (2) all of the taxes imposed by this Act; (3) additional revenues received as the result of amendments made by this Act; (4) the State's Medicaid share; and (5) all unobligated amounts in the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. Appropriates to the Fund: (1) the Federal Medicaid share; and (2) amounts equal to appropriations for CHAMPUS and the Federal employees' health benefits program. Authorizes appropriations for additional sums as required to make expenditures under specified provisions of this act. Amends title II (Old-Age, Survivors and Disability Insurance) of the Social Security Act to exclude amounts under certain provisions of this Act from appropriation to the Federal Old-Age and Survivors Insurance Trust Fund. Amends the Internal Revenue Code to: (1) exclude from gross income employer-provided coverage under a BasiCare plan (currently, under an accident or health plan); (2) prohibit deductions for employer expenses for a group health plan unless the plan qualifies as a BasiCare plan; and (3) include amounts paid for a BasiCare plan (currently, for insurance) in the definition of "medical care" for provisions relating to medical and dental expenses. Title III: Containment of Prescription Drug Prices - Amends the Internal Revenue Code to require, in the case of any manufacturer of single source drugs or innovator multiple source drugs, a reduction in the Puerto Rico and possession tax credit according to a specified formula involving the amount of the manufacturer's wages paid to eligible employees in a U.S. possession, the sales of the drug, and price increases. Requires the Commission to report annually to the Congress regarding national and international drug policy issues.