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Bill· HRH.R. 995 (104th)open
United States · United States Congress · 21 February 1995
ERISA Targeted Health Insurance Reform Act of 1995 - Title I: Improved Access to Affordable Health Plan Coverage - Subtitle A: Increased Availability and Continuity of Group Health Plan Coverage for Employees and Their Families - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide for access to, and continuity of, group health plan coverage. (Sec. 1001) Provides for: (1) nondiscrimination and limitations on preexisting condition exclusions; (2) portability; (3) requirements for renewability of coverage; and (4) group health plan participation standards. Encourages private standards-setting organizations for provider networks and utilization review under group health plans. Establishes standards applicable to insurers offering health insurance coverage to group health plans. Provides for enforcement with respect to insurers offering health insurance coverage to group health plans. Preempts State laws that differ from such uniform national standards under ERISA. Subtitle B: Requirements for Insurers Offering Health Insurance Coverage to Group Health Plans of Small Employers - Establishes ERISA requirements for insurers offering health insurance coverage to group health plans of small employers. (Sec. 1101) Requires insurers to offer general, catastrophic, and optional medisave coverage to small employers. Requires use of fair rating, uniform marketing materials, and miscellaneous consumer protections. Authorizes States to implement and enforce such uniform national standards. Grants States that elect to implement such standards the exclusive authority to enforce them as they apply to insurers only, and not to the group health plans purchasing health insurance coverage. Allows a three-year phase-in period during which States can conform existing standards with such uniform standards. Preempts differing standards after such period. Subtitle C: Encouragement of Multiple Employer Health Plans and Preemption - Limits the scope of State regulation. Prohibits: (1) State benefit mandates for group health plans; and (2) State prohibition of employer groups purchasing health insurance. Preempts State anti-managed care laws. (Sec. 1202) Preempts State laws for multiple employer health plans meeting Federal standards. Relieves exempted multiple employer health plans of certain restrictions on preemption of State law. Treats such plans as employee welfare benefit plans. Sets forth an exemption procedure and eligibility requirements, as well as additional requirements applicable to exempted multiple employer health plans. Requires: (1) disclosure to participating employers by arrangements providing medical care; (2) maintenance of reserves; and (3) notice for voluntary termination. Sets forth provisions for: (1) corrective actions and mandatory termination; (2) expiration, suspension, or revocation of exemption; and (3) review of actions of the Secretary of Labor. (Sec. 1203) Revises provisions relating to: (1) the scope of preemption rules; (2) treatment of single employer arrangements; and (3) treatment of certain collectively bargained arrangements. (Sec. 1206) Sets forth requirements for employee leasing health care arrangements. (Sec. 1207) Sets forth enforcement provisions relating to multiple employer welfare arrangements and employee leasing health care arrangements. (Sec. 1208) Sets forth filing requirements for multiple employer welfare arrangements offering health benefits. (Sec. 1209) Provides for cooperation between Federal and State authorities. (Sec. 1210) Revises provisions for treatment of employer health coalitions and health maintenance organizations. (Sec. 1211) Requires a single annual filing for all participating employers. Subtitle D: Remedies and Enforcement with Respect to Group Health Plans - Sets forth a claims procedure for group health plans, as well as court remedies for claims disputes. Subtitle E: Funding and Plan Termination Requirements for Self-Insured Group Health Plans - Sets forth special rules for funding and plan termination for self-insured group health plans. Subtitle F: General Provisions - Declares that nothing in this Act may be construed to require the coverage of any specific procedure, treatment, or service as part of a group health plan or health insurance coverage under this Act or through regulation.
Bill· HRH.R. 996 (104th)open
United States · United States Congress · 21 February 1995
TABLE OF CONTENTS: Title I: Definitions and Special Rules Title II: Access to and Fair Rating of Health Insurance Coverage for Individuals Subtitle A: Increased Availability and Continuity of Health Insurance Coverage for Individuals Subtitle B: Establishment of Standards; Enforcement; Effective Dates Targeted Individual Health Insurance Reform Act of 1995 - Title I: Definitions and Special Rules - Sets forth definitions for this Act, including defining "medisave coverage" as consisting of: (1) coverage of expenses exceeding a catastrophic deductible amount; and (2) a cash benefit that accumulates while not used, to be used for deductibles, cost-sharing, and other expenses. Title II: Access to and Fair Rating of Health Insurance Coverage for Individuals - Subtitle A: Increased Availability and Continuity of Health Insurance Coverage for Individuals - Regulates the periods during which insurers of individuals may deny, limit, or exclude coverage based on health status or related matters. (Sec. 2002) Reduces any exclusion period by any time in continuous coverage. Considers newborns and adopted children as not having any preexisting condition. (Sec. 2003) Prohibits cancellation (or denial of renewal) except for premium nonpayment, fraud, or plan noncompliance, or if the insurer is ceasing to provide any such coverage. (Sec. 2011) Requires insurers of individuals to meet the standards of these provisions. Provides for determination by the Secretary of Health and Human Services that a private entity has established standards for provider networks. (Sec. 2012) Prohibits coverage denial on the basis of a utilization review program unless the program meets the standards determined by the Secretary to have been established by a private entity. (Sec. 2021) Requires insurers of individuals to make available general, catastrophic, and medisave coverage. (Sec. 2022) Prohibits rates from varying except for specified factors. Subtitle B: Establishment of Standards; Enforcement; Effective Dates - Provides for development: (1) by the National Association of Insurance Commissioners of standards regarding subtitle A; and (2) by a private entity regarding utilization review standards. (Sec. 2102) Allows States to elect whether to enforce standards under this Act. Directs the Secretary to enforce them if a State does not. (Sec. 2103) Preempts related State or local standards and laws, including certain State anti-managed care laws.
Bill· HRH.R. 997 (104th)referred
United States · United States Congress · 21 February 1995
Amends title XVIII (Medicare) of the Social Security Act to limit Medicare coverage of chiropractic services to certain services for the treatment of spinal conditions that are conducted by State-licensed doctors of chiropractic legally authorized by the State to provide them.
Bill· SS. 454 (104th)open
United States · United States Congress · 16 February 1995
TABLE OF CONTENTS: Title I: Health Care Liability Reform Subtitle A: Liability Reform Subtitle B: Biomaterials Access Assurance Subtitle C: Applicability Title II: Protection of the Health and Safety of Patients Title III: Severability Health Care Liability Reform and Quality Assurance Act of 1995 - Title I: Health Care Liability Reform - Subtitle A: Liability Reform - Makes the provisions of this Subtitle applicable with respect to any health care liability action (action) brought in any Federal or State court, except to the extent that title XXI of the Public Health Service Act applies to an action for damages arising from a vaccine- related injury or death. Preempts any conflicting State law. States that nothing in this Subtitle shall affect, in an action, the defense of sovereign immunity, the choice of law or venue, or the establishment of Federal jurisdiction. (Sec. 104) Prohibits an action subject to this Act from being initiated unless a complaint concerning the action is filed within a two-year period following the discovery of the harm and its cause. (Sec. 105) Allows the award of punitive damages in an action only when there is clear and convincing evidence that the defendant intended to injure, deliberately failed to avoid injuring, or acted with a conscious disregard of the risk of unnecessary injury. Prohibits the award of punitive damages in any case in which no judgment for compensatory damages is rendered against the defendant. Outlines requirements concerning: (1) procedures for the pleading of punitive damages; and (2) the determination of the amount of such damages, limiting the amount to three times the amount awarded for the economic injury on which the claim is based, or $250,000, whichever is greater. (Sec. 106) Limits to $100,000 the amount a person may be required to pay for future damages in a single payment of a damages award in an action. Allows the defendant to make payments on a periodic basis. (Sec. 107) Allows only several and not joint liability of each defendant in an action with respect to punitive and noneconomic (pain and suffering) damages. (Sec. 108) Requires the total amount of damages received by an individual to be reduced by any payments received from collateral sources with respect to the same claim. (Sec. 109) Limits the amount of contingency fees that may be collected by an attorney in such an action. (Sec. 110) Requires medical malpractice to be proven by clear and convincing evidence in baby delivery cases in which the health care professional against whom the action is brought did not previously treat the pregnant woman for the pregnancy. (Sec. 111) Requires the parties, prior to or immediately following the commencement of an action, to participate in the alternative dispute resolution (ADR) system as administered by the State. Provides for the: (1) adoption by each State of an ADR method satisfying certain requirements enumerated under this Act; (2) specification of ADR methods; and (3) initiation or resumption of a cause of action due to dissatisfaction with a determination under an ADR system. (Sec. 112) Prohibits an action from being brought by any individual unless such individual submits an affidavit stating that the individual has consulted with, and received a written report from, a qualified specialist attesting to the reasonable merits of the case (certificate of merit). Outlines administrative procedures with respect to the waiving of such certificate, and, when not waived, the deadline for its submission. Defines a "qualified specialist" as a health care professional having expertise in the same or substantially similar area of practice as that involved in the action. Subtitle B: Biomaterials Access Assurance - Biomaterials Access Assurance Act of 1995 - Provides that, in any civil action, a biomaterials supplier (one who supplies components or raw materials used to manufacture implants) may raise any defense provided under this Act. Exempts a biomaterials supplier (supplier) from liability for harm to a claimant caused by an implant, with exceptions in the case of a supplier who: (1) is a registered manufacturer of the implant; (2) is a seller of the implant and who held title to the implant at the time of sale; or (3) furnishes raw materials or components that fail to meet applicable contractual requirements or specifications. Provides grounds for liability with respect to each exception. Outlines procedural guidelines for the dismissal of civil actions against suppliers, including the submission of appropriate affidavits in support of, or in defense to, a claim. States that a supplier may be considered a manufacturer of an implant, for purposes of such civil actions, only if the supplier has registered with the Secretary of Health and Human Services and included the implant on a list of devices filed pursuant to the Federal Food, Drug, and Cosmetic Act. Requires claimant payment of attorney fees if the court finds the claim to be without merit and frivolous. Subtitle C: Applicability - Makes provisions of this title applicable to all civil actions commenced on or after the date of enactment of this Act. Title II: Protection of the Health and Safety of Patients - Directs each State to establish: (1) a health care quality assurance program (program), to be approved by the Secretary; and (2) a fund for the program. Requires each State to transfer to the fund 50 percent of all awards for punitive damages resulting from health care liability actions in such State. (Sec. 202) Directs each State to require every health care professional and provider in the State, and their insurers, to participate in a risk management program to prevent and provide early warning of practices which may result in injuries to patients or which otherwise may endanger patient safety. Requires each professional or provider to participate in a risk management program at least once in each three-year period. (Sec. 203) Amends the Health Care Quality Improvement Act of 1986 to require the Secretary to promulgate regulations providing for the disclosure of information concerning the reporting of: (1) sanctions taken against a physician by boards of medical examiners; and (2) health care professional review actions taken by health care entities. Title III: Severability - Provides for the severability of the remainder of this Act from provisions held to be unconstitutional.
Bill· SS. 427 (104th)referred
United States · United States Congress · 16 February 1995
Women's Health Office Act of 1995 - Amends the Public Health Service Act to establish an Office of Women's Health within the: (1) Office of the Assistant Secretary for Health; (2) Office of the Director of the Centers for Disease Control and Prevention; and (3) Office of the Director of the Agency for Health Care Policy and Research. Amends the: (1) Social Security Act to establish such an Office within the Office of the Administrator of the Health Resources and Services Administration; and (2) Federal Food, Drug, and Cosmetic Act to establish such an Office within the Office of the Commissioner of the Food and Drug Administration. Requires all such offices to: (1) establish goals and objectives and coordinate activities within their respective departments or agencies that relate to disease prevention, health promotion, service delivery, and research concerning women; (2) undertake appropriate advisory duties with respect to such issues; and (3) monitor and coordinate Federal and regional activities regarding women's health. Requires reports. Authorizes appropriations for such Office within the Office of the Assistant Secretary for Health. Requires in most cases the establishment of a Coordinating Committee on Research on Women's Health to undertake appropriate duties with respect to women's health research.
Bill· SS. 442 (104th)referred
United States · United States Congress · 16 February 1995
TABLE OF CONTENTS: Title I: Improvements to the Child Support Collection System Subtitle A Eligibility and Other Matters Concerning Title IV-D Program Clients Subtitle B: Program Administration and Funding Subtitle C: Locate and Case Tracking Subtitle D: Streamlining and Uniformity of Procedures Subtitle E: Paternity Establishment Subtitle F: Establishment and Modification of Support Orders Subtitle G: Enforcement of Support Orders Subtitle H: Medical Support Title II: Increased Access to Financial Information of Noncustodial Parents and Additional Improvements in Enforcement Title III: Effective Dates Child Support Responsibility Act of 1995 - Title I: Improvements to the Child Support Collection System - Subtitle A: Eligibility and Other Matters Concerning Title IV-D Program Clients - Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act (SSA) to require States to have statutorily prescribed procedures to: (1) record child support orders in a central case registry; and (2) collect child support payments through a centralized collections unit. (Sec. 101) Revises the guidelines for: (1) State plans for child and spousal support; and (2) payments distribution. (Sec. 103) Requires State plans to establish procedural guidelines for: (1) notification of all proceedings and orders affecting child support obligations; and (2) privacy safeguards regarding paternity and child support actions. Subtitle B: Program Administration and Funding - Revises the formula for: (1) Federal matching payments to the States; and (2) incentive adjustments to the Federal matching rate. (Sec. 113) Requires a State plan for child and spousal support to include prescribed procedures for State reviews and audits. Revises the guidelines for Federal evaluation and audit of State programs governing paternity, child and spousal support, and parent location. (Sec. 115) Revises the automated data processing requirements for State plans to mandate a single statewide automated data processing and information retrieval system which can perform specified tasks. (Sec. 116) Directs the Secretary of Health and Human Services (the Secretary) to conduct staffing studies of each State child support enforcement program and to report the results to the Congress. (Sec. 117) Makes funds available to the Secretary for: (1) training of Federal and State staff, research and demonstration programs, and special projects of regional and national significance; and (2) operation of the Federal Parent Locator Service. Subtitle C: Locate and Case Tracking - Mandates that the single statewide automated data system function as a single central case registry of State-provided services and support orders. Delineates contents of case records and data matching activities, including data exchange with sister States. (Sec. 122) Requires State plans to include a centralized, automated unit for the collection and disbursement of support payments. (Sec. 123) Requires the States to have statutorily prescribed procedures: (1) for mandatory income withholding for support payments subject to enforcement; and (2) under which child support orders issued before October 1, 1996, shall become subject to withholding from wages if arrearages occur, without the need for a judicial or administrative hearing. Revises the procedural guidelines for income withholding for child support enforcement. (Sec. 125) Revises the Federal Parent Locator Service to add kinds of information which may be transmitted to locate individuals and assets for purposes of establishing parentage and executing child support obligations. Requires the Secretary to establish in the Service a Data Bank of Child Support Orders and an automated directory of New Hires. (Sec. 126) Requires State plans to include procedures for recording social security numbers on certain family legal documents and records. Subtitle D: Streamlining and Uniformity of Procedures - Requires each State to have the Uniform Interstate Family Support Act in effect as of January 1, 1997. (Sec. 132) Amends the Federal judicial code to revise the procedures for a court to apply when determining which State order to recognize for purposes of continuing, exclusive jurisdiction and enforcement for child support orders. (Sec. 133) Amends SSA title IV part D to revise State plan guidelines for mandatory expedited administrative and judicial procedures to include: (1) authorized genetic testing to establish paternity; and (2) the securing of assets and increasing of monthly payments to satisfy a support arrearage. Subtitle E: Paternity Establishment - Revises the guidelines for statutorily prescribed procedures governing genetic testing and outreach for voluntary paternity acknowledgment. Subtitle F: Establishment and Modification of Support Orders - Establishes the National Child Support Guidelines Commission to determine the need for consideration by the Congress of national child support guidelines. (Sec. 152) Revises the requirements for State plan procedures for the review and adjustment of support orders. Subtitle G: Enforcement of Support Orders - Amends the Internal Revenue Code to revise the priority of refund distribution with respect to past-due support owed to individuals. (Sec. 163) Amends SSA title IV part D to revise procedural guidelines for: (1) consent by the United States to income withholding, garnishment, and similar proceedings for enforcement of child support and alimony obligations of current and retired Federal employees; and (2) enforcement of child support obligations of current and retired members of the armed forces. (Sec. 165) Requires States to have statutorily prescribed procedures for: (1) placing liens for child support arrearages on motor vehicle titles of the debtor; (2) voiding fraudulent transfers by a child support debtor; (3) suspending any driver's, business, or occupational license issued to any person who owes past-due child support; (4) reporting to credit bureaus the name of the parent in arrears for child support; (5) extending the statute of limitations for collection on child support arrearages; and (6) calculating interest or penalties on such arrearage. (Sec. 171) Prescribes procedural guidelines for passport denial (including revocation) upon certification of nonpayment of child support. (Sec. 172) Expresses the sense of the Congress that the United States should ratify the United Nations Convention of 1956. Requires State plans to provide that the State must treat international child support cases as interstate cases. Subtitle H: Medical Support - Amends the Employee Retirement Income Security Act of 1974 to include within the definition of medical child support order an order issued through a State administrative process. Title II: Increased Access to Financial Information of Noncustodial Parents and Additional Improvements in Enforcement - Shields a depository institution from Federal or State liability for disclosing any financial record of an individual to a State child support enforcement agency. Prohibits such State agency from disclosing such a financial record except for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing a child support obligation. Sets forth civil penalties for knowingly or negligently violating such prohibition. (Sec. 202) Amends the Fair Credit Reporting Act to prescribe circumstances under which a consumer reporting agency may furnish a consumer report to a State child support enforcement agency. (Sec. 203) Amends SSA title IV part D to prescribes guidelines under which the States are required to have statutorily prescribed procedures which mandate: (1) any child support order to provide for coverage of the health care costs of the child; and (2) employers to pay within ten days any amounts withheld from wages to pay child support obligations. Establishes a late payment penalty for failure of employers to make timely payments. (Sec. 206) Directs the Secretary to expand the Federal Parent Locator Service to establish a national network based on the comprehensive statewide child support enforcement systems developed by the States. Title III: Effective Dates - Sets forth effective dates for this Act.
Resolution· SCONRESS.Con.Res. 8 (104th)referred
United States · United States Congress · 16 February 1995
Expresses the sense of the Congress concerning: (1) the need for adequate studies on breast cancer screenings for women between the ages of 40 and 49; and (2) the National Cancer Institute's statement and guidelines regarding such screenings.
Bill· HRH.R. 975 (104th)referred
United States · United States Congress · 16 February 1995
Amends title XIX (Medicaid) of the Social Security Act to declare that the Secretary of Health and Human Services is not authorized to require a State plan for medical assistance to ensure the provision of necessary non-emergency medical transportation services. Denies Federal payment for such services.
Bill· SS. 423 (104th)open
United States · United States Congress · 15 February 1995
TABLE OF CONTENTS: Title I: Tax Treatment of Long-Term Care Insurance Title II: Standards for Long-Term Care Insurance Title III: Incentives to Encourage the Purchase of Private Insurance Title IV: Effective Date Private Long-Term Care Family Protection Act of 1995 - Title I: Tax Treatment of Long-Term Care Insurance - Amends the Internal Revenue Code to include amounts paid for qualified long-term care services and long-term care insurance (as defined in this Act) as medical expenses deductible from gross income. (Sec. 102) Provides for the treatment of qualified long-term care insurance or plans as accident and health insurance or plans. Excludes from gross income a specified amount of benefits provided under a qualified long-term care insurance contract and provides an inflation adjustment. Provides rules for coverage provided by a rider on a life insurance contract. (Sec. 103) Makes continuation coverage requirements inapplicable to qualified plans. Permits long-term care insurance coverage under cafeteria plans. (Sec. 104) Requires insurance companies, in the case of long-term care insurance policies, to use a one-year full preliminary term reserve method when computing income. (Sec. 105) Excludes from gross income as a death benefit any amount distributed to an individual under a life insurance contract of an insured who is terminally ill. (Sec. 106) Allows insurance companies to issue accelerated death benefit riders on life insurance contracts. Title II: Standards for Long-Term Care Insurance - Requires the Congress to appoint a National Long-Term Care Insurance Advisory Council. (Sec. 202) Imposes an excise tax on the issuer of any qualified long-term care insurance policy for failure to meet specified model regulation and disclosure requirements. (Sec. 204) Requires the Advisory Council to promulgate standards for the use of uniform language and definitions in long-term care insurance policies. Allows variations to account for differences among States in licensing practices. Title III: Incentives to Encourage the Purchase of Private Insurance - Directs the Secretary of Health and Human Services to establish a program of public education regarding catastrophic long-term care costs and the benefits of long-term care insurance coverage. (Sec. 302) Amends title XIX (Medicaid) of the Social Security Act to provide for the disregard, in the case of recipients of long-term care insurance benefits, of certain assets and resources for purposes of the Medicaid estate recovery provisions. (Sec. 303) Excludes from gross income distributions from an individual retirement account of an individual over age 59 and one-half if such if such distributions are used to purchase long-term care insurance for the individual or his or her spouse. Allows for distributions from qualified retirement plans without the imposition of a penalty if such distributions are for the purchase of long-term care insurance. Title IV: Effective Date - Sets forth the effective date of the tax provisions of this Act.
Bill· HRH.R. 952 (104th)referred
United States · United States Congress · 15 February 1995
Repeals, effective January 1, 1994, provisions of the Omnibus Budget Reconciliation Act of 1993 requiring establishment of the Medicare and Medicaid Coverage Data Bank. Directs the Secretary of Health and Human Services to study and report to the Congress on how to achieve the former objectives of such entity in the most cost-effective manner.
Bill· HRH.R. 958 (104th)referred
United States · United States Congress · 15 February 1995
Older Women's Breast Cancer Detection Act of 1995 - Amends part B (Supplemental Medical Insurance) of title XVIII (Medicare) of the Social Security Act to revise the breast cancer screening benefit to cover on an annual (currently, biennial) basis routine breast cancer screening for women age 65 and older (thus covering them on the same basis as those age 49 through 64).
Bill· SS. 403 (104th)reported
United States · United States Congress · 14 February 1995
Readjustment Counseling Service Amendments of 1995 - Includes a Readjustment Counseling Service (RCS) as part of the Veterans Health Administration of the Department of Veterans Affairs. Prohibits the Secretary of Veterans Affairs from altering or revising the organizational structure of RCS until the Secretary has notified specified congressional committees and 60 days have elapsed since such notification. Requires RCS budget information to be included annually in the President's budget submitted to the Congress. Outlines eligibility requirements for one of the Assistant Under Secretaries for Health in the Department, including at least three years of clinical experience and two years of administrative experience in RCS or other comparable mental health care counseling service. Makes such a qualified person the director of RCS. Increases from eight to nine the authorized number of Assistant Under Secretaries for Health. Directs the Secretary to furnish readjustment counseling to any veteran who: (1) served on active duty during the Vietnam era; or (2) served on active duty in a theater of combat during a period of war (currently, only after May 7, 1975) in any area in which hostilities occurred. Authorizes the Secretary to furnish such assistance to any other veteran upon request. Directs the Secretary to provide counseling to survivors and dependents of members of the armed forces killed while performing such duty. Allows the Secretary to provide such counseling to the survivors and dependents of other members killed during active duty or from a condition incurred in or aggravated by such service. Establishes in the Department the Advisory Committee on the Readjustment of Veterans to perform advisory services with respect to veterans' readjustment, taking into special account Vietnam era veterans. Requires specified reports from the Advisory Committee and the Secretary. Directs the Secretary to report to the congressional veterans' affairs committees: (1) a plan for the expansion of the Vietnam Veteran Resource Center program; and (2) on the feasibility and desirability of the collocation of Vet Centers and outpatient clinics of the Department as current leases for such centers and clinics expire. Directs the Secretary to carry out and report to the Congress on a pilot program for the provision of health-related services to eligible veterans at readjustment counseling centers.
Bill· SS. 411 (104th)referred
United States · United States Congress · 14 February 1995
TABLE OF CONTENTS: Title I: Tax Treatment of Long-Term Care Insurance Title II: Establishment of Federal Standards for Long-Term Care Insurance Title III: Deduction for Certain Expenses for Dependents with Alzheimer's Disease or Related Organic Brain Disorders Title IV: Dependent Care Credit Expanded and Made Refundable Title I: Tax Treatment of Long-Term Care Insurance - Amends the Internal Revenue Code to provide for the treatment of qualified long-term care insurance or plans as accident and health insurance or plans for purposes of insurance company taxation. (Sec. 102) Excludes from gross income benefits provided under a long-term care insurance contract. Includes in gross income employer-provided coverage for long-term care services. (Sec. 103) Allows a tax credit for a percentage of eligible long-term care premiums. (Sec. 104) Includes amounts paid for qualified long-term care services as medical expenses for individual itemized deductions. Includes any parent or grandparent as a dependent for purposes of such expenses. (Sec. 105) Requires long-term care insurance contracts to use a one-year full preliminary term tax reserve method. (Sec. 106) Excludes from gross income certain amounts withdrawn from individual retirement accounts and certain employer cash or deferred arrangements to pay long-term care premiums. (Sec. 107) Provides for the exclusion as a death benefit of any amount paid or advanced to an individual under a life insurance contract because such individual is terminally ill, chronically ill, or has been permanently confined to a qualified facility. (Sec. 108) Allows insurance companies to issue accelerated death benefit riders on life insurance contracts. (Sec. 109) Permits long-term care insurance contracts to be offered in cafeteria plans. Title II: Establishment of Federal Standards for Long-Term Care Insurance - Amends the Public Health Service Act to mandate the establishment of model Federal standards for long-term care insurance. Prohibits the offering of a long-term care insurance policy in a State unless the State has a regulatory program meeting the requirements of this Act or the policy has been certified by the Secretary of Health and Human Services. Authorizes grants to States for demonstration programs to improve enforcement of the standards. Authorizes appropriations. Imposes on agents selling long-term policies a duty of good faith and fair dealing. Prohibits twisting, high pressure tactics, and cold lead advertising. Mandates minimum financial standards, including income and asset criteria, for advising individuals considering the purchase of a long-term policy. Prohibits sales: (1) to an individual eligible for assistance under title XIX (Medicaid) of the Social Security Act; (2) of duplicate service policies; and (3) of policies that reduce, limit, or coordinate benefits on the basis of eligibility for other coverage or benefits. Provides for: (1) criminal and civil penalties; and (2) agent training and certification. Sets forth additional carrier responsibilities relating to refunding of premiums, mailing of policies, providing information on denials of claims, and reporting of information. Prohibits cancellation or nonrenewal of a long-term care policy except for nonpayment of premium or material misrepresentation. Sets forth continuation and conversion rights for group policies, regulating premiums for converted policies. Requires guaranteed issuance to an individual if the individual meets the minimum medical requirements of the policy. Mandates standards regarding upgraded benefits. Limits cancellation for nonpayment by an incapacitated individual. Requires: (1) subject to exceptions, uniform language and definitions, a uniform format, and at least one standard benefit package; and (2) disclosure of certain matters, including an outline of coverage. Mandates recommendations by the National Association of Insurance Commissioners (NAIC) regarding informing consumers on the long-term economic viability of long-term care insurance carriers. Limits certain conditions on benefits. Requires, if benefits are provided for home health care or community-based services, that certain minimum benefits be provided. Prohibits treating cognitive or mental impairments (including Alzheimer's disease and mental illness) differently from other medical conditions. Limits preexisting condition requirements. Requires: (1) each claimant to have a functional assessment by an individual or entity meeting NAIC qualifications and unconnected to the policy issuer; (2) inflation protection, unless rejected in writing by a policyholder; (3) disclosure of certain premium increases; and (4) nonforfeiture benefits. Prohibits a carrier from contesting a policy or claim based on fraud or misrepresentation unless notice is provided within a time period set by NAIC. Establishes the right of a purchaser to return a policy within a specified period. Defines "long-term care insurance policy," excluding: (1) any basic Medicare supplemental policies; (2) other insurance offered primarily to provide specified types of coverage; and (3) certain life insurance policies. Authorizes grants for programs to provide information, counseling, and assistance regarding the procurement of long-term insurance. Authorizes appropriations. Title III: Deduction for Certain Expenses for Dependents with Alzheimer's Disease or Related Organic Brain Disorders - Amends the Internal Revenue Code to allow an individual an income tax deduction for qualified home health care and adult day and respite care expenses with respect to a dependent who: (1) resides with the taxpayer; (2) suffers from Alzheimer's disease or a related organic brain disorder; and (3) is physically or mentally incapable of self-care. Title IV: Dependent Care Credit Expanded and Made Refundable - Repeals the Internal Revenue Code's nonrefundable income tax credit for employment-related dependent care expenses, replacing it with a corresponding refundable 50 percent credit, reduced (but not below 20 percent) as the taxpayer's adjusted gross income exceeds $15,000 (adjusted for inflation). Includes within the scope of the new credit up to $1,200 ($2,400 in the case of more than one qualifying individual) of respite care expenses incurred in the care of: (1) a dependent of the taxpayer who is at least 13 years old; or (2) a spouse or other dependent who is physically or mentally incapable of self-care.
Bill· SS. 407 (104th)referred
United States · United States Congress · 14 February 1995
Amends the Internal Revenue Code to allow an individual an income tax deduction for qualified home health care and adult day and respite care expenses with respect to a dependent who: (1) resides with the taxpayer; (2) is a dependent of the taxpayer; and (3) suffers from Alzheimer's disease (or a related organic brain disorder) and is physically or mentally incapable of self-care.
Bill· SS. 412 (104th)referred
United States · United States Congress · 14 February 1995
Bottled Water Standards Act of 1995 - Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services, after the Administrator of the Environmental Protection Agency promulgates a national primary drinking water regulation for a contaminant under the Safe Drinking Water Act, to issue a regulation for that contaminant in bottled water or make a finding that a regulation is not necessary to protect the public health because the contaminant is not present in bottled water. Requires the relevant maximum contaminant level or treatment technique for the contaminant in bottled water to be as stringent or protective as that for the contaminant in drinking water systems. Makes the drinking water regulation the standard for bottled water if the Secretary fails to establish a regulation.
Bill· HRH.R. 925 (104th)referred
United States · United States Congress · 14 February 1995
Private Property Protection Act of 1995 - Requires the Federal Government to compensate a property owner whose use of that property has been limited by an agency action, pursuant to a specified regulatory law and that diminishes the fair market value of that property by 33.3 percent or more, for that diminution in value. Prohibits compensation from being made under this Act if the use limited by Federal agency action is proscribed under the law of the State in which the property is located (other than a proscription required by a Federal law, either directly or as a condition for assistance). Provides that if a use is a nuisance as defined by the law of a State, that use is proscribed for the purposes of this Act. Prohibits compensation from being made under this Act with respect to: (1) an agency action the purpose of which is to prevent an imminent and identifiable hazard to public health and safety or damage to specific property other than the property whose use is limited; or (2) an agency action pursuant to the Federal navigational servitude. Sets forth the procedures by which a property owner may seek compensation under this Act.
Bill· HRH.R. 916 (104th)referred
United States · United States Congress · 13 February 1995
Public Health and Safety Act of 1995 - Amends the Federal criminal code to prohibit the manufacture, import, export, sale, purchase, transfer, receipt, ownership, possession, transport, or use (transaction) of a handgun or handgun ammunition. Makes exceptions with respect to the military, law enforcement agencies, registered security guard services, and licensed handgun clubs and members of such clubs. Authorizes the Secretary of the Treasury to approve such a transaction by licensed manufacturers, importers, and dealers as necessary to meet the lawful requirements of such persons and entities covered by the exceptions. Specifies handgun club licensing requirements. Requires: (1) the Secretary to revoke the license of any such club that does not continue to meet such requirements; and (2) such club to pay to the Secretary an annual license fee of $25. Specifies security guard service registration requirements. Requires: (1) the Secretary to revoke such registration if the service does not continue to meet such requirements; and (2) such service to pay to the Secretary an annual registration fee of $50. Sets forth provisions with respect to: (1) recordkeeping (by licensed manufacturers, importers, dealers, handgun clubs or their members and by registered security guard services that transfer handguns or handgun ammunition); (2) reports of loss or theft; and (3) transfers to handgun clubs. Authorizes the voluntary delivery to any designated Federal, State, or local law enforcement agency of a handgun owned or possessed by a person. Directs the Secretary to: (1) arrange with each such agency to receive handguns for the transfer, destruction, or other disposition of such handguns; and (2) pay to such person $25 or the fair market value of the gun. Authorizes appropriations. Sets penalties for violations of this Act. Specifies that a person who voluntarily delivers a handgun under this Act after 180 days after enactment shall not be subject to criminal prosecution for possession of the handgun, but shall pay to the Secretary a civil penalty in an amount not to exceed $500. Establishes penalties for: (1) failure to report the loss or theft of a handgun; (2) negligent and intentional deliveries to an unauthorized place; (3) false statements or representations; and (4) failure to keep, or permit inspection of, records. Provides for the forfeiture of any handgun or handgun ammunition involved or used in a violation of this Act or of any other criminal law of the United States.
Bill· HRH.R. 917 (104th)reported
United States · United States Congress · 13 February 1995
Common Sense Product Liability Reform Act - Declares that this Act governs any product liability action in State or Federal court against a manufacturer or seller, except for: (1) actions for commercial loss; (2) issues not covered by this Act; (3) actions under title XXI (Vaccines) of the Public Health Service Act; and (4) drugs and devices subject to premarket approval or generally recognized as safe and effective. (Sec. 3) Establishes seller liability if the seller failed to exercise reasonable care, made an express warranty (independent of any express manufacturer's warranty), or engaged in intentional wrongdoing as determined under State law. Declares that the seller shall not be considered to have failed to exercise reasonable care based on a failure to inspect the product where there was no reasonable opportunity to inspect. Makes the seller liable as if the seller were the manufacturer if: (1) the manufacturer is not subject to service of process under the laws of the State of the action; or (2) the court determines that the claimant would be unable to enforce a judgment against the manufacturer. (Sec. 4) Makes it a complete defense for the manufacturer if the product complied with: (1) a product standard established by a Federal agency or a labeling requirement of a Federal agency, unless the manufacturer withheld information that directly relates to product harm; or (2) a voluntary product standard established by a Federal agency, absent gross negligence or maliciousness of the manufacturer. (Sec. 5) Allows: (1) manufacturer or seller liability only if the manufacturer or seller is at fault; (2) defenses of contributory negligence, comparative negligence, assumption of risk, and product alteration or misuse; and (3) several (but not joint) liability in direct proportion to the manufacturer's or seller's percentage of responsibility. (Sec. 6) Limits the amount of non-economic damages. Allows installment payments in certain circumstances. Permits limited punitive damages if allowed under State law and if the harm resulted from conduct manifesting actual malice. Requires a specified percentage of punitive damages to be deposited into the Federal or State treasury. (Sec. 7) Makes it a complete defense if the claimant, as a result of the influence of alcohol or a controlled substance, was more than 50 percent responsible for causing the event that resulted in the harm. (Sec. 8) Establishes time limits for actions, including separate limits for products that are capital goods. (Sec. 9) Allows: (1) an employer or workers' compensation insurer a right of subrogation against the manufacturer or seller; (2) the employer or insurer to participate in the action and prohibits settlements or employee acceptance of payments without employer consent; (3) a manufacturer or seller to allege that the harm was caused by the fault of the employer or a coemployee; and (4) the employer or insurer to recover attorney's fees and court costs from the manufacturer or seller. Prohibits, in an action for damages for harm covered by workers' compensation, any third party tortfeasor from maintaining any action for implied indemnity or contribution against the employer, any coemployee, or the exclusive representative of the employee. Prohibits the verdict of any court in a product liability action from being used as evidence in a workers' compensation proceeding.
Bill· HRH.R. 922 (104th)referred
United States · United States Congress · 13 February 1995
Colon Cancer Screening and Prevention Act - Amends title XVIII (Medicare) of the Social Security Act to prescribe frequency and payment limits under Medicare part B for screening fecal-occult blood tests, flexible sigmoidoscopies, and colonoscopy.
Bill· HRH.R. 897 (104th)referred
United States · United States Congress · 10 February 1995
Transfers all authorities, funds, and personnel of the Office of the Surgeon General of the Public Health Service to the Assistant Secretary for Health of the Department of Health and Human Services. Terminates the Office and the position of Surgeon General.
Bill· HRH.R. 882 (104th)open
United States · United States Congress · 9 February 1995
Department of Veterans Affairs Mammography Quality Standards Act - Prohibits a mammogram from being performed at a Department of Veterans Affairs facility unless the facility is accredited for such purpose by a private nonprofit organization designated by the Secretary of Veterans Affairs. Requires any such organization to meet the standards for accrediting bodies established under the Public Health Service Act (the Act). Directs the Secretary to prescribe quality assurance and control standards relating to performance and interpretation of mammograms and the use of Department mammogram equipment and facilities consistent with requirements of the Act. Requires the Secretary to provide for an annual inspection of Department mammogram equipment and facilities. Requires any Department mammograms contracted to a non-Department facility or provider to conform to the standards of the Act. Provides for: (1) a deadline for the prescribing of standards; (2) transition provisions covering mammograms performed prior to the enactment of this Act; and (3) an implementation report from the Secretary to specified congressional committees.
Bill· HRH.R. 875 (104th)referred
United States · United States Congress · 9 February 1995
Amends title XVIII (Medicare) of the Social Security Act to waive the Medicare part B (Supplementary Medical Insurance) late enrollment penalty for certain current and former uniformed service members aged 65 or older and dependents residing within 100 miles of a treatment facility on a military base slated for closure who enroll under part B during a special enrollment period established by this Act.
Bill· SS. 374 (104th)referred
United States · United States Congress · 8 February 1995
Sunshine in Litigation Act of 1995 - Amends the Federal judicial code to require a court to enter an order (under rule 26(c) of the Federal Rules of Civil Procedure) restricting the disclosure of information obtained through discovery or restricting access to court records in a civil case only after making particularized findings of fact that: (1) such order would not restrict the disclosure of information which is relevant to the protection of public health or safety; or (2) the public interest in disclosure of potential health or safety hazards is clearly outweighed by a specific and substantial interest in maintaining the confidentiality of the information or records in question and the requested protective order is no broader than necessary to protect the privacy interest asserted. Provides that: (1) no such order shall continue in effect after the entry of final judgment unless at or after such entry the court makes a separate particularized finding of fact that such requirements have been met; (2) the party who is the proponent for entry of the order shall have the burden of proof; (3) no agreement between or among parties in a civil action filed in a court of the United States may contain a provision that prohibits or otherwise restricts a party from disclosing any information relevant to such civil action to any Federal or State agency with authority to enforce laws regulating an activity related to such information; and (4) any such information disclosed to a Federal or State agency shall be confidential to the extent provided by law.
Bill· HRH.R. 859 (104th)referred
United States · United States Congress · 8 February 1995
Rural Emergency Access Care Hospital Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act to: (1) permit certain rural hospitals to serve as rural emergency access care hospitals; and (2) provide for coverage of rural emergency access care hospital services under Medicare part B.
Bill· HRH.R. 861 (104th)referred
United States · United States Congress · 8 February 1995
Military Retiree and Veteran Health Care Act of 1995 - Entitles members and former members of the armed forces and their dependents who are eligible for medical or dental care in any military facility and who are also entitled to health insurance under title XVIII (Medicare) of the Social Security Act to receive medical or dental care in any military facility. Directs the facility providing such services to recover the costs of such care from Medicare Subvention funding. Provides for the deposit of funds received by a military medical facility or Department of Veterans Affairs facility from Medicare Subvention funding for the provision of such care. Allows a covered beneficiary of a member or former member of the armed forces who is also entitled to hospital insurance benefits under Medicare to receive care in a military treatment facility and to have the Medicare hospital insurance benefits paid to such military treatment facility for the care so provided. Provides that, in the case of health care services incurred on behalf of covered beneficiaries, collection may be made from any third party payer, including the appropriate program under Medicare or title XIX (Medicaid) of the Social Security Act. (Currently, collection from a plan administered by Medicare or Medicaid is prohibited.) Prohibits medical or dental care from being provided to an otherwise eligible person at a military treatment facility only if the senior or commanding officer of such facility determines that such facility cannot provide the particular care required because of lack of space or facilities or because such type of care is not provided at such facility. Requires the administering Secretary to be advised immediately when a determination to deny treatment is made, with a verifiable date as to when the restriction will be removed. Amends Medicare provisions to make Department of Defense and Department of Veterans Affairs treatment facilities eligible for Medicare payments as long as they meet requirements applicable to hospitals and skilled nursing facilities under title XVIII.
Bill· HRH.R. 860 (104th)referred
United States · United States Congress · 8 February 1995
Office of Surgeon General Termination Act - Transfers all authorities and personnel of the Office of the Surgeon General of the Public Health Service to the Assistant Secretary for Health of the Department of Health and Human Services. Rescinds all unobligated portions of budget authority allocated for the Office. Terminates the Office and the position of such Surgeon General.
Bill· HRH.R. 851 (104th)referred
United States · United States Congress · 7 February 1995
Rural Telemedicine Act of 1995 - Directs the Secretary of Health and Human Services to establish up to ten pilot projects to investigate, over a three-year period, the effectiveness of the use of rural health care provider telemedicine networks to provide coverage of physician consultative services to individuals in rural areas under part B (Supplementary Medical Insurance Benefits for the Aged and Disabled) of title XVIII (Medicare) of the Social Security Act. Defines a rural health care provider telemedicine network as a network of providers that serves physicians, clinics, and other nontertiary care providers in a health professional shortage or underserved rural area who have entered into agreements with a multispecialty tertiary care provider regarding patient referral and transfer, the use of joint communications systems, and the provision of emergency and nonemergency transportation among the network members. Requires the Secretary to make payments from the Federal Supplementary Medical Insurance Trust Fund, according to a specified methodology, for physicians' services consisting of a professional consultation with an individual or entity furnishing a service for which payment may be made to a Medicare beneficiary in a rural area, notwithstanding that the consulting individual is not at the same location as the individual furnishing the service to the beneficiary. Sets forth criteria for selecting project participants. Authorizes appropriations.
Bill· HRH.R. 835 (104th)referred
United States · United States Congress · 6 February 1995
Lupus Research Amendments of 1995 - Amends the Public Health Service Act to require the Director of the National Institute of Arthritis and Musculoskeletal and Skin Diseases to expand and intensify research and related activities of the Institute with respect to lupus. Requires the Director to: (1) coordinate such activities with similar activities conducted by other national research institutes and agencies of the National Institutes of Health; and (2) conduct or support research to expand the understanding of the causes of, and to find a cure for, lupus, including research to determine the reasons underlying the elevated prevalence of the disease among African-American and other women. Authorizes appropriations.
Bill· HRH.R. 833 (104th)referred
United States · United States Congress · 6 February 1995
Family Planning Amendments Act of 1995- Amends the Public Health Service Act to require family planning grant and contract recipients to provide nondirective counseling and referrals regarding: (1) prenatal care and delivery; (2) infant care, foster care, and adoption; and (3) termination of pregnancy. Allows a provider who objects, on religious or moral grounds, to providing such counseling and referrals to refer the woman to another provider. Requires recipients to: (1) comply with State parental notification or consent laws; and (2) distribute only those condoms meeting current quality and labeling requirements and provide information regarding condom use benefits and risks. Authorizes appropriations. Authorizes appropriations for grants and contracts concerning: (1) training to provide family planning services; and (2) informational and educational materials regarding family planning and population growth.
Bill· HRH.R. 821 (104th)referred
United States · United States Congress · 3 February 1995
Middle Class Regulatory Relief Act of 1995 - Amends Federal law to define "major rule" as a rule or a group of closely related rules that the proposing agency or the President determines is likely to have an annual effect on the economy of $50 million or more in reasonably quantifiable increased costs, or has a significant impact on a sector of the economy. (Sec. 2) Authorizes an agency proposing the rule or the President to designate as a major rule any rule or group of closely related rules which is likely to result in: (1) a substantial increase in costs or prices for wage earners, consumers, individual industries, nonprofit organizations, Federal, State, or local government agencies, or geographic regions; or (2) significant adverse effects on competition, employment, investment, productivity, innovation, the environment, public health or safety, or the ability of enterprises whose principal places of business are in the United States to compete in domestic or export markets. Requires each Federal agency, before publishing notice of proposed rulemaking for any rule, to determine whether the rule is or should be designated major. Requires the agency to issue at the time of the notice of proposed rulemaking a draft cost-benefit analysis which shall be summarized in such notice. Prohibits an agency from promulgating a rule unless it finds that: (1) the rule's potential benefits to society outweigh its costs; and (2) such rule will provide greater net benefits to society than reasonable alternatives, including certain market-based mechanisms. Subjects agency and presidential rule determinations or designations to judicial review. Authorizes any person subject to a major rule to petition the agency or the President to perform a cost-benefit analysis. Requires an agency, before a major rule can become final, to submit to the Congress a copy of the rule and a report containing a concise statement on the rule, a complete copy of the cost-benefit analysis, and the proposed effective date of the rule. Prohibits a rule from becoming final if the Congress passes a joint resolution of disapproval. Prohibits the promulgation of any rule that expands Federal jurisdiction beyond the level of regulatory action needed to satisfy statutory requirements. Requires a court reviewing a final agency action to affirm an agency's interpretation of the statute granting authority to promulgate the rule if, in applying traditional principles of statutory construction, it finds that the interpretation is clearly the interpretation of the statute intended by the Congress. Requires the head of each Federal agency to prepare: (1) a risk assessment for each proposed major rule relating to human health, safety, or natural resources; and (2) for each such proposed or final rule, an assessment of incremental risk reduction or other benefits associated with each significant regulatory alternative to the rule or proposed rule (including a comparison of any human health, safety, or natural resource risks addressed by such alternatives to other relevant risks chosen by the agency heads). Specifies principles for risk assessment, risk characterization, and risk communication, requiring generally that scientific findings and best estimates of risk be distinguished from other considerations. Requires the President to issue a final regulation for agencies to implement risk assessment and risk characterization principles and provide a format for summarizing risk assessment results. Requires an agency head, subject to presidential review, to determine for each major rule that: (1) the risk assessment is based on a scientific evaluation supported by the best available scientific data; and (2) there is no alternative allowed by statute under which the major rule is promulgated that would achieve an equivalent reduction in risk in a more cost-effective and flexible manner. Requires an agency head to prioritize the use of available resources under laws protecting human health and safety or the environment to address the risks to human health, safety, and natural resources that: (1) the agency determines are the most serious; and (2) can be addressed in a cost-effective manner while achieving the greatest overall net reduction in risks with the public and private sector resources to be expended. Requires such priorities to be incorporated into the agency's budget request to the Congress. Directs the President to develop a systematic program for peer review of work products. Requires the President to: (1) establish procedures for agency compliance with this Act; and (2) monitor, review, and ensure such compliance. Authorizes an affected small entity to petition for the judicial review of a final rule with respect to which an agency: (1) has certified that it would not have a significant economic impact on a substantial number of small entities; (2) prepared a final regulatory flexibility analysis.
Bill· HRH.R. 818 (104th)referred
United States · United States Congress · 3 February 1995
Medicaid Equalization Act of 1995 - Amends title XIX (Medicaid) of the Social Security Act to: (1) reduce the maximum Federal medical assistance percentage for a State from 83 percent to 60 percent; and (2) increase by 1.2 percentage points the medical assistance percentage for all States.
Bill· SS. 343 (104th)open
United States · United States Congress · 2 February 1995
Comprehensive Regulatory Reform Act of 1995 - Amends Federal law to define "major rule" as a rule or a group of closely related rules that the proposing agency or the President determines is likely to have an annual effect on the economy of $50 million or more in reasonably quantifiable increased costs, or has a significant impact on a sector of the economy. (Sec. 2) Authorizes an agency proposing the rule or the President to designate as a major rule any rule or group of closely related rules which is likely to result in: (1) a substantial increase in costs or prices for wage earners, consumers, individual industries, nonprofit organizations, Federal, State, or local government agencies, or geographic regions; or (2) significant adverse effects on competition, employment, investment, productivity, innovation, the environment, public health or safety, or the ability of enterprises whose principal places of business are in the United States to compete in domestic or export markets. Requires each Federal agency, before publishing notice of proposed rulemaking for any rule, to determine whether the rule is or should be designated major. Requires the agency to issue at the time of the notice of proposed rulemaking a draft cost-benefit analysis which shall be summarized in such notice. Prohibits an agency from promulgating a rule unless it finds that: (1) the rule's potential benefits to society outweigh its costs; and (2) such rule will provide greater net benefits to society than reasonable alternatives, including certain market-based mechanisms. Subjects agency and presidential rule determinations or designations to judicial review. Authorizes any person subject to a major rule to petition the agency or the President to perform a cost-benefit analysis. Requires an agency, before a major rule can become final, to submit to the Congress a copy of the rule and a report containing a concise statement on the rule, a complete copy of the cost-benefit analysis, and the proposed effective date of the rule. Prohibits a rule from becoming final if the Congress passes a joint resolution of disapproval. Prohibits the promulgation of any rule that expands Federal jurisdiction beyond the level of regulatory action needed to satisfy statutory requirements. Requires a court reviewing a final agency action to affirm an agency's interpretation of the statute granting authority to promulgate the rule if, in applying traditional principles of statutory construction, it finds that the interpretation is clearly the interpretation of the statute intended by the Congress. Requires the President to: (1) establish procedures for agency compliance with this Act; and (2) monitor, review, and ensure such compliance. Authorizes an affected small entity to petition for the judicial review of a final rule with respect to which an agency: (1) has certified that it would not have a significant economic impact on a substantial number of small entities; or (2) prepared a final regulatory flexibility analysis.
Bill· SS. 348 (104th)referred
United States · United States Congress · 2 February 1995
Regulatory Oversight Act of 1995 - Provides for a review by the Congress of rules promulgated by Federal agencies, before such rules take effect as final rules. Requires Federal agencies to submit rules and reports on them, including any cost-benefit analyses, to the Congress. Allows the Congress to stop final implementation of significant rules through a joint resolution of disapproval (and override of any Presidential veto of such resolution). Defines a significant rule as any rule that may have an annual effect on the economy of $100 million or more, or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities.
Bill· HRH.R. 805 (104th)referred
United States · United States Congress · 2 February 1995
TABLE OF CONTENTS: Title I: Physical Capital Investment Subtitle A: Highways and Mass Transit Subtitle B: Airports Subtitle C: Railroads Subtitle D: Water and Sewage Treatment Facilities Subtitle E: Environmental Restoration Subtitle F: Community Development Assistance Subtitle G: Education Infrastructure Subtitle H: Renewable Energy and Energy Efficiency Title II: Human Capital Investment Subtitle A: Job Training Subtitle B: Education Subtitle C: Head Start Subtitle D: Programs Under Public Health Service Act Title III: Amendments of Internal Revenue Code of 1986 Subtitle A: Reduction in Employee Payroll Taxes; Credit for First-Time Homebuyers Subtitle B: Revenue Increases Title IV: Appropriations Job Creation and Invest in America Act of 1995 - Title I: Physical Capital Investment - Subtitle A: Highways and Mass Transit - Amends the Intermodal Surface Transportation Efficiency Act of 1991 to authorize additional appropriations from the Highway Trust Fund (other than the Mass Transit Account) for interstate maintenance, surface transportation, and bridges. (Sec. 1002) Amends the Federal Transit Act to authorize additional appropriations and make available additional funding from the Mass Transit Account for certain formula grants and discretionary grants transit programs. Subtitle B: Airports - Amends the Airport and Airway Improvement Act of 1982 to make available additional amounts for airport improvement program grants (including grants for airport noise compatibility planning). Subtitle C: Railroads - Amends the Department of Transportation Act to increase and extend the authorization of appropriations for local rail freight assistance. Subtitle D: Water and Sewage Treatment Facilities - Amends the Federal Water Pollution Control Act to extend the authorization of appropriations for State water pollution control revolving funds. Subtitle E: Environmental Restoration - Provides funds for environmental restoration at facilities of the Departments of Defense and of Energy. Sets forth various authorizations of appropriations and makes appropriations for such purposes. Subtitle F: Community Development Assistance - Chapter 1: Community Development Block Grants - Authorizes additional appropriations for community development block grants under the Housing and Community Development Act of 1974. Chapter 2: Community Banking and Economic Empowerment Act - Community Banking and Economic Empowerment Act - Directs the Secretary of Housing and Urban Development (HUD) to provide capital, operating, and technical assistance to community development lenders and certain eligible entities in order to: (1) make credit-related services available to low-income persons inadequately served by traditional lending institutions; and (2) promote development and revitalization of low-income neighborhoods. Delineates the purposes for which the Secretary of HUD may provide assistance to community development lenders and to the eligible entities establishing those lenders. Prescribes guidelines for assisted community development lenders, including assistance agreements and auditing procedures. (Sec. 1520) Amends the Community Reinvestment Act to preclude a regulated financial institution from receiving either an "outstanding" or a "satisfactory" rating for meeting community credit needs solely on the basis of its loans or investments in community development lenders. (Sec. 1521) Requires annual reports to the Congress. (Sec. 1524) Authorizes appropriations for: (1) capital and operating assistance for community development lenders; and (2) technical assistance for organizing and operating community development lenders. Subtitle G: Education Infrastructure - Education Infrastructure Act of 1994 - Directs the Secretary of Education to award grants to eligible local educational agencies to meet the National Education Goals through repair, renovation, alteration, and construction of public elementary or secondary school libraries, media centers, or facilities, used for academic or vocational instruction, including certain authorized activities. Authorizes appropriations. (Sec. 1606) Sets forth requirements for: (1) priorities in selection of applications; (2) maintenance of effort, supplementation of non-Federal funds, and general limitations; (3) minority small business participation as project contractors or subcontractors, and payment of wages in accordance with the Davis-Bacon Act; and (4) Federal evaluation. (Sec. 1610) Authorizes the comprehensive regional centers to provide technical assistance to such projects. Subtitle H: Renewable Energy and Energy Efficiency - Authorizes additional appropriations to the Secretary of Energy for renewable energy research, development, and demonstration programs described in specified provisions of the Renewable Energy and Efficiency Technology Competitiveness Act of 1989. (Sec. 1702) Amends the National Energy Conservation Policy Act to increase and extend the authorization of appropriations for the Federal Energy Efficiency Fund and the new technology demonstration program. Title II: Human Capital Investment - Subtitle A: Job Training - Amends the Job Training Partnership Act (JTPA) to establish an allied health professional job training program. Directs the Secretary of Labor to make grants to institutions of higher education to establish job training assistance programs for at-risk youths and long-term welfare recipients to become allied health professionals. Authorizes appropriations. Increases the authorization of appropriations for the following youth job training programs: (1) Youth Fair Chance under JTPA; and (2) Youthbuild under the Homeownership and Opportunity Through HOPE Act. Subtitle B: Education - Extends and increases the authorization of appropriations for certain programs for educational personnel under the Adult Education Act and the Elementary and Secondary Education Act of 1965. Subtitle C: Head Start - Amends the Head Start Act to extend and increase the authorization of appropriations for Head Start programs. Subtitle D: Programs Under Public Health Service Act - Chapter 1: Funding Initiative for Programs Providing Health Services - Authorizes additional appropriations for the following programs under the Public Health Service Act: (1) community health centers; (2) migrant health centers; (3) health care for the homeless; (4) preventive services regarding tuberculosis, breast and cervical cancer, lead exposure, HIV disease, and prostate cancer; (5) immunization; (6) cancer registries; (7) comprehensive school health education; (8) prevention and control of sexually transmitted diseases, diabetes, and injuries; (9) child day care health and safety; (10) asthma; (11) environmental health, including response to urgent environmental threats to public health and environmental services regarding the health of individuals in the United States in the vicinity of the Mexican border; (12) block grants for community mental health services, prevention and treatment of substance abuse, and preventive health services; and (13) scholarship and loan repayment programs of the National Health Service Corps. Authorizes additional appropriations for the maternal and child health block grant program under the Social Security Act. Chapter 2: Community Health Advisor Program - National Community Health Advisor Act - Directs the Secretary of Health and Human Services, for each State or State-designated entity that submits an appropriate application, to award formula grants for the development and operation of community health advisor (CHA) programs. Requires such States to: (1) operate a clearinghouse to maintain and disseminate information on CHA programs; (2) provide technical assistance for training CHAs; and (3) coordinate all CHA activities carried out by the State under the award. Limits administrative costs to 15 percent of the total award. (Sec. 2314) Provides CHA program objectives and goals. Requires funding agreements for such awards to give priority to developing and operating CHA programs for medically underserved communities (poor rural and inner city areas). (Sec. 2315) Requires a State to provide matching funds of 25 percent of award amounts toward such programs. Requires a CHA program in a State to be carried out in at least one urban area and one rural area. Requires ongoing supervision of CHAs involved in the program. Allows for expenditures under the award for training and continuing education programs. Requires reports from State applicants to the Secretary assessing the effectiveness of CHA programs. (Sec. 2317) Provides for the determination of the amount allotted to each chosen applicant, taking into account the population and poverty level of the area involved. (Sec. 2318) Directs the Secretary to establish guidelines for quality assurance and cost-effectiveness of the CHA programs. (Sec. 2319) Requires evaluations of each such program. (Sec. 2320) Prohibits this chapter from being construed to require the Secretary to modify or terminate the Community Health Representative Program of the Indian Health Service. (Sec. 2322) Authorizes appropriations for the CHA program. Title III: Amendments of Internal Revenue Code of 1986 - Subtitle A: Reduction in Employee Payroll Taxes; Credit for First-Time Homebuyers - Amends the Internal Revenue Code (IRC) to provide a refundable credit for a portion of social security taxes for taxable years 1995 and 1996, equal to 20 percent of the taxpayer's social security taxes for that year, up to a maximum credit of $200, or $400 for a joint return. (Sec. 3002) Allows a nonrefundable personal credit for purchase of a principal residence by a first-time homebuyer. Sets such maximum overall credit at no more than $6,000. Subtitle B: Revenue Increases - Amends the IRC to establish a stock transfer excise tax. (Sec. 3102) Repeals a preferential rate of tax on capital gains. (Sec. 3103) Repeals a credit for foreign taxes. (Sec. 3104) Repeals provisions for a deferral of income of controlled foreign corporations. (Sec. 3105) Requires the use of a formulaic approach to clearly reflect income of multinational corporations. (Sec. 3106) Repeals an increase in the basis of property acquired from a decedent. Provides that such basis is to be determined under rules applicable to gifts. (Sec. 3107) Phases in a capital gains tax on inherited property. (Sec. 3108) Provides for an additional exclusion of gain on the sale of a principal residence acquired from a decedent. Title IV: Appropriations - Appropriates amounts authorized under this Act. (Sec. 4002) Designates the entire amount appropriated under this Act as an emergency requirement under the Balanced Budget and Emergency Deficit Control Act of 1985.
Bill· SS. 311 (104th)open
United States · United States Congress · 1 February 1995
Reorganizes the Department of Health and Human Services (HHS) position of Director of Indian Health Services as the Assistant Secretary for Indian Health. Amends the Indian Health Care Improvement Act to reorganize the Indian Health Service as an agency of HHS, moving it from the Public Health Service.
Bill· SS. 321 (104th)referred
United States · United States Congress · 1 February 1995
Federal Adoption Services Act of 1995 - Amends the Public Health Service Act to permit family planning projects to offer adoption services. Requires such services to be nondiscriminatory as to race, color, religion, or national origin.
Bill· SS. 320 (104th)referred
United States · United States Congress · 1 February 1995
Unborn Children's Civil Rights Act - Prohibits funds appropriated by the Congress from being used to take the life of an unborn child, except for those medical procedures required to prevent the death of either the pregnant woman or her unborn child so long as every reasonable effort is made to preserve the life of each. Prohibits the use of such funds to promote, encourage, counsel for, refer for, pay for (including travel expenses), or do research on, abortions. Prohibits the Federal Government from entering into any contract for insurance which provides for payment or reimbursement for abortion services. States that no institution receiving Federal financial assistance shall: (1) discriminate against any employee, applicant, or student on the basis of that person's opposition to abortion; or (2) require any employee or student to participate in abortion procedures. States that attorney's fees shall not be allowed in any civil action involving a law prohibiting or restricting abortions. Provides for Supreme Court review of lower court decisions which declare State and local anti-abortion statutes unconstitutional.
Bill· SS. 308 (104th)referred
United States · United States Congress · 1 February 1995
TABLE OF CONTENTS: Title I: Health Insurance Reform Title II: State Innovation Subtitle A: State Waiver Authority Subtitle B: State Laws Title III: Public Health and Rural and Underserved Access Improvement Title IV: Medical and Health Research Title V: Fraud and Abuse Subtitle A: All-Payer Fraud and Abuse Control Program Subtitle B: Revisions to Current Sanctions for Fraud and Abuse Subtitle C: Civil Monetary Penalties Subtitle D: Payments for State Health Care Fraud Control Units Title VI: Revenue Provisions Subtitle A: Financing Provisions Subtitle B: Health Care Reform Trust Fund Health Partnership Act of 1995 - Title I: Health Insurance Reform - Directs the Secretary of Health and Human Services to request the National Association of Insurance Commissioners (NAIC) to develop standards for health insurance plans with respect to: (1) the renewability and portability of coverage; (2) guaranteed issue with respect to all health insurance coverage products; (3) the establishment of an adjusted community rating system with adjustment factors limited to age; (4) solvency; (5) stop-loss standards for self-funded health insurance plans and multi-employer welfare arrangements and association plans; (6) the identification of minimum employer size for self-funding and the interrelationship between self-funding and the community-rated pool of enrollees; and (7) other appropriate areas. Requires the Secretary to develop such standards if the NAIC fails to do so. (Sec. 1002) Revises provisions regarding Medicare supplemental policies. Title II: State Innovation - Subtitle A: State Waiver Authority - Includes within the objectives of the waiver programs approved under this title: (1) achieving the goals of increased health coverage and access; (2) containing the annual rate of growth in health care expenditures; (3) ensuring patients receive high-quality, appropriate health care; and (4) testing alternative reforms. Authorizes States to apply to the Secretary for alternative State health program waivers or limited State health care waivers. Directs the Secretary to establish a State Health Reform Advisory Commission to monitor the status and progress achieved under waivers and to promote information exchange between States and the Federal Government. Requires the Board to make recommendations to the Secretary and the Congress with respect to minimizing the negative effect of State waivers on national employer groups, provider organizations, and insurers because of differing State requirements under waivers. Permits the Secretary to revoke any waiver of Federal law granted under this subtitle and to terminate any alternative State health program for good cause. Authorizes grants to States for carrying out alternative State health programs. Directs the Secretary to: (1) grant priority to State projects that have the greatest opportunity to succeed in providing expanded health insurance coverage and access and in providing children, youth, and vulnerable populations with access to health care items and services; and (2) attempt to link allocations to States to the meeting of goals and performance measures relating to health care coverage, access, costs, and outcomes and vulnerable populations through the State project application process. Permits local governments to submit such applications if a State fails to do so or if a local government can demonstrate unique demographic needs or a significant population size that warrants a substate waiver. Earmarks funds for such grants from the Health Care Reform Trust Fund. Subtitle B: State Laws - Part A: Existing Waivers and Hawaii Prepaid Health Care Act - Continues certain existing waivers for States from requirements of titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act and the Employee Retirement Income Security Act of 1974 (ERISA). Part B: Erisa Review - Amends ERISA to make certain ERISA preemptions of State laws regarding retirement income security inapplicable, upon application of a State, to State programs that: (1) require participation in an uncompensated care pool; (2) provide for the imposition of a specified tax on health care providers; or (3) implement an exemption as provided by this Act. (Sec. 2112) Directs the ERISA Review Commission to make recommendations to the Secretary of Labor with respect to: (1) uniform data collection concerning use, cost, and quality information and requiring common claims processing; (2) the authority of States to establish interim minimum benefits packages until implementation of a national uniform benefits plan; (3) the application of preemption rules only to self-insured employers which have more than a minimum number of employees; (4) the authority of States to regulate the quality of managed care plans which contract with self-insured plans; (5) State health care financing programs, including taxes on health services and employers to provide for coverage; (6) rate setting by hospital reimbursement systems; (7) the authority of States to require employers to pay for or offer health benefits; (8) the authority of the Federal Government to provide remedies and consumer protections to beneficiaries of self-insured plans; (9) the authority of States to require self-insured plans to participate in purchasing cooperatives and risk adjustment systems; (10) a national uniform benefits plan applicable to all health plans; and (11) unresolved issues. Sets forth requirements with respect to the implementation of such recommendations. (Sec. 2113) Establishes the Commission. Authorizes appropriations. Title III: Public Health and Rural and Underserved Access Improvement - Public Health and Rural and Underserved Access Improvement Act of 1995 - Amends the Public Health Service Act to authorize appropriations for grants to States for core functions of public health programs. Includes within such core functions: (1) data collection and analytical activities related to population-based status and outcomes monitoring; (2) activities to reduce environmental risk and to assure the safety of housing, schools, workplaces, day-care centers, and food and water; (3) investigation, control, and public-awareness activities regarding adverse health conditions; (4) public information and education programs to reduce health risks; (5) public health laboratory services that screen for diseases and conditions; (6) training and education in the field of public health; and (7) leadership, policy development, and administration activities. (Sec. 3002) Authorizes appropriations for grants to States for evaluating the extent to which clinical preventive services, health promotion and unintentional injury prevention activities, and interpersonal and community violence prevention activities achieve health care cost reductions and health status improvement. Directs the Secretary to issue practice guidelines that are based on the results of such evaluations. Authorizes appropriations for: (1) scholarships and loan repayment programs for individuals attending schools of public health; (2) grants to expand the capacity of certain educational institutions with public health programs; (3) grants to expand public health training programs in States lacking adequate programs; (4) area health education centers and health education training centers; (5) activities regarding centers for the prevention and treatment of poisoning and control of poisons; (6) certain school-related health services; (7) grants to migrant and community health centers; (8) the National Health Service Corps; (9) satellite clinics to provide primary health care; and (10) community health advisor programs. Title IV: Medical and Health Research - Medical and Health Research Act of 1995 - Establishes a National Fund for Health Research in the Treasury. (Sec. 4003) Amends the Internal Revenue Code to designate overpayments of tax or cash contributions to be paid over to the National Fund for Health Research. Title V: Fraud and Abuse - Health Fraud and Abuse Reduction Act of 1995 - Subtitle A: All-Payer Fraud and Abuse Control Program - Directs the Secretary and the Attorney General to establish: (1) an all-payer fraud and abuse control program; and (2) by regulation, standards to carry out the program. Authorizes appropriations as necessary to conduct investigations and audits of such fraud and abuse and to carry out such program. Establishes the Health Care Fraud and Abuse Control Account from which funds shall be available to carry out the program. Subtitle B: Revisions to Current Sanctions for Fraud and Abuse - Revises sanctions under the Social Security Act with respect to health care fraud and abuse. Subtitle C: Civil Monetary Penalties - Revises provisions of the Social Security Act regarding civil penalties for health care fraud violations. Subtitle D: Payments for State Health Care Fraud Control Units - Requires each State to establish and maintain a State agency to act as a Health Care Fraud and Abuse Control Unit. Sets forth: (1) requirements for such units; and (2) provisions providing for payments to the States for such units. Title VI: Revenue Provisions - Subtitle A: Financing Provisions - Increases the excise tax on the following tobacco and tobacco-related products: (1) cigarettes; (2) cigars; (3) cigarette papers and tubes; and (4) smokeless and pipe tobacco. (Sec. 6001) Imposes a tax on tobacco products and cigarette papers and tubes manufactured or imported into Puerto Rico. Provides a floor stocks tax on tobacco products and cigarette papers and tubes manufactured in or imported into the United States or Puerto Rico which are removed before any tax-increase date and held on such date for sale. Bars a tax on cigarettes held for retail sale on any tax-increase date by any vending machine. Provides a tax credit against floor stocks taxes. Establishes conditions under which articles in foreign trade zones shall be subject to such taxes. (Sec. 6003) Imposes a tax on roll-your-own tobacco manufactured in or imported into the United States. Subtitle B: Health Care Reform Trust Fund - Establishes the Health Care Reform Trust Fund in the Treasury and provides for the deposit into such Fund of amounts received from taxes on tobacco products.
Bill· HRH.R. 787 (104th)referred
United States · United States Congress · 1 February 1995
Prohibits a State from discriminating against a dental health care professional on the basis that such individual is a resident of another State or is licensed to perform dental services in another State when considering such individual's application for a license to perform such services. Authorizes aggrieved individuals and the Attorney General to bring civil actions against States violating such prohibition.
Bill· HRH.R. 777 (104th)referred
United States · United States Congress · 1 February 1995
Medicaid Mammography Coverage Act of 1995 - Amends title XIX (Medicaid) of the Social Security Act to provide Medicaid coverage of screening mammographies for women aged 35 and older. Varies the permissible frequency of such covered tests on the basis of a woman's age and her risk of developing breast cancer. Directs the Secretary of Health and Human Services to periodically review and revise permissible frequencies of such tests. Makes such coverage mandatory. Prohibits imposition of charges against beneficiaries for such services. Provides for a 100 percent Federal match for such screening mammography services.
Bill· HRH.R. 779 (104th)referred
United States · United States Congress · 1 February 1995
Medicare Prostate Cancer Screening Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of prostate cancer screening tests.
Bill· HRH.R. 778 (104th)referred
United States · United States Congress · 1 February 1995
Equal Access to Annual Screening Mammography Act of 1995 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to revise the breast cancer screening benefit to cover on an annual basis (currently, biennial) routine breast cancer screening for women aged 65 and older (thus covering them on the same basis as those aged 49 through 64).
Bill· HRH.R. 780 (104th)referred
United States · United States Congress · 1 February 1995
Medicaid Prostate Cancer Screening Act of 1995 - Amends title XIX (Medicaid) of the Social Security Act to provide for Medicaid coverage of prostate cancer screening tests. Makes such coverage mandatory. Provides for a 100 percent Federal match for costs of such prostate cancer screening tests.
Bill· HRH.R. 770 (104th)referred
United States · United States Congress · 1 February 1995
Forest Fire and Pest Emergency Act - Declares that the reduction of natural fuels on Federal lands within California that have been identified as extreme fire risk constitutes an emergency action to prevent or to reduce risk to public health or safety or to serious resource loss. Directs Federal agencies to work with State agencies to identify areas of extreme fire risk and take action to reduce natural fuels. Authorizes the use of emergency fire suppression funds to reduce natural fuels in such areas, provided that reductions in the Sierra forests are consistent with the fuels management guidelines of the California Spotted Owl EA or subsequent EIS and that fuels reduction activities in roadless areas preserve such area's unique characteristics. Directs the Forest Service to prepare a budget request declaring an emergency in areas identified as requiring additional treatments due to drought or pest infestation on national forest lands. Directs Federal agencies to prepare and submit to the Congress a strategic fire plan and annual budget.
Bill· SS. 298 (104th)referred
United States · United States Congress · 31 January 1995
Equitable Health Care for Severe Mental Illnesses Act of 1995 - Declares that it is the policy of the United States that: (1) persons with severe mental illnesses must not be discriminated against in health care; and (2) health care coverage, provided through any financing, must provide for the treatment of severe mental illnesses in a way that is equitable and commensurate with that provided for other major illnesses. Requires health care coverage, in order to be considered nondiscriminatory and equitable under this Act, to cover services that are essential to the effective treatment of severe mental illnesses in a manner that: (1) is not more restrictive than coverage provided for other major physical illnesses; (2) provides adequate financial protection to the person requiring the medical treatment for a severe mental illness; and (3) is consistent with effective and common methods of controlling health care costs for other major physical illnesses.
Bill· HRH.R. 761 (104th)referred
United States · United States Congress · 31 January 1995
AIDS Cure Act - Requires the President to direct the Secretary of Health and Human Services to establish a project to develop a cure for acquired immune deficiency syndrome (AIDS). Prohibits the program from being administered by any officer or employee of the National Institutes of Health. Requires the Governing Council established in this Act to ensure that the project: (1) pursues comprehensive basic science investigations, based on diverse theories and schools of thought which elucidate the pathogenesis of AIDS; and (2) identifies, based on this work, all promising curatives and oversees their timely and adequate testing. Establishes a Governing Council to set policy and oversee research priorities, ethical standards, conflict of interest rules, and hiring of researchers and administrators. Establishes a coordinating committee to facilitate communication among the different scientists working on the project, evaluate the progress of its work, and convene the entire staff on a regular schedule (or when necessary) to evaluate the progress of the project as a whole, identify gaps in research, reevaluate its direction, and consider newly developed theories emanating from both within and outside the project. Requires the Secretary to convene a one-time national AIDS Congress solely to make recommendations to the President for selecting the Governing Council. Grants the Secretary extraordinary powers in carrying out such project, including the power to exercise the right of eminent domain to obtain samples of potential curatives and data on their development. Vests power in the Congress to reauthorize the project after five years of operation.
Bill· HRH.R. 759 (104th)open
United States · United States Congress · 31 January 1995
TABLE OF CONTENTS: Title I: Capping the Aggregate Growth of Welfare Spending Title II: Empowering Taxpayers to Participate in Poverty Relief Efforts Title III: Promoting Strong Families and Parental Responsibility Common Sense Welfare Reform Act of 1995 - Title I: Capping the Aggregate Growth of Welfare Spending - Establishes a cap on the growth of total Federal spending on certain welfare programs. (Sec. 101) Subjects to such spending limit the following programs: (1) the welfare block grant program established under this Act; (2) Head Start programs under the Head Start Act; (3) cash, medical, and social services assistance programs for refugees and entrants under Immigration and Nationality Act and the Refugee Education Assistance Act of 1980; (4) the special supplemental food program for women, infants, and children under the Child Nutrition Act of 1966; (5) programs providing general assistance to Indians under the Snyder Act; (6) programs providing Indian health services under the Indian Health Care Improvement Act; (7) programs providing Indian housing improvement grants; and (8) programs providing Indian and Native American employment training. Provides for reconciliation of such spending growth limits through specified procedures for allocations and reductions based on spending caps, and through consultation with specified congressional committees. (Sec. 102) Entitles each State to an annual welfare block grant payment based on a specified formula under a five-year program. Establishes the Welfare Revolving Fund. (Sec. 103) Eliminates certain welfare programs, under the following categories: (1) cash aid (Social Security Act (SSA) programs for Aid to Families with Dependent Children, Supplemental Security Income, foster care and adoption assistance, and grants to territories for aid to the aged, blind, or disabled); (2) medical aid (SSA program for maternal and child health services block grants, and Public Health Service Act programs for community health centers and migrant health centers); (3) food aid (the entire Food Stamp Act of 1977 and its food stamp program, the school lunch program under the National School Lunch Act (NSLA), the entire Emergency Food Assistance Act of 1983 and its emergency food assistance program, nutrition programs for the elderly under the Older Americans Act of 1965, the school breakfast program under the Child Nutrition Act of 1966 (CNA), and other specified child and adult food programs); (4) housing aid (certain rental assistance and public housing programs under the United States Housing Act of 1937, certain interest reduction assistance under the National Housing Act, rent supplement assistance under the Housing and Urban Development Act of 1968, and Housing Act of 1949 programs for specified rural housing and rental assistance); (5) energy aid (the entire Low-Income Home Energy Assistance Act of 1981 and its low-income home energy assistance programs, and the weatherization assistance program under the Energy Conservation and Production Act); (6) education aid (Higher Education Act of 1965 programs for Pell grants, Federal supplemental educational opportunity grants, Federal TRIO programs, grants to States for State student incentives, and grants to institutions and consortia to encourage women and minority participation in graduate education, and Elementary and Secondary Education Act of 1965 programs for improving local education agency basic programs for disadvantaged and for migratory children); (7) jobs and training aid (Job Training Partnership Act programs for adult training, summer youth employment and training, the Job Corps, and Native Americans and migrant and seasonal farmworkers, the older American community service employment program under the Older Americans Act of 1965, and the JOBS program under SSA); (8) social services (SSA block grants to States for social services, the entire Community Services Block Grant Act (except specified provisions) and its community services block grant program, the entire Legal Services Corporation Act of 1974 and its legal services program, the FEMA emergency food and shelter program under the Stewart B. McKinney Homeless Assistance Act, PHSA programs of research regarding family planning and population issues and of voluntary family planning projects, and the entire Domestic Volunteer Service Act of 1973); and (9) community aid (community development block grants and urban development action grants under the Housing and Community Development Act of 1974, and the entire Appalachian Regional Development Act of 1965 with its Appalachian regional development program (terminating the Appalachian Regional Development Commission)). Revises the Older Americans Act of 1965 with respect to supportive services for older individuals to include a Senior Opportunities and Services program. (Sec. 104) Requires the use for deficit reduction of all savings to the Federal Government resulting from the spending cap imposed under this Act. Prohibits the use of such savings to fund increased spending under any programs that are not subject to the spending cap. Provides that budgetary effects resulting from enactment of this title shall not be counted under the Balanced Budgetary and Emergency Deficit Control Act of 1965 with respect to deficit amounts in excess of the statutory maximum (paygo scorecard) which trigger an offsetting sequestration. Title II: Empowering Taxpayers to Participate in Poverty Relief Efforts - Amends the Internal Revenue Code (IRC) to allow an individual tax credit for charitable contributions to certain private charities providing assistance to the poor. Title III: Promoting Strong Families and Parental Responsibility - Amends the IRC to allow an additional earned income credit for married individuals. (Sec. 302) Directs the Secretary of the Treasury to establish a system for the reporting of information relating to child support obligations of employees. Amends SSA title VI part D (Child Support and Establishment of Paternity) to require a State role in such system. (Sec. 303) Amends SSA title VI part D to require: (1) State registries of child support orders; and (2) certain procedures for accessibility of State information relating to child support. (Sec. 304) Expands the Parent Locator Service. Directs the Secretary of Health and Human Services to establish an Interstate Local Network linking the Parent Locator Service and all State databases relating to child support enforcement. Requires prescription of regulations governing information sharing among States, within States, and between States and the Parent Locator Service. (Sec. 305) Requires certain State procedures for collection and distribution of child support through income withholding. Provides for development of a uniform withholding order. Requires States to have laws requiring employers to withhold child support pursuant to uniform withholding orders. (Sec. 306) Requires development of a uniform abstract of a child support order for use by all State courts to record specified information with respect to each child support order in the registry.
Bill· SS. 293 (104th)reported
United States · United States Congress · 30 January 1995
Authorizes the Secretary of Veterans Affairs to pay each State a per diem rate for each veteran receiving adult day health care in a State home. Includes the construction of adult day health care facilities in the authorized use of funds under a program authorizing the Secretary to provide grants to States for the construction of State veterans' nursing home or hospital care facilities.
Bill· SS. 294 (104th)referred
United States · United States Congress · 30 January 1995
TABLE OF CONTENTS: Title I: Health Insurance Market Reform Subtitle A: Insurance Market Standards Subtitle B: Establishment and Application of Standards Subtitle C: Definitions Title II: Grants to States for Small Group Health Insurance Purchasing Arrangements Title III: Tax Incentives to Encourage the Purchase of Health Insurance Title IV: Incentives to Increase the Access of Rural and Underserved Areas to Health Care Title V: Quality and Consumer Protection Subtitle A: Quality Improvement Foundations Subtitle B: Administrative Simplification Subtitle C: Privacy of Health Information Subtitle D: Health Care Fraud Prevention Title VI: Malpractice Reform Title VII: Health Promotion and Disease Prevention Title VIII: Tax Incentives for Long-Term Care Subtitle A: Tax Treatment of Long-Term Care Insurance Subtitle B: Standards for Long-Term Care Insurance Subtitle C: Incentives to Encourage the Purchase of Private Insurance Subtitle D: Effective Date Title IX: Budget Neutrality Access to Affordable Health Care Act - Title I: Health Insurance Market Reform - Subtitle A: Insurance Market Standards - Prohibits discrimination by a health plan based on health status, except as specified. (Sec. 1002) Provides for guaranteed issue and renewal in both the small and large group market, subject to the following exceptions: (1) capacity limits; (2) nonpayment of premiums; and (3) fraud or misrepresentation. (Sec. 1003) Provides for the development of rating limitations by the National Association of Insurance Commissioners (NAIC). (Sec. 1004) Directs the Secretary of Health and Human Services (the Secretary), in consultation with the NAIC and others, to establish minimum guidelines for the issuance by each State of delivery system quality standards. (Sec. 1005) Requires each health plan offering coverage in the small group market to participate in a risk adjustment program. Subtitle B: Establishment and Application of Standards - Deems a requirement or standard on a health plan under this Act to be a requirement or standard imposed on the insurer or sponsor of such plan. Prohibits any requirement of this title from being construed as preempting any State law unless such State law directly conflicts with such requirement. Subtitle C: Definitions - Sets forth definitions used in this title and title II. Title II: Grants to States for Small Group Health Purchasing Arrangements - Directs the Secretary to make grants to States that submit applications meeting specified requirements for the establishment and operation of small group health insurance purchasing arrangements. Authorizes appropriations. Title III: Tax Incentives to Encourage the Purchase of Health Insurance - Amends the Internal Revenue Code to permanently extend and increase to 100 percent the deduction for health insurance costs of self-employed individuals. (Sec. 3002) Provides a credit for a percentage of qualified health insurance expenses. Title IV: Incentives to Increase the Access of Rural and Undeserved Areas to Health Care - Provides for a nonrefundable credit of up to $12,000 annually for a primary health services provider who has not received a National Health Service Corps scholarship and who serves in a health professional shortage area. Increases, by $10,000, the amount which may be expensed in the case of health care property used to provide primary health care services in a health professional shortage area. (Sec. 4003) Amends the Public Health Service Act to direct the Secretary to make grants to federally qualified health centers (FQHCs) and other entities submitting applications for the purpose of providing access to services for medically undeserved populations or in high impact areas not being served by a FQHC. Sets forth grant eligibility requirements. Authorizes appropriations. (Sec. 4004) Revises the authorizations of appropriations for the National Health Service Corps Scholarship Program and area health education centers. (Sec. 4005) Makes the head of the Office of Rural Health Policy an Assistant Secretary. (Sec. 4006) Directs the Prospective Payment Assessment Commission to study the need for legislation or regulations to ensure that vulnerable populations have access to health plans and health care providers and services. Title V: Quality and Consumer Protection - Subtitle A: Quality Improvement Foundations - Directs the Secretary to award demonstration grants for the establishment and operation of quality improvement foundations. Authorizes appropriations. Subtitle B: Administrative Simplification - Provides for the establishment of standards and requirements for the electronic transmission of certain health information, including information under the Medicare and Medicaid programs. Sets: (1) timetables for the adoption of such standards and requirements; and (2) penalties for failure to comply with such standards and requirements. Authorizes appropriations. Subtitle C: Privacy of Health Information - Sets forth provisions concerning the disclosure of health information generally and for: (1) specific disclosures relating to the patient; (2) oversight, public health, and research purposes; (3) judicial, law enforcement, and administrative purposes; (4) disclosure pursuant to a government subpoena or warrant; and (5) disclosure pursuant to party subpoena. (Sec. 5236) Sets forth procedures for ensuring the security of protected information, including standards for electronic disclosures. (Sec. 5256) Sets forth civil and criminal sanctions for privacy violations. Subtitle D: Health Care Fraud Prevention - Health Care Fraud Prevention Act of 1995 - Directs the Secretary and the Attorney General to establish: (1) an all-payer fraud and abuse control program; and (2) by regulation, standards to carry out the program. Authorizes appropriations as necessary to conduct investigations and audits of such fraud and abuse and to carry out such program. Establishes the Health Care Fraud and Abuse Control Account from which funds shall be available to carry out the fraud and abuse control program. (Sec. 5312) Amends part A (General Provisions) of Title 11 (General Provisions and Peer Review) of the Social Security Act to provide for the application criminal and civil health fraud and abuse sanctions under such Act to any health plan. (Sec. 5331) Directs the Secretary to establish a national health care fraud and abuse data collection program to report final adverse actions against health care providers, suppliers, or practitioners. (Sec. 5351) Amends Federal criminal law to set penalties for health care fraud and related offenses. (Sec. 5361) Requires each State to establish and maintain a State agency to act as a Health Care Fraud and Abuse Control Unit. Sets forth: (1) requirements for such units; and (2) provisions providing for payments to the States for such units. Title VI: Malpractice Reform - Directs the Secretary to establish a program of grants to assist States in establishing alternative dispute resolution systems. Authorizes appropriations. Sets forth the requirements for such systems. Directs the Secretary to establish an Alternative Dispute Resolution Advisory Board to advise the Secretary regarding the establishment of such systems. Provides for the establishment of an alternative Federal Dispute Resolution System for States not having a their own certified system. Requires the Secretary to report to the Congress concerning such systems. Title VII: Health Promotion and Disease Prevention - Permits an income tax deduction for qualified expenditures for disease prevention and health promotion programs. (Sec. 7002) Directs the Secretary to award grants to States in order to provide assistance to businesses with not to exceed 100 employees for the establishment and operation of worksite wellness programs. (Sec. 7003) Authorizes appropriations to expand comprehensive school health education programs administered by the Centers for Disease Control and Prevention under the Public Health Service Act. Title VIII: Tax Incentives for Long-Term Care - Private Long-Term Care Family Protection Act of 1995 - Subtitle A: Tax Treatment of Long-Term Care Insurance - Amends the Internal Revenue Code to permit a deduction for qualified long-term medical care services and insurance covering medical care, if such insurance is provided under a qualified long-term care policy. (Sec. 8102) Provides, under the Internal Revenue Code, for the treatment of: (1) a qualified long-term care insurance policy as an accident and health insurance contract; (2) amounts received under such a policy as amounts received for personal injuries and sickness; (3) amounts paid for such a policy as amounts payments made for medical insurance; and (4) such a policy as a guaranteed renewable contract. Sets forth provisions for the treatment of long-term care coverage provided as a rider on a life insurance contract. (Sec. 8105) Treats distributions from a life insurance contract on the life of a terminally ill individual as amounts paid by reason of the insured's death. Subtitle B: Standards for Long-Term Care Insurance - Provides for the appointment of a National Long-Term Care Insurance Advisory Council. (Sec. 8202) Imposes a specified tax on the issuer of any qualified long-term care insurance policy which fails to meet certain model regulation and disclosure requirements. Subtitle C: Incentives to Encourage the Purchase of Private Insurance - Amends title XIX (Medicaid) of the Social Security Act to provide for the disregard of certain assets and resources for the purposes of the Medicaid estate recovery provisions. (Sec. 8302) Provides for the exclusion from gross income of distributions from an IRA, if such distributions are used to purchase long-term care insurance by an individual over the age of 59 and one- half. Allows for distributions from qualified retirement plans, without the imposition of the ten percent penalty, if such distributions are for medical care or for the purchase of long-term care insurance. Subtitle D: Effective Date - Sets forth effective date provisions. Title IX: Budget Neutrality - Provides for the budget neutrality of this Act.
Bill· HRH.R. 741 (104th)open
United States · United States Congress · 30 January 1995
TABLE OF CONTENTS: Title I: Family Investment Program and Other Welfare Reform Title II: Improvements in the Collection of Child Support Title III: Welfare Restrictions for Aliens Welfare to Self-Sufficiency Act of 1994 (sic) - Title I: Family Investment Program and Other Welfare Reform - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act (SSA) to require State AFDC plans in States without a waiver from the Secretary of Health and Human Services (Secretary) to provide for a program in which the State agency negotiates an agreement with each family on AFDC outlining the steps non-exempt family members must take. Includes among such steps participation in education or job training programs, or in substance abuse treatment or parenting programs, in order to attain self-sufficiency within a certain period. Requires supplemental services, such as transportation and child care, when necessary for achieving such goal, as well as support and case management when adapting such agreement for changing family circumstances. Requires the State agency to offer such families enrollment in a limited benefit plan under which benefits are suspended after six months, and in which families failing to comply with the agreement are automatically enrolled. (Sec. 101) Requires the Secretaries of Health and Human Services, of Labor, and of Education to ensure appropriate coordination in the planning, development, and operation of the family investment program above and other specified programs, including the JOBS program under SSA title IV part F (Job Opportunities and Basic Skills Training Program) in order to improve departmental services and reduce program overlap and administrative costs. (Sec. 102) Makes numerous miscellaneous amendments to SSA title IV part A. Provides States with various specified options for moving AFDC recipients towards self-sufficiency, including options for: (1) increasing asset limits and disregards for work expenses, earned income, and automobiles; (2) disregarding interest income and certain earned income of new employees and dependent children as well as certain income and resources related to microenterprise and other employment and self-sufficiency initiatives; and (3) requiring certain unemployed parents to participate in job search and training activities. Eliminates the earned income disregard time limitation and various work-related requirements with regard to unemployed parent households. Provides for the inclusion of microenterprise training and activities in the JOBS program, and makes various specified changes with regard to program job searches, work assignments, and grievance procedures. (Sec. 106) Requires pregnant AFDC recipients to participate in the JOBS program. Changes payment formulae for the JOBS program and child care. Increases the JOBS program's authorization. (Sec. 109) Extends transitional child care benefits and the disregards for earned income and child care to non-recipient stepparents. Provides for timely preventive health care for children of AFDC recipients. (Sec. 110) Directs the Secretary to establish wage supplementation demonstration projects for certain AFDC-eligible individuals to provide an incentive to work. Title II: Improvements in the Collection of Child Support - Amends SSA title IV part D (Child Support and Establishment of Paternity) and the Internal Revenue Code to provide for the establishment of a system under which the Internal Revenue Service (IRS) would collect child support via wage withholding and estimated tax payments and disperse it as appropriate. Requires the entire amount of child support owed to be paid to the IRS by the end of the applicable tax year along with the individual's tax return. Subjects delinquent individuals to generally the same penalties applicable to back taxes. (Sec. 203) Gives States the option of periodically making available for publication the identity of individuals at least three months behind in child support payments. Title III: Welfare Restrictions for Aliens - Declares that no AFDC, Medicaid, food stamp, supplemental security income, or Federal unemployment compensation benefits shall be available to an unlawful alien, except pursuant to the Immigration and Nationality Act. (Sec. 301) Requires that any lawful alien receiving any such benefits for 12 months be reported to the Immigration and Naturalization Service (INS) and be treated as a public charge. Requires attribution of a sponsor's or spouse's income and resources to a family preference alien as unearned income and resources until such alien achieves U.S. citizenship. (Sec. 302) Requires the State AFDC agencies to provide information on illegal aliens to the INS.