Healthcare

Records whose title is actually about this topic. Use a country filter if the list is still too broad.

401 records in US in 1998

Records

Bill· SS. 1808 (105th)referred

Children's Health Insurance Accountability Act of 1998

United States · United States Congress · 20 March 1998

Children's Health Insurance Accountability Act of 1998 - Amends the Public Health Service Act to require, if a group health plan (or a health insurer in connection with health insurance) requires or permits an enrollee to designate a participating primary care provider for the enrollee's child: (1) that the enrollee be permitted to designate a pediatrics specialist; and (2) if the enrollee has not designated the child's provider, that the plan consider pediatric expertise in mandatorily assigning a primary provider. Mandates that a plan or insurer, when required, refer a child to a participating specialist (or, if no participating specialist is available, to a nonparticipating specialist) with extensive experience or training who is available and accessible regarding the condition involved. Mandates a procedure for designation of a specialist as a primary provider for a child needing prolonged specialized care. Mandates standing referrals and treatment plans in certain circumstances. Requires that the plan or insurer ensure a sufficient number, distribution, and variety of providers. Requires that, if a plan or insurer provides emergency service coverage for children, that the coverage be without prior authorization, whether or not the provider is participating, and without regard to any other term or condition of coverage, subject to exception. Requires that the existence of an emergency medical condition be judged from the standard of a prudent layperson. Mandates coverage of otherwise-covered services provided as maintenance or post-stabilization care covered under the guidelines of title XVIII (Medicare) of the Social Security Act. Prohibits an insurer from imposing cost sharing for pediatric specialty services that exceed the cost sharing for other specialty care. Requires special consideration for children with special health care needs. Mandates continuity of care when a contract between an insurer and a provider is terminated. Requires an insurer to: (1) maintain an ongoing internal quality assurance program and conduct utilization review activities, both meeting specified minimum requirements; (2) maintain a complaint and appeal system; (3) provide for an independent external review process; and (4) provide specified information to enrollees, prospective enrollees, and the public. Allows State provisions at least as stringent on insurers as the requirements of this Act. Amends the Employee Retirement Income Security Act of 1974 (ERISA) to apply the amendments above to ERISA as if they were incorporated into ERISA. Mandates studies and reports regarding: (1) unique characteristics of illness, disability, and injury in children; (2) the development of measures of quality of care and outcomes regarding children's health care; (3) children's access to primary mental health services and the coordination of managed behavioral health services; (4) the structure and performance of non-governmental health plans, Medicaid (title XIX of the Social Security Act) managed care organizations, Medicaid plans, and the program under title XXI (Children's Health Insurance) of the Social Security Act serving the needs of children with special health care needs; (5) the structure and performance of non-governmental plans in serving children's needs as compared to Medicaid managed care organizations; and (6) the emphasis that private managed care plans place on primary care and the control of services as it relates to care and services provided to children with special health care needs.

Bill· SS. 1797 (105th)reported

Reduction in Tobacco Use and Regulation of Tobacco Products in Indian Country Act of 1998

United States · United States Congress · 19 March 1998

Reduction in Tobacco Use and Regulation of Tobacco Products in Indian Country Act of 1998 - Makes the provisions of any Act enacted to effect the national tobacco settlement agreement of June 20, 1997, applicable to the manufacture, distribution, or sale of tobacco or tobacco products within the boundaries of Indian reservations or on lands within the jurisdiction of an Indian tribe or organization, with exceptions for religious or traditional uses. Makes Indian tribes or organizations that engage in the manufacture of tobacco products subject to liability for any fee payments levied on other manufacturers for purposes of any tobacco trust fund. Subjects tribes or organizations that do not pay to surcharges applicable to nonparticipating manufacturers under Acts effecting the settlement. Requires the Secretary of Health and Human Services to promulgate regulations to waive requirements of the Federal Food, Drug, and Cosmetic Act (FDCA) with respect to tobacco products manufactured, distributed, or sold on Indian reservations or lands, as appropriate to comply with this Act. Provides that responsibility for enforcing such regulations with respect to tobacco-related activities that take place on Indian reservations or lands shall vest in: (1) the Indian tribe or organization involved; (2) the State within which the lands of the tribe or organization are located pursuant to a voluntary cooperative agreement; or (3) the Secretary. Directs the Secretary to: (1) provide assistance to Indian tribes or organizations for meeting and enforcing requirements under such regulations, subject to eligibility requirements; and (2) implement and enforce such regulations on behalf of tribes or organizations that are unwilling or unqualified to do so. Applies requirements of the FDCA or any Act effecting the settlement with respect to licensing of tobacco retailers to retailers on Indian reservations or lands. Directs the Secretary to: (1) promulgate regulations to authorize Indian tribes or organizations to implement tobacco product licensing programs on Indian reservations or lands; and (2) implement such requirements on behalf of unqualified tribes or organizations. Requires the terms and standards contained in the model State law in any Act effecting the settlement to constitute the minimum Federal regulations that tribes or organizations must enact to assume responsibility for licensing and regulation or tobacco-related activities. Requires the Secretary to award grants to Indian tribes or organizations with approved anti-smoking plans. Reduces the public health payment otherwise payable to the State in which the service areas of such tribes or organizations are located by the amount of such grants. Requires grants to be used to reimburse tribes for smoking-related health expenditures. Makes amounts available from the tobacco trust fund for the Indian Health Service and Indian tribes and organizations for reducing tobacco consumption, promoting smoking cessation, and funding related activities.

Bill· SS. 1804 (105th)referred

Affordable Health Insurance Act of 1998

United States · United States Congress · 19 March 1998

Affordable Health Insurance Act of 1998 - Amends the Public Health Service Act to limit the premiums an insurer may charge for new or renewal individual enrollment for an individual who is eligible because of prior group coverage. Adds the same limit to provisions relating to State flexibility in individual market reforms.

Bill· HRH.R. 3511 (105th)open

To amend title XI of the Social Security Act to authorize the Secretary of Health and Human Services to provide additional exceptions to the imposition of civil money penalties in cases of payments to beneficiaries.

United States · United States Congress · 19 March 1998

Amends title XI of the Social Security Act to revise the definition of remuneration to: (1) repeal the current exclusion from its meaning of certain differentials in coinsurance and deductible amounts as part of a basic plan design as long as they are disclosed in writing to all beneficiaries, third party payers, and providers to whom claims are presented; and (2) replace it with the exclusion of any permissible payment practice. Revises the advisory opinion authority of the Secretary of Health and Human Services with respect to prohibited remuneration to reflect this Act.

Bill· HRH.R. 3514 (105th)referred

Violence Against Women Act of 1998

United States · United States Congress · 19 March 1998

TABLE OF CONTENTS: Title I: Continuing the Commitment of the Violence Against Women Act Subtitle A: Law Enforcement and Prosecution Grants to Combat Violence Against Women Subtitle B: National Domestic Violence Hotline Subtitle C: Battered Women's Shelters and Services Subtitle D: Community Initiatives Subtitle E: Education and Training for Judges and Court Personnel Subtitle F: Grants to Encourage Arrest Policies Subtitle G: Rural Domestic Violence and Child Abuse Enforcement Subtitle H: National Stalker and Domestic Violence Reduction Subtitle I: Federal Victims' Counselors Subtitle J: Education and Prevention Grants to Reduce Sexual Abuse of Runaway, Homeless, and Street Youth Subtitle K: Victims of Child Abuse Programs Title II: Limiting the Effects of Violence of Children Subtitle A: Safe Havens for Children Subtitle B: Violence Against Women Prevention Among Youth in Schools Subtitle C: Family Safety Subtitle D: Domestic Violence and Children Subtitle E: Child Welfare Worker Training on Domestic Violence and Sexual Assault Subtitle F: Child Abuse Accountability Title III: Sexual Assault Prevention Subtitle A: Rape Prevention Education Subtitle B: Standards, Practice and Training for Sexual Assault Examinations Subtitle C: Prevention of Custodial Sexual Assault by Correction Staff Subtitle D: Hate Crimes Prevention Title IV: Domestic Violence Prevention Subtitle A: Domestic Violence Victims' Housing Subtitle B: Full Faith and Credit for Protection Orders Subtitle C: Victims of Abuse Insurance Protection Subtitle D: National Summit on Sports and Violence Subtitle E: Keeping Firearms From Intoxicated Persons Subtitle F: Access to Safety and Advocacy Subtitle G: Federal Witness Protection for Victims of Domestic Violence Title V: Violence Against Women in the Military System Subtitle A: Civil Jurisdiction for Crimes of Sexual Assault and Domestic Violence Subtitle B: Transitional Compensation and Health Care for Abused Dependents of Members of the Armed Forces Title VI: Preventing Violence Against Women in Traditionally Underserved Communities Subtitle A: Older Women's Protection From Violence Subtitle B: Protection Against Violence and Abuse for Women with Disabilities Subtitle C: Battered Immigrant Women Subtitle D: Conforming Amendments to the Violence Against Women Act Title VII: Violence Against Women and the Workplace Subtitle A: National Clearinghouse on Domestic Violence and Sexual Assault and the Workplace Grant Subtitle B: Victims' Employment Rights Subtitle C: Workplace Violence Against Women Prevention Tax Credit Subtitle D: Battered Women's Employment Protection Subtitle E: Education and Training Grants to Promote Responses to Violence Against Women Subtitle F: Workers' Compensation Title VIII: Educational Institutions and Violence Against Women Subtitle A: Grants to Reduce Violent Crimes Against Women on Campus Subtitle B: Student Safety Subtitle C: Violence against Women Training for Health Professions Subtitle D: Campus Hate Crimes Right to Know Title IX: Violence Against Women Intervention, Prevention, and Education Research Violence Against Women Act of 1998 - Title I: Continuing the Commitment of the Violence Against Women Act - Subtitle A: Law Enforcement and Prosecution Grants to Combat Violence Against Women - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (the Act) to authorize appropriations for grants to combat violent crimes against women. (Sec. 102) Revises grant allocation guidelines governing prosecution grants, victims' services and State court systems. Expands grant purposes to include training that addresses sexual assault, domestic violence, and stalking for State, local, and tribal judicial personnel. Directs the Attorney General to deny State grant applications that fail to provide documentation of collaborative efforts with other agencies or organizations. Redefines "victims' services" to include advocacy and assistance for victims seeking legal, social, and health care services. (Sec. 103) Directs the Attorney General to make grants to State domestic violence and sexual assault coalitions for purposes of coordinating with: (1) victim services activities; and (2) Federal, State, and local entities engaged in violence-against-women activities. Subtitle B: National Domestic Violence Hotline - Amends the Family Violence Prevention and Services Act (FVPSA) to authorize increased appropriations for the national domestic violence hotline grant. Requires grantees to submit a grant evaluation report to the Secretary of Health and Human Services (the HHS Secretary) for publication and public comment as a prerequisite to a grant award or renewal. Subtitle C: Battered Women's Shelters and Services - Battered Women's Shelters and Services Act - Amends the FVPSA to authorize appropriations for State grants. Modifies guidelines governing: (1) allotment of appropriations; (2) grants for information and technical assistance centers; and (3) authorization of appropriations. (Sec. 123) Instructs the HHS Secretary to award grants for: (1) State domestic violence coalitions and local domestic violence programs providing shelter or related assistance, in order to develop model strategies to address domestic violence in underserved populations; (2) each State domestic violence coalition for an emergency assistance fund for domestic violence victims; and (3) technical assistance and training for State and local domestic violence programs. Subtitle D: Community Initiatives - Authorizes appropriations for demonstration grants for community initiatives. Subtitle E: Education and Training for Judges and Court Personnel - Amends the Equal Justice for Women in the Courts Act of 1994 to permit training grants for judges and court personnel to include: (1) child custody, visitation, and safety issues raised by domestic violence and child sexual assault; and (2) the extent to which addressing domestic violence and victim safety contributes to the efficient administration of justice. Authorizes appropriations. Subtitle F: Grants to Encourage Arrest Policies - Amends the Act to reauthorize appropriations to implement the functions of the Bureau of Justice Statistics. (Sec. 153) Mandates that at least five percent of appropriated funds be used for grants to Indian tribal governments to treat domestic violence as a serious violation of criminal law. Subtitle G: Rural Domestic Violence and Child Abuse Enforcement - Amends the Safe Homes for Women Act of 1994 to authorize appropriations for rural domestic violence and child abuse enforcement. Mandates that five percent of such funds be used for grants to Indian tribal governments. Subtitle H: National Stalker and Domestic Violence Reduction - Amends the Safe Homes for Women Act of 1994 to authorize appropriations for grants to enter stalking and domestic violence data into crime information databases. Subtitle I: Federal Victims' Counselors - Amends the Safe Streets for Women Act of 1994 to authorize appropriations for the United States Attorneys to appoint Victim-Witness counselors for the prosecution of domestic violence and sexual assault crimes. Subtitle J: Education and Prevention Grants to Reduce Sexual Abuse of Runaway, Homeless, and Street Youth - Amends the Runaway and Homeless Youth Act to authorize appropriations for street-based outreach and education to prevent sexual abuse and exploitation. Subtitle K: Victims of Child Abuse Programs - Amends the Victims of Child Abuse Act of 1990 to authorize appropriations for: (1) the court-appointed special advocate program; and (2) child abuse training programs for judicial personnel and practitioners. (Sec. 191-3) Amends the Act to authorize appropriations for grants for closed-circuit televising of testimony of child abuse victims. Title II: Limiting the Effects of Violence on Children - Subtitle A: Safe Havens for Children - Authorizes the Attorney General to award grants to public or private nonprofit nongovernmental entities to establish and operate supervised visitation centers. Authorizes appropriations. Subtitle B: Violence Against Women Prevention Among Youth in Schools - Authorizes appropriations for the Secretary of Education to implement a program in primary, middle, and secondary schools to educate young people about violence against women. Subtitle C: Family Safety - Family Safety Act - Amends the Parental Kidnapping Prevention Act of 1980 to include among its purposes: (1) the promotion of cooperation between State and tribal courts to protect parents and children from domestic violence or sexual assault; (2) the promotion of realistic and protective standards for interstate relocation when parents dispute custody; (3) the avoidance of jurisdictional conflicts between State courts in matters of child custody and visitation consistent with not endangering or inappropriately punishing parents who are victims of domestic violence, or children who are victims of sexual assault. (Sec. 233) Amends Federal criminal law to provide as a defense to prosecution of either a criminal custodial interference or parental abduction charge, or criminal contempt of court relating to an underlying child custody or visitation determination, that the defendant was fleeing an incident or pattern of domestic violence or sexual assault of the child, or would otherwise have a defense under the International Parental Kidnapping Prevention Act. Directs the Attorney General to issue guidelines to assist U.S. Attorneys and the Federal Bureau of Investigation to determine whether to initiate or terminate an action due to the potential availability of such defense. (Sec. 234) Amends the Judicial Code to declare that the intent of full faith and credit doctrine in child custody determinations is to preempt inconsistent State law. Declares that a protection order regarding custody and visitation of a minor child that is consistent with this Act shall be given full faith and credit by the courts of any State where the party who sought the order seeks enforcement. Modifies State court jurisdiction guidelines governing: (1) relocation of the child due to domestic violence or sexual assault; and (2) court authority to decline to exercise jurisdiction on behalf of parents engaged in specified conduct. Subtitle D: Domestic Violence and Children - Expresses the sense of the Congress that for purposes of determining child custody: (1) it is in the best interest of children to have a presumption that their main physical residence should be with their primary caretaker parent unless such parent is unfit; (2) child abuse and sexual abuse allegations should be fully investigated regardless of when raised, or whether the child has withdrawn the allegation; (3) States should not order specified measures if they may endanger either parent or child; and (4) States should provide training to all relevant professionals on how domestic violence and sexual assault affects determinations of custody, child support, and visitation. Subtitle E: Child Welfare Worker Training on Domestic Violence and Sexual Assault - Directs the Attorney General to make grants jointly with the HHS Secretary to enable child welfare service agencies to train their staffs and modify their policies, procedures, programs, and practices in order to make them consistent with specified principles and goals. Sets forth grantee eligibility criteria. Authorizes appropriations. Subtitle F: Child Abuse Accountability - Child Abuse Accountability Act - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code of 1986 to permit the assignment or alienation of any pension benefit payable to a participant pursuant to a qualified child abuse order. Exempts qualified child abuse orders from preemption by ERISA. Title III: Sexual Assault Prevention - Subtitle A: Rape Prevention Education - Amends the Public Health Service Act to require the use of certain State funds for rape prevention and education programs conducted by rape crisis centers and nonprofit State sexual assault coalitions for specified programs. (Sec. 301) Instructs the HHS Secretary to establish a National Resource Center on Sexual Assault to provide resource information, policy, training, and technical assistance to Federal, State, and Indian tribal agencies, State and local sexual assault coalitions and programs, and to other interested parties. Mandates that State grantors ensure that at least 25 percent of the funds are devoted to educational programs targeted for middle school, junior high, and high school aged students. Authorizes appropriations. Subtitle B: Standards, Practice, and Training for Sexual Assault Examinations - Standards, Practice, and Training for Sexual Assault Examinations Act - Directs the Attorney General to: (1) evaluate standards of training and practice for licensed health care professionals performing sexual assault forensic examinations, and develop a national recommended training standard; (2) recommend sexual assault examination training for health care students to improve recognition of injuries suggestive of rape and sexual assault; and (3) establish a mechanism for nationwide dissemination of a national protocol on sexual assault for forensic examinations. Authorizes appropriations. Subtitle C: Prevention of Custodial Sexual Assault by Correctional Staff - Prevention of Custodial Sexual Assault by Correctional Staff Act - Directs the Attorney General to establish and disseminate to the States certain guidelines regarding the prevention of custodial sexual misconduct by correctional staff. Requires withholding of specified correctional facilities funds from any State that fails to implement: (1) such guidelines; or (2) criminal penalties explicitly prohibiting custodial sexual misconduct by correctional staff against prisoners. (Sec. 335) Directs the Attorney General to create a national, confidential, toll-free telephone hotline to collect data, and to provide information and assistance to prisoners who have experienced custodial sexual misconduct by corrections staff. Authorizes appropriations. Subtitle D: Hate Crimes Prevention - Hate Crimes Prevention Act of 1998 - Amends Federal criminal law to establish criminal penalties for willfully causing bodily injury because of a person's race, color, religion, or national origin. (Sec. 345) Directs the United States Sentencing Commission to study the issue of adult recruitment of juveniles to commit hate crimes, and, where appropriate, to amend Federal sentencing guidelines to provide sentencing enhancements for adult defendants who do such recruiting. (Sec. 346) Directs the Administrator of the Department of Justice Office of Juvenile Justice and Delinquency Prevention to make grants to State and local programs to combat hate crimes committed by juveniles. (Sec. 347) Authorizes appropriations for the Department of the Treasury and the Department of Justice (including the Community Relations Service), to increase the number of personnel to prevent and respond to such hate crimes. Title IV: Domestic Violence Prevention - Subtitle A: Domestic Violence Victims' Housing - Domestic Violence Victims Housing Act - Authorizes appropriations under the United States Housing Act of 1937 solely for public housing agencies and qualified nonprofit organizations to provide tenant-based rental assistance for families leaving a residence due to domestic violence. Subtitle B: Full Faith and Credit for Protection Orders - Amends Federal criminal law to require the Attorney General to reduce the amount of certain grants to any State that fails to comply with Federal full faith and credit requirements for protection orders. (Sec. 412) Authorizes the Attorney General to provide grants to assist governmental entities to develop and strengthen law enforcement and recordkeeping strategies to enforce protective orders issued by other governmental entities. Authorizes appropriations. Subtitle C: Victims of Abuse Insurance Protection - Victims of Abuse Insurance Protection Act - Prohibits an insurer from denying or restricting insurance coverage on the basis that the applicant or insured (or any employee or associated person) is, has been, or may be the subject of abuse or has incurred or may incur abuse-related claims. Confers enforcement jurisdiction upon the Federal Trade Commission. Authorizes a private cause of action by an applicant or insured adversely affected by a violation of this Act. Subtitle D: National Summit on Sports and Violence - Expresses the sense of the Congress that: (1) a national summit should be promptly convened to develop a multifaceted action plan to deter acts of violence, especially domestic violence and sexual assault; (2) the members of such summit should include sports, community, political, and media leaders, as well as Members of Congress and other governmental and community leaders with relevant expertise; and (3) summit members should assume leadership roles deterring acts of domestic violence and sexual assault. Subtitle E: Keeping Firearms from Intoxicated Persons - Amends Federal criminal law to declare unlawful the transfer of a firearm or ammunition to any person reasonably believed to be intoxicated. Subtitle F: Access to Safety and Advocacy - Access to Safety and Advocacy Act - Authorizes the Attorney General to make grants to designated grantees and services to improve legal assistance to victims of domestic violence through access to the justice system, legal advocacy, and representation. Authorizes appropriations. Subtitle G: Federal Witness Protection for Victims of Domestic Violence - Amends Federal criminal law to include victims of domestic violence within the Federal Witness Protection Program. Title V: Violence Against Women in the Military System - Subtitle A: Civilian Jurisdiction for Crimes of Sexual Assault and Domestic Violence - Amends Federal criminal law to declare that domestic violence and sexual assault offenses committed by persons formerly serving with, or presently employed by or accompanying the armed forces outside of the United States shall be subject to prosecution in the Federal District Court of the jurisdiction of origin of the person arrested. Provides for concurrent jurisdiction with other military tribunals and foreign governments. (Sec. 502) Amends Federal law governing separation from the armed forces to mandate that: (1) a copy of records of any penal action taken against the departing member of the armed forces be transmitted to the Director of the Federal Bureau of Investigation (FBI); and (2) any member convicted by court-martial of an offense of a sexual nature provide whatever specimen is necessary to conduct DNA analysis for inclusion in the Combined DNA Identification System of the FBI. Subtitle B: Transitional Compensation and Health Care for Abused Dependents of Members of the Armed Forces - Revises Federal guidelines governing transitional compensation and health care for abused dependents of former members of the armed forces. Mandates that an abused dependent of a former member be furnished with medical, dental, and mental health care in uniformed services' facilities with the same eligibility and benefits as were applicable during the former member's active service. Title VI: Preventing Violence Against Women in Traditionally Underserved Communities - Subtitle A: Older Women's Protection From Violence - Older Women's Protection From Violence Act - Chapter 1: Violence Against Women Act of 1994 - Amends the Violence Against Women Act of 1994 to direct the Attorney General to: (1) make grants to law school clinical programs to fund the inclusion of cases addressing issues of elder abuse, neglect, and exploitation, including domestic violence, and sexual assault against older individuals; and (2) develop curricula and provide for training programs in those issues for law enforcement officers and prosecutors. Authorizes appropriations. Chapter 2: Family Violence Prevention and Services Act - Amends the Family Violence Prevention and Services Act to require federally-funded State domestic violence coalitions to include within their scope of activities programs targeted to older individuals, including outreach, support groups, and counseling. (Sec. 604-3) Authorizes entities eligible for a community initiatives demonstration grant to include representatives of adult protective services entities. Chapter 3: Older Americans Act of 1965 - Amends the Older Americans Act of 1965 to direct the Assistant Secretary of Health and Human Services for Aging to consider the importance of research about the sexual assault of older women when establishing research priorities for grants or contracts for research and demonstration projects on elder abuse. (Sec. 605-3) Authorizes appropriations without fiscal year limitation for grants to implement a State long-term care ombudsman program. (Sec. 605-4) Directs such Assistant Secretary to develop curricula and implement continuing education training programs to improve the ability of health care and social services providers to recognize and address instances of elder abuse. (Sec.605-5) Directs the Assistant Secretary, when making grants and contracts, to give special consideration to projects designed to: (1) expand access to domestic violence shelters and programs for older individuals and encourage the use of certain facilities as emergency short-term shelters; and (2) promote research on legal, organizational, or training impediments to providing services to older individuals through shelters and programs. (Sec. 605-6) Authorizes appropriations for the ombudsman and the elder abuse prevention program. (Sec. 605-7) Directs the HHS Secretary to make grants to: (1) nonprofit private organizations to support projects in local communities to coordinate activities for intervention in and prevention of elder abuse, including domestic violence and sexual assault; and (2) develop outreach programs for assisting victims of elder abuse, including some for assisting individuals in certain senior housing facilities. Authorizes appropriations. Chapter 4: Public Health Service Act - Elder Abuse Identification and Referral Act of 1998 - Amends the Public Health Service Act to instruct the HHS Secretary, when awarding grants or contracts, to give preferences to health professions schools or programs that condition the awarding of their degrees or certificates upon significant student training in specified areas of elder abuse identification and treatment. Subtitle B: Protection Against Violence and Abuse for Women with Disabilities - Protections Against Violence and Abuse for Women with Disabilities Act - Makes the protection of women with disabilities eligible for grants and research under the following Acts: (1) the Omnibus Crime Control and Safe Streets Act of 1968; (2) Public Health and Human Services Act; (3) Family Violence Prevention and Services Act; (4) Safe Homes for Women Act of 1994; and Equal Justice for Women in the Courts Act of 1994. (Sec. 617) Authorizes the HHS Secretary to: (1) develop curricula and implement training programs to improve the ability of social service and health providers to recognize and address domestic violence directed against women with disabilities; and (2) make grants and enter into contracts for such training programs for health professionals. Authorizes appropriations. (Sec. 619) Directs the HHS Secretary to consider the importance of research about the sexual assault of, and violence against, women with disabilities in establishing certain research priorities. (Sec. 619-1) Authorizes the Attorney General to establish a grants program for States and nongovernmental private entities to provide education and technical assistance for information dissemination on abuse and violence against women with disabilities. Authorizes appropriations. Subtitle C: Battered Immigrant Women - Battered Immigrant Women's Protection Act - Expresses the sense of the Congress that it is contrary to the law enforcement purposes of the Violence Against Women Act for State law enforcement officers, prosecutors, or judges to: (1) inquire into the immigration status of a domestic violence victim who is seeking protection from crimes of domestic violence, battering, or extreme cruelty to herself or her children; and (2) report such victims to the Immigration and Naturalization Service. (Sec. 623) Amends the Immigration and Nationality Act to revise guidelines governing a battered spouse or child with respect to: (1) cancellation of removal and adjustment of status; (2) ineligibility for visas or admission; (3) procedures for granting immigrant status; (4) general classes of deportable aliens; (5) status adjustment of nonimmigrant to that of person admitted for permanent residence; (6) removal proceedings; and (7) married persons and employees for certain nonprofit organizations. (Sec. 630) Authorizes the Attorney General to grant certain battered applicants documentation signifying authorization of employment during the pendency of their application. (Sec. 631) Amends the Privacy Act of 1974 to permit Federal agency disclosure of records to the spouse or child of a naturalized citizen or lawful permanent resident who requests information from the Immigration and Naturalization Service regarding the immigration status of their spouse or parent, or who needs to obtain documentation for an immigration case or domestic violence-related judicial procedure. Excludes from such disclosure the records of victims of battering or extreme cruelty by a spouse or parent. (Sec. 632) Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to redefine "qualified alien" to include certain battered aliens for purposes of welfare and public benefits eligibility. Amends the Housing and Community Development Act of 1980, the Social Security Act, and the United States Housing Act of 1937, to declare restrictions on the use of assisted housing inapplicable to certain battered aliens. (Sec. 633) Amends the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1998 to provide that requirements and restrictions placed upon Legal Services Corporation funding shall not be construed to prohibit a recipient from providing related legal assistance to certain aliens who have been battered or subjected to extreme cruelty. (Sec. 634) Amends the Act to require each branch of the U.S. military to train its supervisory military officers in domestic violence dynamics in military families, and the protections available for battered immigrant women and children. Expands the purposes of training grants to combat violent crimes against women to include: (1) training immigration and asylum officers and judges; and (2) training justice system personnel on the judicial ramifications of the Violence Against Women Act, and the potential immigration consequences for perpetrators of domestic violence. (Sec. 635) Amends the Immigration and Nationality Act to express the intent of the Congress that statutory constraints upon the powers of immigration personnel not be construed as discouraging crime and domestic violence victims from reporting crimes to the police, from cooperating in criminal prosecutions, or from obtaining the legal relief needed for protection from ongoing violence. Subtitle D: Conforming Amendments to the Violence Against Women Act - Amends the Act to make technical and conforming amendments with respect to law enforcement and prosecution grants. Title VII: Violence Against Women and the Workplace - Subtitle A: National Clearinghouse on Domestic Violence and Sexual Assault and the Workplace Grant - Authorizes the Attorney General to award a grant to a private non-profit entity, including one operating within the boundaries of an Indian reservation, to provide for establishment of a national clearinghouse and resource center to disseminate information and assistance to employers and labor organizations responding to victims of domestic violence and sexual assault. Authorizes appropriations. Subtitle B: Victims' Employment Rights - Victims' Employment Rights Act - Prohibits an employer from taking any adverse job action against an employee based upon such employee's status, experience, or condition as a victim of crime, even if the crime alleged does not result in criminal prosecution or conviction. Prohibits any adverse job action for an employee's participation in related judicial proceedings requiring absence from work. Prescribes enforcement guidelines, including civil action by an affected employee for actual and treble punitive damages. Subtitle C: Workplace Violence Against Women Prevention Tax Credit - Workplace Violence Against Women Prevention Tax Credit Act - Amends the Internal Revenue Code to allow an employer a workplace safety program tax credit for 40 percent of the costs of implementing workplace safety and education programs to combat violence against women. Subtitle D: Battered Women's Employment Protection - Battered Women's Employment Protection Act - Amends the Internal Revenue Code of 1986 to provide for unemployment compensation for separation from employment as a direct result of an employee's experience of domestic violence. (Sec. 743) Amends the Social Security Act to provide for the training of claims reviewers and hearing personnel in the nature and dynamics of domestic violence, and in methods of ascertaining and keeping confidential information about domestic violence experiences so that employment separations stemming from such violence are identified and adjudicated while full confidentiality is provided for the employee's claim and submitted evidence. (Sec. 744) Amends the Family and Medical Leave Act of 1993 and the provisions concerning Federal employees to establish an entitlement for leave resulting from certain domestic violence situations. Prescribes confidentiality guidelines for an employee's situation of domestic violence. Requires that employees, under State law, be permitted to use existing leave for domestic violence situations. Empowers the Secretary of Labor to enforce the entitlement for leave due to an employee's domestic violence situation. Subtitle E: Education and Training Grants to Promote Responses to Violence Against Women - Authorizes the Attorney General to award grants to public and private nonprofit, nongovernmental organizations for the education and training of individuals who, as a result of their employment responsibilities, are likely to come into contact with victims of domestic violence or sexual assault. Authorizes appropriations. Subtitle F: Workers' Compensation - Expresses the sense of the Congress that State workers' compensation laws should: (1) provide benefits to eligible female victims of workplace violence, including full compensation for physical and nonphysical injuries; and (2) permit the employee to pursue an action at law (other than statutory workers' compensation benefits) against an employer's role in the act of workplace violence. Title VIII: Educational Institutions and Violence Against Women - Subtitle A: Grants to Reduce Violent Crimes Against Women on Campus - Amends the Act to authorize Department of Education grants to institutions of higher education for campus personnel and student organizations, and nonprofit, nongovernmental victim services programs to provide personnel, training, technical assistance, data collection, and other equipment for the more widespread apprehension, investigation, and adjudication of persons committing violent crimes against women on campus. (Sec. 801) Authorizes the Secretary of Education to request any Federal agency to use its authorities and resources in support of campus security, investigation, and victim services efforts. (Sec. 802) Directs the Secretary to provide for, and report to the Congress on, a national baseline study of university campus procedures when receiving a sexual assault report. Subtitle B: Student Safety - Student Safety Act - Amends the Higher Education Act of 1965 to: (1) revise guidelines governing crime logs and annual statistics of criminal offenses on campus; (2) exclude from educational records open to parental review specified records of campus disciplinary proceedings or criminal activity; and (3) modify eligibility criteria for Federal student financial aid services to require institution certification of comprehensive and accurate crime statistics. (Sec. 815) Requires the Attorney General and the Secretary of Education to publish annually and transmit to certain congressional committees and the general public a report identifying model programs for improving campus safety. Subtitle C: Violence Against Women Training for Health Professions - Violence Against Women Training for Health Professions Act - Amends the Public Health Service Act to direct the HHS Secretary, when making health care grants for rural areas, to give preference to a health professions entity that requires, as a condition of receiving a degree or certificate, each student to have had significant training in identification, examination, treatment, and referral of victims of domestic violence and sexual assault. Subtitle D: Campus Hate Crimes Right to Know - Campus Hate Crimes Right To Know Act - Amends the Higher Education Act of 1965 to mandate the separate collection and categorization of on-campus criminal offenses statistics that manifest prejudice based on race, gender, religion, sexual orientation, ethnicity, or disability. Title IX: Violence Against Women Intervention, Prevention, and Education Research - Amends the Violence Against Women Act of 1994 to direct the HHS Secretary and the Attorney General to establish a multi-agency task force coordinating research on violence against women. Authorizes appropriations. (Sec. 901) Directs the Department of Health and Human Services to make grants to entities to: (1) support research to further the understanding of the causes of violent behavior against women; and (2) evaluate education, prevention, and intervention programs. Authorizes appropriations. Directs the Departments of Health and Human Services and of Justice to make grants to domestic violence and sexual assault organizations, research organizations and academic institutions to expand knowledge about violence against women, with a particular emphasis on exploring such issues as they affect underserved communities. Authorizes appropriations. Directs the United States Sentencing Commission to study and report to the Congress on specified aspects of domestic violence. Directs the Secretary to award grants to designated entities to gather data on the experiences of women and girls who become pregnant as a result of sexual assault within State health care, judicial, and social services systems. Authorizes appropriations. Instructs the Attorney General to conduct a national study and report to the Congress on laws regarding rape and sexual assault offenses and their effectiveness in addressing those crimes and protecting the victims. Authorizes appropriations. Directs the Secretary and the Attorney General to establish three research centers to: (1) support the development of research and training programs that focus on violence against women; (2) provide collaboration mechanisms between researchers and practitioners; and (3) provide technical assistance for integrating research into service provision. Authorizes appropriations.

Bill· HRH.R. 3523 (105th)referred

Health Care Claims Guidance Act

United States · United States Congress · 19 March 1998

Health Care Claims Guidance Act - Amends Federal law relating to claims against the U. S. Government to prohibit any action under such provisions based on a claim submitted: (1) under a federally funded health care program unless the amount of damages alleged is a material amount; (2) in reliance on erroneous information supplied by a Federal agency or in reliance on written statements of Federal policy which affects such claim provided by a Federal agency; or (3) by a person that is in substantial compliance with a model compliance plan issued by the Secretary of Health and Human Services (in consultation with the Secretary of Defense). Requires that the Government prove an allegation of a false health care claim by clear and convincing evidence. Defines, for the amendments made by this Act, "federally funded health care program" to mean a program that provides health benefits, directly or otherwise, established under Social Security Act titles XVIII (Medicare), XIX (Medicaid), or XXI (Children's Health Insurance) or provisions of Federal law relating to the armed forces.

Bill· SS. 1770 (105th)referred

An Act to elevate the position of Director of the Indian Health Service within the Department of Health and Human Services to Assistant Secretary for Indian Health, and for other purposes.

United States · United States Congress · 17 March 1998

Reorganizes the Department of Health and Human Services (HHS) position of Director of the Indian Health Service 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. 1768 (105th)open

1998 Emergency Supplemental Appropriations Act for Recovery From Natural Disasters, and for Overseas Peacekeeping Efforts

United States · United States Congress · 17 March 1998

TABLE OF CONTENTS: Title I: Emergency Supplemental Appropriations for Recovery from Natural Disasters, and for Overseas Peacekeeping Efforts, for the Fiscal Year Ending September 30, 1998, and for Other Purposes Chapter 1: Subcommittee on Agriculture, Rural Development, and Related Agencies Chapter 2: Subcommittee on Defense Chapter 3: Subcommittee on Energy and Water Development Chapter 4: Subcommittee on Interior and Related Agencies Chapter 5: Subcommittee on Labor, Health and Human Services, and Education, and Related Agencies Chapter 6: Subcommittee on the Legislative Branch Chapter 7: Subcommittee on Military Construction Chapter 8: Subcommittee on Transportation and Related Agencies Chapter 9: Subcommittee on Treasury and General Government Chapter 10: Subcommittee on VA, HUD, and Independent Agencies Chapter 11: Offsets and Rescissions Title II: General Provisions--This Act 1998 Emergency Supplemental Appropriations Act for Recovery From Natural Disasters, and for Overseas Peacekeeping Efforts - Title I: Emergency Supplemental Appropriations for Recovery from Natural Disasters, and for Overseas Peacekeeping Efforts, for the Fiscal Year Ending September 30, 1998, and for Other Purposes - Chapter 1: Subcommittee on Agriculture, Rural Development, and Related Agencies - Makes emergency supplemental appropriations for FY 1998 for the Department of Agriculture for: (1) departmental administration; (2) the Office of the General Counsel; (3) the Farm Service Agency for the Agricultural Credit Insurance Fund Program Account; (4) the Emergency Conservation Program; (5) the Commodity Credit Corporation Fund for the implementation of a dairy and livestock disaster assistance program; and (6) the Natural Resources Conservation Service for watershed and flood prevention operations. Requires certain funds for employment and training under the Food Stamp Program to remain available until expended. Makes additional funds available for certain salaries and expenses of the Food and Drug Administration. Chapter 2: Subcommittee on Defense - Makes additional funds available to the Department of Defense (DOD) for: (1) military personnel, Army, Navy, Marine Corps, and Air Force and reserve personnel, Navy; (2) operation and maintenance (O&M), Army, Navy, Air Force, Army Reserve, Air Force Reserve, and Army National Guard as well as defense-wide O&M; (3) the Overseas Contingency Operations Transfer Fund; (4) the Navy Working Capital Fund; (5) the Defense-wide Working Capital Fund; and (6) the Defense Health Program. Makes additional funds available for overseas humanitarian, disaster, and civic aid. (Sec. 203) Urges the President to: (1) encourage other nations to contribute to preventing Iraq from using weapons of mass destruction; and (2) seek contributions to help defray the costs being incurred in this operation. Provides for the establishment of a special account in the Treasury to receive such contributions. Directs the Secretary of Defense to report to the Congress on the status of such effort and the results obtained in sharing the burden of common defense. Requires the Director of the Office of Management and Budget to report to the Congress on the establishment of the burden-sharing account. Chapter 3: Subcommittee on Energy and Water Development - Makes additional funds available to the Army Corps of Engineers for construction and O&M related to emergency repairs due to flooding and other natural disasters. Makes additional appropriations for the Department of Energy for atomic energy defense weapons activities and departmental administration to cover increases in the cost of Work for Others. (Sec. 302) Amends the Emergency Drought Relief Act of 1996 to direct the Secretary of the Interior to extend the period for repayment by the city of Corpus Christi, Texas, and the Nueces River Authority relating to the Nueces River reclamation project, Texas, until: (1) August 1, 2029, for repayment of the municipal and industrial water supply benefits of the project; and (2) August 1, 2044, for repayment of the fish, wildlife, and recreation benefits of the project. Requires the Secretary to extend the period for repayment by the Canadian River Municipal Water Authority relating to the Canadian River reclamation project, Texas, until October 1, 2021. (Sec. 303) Bars the Army Corps of Engineers, before final disposition of the civil action, Bonnichsen v. United States, from authorizing any action to stabilize, cover, or permanently alter land within 100 yards of where Kennewick Man remains were found unless the court determines such an action to be reasonable and necessary. Chapter 4: Subcommittee on Interior and Related Agencies - Makes additional funds available to the Department of the Interior for: (1) the U.S. Fish and Wildlife Service and the National Park Service (NPS) for construction expenses related to repair of damage caused by floods and other natural disasters; (2) the U.S. Geological Survey for surveys, investigations, and research related to emergency expenses resulting from floods and other natural disasters; (3) the Minerals Management Service for royalty and offshore minerals management for increased demand and workload requirements stemming from leasing activity in the Gulf of Mexico; (4) the Abandoned Mine Reclamation Fund, to be derived from a transfer of funds; and (5) the Bureau of Indian Affairs (BIA) for operation of Indian programs and the Office of Special Trustee for American Indians for Federal trust programs to support litigation involving individual Indian trust fund accounts. Makes additional funds available to the Forest Service for State and private forestry and the National Forest System for emergency expenses resulting from natural disaster damages. Makes an additional amount available for the Indian Health Service for suicide prevention counseling. (Sec. 404) Petroglyph National Monument Boundary Adjustment Act - Requires the Secretary, acting through the Director of the NPS, and the city of Albuquerque, New Mexico, to enter into negotiations for the management of storm water runoff and drainage within the Petroglyph National Monument. Directs the city of Albuquerque to provide design specifications to the Secretary prior to the initiation of construction within a specified corridor. Amends the Petroglyph National Monument Establishment Act of 1990 to remove a requirement that lands within the Monument boundary owned by the State of New Mexico or a political subdivision be acquired only by donation or exchange. Bars any land owned by New Mexico or a political subdivision from being acquired by purchase before: (1) the land is identified by New Mexico or the political subdivision for disposal; or (2) two years have elapsed after the date on which the Secretary has made a final offer to acquire all remaining private land at fair market value. Adjusts the boundary of the Monument to exclude the Paseo Del Norte corridor in the Piedras Marcadas Unit. Provides that the inclusion of such corridor within the Monument boundary before this Act's enactment shall have no effect on any future ownership, use, or management of the corridor. (Sec. 405) Permits the Chief of the Forest Service to authorize and execute any projects, including timber sales, that were previously scheduled for initiation or completion in FY 1998 or 1999 or that may be scheduled hereafter, notwithstanding any moratorium on construction of roads in roadless areas within the National Forest System. Provides funding to States for any previously scheduled projects. Directs the Chief, during such moratorium, to report to the Appropriations Committees on: (1) whether standards and guidelines in existing land and resource management plans compel or encourage entry into roadless areas within the National Forest System for purposes of constructing roads or undertaking any other ground-disturbing activities; (2) all roads within the System and the uses which they serve; and (3) the economic and social effects of the moratorium. Chapter 5: Subcommittee on Labor, Health and Human Services, and Education, and Related Agencies - Makes additional funds available to the Department of Health and Human Services for the Centers for Disease Control and Prevention for disease control, research, and training and program management of the Health Care Financing Administration. Chapter 6: Subcommittee on the Legislative Branch - Makes additional funds available to the Architect of the Capitol for Capitol buildings, salaries and expenses and Capitol grounds for the Capitol Square Perimeter Security Plan. Chapter 7: Subcommittee on Military Construction - Makes additional funds available to DOD for military construction, Navy and Air Force and family housing, Navy and Marine Corps and Air Force. Chapter 8: Subcommittee on Transportation and Related Agencies - Makes additional funds available to the Department of Transportation (DOT) for: (1) the Office of the Secretary for transportation planning, research, and development; (2) the Federal Aviation Administration (FAA) for operations and facilities and equipment for expenses relating to the year 2000 computer hardware and software problems; (3) Federal aid highways for the emergency relief program; and (4) salaries and expenses for the National Transportation Safety Board for expenses resulting from the crash of TWA Flight 800. Chapter 9: Subcommittee on Treasury and General Government - Makes additional funds available to the Department of the Treasury for year 2000 century date change conversion requirements and to the Financial Management Service for salaries and expenses related to such requirements. Chapter 10: Subcommittee on VA, HUD, and Independent Agencies - Makes additional funds available to the Veterans Benefits Administration for compensation and pensions. Chapter 11: Offsets and Rescissions - Rescinds specified amounts of funds for: (1) the Food Safety and Inspection Service; (2) the Farm Service Agency's Agricultural Credit Insurance Fund Program Account; (3) Rural Housing Service salaries and expenses; (4) the Bureau of Land Management; (5) Oregon and California grant lands; (6) U.S. Fish and Wildlife Service resource management and construction; (7) NPS construction; (8) the Bureau of Mines; (9) BIA construction; (10) DOT payments to air carriers and small community air service; (11) FAA grants-in-aid for airports; (12) Federal Railroad Administration Conrail labor protection; (13) Customs Service salaries and expenses; and (14) Internal Revenue Service information technology investments. Authorizes a limited amount of funds to be obligated in FY 1998 for contracts with Utilization and Quality Control Peer Review Organizations pursuant to the Social Security Act. Title II: General Provisions--This Act - Sets forth limitations on funds made available by this Act. (Sec. 2004) Requires the Federal Communications Commission (FCC) to report to the Congress on: (1) a revised structure consisting of a single entity to administer certain programs regarding universal service for schools and libraries and telecommunications services for rural health care providers; and (2) funding for such programs. Directs the FCC to prioritize assistance for the schools and library program on the basis of need. Imposes a cap on the compensation of individuals employed by the administering entity. Bars the FCC, before June 1, 1998, from: (1) adjusting the contribution factors for telecommunications carriers with respect to programs described by this section; or (2) collecting any contribution due for the third or fourth quarter of calendar year 1998.

Bill· SS. 1786 (105th)referred

A bill to provide for the conduct of a study and report concerning the ability of the Centers for Disease Control and Prevention to address the growing threat of viral epidemics and biological and chemical terrorism.

United States · United States Congress · 17 March 1998

Directs the Secretary of Health and Human Services to study, and report to the appropriate congressional committees on, the ability of, and resources available to, the Centers for Disease Control and Prevention to address the growing threats of viral epidemics and biologic and chemical terrorism.

Bill· SS. 1788 (105th)referred

Medicare Fraud and Overpayment Act of 1998

United States · United States Congress · 17 March 1998

Medicare Fraud and Overpayment Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act (SSA), as amended by the Balanced Budget Act of 1997, to restructure the formula for payment of drugs and biologicals to involve actual acquisition cost in the computation, while including parenteral nutrients as reimbursable items. (Sec. 2) Amends the Balanced Budget Act of 1997 to eliminate the study and report to specified congressional committees on the effect of its amendments on the wholesale price of drugs and biologicals. (Sec. 3) Amends SSA title XVIII with regard to mental health partial hospitalization services. Limits the location where such services can be furnished to places other than a skilled nursing facility or an individual's home or other residential setting. Revises the qualifications for community mental health centers to permit the Secretary of Health and Human Services to specify certain standards in addition to State licensing or certification requirements. (Sec. 4) Requires administrators of group health plans and employers or employee organizations, with respect to Medicare as secondary payer, to provide the Secretary with specified information about individuals, including information about employers and family members with current or former employment status. Sets forth a civil money penalty for noncompliance. (Sec. 5) Reduces Medicare payment for erythropoietin used during FY 1999 under the end stage renal disease program. (Sec. 6) Directs the Secretary of Health and Human Services to use a competitive process to contract with specific hospitals or other entities (centers of excellence) meeting certain quality standards for furnishing hospital inpatients with services related to surgical procedures, as well as appropriate services unrelated to surgery. Provides for payment on the basis of negotiated all-inclusive rates. Requires the Secretary, by October 1, 1998, to enter into contracts with centers of excellence in geographic regions nationwide for coronary artery by-pass surgery and other heart procedures, knee replacement surgery, and hip replacement surgery, so that at least 20 percent of the projected number of those procedures can be provided under such contracts. (Sec. 7) Amends SSA title XI to eliminate the "knowing" standard with respect to civil monetary penalties for improperly filed claims, including the statutory definition of "should know." Repeals the exceptions to (anti-kickback) prohibitions on illegal remunerations in Federal health care programs for risk-sharing contracts. Eliminates a related report under the Health Insurance Portability and Accountability Act of 1996. (Sec. 9) Amends SSA title XI, as amended by the Balanced Budget Act of 1997, to make automatic stays and discharge in bankruptcy proceedings inapplicable to civil money penalty and other proceedings, including those for collecting overdue payments on scholarships and loans, related to provider liability for health care fraud. (Sec. 10) Amends SSA title XVIII to authorize the imposition of administrative fees on providers that fail to make timely reimbursement for overpayments under Medicare part A (Hospital Insurance) and B (Supplementary Medical Insurance).

Bill· SS. 1789 (105th)referred

Medicare Early Access Act of 1998

United States · United States Congress · 17 March 1998

TABLE OF CONTENTS: Title I: Access to Medicare Benefits for Individuals 62-to- 65 Years of Age Title II: Access to Medicare Benefits for Displaced Workers 55-to-62 Years of Age Title III: COBRA Protection for Early Retirees Subtitle A: Amendments to the Employee Retirement Income Security Act of 1974 Subtitle B: Amendments to the Public Health Service Act Subtitle C: Amendments to the Internal Revenue Code of 1986 Title IV: Financing Medicare Early Access Act of 1998 - Title I: Access to Medicare Benefits for Individuals 62-to-65 Years of Age - Amends title XVIII (Medicare) of the Social Security Act (SSA) to add a new part D (Purchase of Medicare Benefits by Certain Individuals Age 62-to-65 Years of Age). Makes eligible to enroll in Medicare during a specified period individuals between the ages of 62 and 65 who: (1) are not eligible for coverage under group health plans or Federal health insurance; but (2) would be Medicare-eligible if age 65. Requires prior notification of each individual seeking to enroll of the deferred monthly premium amount for which the individual will be liable upon attaining age 65. (Sec. 101) Directs the Secretary of Health and Human Services to determine rates for: (1) the base monthly premium; (2) the base annual premium for individuals age 62 or older; and (3) the deferred premium for such individuals. Limits the maximum annual premium in a premium area to assure participation in all areas of the country. Directs the Secretary to provide for payment and collection of the base monthly premium. Makes the enrollee liable for the deferred monthly premium payment. Requires collection of both premiums in the same manner as for the payment of monthly premiums under Medicare part B (Supplementary Medical Insurance). Creates in the Treasury the Medicare Early Access Trust Fund (Trust Fund) to hold collected premiums as well as the savings from new fraud and abuse initiatives under the Medicare Fraud and Overpayment Act of 1998 which are transferred to it out of the Medicare trust funds. Directs: (1) the Trust Fund's Board of Trustees to report annually to the Congress on the need for adjustments in the new program in order to maintain its financial solvency; and (2) the Comptroller General to report periodically to the Congress on the adequacy of program financing along with appropriate recommendations to accomplish such end. Requires: (1) individuals enrolled under the new part D program to be treated for Medicare purposes as though they were entitled to benefits under Medicare part A (Hospital Insurance) and enrolled under Medicare part B; and (2) new part D program benefits to be payable under Medicare to such individuals in the same manner as if they were so entitled and enrolled. Provides that the new part D program shall not be treated as Medicare for purposes of the Medicaid program under SSA title XIX, including the provision of Medicare cost-sharing assistance, nor for purposes of COBRA continuation requirements of the Public Health Service Act. Title II: Access to Medicare Benefits for Displaced Workers 55-to-62 Years of Age - Amends SSA title XVIII part D to rename the newly established part D program the Purchase of Medicare Benefits by Certain Individuals Age 55-to-65 Years of Age. Provides for part D coverage for certain displaced workers and spouses between the ages of 55 and 62 under arrangements similar to those in title I. Directs the Secretary to provide for continued enrollment of displaced workers who attain 62 years of age. Title III: COBRA Protection for Early Retirees - Subtitle A: Amendments to the Employee Retirement Income Security Act of 1974 - Amends the Employee Retirement Income Security Act of 1974 to extend specified group health plan insurance continuation coverage under COBRA (Consolidated Omnibus Budget Reconciliation Act of 1985) to qualified retirees and their dependents, in cases of substantial reduction or termination of a retiree group health plan. Sets forth a special rule for certain dependents in case of termination or substantial reduction of retiree health coverage. Permits an increased level of premiums in the case of an individual provided continuation coverage by reason of the qualifying event. Subtitle B: Amendments to the Public Health Service Act - Amends the Public Health Service Act to extend specified group health plan insurance continuation coverage under COBRA to qualified retirees and their dependents, in cases of substantial reduction or termination of a retiree group health plan. Sets forth a special rule for certain dependents in case of termination or substantial reduction of retiree health coverage. Permits an increased level of premiums in the case of an individual provided continuation coverage by reason of the qualifying event. Subtitle C: Amendments to the Internal Revenue Code of 1986 - Amends the Internal Revenue Code to extend specified group health plan insurance continuation coverage under COBRA to qualified retirees and their dependents, in cases of substantial reduction or termination of a retiree group health plan. Sets forth a special rule for certain dependents in case of termination or substantial reduction of retiree health coverage. Permits an increased level of premiums in the case of an individual provided continuation coverage by reason of the qualifying event. Title IV: Financing - Requires any increase in payments under the Medicare program that results from the enactment of this Act to be offset by reductions in Medicare payments pursuant to the anti-fraud and -abuse provisions of the Medicare Fraud and Overpayment Act of 1998.

Bill· HRH.R. 3471 (105th)referred

Medicare Fraud and Overpayment Act of 1998

United States · United States Congress · 17 March 1998

Bill· HRH.R. 3470 (105th)open

Medicare Early Access Act of 1998

United States · United States Congress · 17 March 1998

Bill· HRH.R. 3474 (105th)referred

Healthy Kids Act

United States · United States Congress · 17 March 1998

TABLE OF CONTENTS: Title I: Healthy Kids Trust Fund Subtitle A: General Provisions Subtitle B: Payments Title II: FDA Jurisdiction Over Tobacco Products Title III: Youth Smoking Reduction Targets and Incentives to Reduce Youth Smoking Rates Title IV: Tobacco Transition Assistance for Producers, Communities, and Other Persons Title V: Standards to Reduce Involuntary Exposure to Tobacco Smoke Title VI: Public Health and Other Programs Subtitle A: Research Programs Subtitle B: Education and Prevention Programs Subtitle C: Miscellaneous Programs Title VII: Liability Protection; Consent Decrees; National Protocol Subtitle A: Liability Protection and Attorney Fees Subtitle B: Consent Decrees Subtitle C: National Tobacco Control Protocol Title VIII: Miscellaneous Provisions Title IX: Provisions Relating to Native Americans Title X: Tobacco Asbestos Trust Healthy Kids Act - Title I: Healthy Kids Trust Fund - Subtitle A: General Provisions - (Sec. 101) Establishes the Health Enhancement and Lowered Tobacco Hazards for Young Kids Trust Fund (HEALTHY Kids Trust Fund) (Fund). Appropriates to the Fund the initial payment under section 102 of this Act and 75 percent of annual assessments under section 102, fines or penalties under section 103, and amounts repaid or recovered under title III. Authorizes appropriations to the Fund as repayable advances. Makes specified percentages of Fund amounts available without further appropriation for carrying out provisions of this Act, for the Hospital Insurance Trust Fund, and for reducing the Federal debt subject to limit. Excludes amounts for the Hospital Insurance Trust Fund and the debt from consideration for the Emergency Deficit Control Act of 1985, the Congressional Budget Act of 1974, and House Concurrent Resolution 67 of the 104th Congress. (Sec. 102) Requires each tobacco product manufacturer (including repackers, labelers, and relabelers) to make an initial payment to the Fund based on that manufacturer's stock market capitalization as compared to the average stock market capitalization of all manufacturers. Mandates subsequent annual payments by each manufacturer based on that manufacturer's gross domestic tobacco sales during the year. Provides for floor stock treatment. Makes the initial capitalization-based payment and any penalties under title III not tax deductible. Amends the Federal bankruptcy code regarding the priority of unsecured Federal claims for payments, assessments, or penalties to be paid into the Fund. Prohibits manufacturers from using any liability insurance to make payments into the Fund. Mandates regulations regarding placing a Healthy Kids Stamp on each tobacco product package for which an assessment has been paid. Exempts a manufacturer who has consent decrees with more than 25 States before 1998 from the initial payment and certain portions of annual payments. (Sec. 103) Establishes a tobacco manufacturer licensing program. Requires a manufacturer or importer to be licensed to manufacture, distribute, or import tobacco products and to be eligible for protections under subtitle A of title VII. Mandates, for assessment nonpayment, manufacturer and importer license ineligibility and license revocation or suspension. (Sec. 104) Imposes a minimum monetary penalty for noncompliance with section 102. Subtitle B: Payments - Chapter 1: To States - Requires that funds under section 101 be made available to: (1) reimburse each eligible State for State expenditures under title XIX (Medicaid) of the Social Security Act for the treatment of individuals with tobacco-related conditions or any other State expenses incurred in providing treatment for tobacco-related conditions; and (2) provide funds to local governments. Requires States, in order to receive the funds, to: (1) agree to resolve any State civil action against a tobacco manufacturer, distributor, or retailer; and (2) submit a plan regarding payments to local governments. Prohibits the Secretary from approving a State plan unless the Secretary makes an explicit written finding that local entities will receive an equitable portion. Chapter 2: Federal Health Programs - Establishes the National Institutes of Health Trust Fund for Health Research (Research Fund), transferring to it amounts made available under section 101. Sets forth the portions of Research Fund amounts to be used for specified purposes. Chapter 3: Investments for Children - Requires use of amounts under section 101: (1) working through the Child Care and Development Block Grant Act of 1990, to improve child care, early childhood development, school-aged care, parent education and supportive services, health services, and services for children with disabilities; and (2) for grants to State and local educational agencies to train, recruit, and hire elementary school teachers, thus reducing average class size for certain grades. Requires States to ensure that: (1) teachers are qualified; and (2) when qualifications are temporarily waived, unqualified teachers are not disproportionately employed in high poverty schools. (Sec. 133) Amends Medicaid provisions regarding presumptive eligibility for children to include in the definition of "qualified entity" elementary or secondary schools, child care resource and referral agencies, agencies and contractors under title IV, part A (Temporary Assistance for Needy Families) (TANF) of the Social Security Act, Medicaid agencies, certain public housing agencies and contractors, and agencies authorized to determine child eligibility for health assistance under title XXI (Children's Health Insurance) of the Social Security Act. Modifies requirements regarding certain Medicaid expenditures that are counted against individual State allotments. Makes eligible for Medicaid children lawfully present in the United States who would, but for specified provisions of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (relating to a five-year means-tested public benefit waiting period), be eligible under other provisions. Allows a State to include such children in the term "targeted low-income child." Makes the above amendments of this section effective as if they had been included in the Balanced Budget Act of 1997. Authorizes an increase in the Federal medical assistance percentage to reward a State for certain increases in the number of Medicaid-enrolled children. (Sec. 134) Mandates a demonstration project providing for payment under title XVIII (Medicare) of the Social Security Act of routine patient care costs that are provided to an individual with cancer and enrolled in Medicare as part of the individual's participation in a clinical trial and that are not otherwise eligible for Medicare payment. Requires use of amounts available under section 101 to carry out this section. Title II: FDA Jurisdiction Over Tobacco Products - Deems specified regulations to have been promulgated under the Federal Food, Drug, and Cosmetic Act (FDCA) as amended by this title. (Sec. 203) Amends the FDCA to include nicotine in tobacco products in the definition of "drug" and tobacco product delivery components in the definition of "device." Authorizes regulation of any tobacco product as a drug, device, or both. Deems tobacco misbranded if it: (1) states or implies that it presents a reduced health risk unless the product will achieve the best public health result; or (2) violates the FDCA or its regulations. Makes noncompliance with specified provisions added to the FDCA by this Act a prohibited act under the FDCA. Makes provisions preempting State and local requirements inapplicable to tobacco product devices. (Sec. 204) Exempts tobacco products from device Class II special controls if the Secretary of Health and Human Services finds that special controls will achieve the best public health result. Declares that, for the purposes of listed provisions, the safety and effectiveness of a tobacco product device need not be found if the action to be taken under any such provision would achieve the best public health result. Authorizes a tobacco product recall if the best public health result would be achieved. (Sec. 205) Establishes the Scientific Advisory Committee to assist the Secretary, examine the effects of tobacco product nicotine yield level alteration, examine whether there is a nicotine threshold below which dependence is not produced, and review other safety, dependence, or health issues regarding tobacco products. Authorizes the Secretary to adopt a tobacco product performance standard regardless of whether the product has been classified under device classification provisions. Allows the standard to include: (1) reduction or elimination of nicotine; or (2) reduction or elimination of other constituents. Authorizes the Secretary to require that a manufacturer test, report, and disclose tobacco and tobacco smoke constituents, including in labeling and advertising. Requires manufacturers to annually submit: (1) an ingredient list for each brand it manufactures; and (2) a safety assessment for each new ingredient it desires to make a part of the product, with current ingredients receiving a safety assessment within five years after enactment of this Act. Requires that the safety assessment demonstrate that the ingredient will not present any risk to consumers or the public in the intended quantities. Mandates regulations to prohibit any ingredient if: (1) no safety assessment has been submitted as required; or (2) the Secretary finds that safety has not been demonstrated. Requires tobacco product packages to disclose: (1) all ingredients; and (2) the percentages of domestic and foreign tobacco. Authorizes the Secretary to require disclosure of an ingredient that relates to a trade secret if the Secretary determines that the disclosure will promote the public health. Mandates specified warnings and related symbols on cigarette and smokeless tobacco packages and advertising. Preempts related State or local requirements. Declares that nothing in this paragraph relieves any person from liability to any other person at common law or under State statutory law. Makes it unlawful to advertise tobacco products on electronic communications subject to Federal Communications Commission jurisdiction. Directs the Secretary to restrict the access of minors to tobacco products. Requires States, in order to receive amounts under section 111 of this Act, to have a program meeting or exceeding the requirements of the model State program under which a retailer would be required to obtain a State or local license to distribute tobacco products. Includes in minimum model program requirements: (1) licensing fees to defray program administration; (2) prohibiting retail distribution without a license; (3) prohibiting distribution to minors; (4) monetary penalties for violations; and (5) suspension and revocation for repeated distribution to minors or violation of State or local law. Provides for specified penalties for distribution to minors, including penalties imposed on employees of retailers, minors (including loss of driving privileges), and retailers. Authorizes enforcement grants to States. Authorizes the Secretary to enforce the prohibition of distribution to minors. Declares that the provisions of this paragraph do not preempt State or local laws providing greater restrictions than these provisions. Mandates a Federal tobacco licensing program regarding military installations, U.S. embassies, Federally-owned facilities, duty-free shops, and any other Federal entity or Federal property. Treats an Indian tribe or tribal organization as a State for applying and enforcing the provisions of this paragraph regarding Indian reservations. Requires each manufacturer to submit to the Secretary each document in the manufacturer's possession: (1) relating to tobacco-caused health effects in humans or animals (including addiction), control of nicotine, tobacco sale or marketing, or research involving safer tobacco products; or (2) produced, or ordered to be produced, in any health-related civil or criminal proceeding, including attorney-client and other documents produced, or ordered to be produced, for in camera inspection. Directs the Secretary to make the documents available to the public. Exempts from public disclosure trade secrets and attorney-client privilege materials unless the Secretary determines disclosure is necessary to promote the public health. Authorizes any individual to begin a civil action: (1) against any person allegedly in violation of these provisions; or (2) against the Secretary or the Commissioner of Food and Drugs for alleged failure to perform as required. Prohibits regulations having the effect of placing burdens on tobacco producers in excess of the burdens generally placed on other agricultural commodity producers. Declares that any authority granted to the Secretary for regulation of any tobacco product as a drug or device is not intended to include the authority to make regulations applicable to persons who grow or cure raw tobacco. Repeals the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986. Title III: Youth Smoking Reduction Targets and Incentives to Reduce Youth Smoking Rates - Mandates an annual survey of the percentage of individuals under 18 (and the percentage of each ethnic group of such individuals) who identify each manufacturer's tobacco product as the usual product used. (Sec. 303) Requires annual determinations of whether the required percentage reduction in underage tobacco use has been achieved. Specifies the required reductions in cigarette and smokeless tobacco products. (Sec. 304) Mandates individual manufacturer monetary penalties if targets are not met for a year. Multiplies the penalties for consecutive failure years. Requires regulations to prohibit the sale of single packs of a manufacturer's tobacco products in cases of repeated noncompliance with required reductions and to require generic packaging in severe repeated noncompliance. Authorizes regulations requiring reductions in the use of other tobacco products by individuals under 18, including manufacturer monetary penalties for reduction failures. Title IV: Tobacco Transition Assistance for Producers, Communities, and Other Persons - Requires each cigarette manufacturer to purchase a minimum quantity of Flue-cured tobacco and Burley tobacco grown in the United States as determined under specified provisions. Authorizes, for a failure to make the minimum purchases, a monetary penalty and a prohibition of further sales until the penalty is paid. Requires penalty deposit in the No Net Cost Tobacco Fund of, or the No Net Cost Tobacco Account for, the producer-owned cooperative marketing associations handling the domestic tobacco that is the subject of the shortage producing the collection. (Sec. 402) Establishes the Tobacco Transition Trust Fund and transfers to it amounts available under section 101. Authorizes appropriations to the Fund as repayable advances as necessary for Fund expenditures. Makes the Fund available for: (1) transition payments to tobacco quota holders and quota lessees to compensate for lost crop value resulting from reduced demand for tobacco; (2) economic development assistance to producing communities; (3) producer, factory worker, and warehousemen retraining; (4) producer scholarships; (5) tobacco crop insurance; and (6) administrative costs of the Secretary of Agriculture associated with a tobacco price support program. Makes those amounts available only if a law is enacted by January 1, 2000, specifically prescribing Fund authorized uses, but allows administration of a price support program if all administrative costs are paid from the Fund. Declares that this title constitutes budget authority in advance of appropriations Acts. Terminates the authority of this title unless such a prescribing law is enacted. Title V: Standards to Reduce Involuntary Exposure to Tobacco Smoke - Amends the Occupational Safety and Health Act of 1970 to require the responsible entity for each non-residential public building (regularly entered by at least ten individuals at least one day per week (except certain types of facilities)) to implement a smoke-free environment policy. Allows designated smoking areas meeting specified requirements. Sets forth special rules for: (1) schools and other facilities serving children; and (2) public transportation. Requires States, in order to receive funds under this Act, to demonstrate enforcement. Title VI: Public Health and Other Programs - Subtitle A: Research Programs - Mandates programs (through grants, contracts, or otherwise) to: (1) promote expanded research concerning specified aspects of tobacco and health; and (2) for the conduct of research on the cultural, social, behavioral, neurological, and psychological reasons that individuals refrain from, begin, continue, or quit using tobacco products. (Sec. 603) Mandates surveillance and evaluation to monitor patterns of tobacco use and determine the effectiveness of various anti-tobacco programs funded under this Act. Requires that funding be made available for the activities under this subtitle. Subtitle B: Education and Prevention Programs - Mandates a program of grants to States for: (1) school-, college-, or university-based education programs concerning tobacco product use dangers; and (2) community-based prevention programs. Requires that funding be made available. Subtitle C: Miscellaneous Programs - Requires a program to reduce tobacco use through national and local media-based (such as counter-advertising campaigns) and nonmedia-based education, prevention, and cessation campaigns. Requires that funding be made available. (Sec. 622) Establishes the National Tobacco Cessation Program. Authorizes grants, contracts, and cooperative agreements. Requires making funding available. (Sec. 623) Establishes a program to provide assistance and compensation to individuals (and entities providing services to individuals) suffering from tobacco-related conditions, targeting uninsured or underinsured individuals who can demonstrate financial hardship. Requires making funding available. (Sec. 624) Authorizes multilateral assistance to foreign countries to assist in reducing and preventing the use of tobacco in foreign countries, focusing on preventing use by minors. Requires making funding available. Establishes in the District of Columbia a private, nonprofit corporation to be known as the American Center on Global Health and Tobacco (ACT). Requires that an International Advisory Council advise ACT. Mandates the annual transfer of a specified amount to carry out this paragraph. Makes ACT and its grantees subject to the oversight and supervision of the Congress. (Sec. 625) Mandates the National Event Sponsorship Program, authorizing grants for the sponsorship of athletic or other social or cultural events that, before enactment of this Act, was provided by a tobacco manufacturer or distributor. Requires making funding available. Terminates the Program ten years after enactment of this Act. (Sec. 626) Requires a program of grants to States to augment existing programs to reduce alcohol and illicit drug use by individuals under 18. Requires making funding available. Title VII: Liability Protection; Consent Decrees; National Protocol - Subtitle A: Liability Protection and Attorney Fees - Requires that, in order to receive funds under section 111, a State resolve any existing, and agree not to start any new, civil claim seeking recovery for expenditures attributable to tobacco-related conditions commenced by the State against a manufacturer, distributor, or retailer and pending at enactment of this Act. Bars the Federal Government from starting any such claim. Prohibits construing these provisions to limit: (1) an individual's right to start a civil claim for past, present, or future conduct by tobacco product manufacturers, distributors, or retailers; or (2) criminal prosecution of tobacco manufacturers, distributors, or retailers. (Sec. 702) Establishes an Arbitration Panel to award attorney's fees and expenses relating to litigation affected by, or legal services resulting in, this Act. Prohibits any Panel award from affecting fee payments required under any provision of this Act. Declares that it is the sense of the House of Representatives that: (1) the legal services in the class actions filed by the Castano Plaintiffs Legal Committee provided public benefits on which the programs in title IV of this Act are modeled; and (2) such programs do not constitute an exclusive remedy for claims based on addiction or dependence on tobacco products. Subtitle B: Consent Decrees - Requires that, in order to receive funds under section 111 a State, and in order to receive liability protections under subtitle A a tobacco manufacturer, enter into consent decrees under this subtitle. Allows a State to qualify with good faith but unsuccessful efforts. Requires that the decrees resolve State actions for claims associated with manufacturer conduct before this Act. Sets forth required terms, conditions, and limitations. Makes the decrees enforceable by the signatories and the Attorney General. Requires, prior to decree entry by a court, that the decrees be: (1) approved by the Secretary and the Attorney General; (2) fair and reasonable; and (3) in the public interest. Subtitle C: National Tobacco Control Protocol - Chapter 1: Establishment - Requires that a tobacco manufacturer, in order to receive liability protections under subtitle A, enter into a National Tobacco Control Protocol with the U.S. Attorney General and the attorney general of each State that does not opt out. Requires that the Protocol be a binding contract embodying the terms of this subtitle and designed to be enforceable in Federal or State courts. Chapter 2: Terms and Conditions - Declares that this chapter is a part of the Protocol. (Sec. 726) Prohibits tobacco advertising: (1) outdoors; (2) except as allowed in this Act, in any arena or stadium where athletic or other social or cultural activities occur; (3) using a human image or cartoon character; (4) on the Internet, unless inaccessible in or from the United States; and (5) subject to exception, at the point of sale. (Sec. 727) Prohibits a manufacturer from using a trade or brand name of a non-tobacco product for a cigarette or smokeless tobacco product, unless in use before 1998. Sets forth situations in which tobacco brand names or other identification indicia may, with prior notice to the Secretary, be used in advertising and labeling. Prohibits payment for the placement of tobacco products in television programs, motion pictures, or videos or on video game machines. Prohibits direct or indirect payment or consideration for promoting tobacco product image or use through print, film, or broadcast media that appeals to individuals under 18 or through a live performance artist that appeals to such individuals. (Sec. 728) Allows, subject to exceptions, tobacco product labeling and advertising to use only black text on a white background. Limits audio (alone or with video) to words only, prohibiting music and sound effects. (Sec. 729) Prohibits: (1) the use of a tobacco product brand name, logo, symbol, motto, selling message, recognizable color or pattern of colors, or any other indicia of product identification on any service or nontobacco item; (2) offering tobacco purchasers any non-tobacco item in consideration of purchase; and (3) manufacturers, distributors, and retailers from sponsoring any athletic or other social or cultural event in which any indicia of product identification is used (but allows sponsorship under the corporate name, if in use before 1995 and if the corporate name does not include any indicia of product identification). Chapter 3: Enforcement - Allows the Attorney General to bring an action for enforcement, or restrain a breach, of the Protocol. Allows restraining orders, orders of specific performance, civil monetary penalties, and (for officers of manufacturers who knowingly violate the Protocol) criminal penalties, including incarceration. Authorizes grants and contracts for State enforcement. Authorizes use of amounts from the HEALTHY Kids Trust Fund and Department of Justice funds for Attorney General enforcement. (Sec. 732) Authorizes the attorney general of a State to bring an action for enforcement, or to restrain a breach, of the Protocol if the alleged violation occurred in that State. Provides for concurrent Federal and State court jurisdiction in such actions. Allows the remedies specified in section 731. (Sec. 733) Authorizes a manufacturer to file an action seeking a declaration of its Protocol rights and obligations. Authorizes any person to bring an action to enforce the Protocol, with any damages remitted to the Treasury. Entitles any manufacturer to intervene as a matter of right in any Federal or State Attorney General enforcement action. Title VIII: Miscellaneous Provisions - Prohibits the use of funds made available by appropriations or otherwise for specified actions, including: (1) promoting the export, reexport, sale, manufacture, advertising, or use of tobacco products to or in a foreign country; or (2) subject to exception, seeking the removal or reduction of any foreign restriction on the importation, export, sale, manufacture, advertising, use, imposition of tariffs, or taxation of tobacco products. (Sec. 802) Prohibits reprisals against a whistleblower employee of any tobacco product manufacturer, distributor, or retailer for disclosing to specified Federal agencies or State or local authorities information regarding a violation of law related to this Act or related State or local laws. Allows the whistleblower to receive a portion of a payment to the Government resulting from the whistleblower's disclosure. (Sec. 803) Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to make it unlawful for any domestic concern, directly or through a foreign subsidiary or affiliate, to use the mails or interstate commerce to contribute to: (1) the foreign sale or distribution of tobacco products to children or the foreign advertising of tobacco products in a way that appeals to children; and (2) the tobacco product export from any country without a package warning label in the primary language or languages of the country of sale or distribution that complies with domestic labeling requirements. Adds the unlawful acts of this section to the FDCA list of prohibited acts and entitles a person who provides information leading to a related criminal conviction to a portion of the criminal fine collected. (Sec. 804) Allows State or local measures to further this Act's purposes not less stringent than the requirements of this Act. Title IX: Miscellaneous Provisions - Declares that the provisions of this Act shall apply to the manufacture, distribution, and sale of tobacco products in any area in tribal or tribal organization jurisdiction, with exceptions for religious practices. Mandates regulations applying the Federal Food, Drug, and Cosmetic Act requirements regarding tobacco products to such areas. Provides for the treatment of tribes and tribal organizations under various provisions of this Act. Prohibits manufacturers from engaging in any activity in such areas that is prohibited under the Protocol. Requires that amounts made available under certain portions of section 101 be provided to the Indian Health Service for anti-tobacco-related consumption and cessation activities. Allows tribes and tribal organizations to: (1) take measures to further this Act's purposes in addition to the requirements of this Act; and (2) have rules or practices providing greater protection from the health hazards of environmental tobacco smoke. Prohibits a State from imposing requirements regarding the application of this Act to Indian tribes and tribal organizations. Title X: Tobacco Asbestos Trust - Establishes the Tobacco Asbestos Trust Fund consisting of amounts appropriated or credited to it under section 102. (Sec. 1002) Transfers to the Fund, without further appropriation, amounts from manufacturer assessments under this section. Authorizes appropriations to the Fund as repayable advances. Directs the Secretary of the Treasury to assess each tobacco manufacturer an amount sufficient to provide the Fund with specified amounts in certain years. (Sec. 1003) Divides the Fund into Fund I and Fund II. Requires that each Fund be established as Qualified Settlement Funds (as permitted by the Internal Revenue Code). Declares that Fund I represents some portion of the amount of smoking-caused harm paid by asbestos trusts and defendants in the past. Requires that Fund I payments be used to provide credits to asbestos trusts and asbestos defendants who settled and paid asbestos claims of persons who had exposure to tobacco, for the sole purpose of making payment to asbestos claimants by Fund I trustees. Declares that the purpose of Fund II is to pay asbestos tobacco claims brought after enactment of this Act for the tobacco-caused portion of the claimant's harm. (Sec. 1004) Declares that no tobacco company shall be liable: (1) in any civil suit for harm caused by exposure to tobacco or exposure to asbestos to any person who receives compensation from Fund II; or (2) to any asbestos trust or defendant who receives credits from Fund I on any claim arising from payments or obligations to asbestos claimants made or incurred before enactment of this Act.

Bill· HRH.R. 3469 (105th)referred

Patient Right to Independent Appeal Act of 1998

United States · United States Congress · 17 March 1998

Patient Right to Independent Appeal Act of 1998 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to require a group health plan, and a health insurer offering group coverage, (and, for the Public Health Service Act, health coverage offered in the individual market) to provide for an external appeals process for certain adverse determinations if the denial or failure: (1) involves a determination that a treatment is experimental; (2) is based on a determination that services are not medically necessary and the amount is over a threshold; or (3) jeopardizes the patient's life or health. Requires that the appeal be conducted under a contract between the plan or issuer and one or more appeal entities unless: (1) for health insurance issuers, the State selects the appeal entity; or (2) for group health plans, the Secretary of Health and Human Services designates the appeal entity. Provides for certification of appeal entities. Amends the Internal Revenue Code to require a group health plan to provide for an external appeals process for certain adverse determinations if the denial or failure: (1) involves a determination that a treatment is experimental; (2) is based on a determination that services are not medically necessary and the amount is over a threshold; or (3) jeopardizes the patient's life or health. Requires that the appeal be conducted under a contract between the plan or issuer and one or more appeal entities unless the Secretary of Health and Human Services designates the appeal entity. Provides for certification of appeal entities. Authorizes the Secretary of Health and Human Services to apply this Act's requirements relating to the Public Health Service Act to entities offering coverage under titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to the extent that such requirements provide greater protections for enrollees and do not conflict directly with requirements otherwise imposed by law.

Bill· SS. 1767 (105th)referred

Drug and Device Recall Reporting Act of 1998

United States · United States Congress · 16 March 1998

Drug and Device Recall Reporting Act of 1998 - Amends the Federal Food, Drug, and Cosmetic Act to require a pharmacy that receives notice from a recalling firm of a Class I or Class II recall of a drug or device to notify retail customers that received the drug or device: (1) in writing, for customers receiving the drug or device on prescription; and (2) by public display, for all others. Mandates a civil monetary penalty for violations.

Bill· SS. 1757 (105th)referred

Breast Cancer Research Extension Act of 1998

United States · United States Congress · 13 March 1998

Breast Cancer Research Extension Act of 1998 - Amends the Public Health Service Act to extend the authorization of appropriations for breast cancer research.

Law· SS. 1754 (105th)enacted

Health Professions Education Partnerships Act of 1998

United States · United States Congress · 12 March 1998

TABLE OF CONTENTS: Title I: Health Professions Education and Financial Assistance Programs Subtitle A: Health Professions Education Programs Subtitle B: Nursing Workforce Development Subtitle C: Financial Assistance Title II: Office of Minority Health Title III: Selected Initiatives Title IV: Miscellaneous Provisions Health Professions Education Partnerships Act of 1998 - Title I: Health Professions Education and Financial Assistance Programs - Subtitle A: Health Professions Education Programs - Amends the Public Health Service Act to replace provisions relating to the training of health personnel from disadvantaged backgrounds with provisions mandating grants for programs of excellence in health professions education for underrepresented minority individuals, including to develop large applicant pools, enhance academic performance, train, recruit, and retain faculty, improve resources and curricula, and facilitate research. Authorizes appropriations. Authorizes grants to specified types of health professions schools for scholarships for students from disadvantaged backgrounds who have a financial need for a scholarship, with grant priority based on the proportion of graduates going into primary care, the proportion of underrepresented minority students, and the proportion of graduates working in medically underserved communities. Authorizes appropriations. Mandates a program of contracts for educational loan repayment (for individuals from disadvantaged backgrounds) in return for service as faculty members at specified types of health professions schools. Authorizes appropriations. Authorizes grants and contracts to increase the number of underrepresented minority faculty members. Authorizes appropriations. Authorizes grants and contracts to assist individuals from disadvantaged backgrounds to undertake education to enter a health profession and for scholarships for health professions education. Authorizes appropriations. Repeals provisions relating to obligated service regarding certain programs. (Sec. 102) Repeals provisions relating to area health education center programs. Modifies provisions relating to training in family medicine by adding: (1) references to internal medicine and general pediatrics; (2) provisions regarding the training of physician assistants; and (3) provisions regarding programs of general or pediatric dentistry. Authorizes appropriations. Repeals provisions regarding: (1) training in internal medicine, general pediatrics, general dentistry, physician assistants, and podiatric medicine; and (2) traineeships, fellowships, and the amount of grants. Establishes the Advisory Committee on Training in Primary Care Medicine and Dentistry. (Sec. 103) Replaces provisions relating to training in certain health professions with provisions requiring that, in order to receive assistance under the amendments made by this section, an academic institution use the assistance in collaboration with two or more disciplines. Requires the recipient to carry out innovative demonstration projects for strategic workforce supplementation to meet national goals for interdisciplinary, community-based linkages. Mandates grants and contracts for area health education center programs meeting certain objectives, including recruiting and training health professionals from and for underserved areas and underserved populations. Requires that, in order to be eligible for funds under this paragraph, a health education training center be an entity otherwise eligible for funds under the paragraph immediately above and meet other specified requirements, including addressing persistent and severe unmet health care needs in States bordering the United States and Mexico, in Florida, and other areas. Requires that funding be made available. Mandates grants and contracts for the establishment or operation of geriatric education centers. Authorizes grants and contracts for geriatric training projects to train physicians, dentists, and behavioral and mental health professionals who plan to teach geriatric medicine, geriatric behavioral or mental health, or geriatric dentistry. Mandates a program to provide Geriatric Academic Career Awards to promote the career development of individuals as academic geriatricians. Requires Award recipients to provide clinical geriatrics training. Authorizes grants or contracts to help fund interdisciplinary training projects involving: (1) training health practitioners for rural areas; (2) demonstrating cost-effective comprehensive health care; (3) delivering rural health care; (4) enhancing rural health care research; and (5) recruiting and retaining practitioners from rural areas and making rural practice more attractive. Allows the use of student stipends, post-doctoral fellowships, faculty training, and the purchase or rental of transportation and telecommunication equipment. Authorizes grants or contracts for: (1) expanding or establishing programs to increase the number of allied health professionals; (2) projects in preventive and primary care training for podiatric physicians in residency programs providing traineeships; and (3) demonstration projects involving collaboration between chiropractors and physicians to identify and provide effective treatment for spinal and lower back conditions. Mandates establishment of the Advisory Committee on Interdisciplinary, Community-Based Linkages. Authorizes appropriations to carry out this section. (Sec. 104) Replaces provisions relating to special training projects with provisions authorizing grants or contracts for information collection, analysis, research, and the development of a non-Federal analytic and research infrastructure, all related to the health professions workforce, related issues, and future directions. Authorizes appropriations. Amends the Health Professions Education Extension Amendments of 1992 to extend the dates for the final report and termination of the Council on Graduate Medical Education. Allows amounts otherwise appropriated under specified provisions to be used to support the Council's activities. Transfers the amended provisions to the Public Health Service Act. (Sec. 105) Amends the Public Health Service Act to authorize grants or contracts: (1) to increase the public health workforce and enhance its quality and ability to meet health care needs; and (2) for the operation of public health training centers. Authorizes grants for graduate or specialized training in public health, to assist in providing traineeships in health professions fields in which there is a severe shortage of health professionals. Authorizes grants and contracts for residency programs in preventive medicine and dental public health and related financial assistance to residency trainees. Authorizes grants for: (1) traineeships in health administration, hospital administration, or health policy analysis and planning; and (2) related preparation of students for employment with public or nonprofit private entities. Authorizes appropriations to carry out this section. (Sec. 106) Repeals or removes provisions of the Public Health Service relating to: (1) research on certain health professions issues; (2) chiropractic demonstration projects; (3) the submission of specified information in conjunction with applications for grants or contracts; and (4) the development and publication of certain statistics, the handling of certain personal data, and the submission of certain reports. Imposes new application requirements and lists permitted uses of funds. Requires competitive awarding of grants and contracts. Adds professional counselors to the list of health professions personnel about whom information may be collected and analyzed. (Sec. 107) Requires that programs that have graduated less than three classes be given funding priority if they meet certain criteria relating to serving underserved populations or underserved communities. (Sec. 108) Adds references to behavioral health and to counseling to various generally applicable to health professions education provisions. Includes in the definition of "medically underserved community" an area or population designated by a State governor as a shortage area or medically underserved community. Modifies the definition of "program for the training of physician assistants." Subtitle B: Nursing Workforce Development - Nursing Education and Practice Improvement Act of 1998 - Replaces Public Health Service Act title VIII (Nurse Education) (except provisions relating to student loans, the loan repayment program, and sex discrimination) with a new title on nursing workforce development. Requires that grants and contracts be awarded competitively. Authorizes grants and contracts to: (1) enhance advanced practice nursing education and practice and traineeships for individuals in advanced practice nursing programs; (2) increase nursing education opportunities for individuals from disadvantaged backgrounds by providing scholarships or stipends, pre-entry preparation, and retention activities; and (3) strengthen capacity for basic nurse education and practice. Authorizes appropriations. Establishes the National Advisory Council on Nurse Education and Practice. Subtitle C: Financial Assistance - Chapter 1: School-Based Revolving Loan Funds - Modifies requirements: (1) schools must (in order to participate in the student loan program under specified provisions) meet regarding the percentages of graduates going into primary care; and (2) regarding student noncompliance with loan agreements. Removes a requirement for an annual report to specified congressional committees regarding administration of provisions relating to student loan funds in the context of medical schools and primary care. (Sec. 132) Extends the authorization of appropriations for Federal capital contributions to student loan funds under provisions relating to students from disadvantaged backgrounds. Repeals the authorization effective October 1, 2002. (Sec. 133) Allows loan repayment to be extended for up to ten years in specified circumstances. Increases minimum principal and interest payments. Prohibits, notwithstanding any other provisions of Federal or State law, any limit on the period within which a nursing school may seek repayment. Specifies the consequences (applicable if so provided in the agreement) imposed on default concerning an agreement to provide service in consideration for an award of Federal funds regarding nursing education. (Sec. 134) Modifies provisions controlling the maximum limit on a loan made to a student for a school year. Allows repayment to be made over ten to 25 (currently, over ten) years, at the option of the institution. Increases minimum principal and interest payments. Prohibits, notwithstanding any other provisions of Federal or State law, any limit on the period within which a nursing school may seek repayment. Sets a deadline for obligation of amounts from student loan funds under certain provisions that are returned to the Secretary by health professions schools. Chapter 2: Insured Health Education Assistance Loans to Graduate Students - Authorizes loan payment deferral for up to three years while the borrower is providing health care services to Indians through an Indian health program. Removes a requirement that the Office for Health Education Assistance Loan Default Reduction submit an annual report to specified congressional committees. Allows collection of loan balances after the borrower's death. Limits the maximum annual dollar amount of a loan to a student in a graduate program in behavioral and mental health practice, including clinical psychology, and includes institutions offering such programs in the definition of "eligible institution." (Sec. 142) Removes provisions mandating performance standards for lenders and holders of loans. Allows Federal payment of the loan after default, unless the lender, holder, or servicer has a compliance performance rating under 97 percent, in which case payment must be made at 98 percent of the loss. (Sec. 143) Sets forth maximum limits for specified fiscal years on the total principal amount of new loans made and installments paid pursuant to lines of credit to borrowers covered by Federal loan insurance under provisions relating to insured health education assistance loans to graduate students. (Sec. 144) Allows, notwithstanding any other provision of Federal or State law, an insured loan to be discharged in bankruptcy. (Current law allows such discharge, but makes no reference to other provisions of law.) (Sec. 145) Prohibits construing specified provisions as prohibiting refinancing of a single loan. Title II: Office of Minority Health - Modifies the duties of the Office of Minority Health. Establishes the Advisory Committee on Minority Health. Requires that grants, cooperative agreements, and contracts be awarded on a competitive basis. Authorizes appropriations: (1) for the Office; and (2) to enable the National Center for Health Statistics to collect data on Hispanics and American Indians and to develop special area population studies on major Asian American and Pacific Islander populations. Locates the Office in the Office of Public Health and Science (currently, in the Office of the Assistant Secretary for Health). Title III: Selected Initiatives - Amends provisions relating to grants to States for operation of offices of rural health to remove a requirement that non-Federal matching funds be in cash. Extends the authorization of appropriations. Increases the dollar appropriation level after which additional grants are prohibited. (Sec. 302) Removes the minimum and maximum limits on the number of grants to States for certain programs concerning Alzheimer's disease or related disorders. Allows respite care under such programs to be provided to individuals living in single family homes or in congregate settings. Allows grant funds to be used to improve access to home-based or community-based long-term care services. Removes a grant duration limitation. Extends the authorization of appropriations. (Sec. 303) Extends the authorization of appropriations for immunization program grants for no-charge immunizations for children, adolescents, and adults (currently, for individuals). Title IV: Miscellaneous Provisions - Deems active service of Public Health Service commissioned officers to be active military service in the U.S. armed forces for purposes of all laws regarding discrimination on the basis of race and other specified factors. Authorizes leave without pay status for attendance at an educational institution or training program when it is in the best interest of the Service. Declares that provisions mandating confidentiality of certain substance abuse records do not apply to any interchange of records within the uniformed services (currently, within the armed forces). (Sec. 403) Requires that a person who has received a clinical traineeship in counseling under specified provisions serve for specified periods. (Sec. 404) Extends the authorization of appropriations for grants for screenings, referrals, and education regarding lead poisoning. (Sec. 405) Extends the authorization of appropriations for grants for the prevention, control, and elimination of tuberculosis. Authorizes the set-aside of a specified percentage (currently, a specified dollar amount) for areas with a substantial number of, or a substantial rate of increase in, cases. (Sec. 406) Authorizes establishment of technical and scientific peer review groups and scientific program advisory committees as needed to carry out the functions of the Centers for Disease Control and Prevention. (Sec. 407) Amends the Family Violence Prevention and Services Act to authorize appropriations to carry out provisions regarding grants for community projects to coordinate intervention and prevention of domestic violence. Provides for a study of the training needs of health professionals concerning the detection and referral of victims of family or acquaintance violence. (Sec. 408) Amends the Public Health Service Act to extend the authorization of appropriations for grants for programs to increase the availability of primary health services in health professional shortage areas. (Sec. 409) Allows reservation of up to $2.5 million (currently, requires reservation of $5 million) for construction, renovation, or other improvement of regional centers for primate research. (Sec. 410) Allows a grant or cooperative agreement (currently, a grant, cooperative agreement, or contract), the direct cost of which exceeds $50,000, to be made only if it is recommended after peer review and by the appropriate advisory council. (Sec. 411) Extends the authorizations of appropriations to carry out specified provisions relating to trauma care and to health information and health promotion. (Sec. 413) Limits grants for emergency medical services for children to three years with an optional fourth year (currently, to two years). Allows only three (currently, one) grant in a State per fiscal year. Extends the authorization of appropriations. (Sec. 414) Amends the National Institutes of Health Revitalization Act of 1993 to remove provisions requiring that entities receiving funds under that Act comply with specified provisions of the Act popularly known as the Buy American Act. (Sec. 415) Amends Public Health Service Act provisions relating to the determination of the amount of grants to States to improve the quality, availability, and organization of health care and support services for individuals and families with HIV disease to list the Virgin Islands and Guam with States. (Currently, they are listed with U.S. territories. Listing them with States changes the formula used for determining the amount of grants.)

Bill· HRH.R. 3462 (105th)referred

Drug and Device Recall Reporting Act of 1998

United States · United States Congress · 12 March 1998

Bill· HRH.R. 3457 (105th)referred

To prohibit movies in which a tobacco company has paid to have its tobacco product featured.

United States · United States Congress · 12 March 1998

Prohibits: (1) any person who is engaged in the production of a movie for commercial viewing from having any arrangement with a tobacco company under which such person is paid to have a tobacco product featured in the movie; and (2) such a movie from being distributed in interstate commerce.

Law· SS. 1722 (105th)enacted

Women's Health Research and Prevention Amendments of 1998

United States · United States Congress · 6 March 1998

TABLE OF CONTENTS: Title I: Provisions Relating to Women's Health Research at the National Institutes of Health Title II: Provisions Relating to Women's Health at the Centers for Disease Control and Prevention Women's Health Research and Prevention Amendments of 1998 - Title I: Provisions Relating to Women's Health Research at the National Institutes of Health - Amends the Public Health Service Act to extend the authorization of appropriations for programs regarding diethylstilbestrol (DES). Mandates a program of education of health professionals and the public concerning DES. (Sec. 102) Extends the authorizations of appropriations for: (1) research on osteoporosis, Paget's disease, and related bone disorders; (2) the National Cancer Institute; (3) breast cancer programs; and (4) programs on ovarian and other cancers of the reproductive system of women. (Sec. 104) Mandates expansion, intensification, and coordination of research and related activities of the National Heart, Lung, and Blood Institute regarding heart attack, stroke, and other cardiovascular diseases in women. Authorizes appropriations. (Sec. 105) Extends the authorization of appropriations for the National Institute on Aging. (Sec. 106) Requires that the Director of the National Institutes of Health (currently, the Director of the Office of Research on Women's Health) appoint members of the Advisory Committee on Women's Health. Title II: Provisions Relating to Women's Health at the Centers for Disease Control and Prevention - Extends the authorization of appropriations for the National Center for Health Statistics and the National Program of Cancer Registries. (Sec. 203) Requires that certain breast and cervical cancer programs be carried out through public or private (currently, public or nonprofit private) entities. Extends authorizations of appropriations for various preventive health measures relating to breast and cervical cancers. (Sec. 204) Extends the authorizations of appropriations for: (1) centers for research and demonstration regarding health promotion and disease prevention; and (2) community projects to coordinate intervention and prevention of domestic violence.

Bill· SS. 1723 (105th)referred

American Competitiveness Act

United States · United States Congress · 6 March 1998

American Competitiveness Act - Amends the Immigration and Nationality Act to establish an H1-C nonimmigrant category of nonphysician health care workers. (Removes such aliens from the H-1B skilled worker category.) Increases H1-B visa levels, and makes available to such category a certain number of unused visas from specified other temporary visa categories. (Sec. 4) Amends the Higher Education Act of 1965 to authorize appropriations for the State Student Incentive Grant program. Obligates specified amounts for grants to low-income students in higher education programs of mathematics, computer science, or engineering. Directs the Secretary of Labor to establish or improve an Internet technology employment data bank. Authorizes appropriations. (Sec. 5) Revises and increases penalties for violations of the H1-B or H1-C programs. Transfers labor condition application authority from the Secretary to the Attorney General. Defines "prevailing wage." (Sec. 6) Directs the Attorney General to submit an annual H1-B visa report. (Sec. 7) Exempts employment-based immigrants from per country limitations if unused visas are available during a calendar quarter. Authorizes nonimmigrant status extension for certain aliens who: (1) have petitions pending for employment-based immigrant status adjustment; and (2) are subject to per country limitations. (Sec. 8) Authorizes H1-B aliens to accept academic honorarium payments for services on behalf of an institution of higher education or other nonprofit entity.

Bill· SS. 1725 (105th)referred

Office of Surgeon General Sunset Act

United States · United States Congress · 6 March 1998

Office of Surgeon General Sunset Act - Terminates the Office and position of the Surgeon General of the Public Health Service, transferring the Office's functions to the Assistant Secretary for Health of the Department of Health and Human Services. Requires that the Office of Management and Budget make determinations of the functions transferred. Provides for related delegation, reorganization, rules and regulations, transfer and allocations of appropriations and personnel, other transfers, the effect on personnel, and the effect on legal documents, proceedings, and administrative actions.

Bill· SS. 1712 (105th)open

Health Care QUEST Act

United States · United States Congress · 5 March 1998

TABLE OF CONTENTS: Title I: Health Quality Oversight Title II: Quality Improvement Title III: Health Care Information Subtitle A: Plan Sponsor Responsibilities Subtitle B: Health Plan Requirements and Consumer Protection Health Care Quality, Education, Security, and Trust Act or Health Care QUEST Act - Title I: Health Quality Oversight - Establishes the Health Quality Council (HQC) to advise the President and the Congress regarding health care quality. (Sec. 102) Prohibits the Chairperson and the Executive Director of HQC from engaging in any other business, vocation, or employment. (Sec. 105) Directs HQC to: (1) serve as a resource for the appropriate congressional committees and the President in providing information and scientific evidence with respect to health care quality and consumer protection legislation; (2) develop (on request) financial and socioeconomic impact statements for health care quality and consumer protection legislation; (3) develop, update, and disseminate population-based benchmarks and indicators of health care quality; (4) provide such committees and the President with national report cards on health care quality; (5) develop recommendations for measuring and reporting quality indicators for use in the fee-for-service market; (6) develop the data sampling methods to be used in data reporting for monitoring quality indicators and health outcomes measures as required under the Public Health Service Act (PHSA), as amended by this Act. (Sec. 109) Directs the Secretary of Health and Human Services (HHS) to contract with the Institute of Medicine of the National Academy of Sciences to conduct studies to: (1) determine what standards should be used in the development of population-based benchmarks against which health care quality can be compared and measured; (2) determine, and validate, the optimal process for establishing such population-based benchmarks; (3) assess the optimal application of population-based benchmarks and how information concerning health care quality should be presented to users, including consumers, providers, and purchasers; (4) analyze the next steps necessary for a national continuous health care quality improvement process; (5) develop recommendations for linking payment for health services to health outcomes measures in order to recognize and reimburse health plans and health care providers that provide quality health care, particularly with respect to individuals with special needs or chronic health problems; and (6) consider the relationship between the need for public information to help consumers make informed health care choices and the processes necessary to create an environment that will promote the use of continuous quality improvement techniques. Requires a report on each such study to the Congress and the President. Requires the General Accounting Office to review periodically the conduct of HQC and report findings to the appropriate congressional committees and the President. (Sec. 110) Authorizes appropriations. Title II: Quality Improvement - Amends PHSA to direct the Agency for Health Care Policy and Research (AHCPR) to collect, analyze, and disseminate health care quality information. (Sec. 201) Requires AHCPR to: (1) provide administrative and scientific support to HQC; (2) develop risk and case mix adjustment methodology for use in comparing health outcomes data; (3) compile and publicly disseminate aggregate data regarding health care quality indicators and outcomes; (4) develop a model standard format that may be used by health insurance issuers in reporting; (5) provide assistance in the development of improved information systems, including computerized formats that may be used by health plans in providing specified required information; (6) collect, maintain, and publicly distribute health care quality population-based benchmarks established by HQC; (7) coordinate its activities with respect to health care quality with health plan accrediting bodies, the National Committee on Vital and Health Statistics, the National Center for Health Statistics, and State and local governments; and (8) develop survey tools to measure participant and beneficiary satisfaction as required by the Employee Retirement Income Security Act of 1974 (ERISA). Requires health insurance issuers, group health plans, and health insurance issuers of group health plans to submit aggregate data, without patient identifiers, obtained in the process of reporting quality indicators and health outcomes measures to AHCPR for the purpose of HQC's report. Directs the Secretaries of HHS and of Labor to develop data sampling methods for the submission of such aggregate data, based on HQC recommendation. Authorizes the Secretaries to adopt different data sampling methods, if more cost-reductive or more appropriate, than those recommended by HQC. Title III: Health Care Information - Subtitle A: Plan Sponsor Responsibilities - Amends ERISA to establish requirements for group health plan distribution of information. (Sec. 301) Requires group health plan administrators to furnish to each participant a copy of the most recent summary plan description for each plan option under which the participant or beneficiary may elect to receive benefits: (1) upon employment of the participant or at the time the group health plan first becomes subject to ERISA, whichever is later; and (2) at the beginning of any open enrollment period. Requires such administrators also to provide such descriptions to participants and beneficiaries: (1) at least annually if the plan has been materially modified or amended; and (2) upon the request of a participant or beneficiary. Requires such administrators to notify participants and beneficiaries, within 30 days after the pertinent effective date, of any material changes in: (1) benefit coverage, including any new exclusions from coverage or new optional supplemental coverage (especially the associated premiums, deductibles, coinsurance, copayments for which the enrollee will be responsible, and any annual or lifetime limits on benefits); (2) the health insurance issuer's service area, including any changes in the number, mix, and geographic distribution of participating providers, including specialists; (3) out-of-area coverage or out-of-network services or additional payments required for these services; (4) prior authorization rules; and (5) plan grievance and appeals procedures. Requires a group health plan sponsor to provide to participants and beneficiaries an annual summary report of participant satisfaction and disenrollment rates regarding each enrollment option offered, if such sponsor has: (1) 100 or more participants enrolled in a group health plan during a plan year; and (2) a contracting relationship with the health insurance issuer involved for at least two years. Allows such sponsors to use satisfaction measuring tools developed by AHCPR. Requires group health plan administrators to notify participants and beneficiaries that the plan sponsor: (1) has stopped paying plan premiums or has terminated reimbursement for services covered under the plan, within 30 days after the date of the first nonpayment; or (2) in the case of a plan sponsor involved in a sale or merger, has made changes in the group health plan, by the date on which the plan sponsor's assets are transferred. Directs the Secretary of Labor to establish an Internet site to provide technical support and information concerning ERISA rights of participants and beneficiaries. Subtitle B: Health Plan Requirements And Consumer Protection - Amends PHSA to establish consumer protection standards and consumer information requirements for group health plans. (Sec. 311) Authorizes the Secretary of HHS to exempt a group health plan or a health insurance issuer from compliance with one or more of such standards and requirements if certain requirements are met. Establishes certain health plan comparative information requirements under PHSA. Directs the Secretary of HHS to develop quality indicators and health outcomes measures for use by health insurance issuers in providing such required information, taking into consideration HQC recommendations. Requires such indicators and measures to be consistent where appropriate with requirements applicable to Medicare+Choice health plans under the Social Security Act, while taking into consideration the different populations served (such as children and individuals with disabilities). Authorizes either Secretary to adopt different indicators or measures, if more cost-reductive or more appropriate, than those recommended by HQC. Establishes consumer protection and plan standards for group health plans under PHSA. Sets forth such requirements with respect to: (1) emergency services; (2) advance directives and organ donation; (3) coverage determination, grievances and appeals; and (4) confidentiality and accuracy of participants' and beneficiaries' records. Establishes health care professional protections with respect to group health plans under PHSA. Requires plan provision of specified information to such professionals. Prohibits group health plan organizations or insurance issuers from penalizing health care professionals for advocating on behalf of a patient or for providing information or referral for medical care consistent with the patient's health care needs and with the code of ethical conduct, professional responsibility, conscience, medical knowledge, and license of such professional.

Bill· SS. 1713 (105th)referred

Tobacco Use by Minors Deterrence Act of 1998

United States · United States Congress · 5 March 1998

Tobacco Use by Minors Deterrence Act of 1998 - Amends the Public Health Service Act to replace provisions relating to State laws on the sale of tobacco products to individuals under the age of 18 with provisions requiring that the amount of formula grants to States (for the prevention of substance abuse) be reduced if there is not in effect a law regarding tobacco products and such individuals, including concerning: (1) tobacco distribution; (2) the purchase, possession, or use by such individuals in a public place (including parental notification); (3) the posting of certain signs at selling locations; (4) the distribution of samples; (5) out-of-package distribution; (6) the display or storage of packages in a configuration affording customers direct access to packages; (7) certain notifications to retail employees; (8) enforcement by a State (including using the State police, conducting random, unannounced inspections, and using individuals under 18); (9) distribution licenses, including licensure of each retail distribution place; and (10) not preempting State and local laws that provide greater restrictions than this Act.

Bill· HRH.R. 3342 (105th)referred

Patient Safety and Health Care Whistleblower Protection Act of 1998

United States · United States Congress · 5 March 1998

Patient Safety and Health Care Whistleblower Protection Act of 1998 - Prohibits retaliation or discrimination against a health care worker because the worker disclosed information, advocated for patients, or initiated, cooperated with, or participated in any governmental investigation or proceeding regarding the care, services, or conditions of a health care entity if: (1) the information is true; and (2) the information disclosed evidences a violation of a law, rule, or professional standard or relates to matters endangering patients, workers, or the public. Prohibits contracts, policies, and procedures restricting the actions for which retaliation or discrimination is prohibited. Declares that these provisions do not protect disclosures violating confidentiality law. Prohibits disclosing the identity of the worker, subject to exception. Provides for enforcement through private civil actions and, for certain willful and repeated violations, criminal penalties. Declares that this Act does not preempt other laws and allows States to enforce laws providing equivalent or greater worker protections.

Bill· HRH.R. 3303 (105th)open

Department of Justice Appropriations Authorization Act, Fiscal Years 1999, 2000, and 2001

United States · United States Congress · 3 March 1998

TABLE OF CONTENTS: Title I: Authorization of Appropriations for Fiscal Years 1999, 2000, and 2001 Subtitle A: Specific Provisions Subtitle B: General Provisions Title II: Authorizations of Appropriations for Programs Title III: Permanent Enabling Legislation Title IV: Miscellaneous Department of Justice Appropriation Authorization Act, Fiscal Years 1999, 2000, and 2001 - Title I: Authorization of Appropriations for Fiscal Years 1999, 2000, and 2001 - Subtitle A: Specific Provisions - Authorizes appropriations for FY 1999 through 2001 to the Department of Justice (DOJ) for: (1) general administration; (2) administrative review and appeals; (3) the Office of Inspector General; (4) general legal activities; (5) the Antitrust Division; (6) United States Attorneys; (7) the Federal Bureau of Investigation (FBI); (8) the United States Marshals Service; (9) the Drug Enforcement Administration; (10) the Immigration and Naturalization Service (INS); (11) fees and expenses of witnesses; (12) interagency crime and drug enforcement; (13) the Federal Prison System; (14) the Foreign Claims Settlement Commission; (15) the Community Relations Service; (16) the Assets Forfeiture Fund; (17) the support of U.S. prisoners in non-Federal institutions; and (18) the United States Parole Commission. (Sec. 102) Limits the funds available to Federal Prison Industries which may be used for administrative expenses and the employment of experts and consultants. Subtitle B: General Provisions - Directs the Attorney General to appoint 200 additional assistant U.S. attorneys by September 30, 2000. Authorizes appropriations. Title II: Authorizations of Appropriations for Programs - Amends the Crime Control and Law Enforcement Act of 1994 to authorize appropriations for FY 1999 and 2000 for: (1) expeditious deportation for denied asylum applicants; (2) Federal victim's counselors (under the Violence Against Women Act of 1994); (3) improving border patrols; (4) expanded special deportation proceedings; (5) training programs; (6) the Missing Alzheimer's Disease Patient Alert Program; (7) the Motor Vehicle Theft Prevention Program; and (8) rural domestic violence and child abuse enforcement assistance (under the Violent Crime Control and Law Enforcement Act of 1994). (Sec. 203) Amends the Antiterrorism and Effective Death Penalty Act of 1996 to authorize appropriations for FY 1999 and 2000 for metropolitan fire and emergency services training in responding to terrorist attacks and for research and development to support counter- terrorism technologies. (Sec. 204) Extends through FY 2000 the authorization for the Attorney General to transfer real or personal property of limited or marginal value to a State or local government agency or its designated contractor or transferee for use to support drug abuse treatment, drug and crime prevention and education, housing, job skills, and other community-based public health and safety programs. Specifies that such transfer shall be subject to satisfaction by the recipient involved of any outstanding lien against the property transferred. (Sec. 205) Amends the Communications Assistance for Law Enforcement Act to authorize appropriations for FY 1999 and 2000. Title III: Permanent Enabling Legislation - Amends the Federal judicial code to authorize the Attorney General to use funds available to carry out the activities of DOJ for: (1) certain general uses (including certain motor vehicle purchases, insurance, unforeseen emergencies of a confidential character, and payment of interpreters and translators); (2) certain specific uses (such as for aircraft and boats, payment of rewards, and purchase of ammunition and firearms); (3) uniforms; (4) witness fees and expenses; (5) FBI activities; (6) INS administration and law enforcement; and (7) Federal Prison System activities. Prohibits the use of such funds to pay compensation for individuals employed as attorneys who are not duly licensed and authorized to practice under the law of a State, U.S. territory, or the District of Columbia. Permits the use by the recipient of funds paid as reimbursement to a governmental unit in DOJ, to another Federal entity, or to a unit of State or local government. (Sec. 302) Directs the Attorney General to report to each House of Congress in any case in which the Attorney General: (1) establishes a policy to refrain from enforcing any provision of a Federal statute whose enforcement is the responsibility of DOJ because of the Attorney General's position that such provision is unconstitutional; or (2) determines that DOJ will contest, or will refrain from defending, in any proceeding any Federal statutory provision because of such a position. (Sec. 303) Authorizes the Attorney General to appoint officials to assist in the protection of the person of the Attorney General. Title IV: Miscellaneous - Repeals a Federal judicial code provision authorizing the appropriation of such sums as may be necessary to carry out the functions of the Marshals Service.

Bill· HRH.R. 3310 (105th)referred

Small Business Paperwork Reduction Act Amendments of 1998

United States · United States Congress · 3 March 1998

Small Business Paperwork Reduction Act Amendments of 1998 - Amends the Paperwork Reduction Act to require the Director of the Office of Management and Budget to publish annually in the Federal Register a list of requirements applicable to small business concerns with respect to collection of information by agencies. Requires each Federal agency, with respect to the collection of information and the control of paperwork: (1) to establish one agency point of contact to act as a liaison with small businesses; (2) in the case of a first-time information collection violation by a small business which does not cause actual serious harm to the public health or safety, to impose no civil fine on such business if the violation is corrected within six months of violation notification; and (3) if a violation presents an imminent and substantial danger to public health or safety, to impose no civil fine if the violation is corrected within 24 hours after violation notification. Allows an agency to waive the suspension of such fines after congressional notification. Excludes the Internal Revenue Service as a Federal agency for purposes of (2) and (3), above. Establishes a task force to study and report to specified congressional committee members on the feasibility of streamlining requirements with respect to small businesses regarding the collection of information.

Bill· HRH.R. 3284 (105th)referred

To amend title XVIII of the Social Security Act to exempt pharmacists licensed under State law from surety bond requirements under the Medicare Program.

United States · United States Congress · 26 February 1998

Amends title XVIII (Medicare) of the Social Security Act, as amended by the Balanced Budget Act of 1997, to exempt State-licensed pharmacies that supply durable medical equipment from surety bond requirements.

Bill· HRH.R. 3298 (105th)referred

Stop Kids From Smoking Act

United States · United States Congress · 26 February 1998

Stop Kids From Smoking Act - Allows the use of vending machines to sell tobacco products only in an area or establishment from which individuals under the minimum age are denied access. Defines the minimum age as 18, unless a State or municipality has established a higher age. Prohibits the sale of tobacco products to individuals under the minimum age. Declares that this Act does not preempt existing or bar future State or municipal laws banning all tobacco vending machines. Imposes a civil monetary penalty for violations.

Bill· HRH.R. 3299 (105th)referred

Family Genetic Privacy and Protection Act

United States · United States Congress · 26 February 1998

Family Genetic Privacy and Protection Act - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to prohibit a group health plan, and a health insurance issuer offering group coverage, from discriminating in eligibility based on a request for, or receipt of, genetic information or a genetic test. Prohibits such entities from: (1) using genetic information to discriminate in issuance, renewal, premium rates, or benefits; or (2) disclosing or being compelled, by subpoena or any other means, subject to exception, to disclose genetic information about an individual unless authorized by the individual. Amends the Public Health Service Act to apply these prohibitions to coverage in the individual market. Amends Federal law relating to veterans' benefits to mandate standards, consistent with the prohibitions in this Act, regarding genetic information use and disclosure in connection with medical care provided under those provisions. Makes it an unlawful employment practice for an employer to attempt to acquire, acquire, or use genetic information, or to require a genetic test, of an employee or applicant to discriminate or restrict any right or benefit. Regulates employer disclosure of and access to genetic information. Provides for enforcement through the powers, remedies, and procedures in specified provisions of the Civil Rights Act of 1964. Establishes the National Bipartisan Commission on the Use of Genetic Information to make recommendations with respect to the development and implementation of standards: (1) to provide increased protection for the collection, storage, and use of identifiable DNA samples and genetic information obtained from those samples; and (2) for the acquisition and retention of genetic information in all settings, but in particular clinical settings, including appropriate exceptions. Requires the Commission to report to the President and the Congress on its recommendations, findings, and conclusions. Terminates the Commission 30 days after submission of such report.

Bill· HRH.R. 3281 (105th)referred

To exempt disabled individuals from being required to enroll with a managed care entity under the Medicaid Program.

United States · United States Congress · 26 February 1998

Amends title XIX (Medicaid) of the Social Security Act to exempt disabled individuals from required enrollment with a managed care entity under the Medicaid program. Makes this Act effective as if included in the enactment of the Balanced Budget Act of 1997.

Bill· HRH.R. 3283 (105th)referred

Medicare Clinical Trial Coverage Act of 1998

United States · United States Congress · 26 February 1998

Medicare Clinical Trial Coverage Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act to: (1) provide for Medicare reimbursement of routine patient care costs for individuals participating in federally approved clinical trials; and (2) ensure coverage of such costs under Medicare+Choice plans. Requires the Secretaries of Health and Human Services and of Labor to report jointly to the Congress on the costs associated with requiring that group health plans and health insurance coverage do not deny payment of routine patient care costs for services furnished in connection with federally approved clinical trials.

Bill· SS. 1680 (105th)referred

A bill to amend title XVIII of the Social Security Act to clarify that licensed pharmacists are not subject to the surety bond requirements under the medicare program.

United States · United States Congress · 25 February 1998

Amends title XVIII (Medicare) of the Social Security Act, as amended by the Balanced Budget Act of 1997, to provide that the Secretary of Health and Human Services may not impose a surety bond on State-licensed pharmacies that supply durable medical equipment.

Bill· HRH.R. 3262 (105th)open

Children's Protection and Community Cleanup Act of 1998

United States · United States Congress · 25 February 1998

TABLE OF CONTENTS: Title I: Remedy Title II: Community Participation and Human Health Subtitle A: Community Participation Subtitle B: Human Health Subtitle C: General Provisions Title III: Right to Know Title IV: Environmental Justice Title V: Children's Environmental Health Title VI: Brownfield Remediation and Environmental Cleanup Subtitle A: Brownfields Subtitle B: Innocent Landowners and Prospective Purchaser Liability Subtitle C: Department of Housing and Urban Development Brownfield Grants Title VII: Natural Resource Damages Title VIII: Federal Facilities Title IX: Liability Title X: Funding Title XI: Miscellaneous Children's Protection and Community Cleanup Act of 1998 - Title I: Remedy - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to revise general rules for the selection of remedial cleanup actions. Removes a provision requiring the President to specifically address the long-term effectiveness of various alternative treatment or resource recovery technologies. Requires remedial actions to: (1) make contaminated property available for beneficial use to the maximum extent practicable; and (2) protect uncontaminated groundwater and surface water, wherever technically feasible, and restore such water to beneficial uses in a reasonable time period given the circumstances of the release of the hazardous substance concerned. Lists minimum factors to be taken into account by the President in assessing alternative remedial actions and selecting remedial actions. Requires selected remedial actions, unless the President determines that a risk-based standard for a contaminant is based on data and assumptions adequate to assure protection of children's health, to reduce contamination to background levels (where more stringent) with respect to such contaminant, to the maximum extent technically feasible. Prohibits the selection of an action that allows hazardous substances to remain on site above levels that would be protective for unrestricted use unless institutional controls are incorporated into the action to achieve protection of human health and the environment during and after completion of the action. Requires remedial actions for hazardous substances that remain on site to comply with any more stringent and legally applicable tribal standard. Directs the President to ensure that a remedial action attains standards of control protective of human health in the environment in cases where: (1) no Federal, State, or tribal standard has been established for the specific hazardous substance present at the facility where the action is being undertaken; or (2) there are multiple hazardous substances present and the remedial action is not protective even though applicable requirements would be attained. Removes a provision which requires the President to conform a remedial action to a State standard in cases where a State has initiated a law suit against the Environmental Protection Agency (EPA) prior to May 1, 1986. Eliminates a provision which allows the President to select a remedial action that does not attain a standard equivalent to a legally applicable standard if compliance with requirements is technically impracticable from an engineering perspective. Sets forth minimum requirements for remedies for contaminated groundwater or surface water in cases where a legally applicable standard for a hazardous substance is waived. Authorizes the President to use institutional controls as a supplement to, but not as a substitute for, other response measures under CERCLA. Lists requirements for actions that rely on institutional controls. Provides for funds to be established for facilities for which the selected remedy is containment or at which hazardous substances remain on site above levels that would allow for unrestricted use of the facility. Requires such funds to be sufficient to guarantee successful performance of a remedy and, to the extent technically feasible, future beneficial reuse. Directs the EPA Administrator (Administrator) to report annually to the Congress, for each record of decision signed during the previous fiscal year, on the type of institutional controls and media affected and the institution designated to monitor, enforce, and ensure compliance with such controls. Makes procedural requirements of State laws inapplicable to the portion of any removal or remedial action conducted entirely on site, except for recordkeeping and reporting. (Sec. 102) Sets forth criteria for institutional control instruments. Requires the President, if such an instrument is adopted, to record a notice of property use restriction in the public land records for the jurisdiction in which the affected property is located. Makes such instruments enforceable in perpetuity (unless terminated and released) against holders of interest in an affected property and all persons who subsequently acquire such interest. Directs the President to maintain a registry of all property at which institutional controls have been established in connection with response actions. Describes types of institutional control instruments, including easements. Authorizes the President, in order to respond to a release or threatened release of a hazardous substance, to acquire an easement to limit or control the use of land or other natural resources. Permits easements to be used whenever institutional controls have been selected as a component of a response action. Sets forth provisions regarding the President's authority to assign easements to other parties, issue orders imposing restrictions on land or natural resources, and include State institutional controls in response actions. (Sec. 103) Requires the President to ensure that a removal action is not undertaken in lieu of a long-term remedial action. Title II: Community Participation and Human Health - Subtitle A: Community Participation - Revises provisions regarding grants for technical assistance to make such grants available to Community Advisory Groups or affected communities (defined as two or more individuals affected by the release or threatened release of a hazardous substance at a covered facility. Defines a "covered facility" as a facility: (1) that has been listed or proposed for listing on the National Priorities List (NPL); (2) at which the Administrator is undertaking an action anticipated to exceed one year or a specified funding limit; or (3) with respect to which the Agency for Toxic Substances and Disease Registry (ATSDR) Administrator has accepted a petition requesting a health assessment or related health activity. Expands the list of authorized grant activities and increases the maximum amount of such grants. Requires the President to take specified actions to provide for meaningful public participation in every significant phase of response activities under CERCLA. Permits Community Advisory Groups, affected Indian tribes and communities, and local government and health officials to propose remedial alternatives to the President. Requires the President to make records relating to response actions at a covered facility available to the public throughout all phases of an action. Sets forth additional requirements with respect to public notice of certain removal actions. (Sec. 203) Requires States or Indian tribes with covered facilities to establish Community Information and Access Offices. Provides funding for such Offices. Directs the Administrator to establish Offices for States or tribes that fail to do so. (Sec. 204) Requires the President to provide the opportunity for the establishment of a Community Advisory Group, a representative public forum, to achieve direct, regular, and meaningful consultation with all interested parties throughout all stages of a response action whenever: (1) the President determines such a group will be helpful; or (2) ten individuals residing in the area in which the covered facility is located, or ten percent of the population of a locality in which the covered facility is located, whichever is fewer, petition for a Group to be established. Directs the President to adopt any consensus recommendation of a Group on land use as part of the remedy selected for the facility, with exceptions. Authorizes the President to provide administrative support for such Groups. Directs the Administrator to submit to the Congress a community study that includes an analysis of: (1) the speed of listing; (2) the speed and nature of response actions; (3) the degree to which public views are reflected in response actions; (3) use of institutional controls; and (4) the population, race, ethnicity, and income characteristics of communities affected by facilities listed or proposed for listing on the NPL. Requires periodic updates of such study. Directs the Administrator to institute necessary improvements or modifications to address any deficiencies identified by the study. (Sec. 205) Requires the Administrator to conduct a program to assist in the recruitment and training of individuals in affected communities for employment in response activities. Subtitle B: Human Health - Directs the President to notify State and local public health authorities and tribal health officials whenever there is reason to believe that a release (or threat of release) of a hazardous substance, pollutant, or contaminant has occurred, is occurring, or is about to occur. Requires the ATSDR Administrator to perform a health assessment for each facility listed, or proposed for listing, on the NPL, including Federal facilities. Permits related health activities to be performed in lieu of assessments for facilities that are so listed or proposed for ecological reasons only. Requires the ATSDR Administrator to develop and distribute educational materials on human health effects of hazardous substances to the public. (Sec. 213) Provides for research on exposure or tolerance limits for hazardous substances found commonly at NPL facilities in cases where adequate information on health effects of a substance is not available. Expands the duties of the ATSDR Administrator to require the Administrator to establish an inventory of exposure or tolerance limits for such substances. (Sec. 215) Directs the President, in any case in which a person is relocated in order to reduce exposure and eliminate health risks from hazardous substances, to provide to the individual the replacement value of the individual's residence. (Sec. 216) Authorizes and directs the ATSDR Administrator, pursuant to specified grants and contracts, to provide health services to communities affected by the release of hazardous substances. Makes funds available for such services for FY 2000 through 2004. (Sec. 217) Provides for cooperation with Indian tribes with respect to certain ATSDR activities. Requires the ATSDR Administrator to include in a biennial report on ATSDR activities the health impacts on Indian tribes of hazardous substances from covered facilities. Subtitle C: General Provisions - Sets forth effective dates for provisions of this title. Title III: Right to Know - Requires the annual disclosure of certain information by potentially responsible parties at NPL facilities and owners or operators of facilities subject to toxic chemical release reporting requirements under the Emergency Planning and Community Right-To-Know Act of 1986 (EPCRA). Includes within such required disclosures information on quantities of certain hazardous substances and potential exposure of facility employees. Directs the Administrator to consolidate all annual reporting pursuant to title I of CERCLA and other Federal environmental laws to the extent not prohibited by such laws. Prescribes penalties for noncompliance with disclosure requirements. Amends EPCRA to permit the withholding of portions of information required to be disclosed under CERCLA for purposes of protecting trade secrets. (Sec. 302) Requires owners or operators of facilities subject to EPCRA reporting requirements to submit to the Administrator and State officials annual unstudied chemical release forms for each chemical subject to this section that was manufactured, processed, or used in quantities exceeding thresholds during the preceding year at the facility. Permits the Administrator to: (1) apply such requirements to other facilities that use unstudied chemicals, as appropriate; and (2) exclude a class of facilities in a Standard Industrial Classification Code that is required to report under EPCRA if unstudied chemicals will not cause certain adverse human health or environmental effects. Makes subject to the requirements of this section an unstudied chemical: (1) for which the information needed to complete a preliminary assessment of potential toxicity is not available; and (2) that is a compound containing at least carbon, hydrogen, and one or more of the elements chlorine, fluorine, or bromine or is a compound included on the 1990 High Production Volume List issued pursuant to the Toxic Substances Control Act. Authorizes the addition of chemicals subject to such requirements based on health or environmental effects or presence in human tissues, food stuffs, or drinking water. Excludes from reporting requirements chemicals: (1) that are listed under EPCRA; (2) that are high molecular weight polymers; or (3) for which information is publicly available. Sets forth provisions regarding information needed for preliminary assessment of potential toxicity of unstudied chemicals. Establishes threshold amounts of unstudied chemicals which trigger reporting requirements. Makes release form information publicly available. Authorizes petitions to the Administrator to compel certain actions under this title, including the exemption from reporting, addition of chemicals subject to reporting, and revision of thresholds. Requires the Administrator to establish a national unstudied chemicals inventory based on submitted data. Makes violations of this title subject to civil and administrative penalties under EPCRA. Provides trade secret protection for information disclosed under this title in the same manner as provided under EPCRA. Title IV: Environmental Justice - Directs the President, acting through the Secretary of Commerce, to publish a list of special priority areas which shall be geographic areas in which residents face a high degree of economic distress or social disenfranchisement. Provides for updates to such list no later than two years after each official census count on social and economic characteristics. Describes areas to be included on such list. Requires the President to advertise the right of petition for assessment of a hazardous substance release in such areas. Directs the President to publish a list of special priority facilities which shall be those facilities located in special priority areas that are: (1) listed in the Comprehensive Environmental Response, Compensation, and Liability Information System; (2) the subject of a petition; or (3) those the President considers appropriate. Establishes deadlines for completing preliminary assessments, site inspections, and hazard ranking of such facilities and for listing them on the NPL. Requires the President to ensure that a remedial action for any such facility on the NPL is completed within three years of placement on the NPL. Provides exceptions from placing such facilities on the NPL. Title V: Children's Environmental Health - Requires the ATSDR Administrator and the Administrator to create a scientifically peer-reviewed list of environmental pollutants commonly found at facilities listed or proposed for listing on the NPL with known or suspected health risks to which fetuses and children are especially susceptible. Provides for a toxicological profile for each listed substance. each listed substance. Directs the Administrator or the Secretary of Health and Human Services, as appropriate, to review and revise, where necessary, environmental and public health regulations, risk assessment policies and procedures, and guidance documents issued under CERCLA to determine whether they consider and fully protect fetal and children's health. Incorporates fetal and children's health concerns into all health research initiatives under CERCLA. Requires the ATSDR Administrator to develop: (1) guidelines for addressing fetal and children's health issues in health studies and research programs; and (2) criteria for determining when and what type of child-specific health study shall be conducted based on the results of a health assessment. Expresses the sense of the Congress that the costs of such research programs should be borne by the manufacturers and processors of the hazardous substance in question. Directs the ATSDR Administrator to: (1) establish an exposure registry for all children exposed to hazardous substances as the result of a release at an NPL facility where levels of exposure are significant for children's health; and (2) implement specified children's environmental health education and training programs. Requires all lists, profiles, studies, and research results conducted under this title to be reported or adopted only after appropriate peer review. Sets forth requirements for peer reviews. Title VI: Brownfield Remediation and Environmental Cleanup - Subtitle A: Brownfields - Directs the Administrator to establish a program to award grants to local governments to inventory and conduct site assessments of brownfield sites and provide training in the cleanup of such sites. Defines a "brownfield site" as land that contains or contained abandoned or under-used commercial or industrial facilities, the expansion or redevelopment of which may be complicated by the presence of hazardous substances, pollutants, or contaminants. Sets forth grant application requirements and grant conditions. Requires States to submit information to the Administrator on brownfield sites. Directs the Administrator to compile a National Brownfields Registry. Directs the Administrator to establish a program to award grants to be used by local governments to capitalize revolving loan funds for the cleanup of brownfield sites, including associated rivers and streams. Authorizes local governments to provide such loans to finance cleanups by such governments or by owners or prospective purchasers of affected brownfield sites. Sets forth grant application and agreement requirements. Requires grant recipients to report to the Administrator on the extent of local citizen involvement in funded projects. Authorizes the Administrator to award a grant to a State if necessary to facilitate the receipt of funds by local governments that do not have the capabilities to manage grants. Makes certain facilities ineligible for the grant program, including facilities that are the subject of response actions and Federal facilities. Authorizes the President to make exceptions for excluded facilities and allow grants on a facility-by-facility basis. Makes amounts available from the Hazardous Substance Superfund (Superfund) to carry out the grant programs. Authorizes appropriations for FY 1999 through 2003. (Sec. 602) Authorizes the Administrator to award grants to, and enter into cooperative agreements with, States, Indian tribes, municipalities, and other specified agencies and organizations for training, technology transfer, and information dissemination programs to strengthen environmental response activities. (Sec. 603) Requires the Administrator to provide grants and other forms of assistance for brownfields workforce training programs in communities that contain brownfield sites. Subtitle B: Innocent Landowners and Prospective Purchaser Liability - Amends CERCLA, with respect to defenses to liability of an owner of after-acquired property, to deem a person to have made (under current law, "undertaken") appropriate inquiry into the property's previous ownership and uses if the person establishes that an environmental site assessment was conducted which meets specified requirements (compliance with an American Society for Testing and Materials standard or with standards issued by the President) and the person fulfills certain responsibilities concerning information compilation, exercise of appropriate care with respect to hazardous substances at the facility, and cooperation with those conducting response actions. (Sec. 622) Absolves from liability for response actions bona fide prospective purchasers to the extent liability at a facility for a release or threat thereof is based solely on ownership or operation of a facility. Gives a lien upon a facility to the United States for unrecovered response costs in any case in which there are such unrecovered costs for which the owner is not liable by reason of this section and the facility's fair market value has increased above that which existed 180 days before the action was taken. (Sec. 623) Exempts certain contiguous property owners from liability. Subtitle C: Department of Housing and Urban Development Brownfield Grants - Amends the Housing and Community Development Act of 1974 to direct the Secretary of Housing and Urban Development to make grants, in connection with the authority to guarantee obligations to finance certain community development activities, to eligible public entities for projects and activities for economic redevelopment of brownfield sites. Title VII: Natural Resource Damages - Adds the reasonable costs of recovering natural resource damages to the list of recoverable damages for which liable parties are responsible under CERCLA. (Sec. 703) Eliminates the damage assessment rebuttable presumption and prescribes revised procedures for natural resource damage assessments. (Sec. 704) Authorizes a trustee for natural resources to establish an administrative record on which the trustee will base the selection of a plan for restoration of the resource. Provides for participation of interested persons in the development of an administrative record. (Sec. 705) Provides that the presence of hazardous substances in sediments of U.S. waters above background or reference levels shall be sufficient to establish injury to natural resources for purposes of determining liability. Directs the Administrator and the appropriate natural resource trustees to report to the Congress on how response, remedial, and restoration actions are restoring and protecting natural resources affected by the facilities of: (1) Hudson River, New York; (2) Newark and New York Bays, New York and New Jersey; (3) Housatonic River, Connecticut and Massachusetts; (4) New Bedford Harbor, Massachusetts; (5) Clark Fork River, Montana; (6) Lavaca Bay, Texas; (7) Palos Verdes, California; (8) Fox River, Wisconsin; (9) Coeur d'Alene, Idaho; and (10) Hanford, Washington. (Sec. 706) Requires natural resource trustees to conduct a program to assist in the recruitment and training of individuals in affected communities for employment in restoration activities. (Sec. 707) Revises provisions regarding the statute of limitations on natural resource damage actions. (Sec. 708) Adds archaeological resources to the definition of "natural resources" under CERCLA. (Sec. 709) Authorizes citizen suits to recover natural resources damages. Title VIII: Federal Facilities - Revises provisions regarding the applicability of CERCLA to the U.S. Government. Makes Federal agencies subject to all Federal, State, interstate, and local requirements regarding response actions and damages related to, or management of, hazardous substances, pollutants, or contaminants in the same manner as any nongovernmental entity. Waives immunity of the United States with respect to the enforcement of injunctive relief. Makes Federal employees subject to criminal sanctions under State or Federal response laws. Authorizes the Administrator to issue an abatement order to a Federal agency and requires initiation of an administrative enforcement action in the same manner as action would be initiated against any other person. Requires all funds collected by a State from the Federal Government from penalties imposed under this section to be used only for projects to improve or protect the environment or to defray costs of environmental protection or enforcement unless a State law requires such funds to be used differently. Requires Federal agencies to notify States and the Administrator of removal actions. Sets forth additional conditions under which a Federal property may be transferred to any other person without a covenant warranting that all remedial action has been taken on the property. Establishes additional assurances to be contained in deeds governing such transfers with regard to hazardous substances releases for which a Federal agency is potentially responsible. Title IX: Liability - Provides exemptions to liability (including liability for contribution) for response costs for pre-July 1997 acts if liability is based solely on arranging for disposal, treatment, or transport of, or accepting, a specified limited amount of hazardous substances. Absolves certain small parties of liability based on arrangement or acceptance provisions if the substance involved was municipal solid waste or sewage sludge. Removes a provision which excludes petroleum from the definition of "hazardous substance" under CERCLA. Provides that persons liable for willful releases of hazardous substances or threats thereof may be liable to the United States for punitive damages in an amount of up to two times the costs incurred by Superfund as a result of such a release. Title X: Funding - Extends the authorization of appropriations to carry out specified Superfund authorities through FY 2003. (Sec. 1007) Amends the Internal Revenue Code to extend the environmental income tax to taxable years beginning after December 31, 1998, and before January 1, 2004. Extends specified provisions regarding: (1) Superfund's financing rate; (2) limits on tax if the unobligated balance in Superfund exceeds a specified amount; and (3) the repayment deadline for advances made to Superfund. Title XI: Miscellaneous - Increases the ceiling on certain penalties under CERCLA. Prescribes penalties for specified additional violations. (Sec. 1103) Considers a remedial action that attains applicable requirements to be protective of human health and the environment unless the President determines otherwise. Directs the President to establish additional requirements to ensure such protection, as necessary. Provides that the decontamination regulations for site termination issued by the Nuclear Regulatory Commission (NRC) on July 21, 1997, shall not be considered sufficiently protective. Revises the definition of "federally permitted release" under CERCLA with respect to releases of source, special nuclear, or byproduct material in compliance with licenses, permits, regulations, or orders pursuant to the Atomic Energy Act of 1954 to apply such definition only if such licenses, permits, regulations, or orders adequately protect groundwater. Applies requirements of this Act pertaining to Federal facilities to facilities subject to licenses or decontamination regulations for license termination issued by the NRC. Amends environmental excise tax provisions to treat uranium dioxide as a taxable chemical only if it is used as a fuel in a nuclear reactor.

Bill· HRH.R. 3259 (105th)referred

Medicare Private Contracting Clarification Act of 1998

United States · United States Congress · 25 February 1998

Medicare Private Contracting Clarification Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Balanced Budget Act of 1997, to provide that Medicare private contracts do not apply to non-covered services.

Bill· HRH.R. 3255 (105th)referred

Medicare Universal Product Number Act of 1998

United States · United States Congress · 24 February 1998

Medicare Universal Product Number Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Balanced Budget Act of 1997, to direct the Secretary of Health and Human Services to establish a system for assigning a universal product number (UPN) to every covered item of durable medical equipment, including surgical dressings and splints, prosthetic devices, braces, and artificial limbs. Requires that each request for payment, or bill submitted, after February 1, 2001, for a covered item include its proper UPN.

Bill· HRH.R. 3247 (105th)referred

Community Safety Act of 1998

United States · United States Congress · 24 February 1998

Community Safety Act of 1998 - Amends title XI of the Social Security Act to exempt from certain (anti-kickback) criminal penalties any hospital remunerations to an ambulance provider owned or operated by a State or local government or tax-exempt charitable organization that are in kind replenishments of certain ambulance drugs and supplies used during the transport of a patient to the hospital. Prohibits the determination of such remuneration in a manner that takes into account the volume or value of any referrals or business otherwise generated between the parties for which payment may be made in whole or part under a Federal health care program.

Bill· SS. 1668 (105th)referred

An original bill to encourage the disclosure to Congress of certain classified and related information.

United States · United States Congress · 23 February 1998

Directs the President to inform the employees of a covered agency (or of contractors having classified contracts with such agencies) that: (1) the disclosure to a congressional committee having as its primary responsibility the oversight of a Federal department, agency, or element of evidence of a false statement to the Congress on an issue of material fact, of gross mismanagement, waste of funds, abuse of authority, or substantial and specific danger to public health or safety, or of a violation of any law, rule, or regulation is not prohibited by law, executive order, or regulation; and (2) members of such committee are presumed to have a need to know and may receive such information only in their capacity as committee members. Defines "covered agencies" as the Central Intelligence Agency, the Defense Intelligence Agency, the National Imagery and Mapping Agency, the National Security Agency, the Federal Bureau of Investigation, and any other executive agency having as its principal function the conduct of foreign intelligence or counterintelligence activities.

Bill· SS. 1638 (105th)open